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Photographic 

Sciences 

Corporation 


23  WEST  MAIN  STREET 

WEBSTF  J.N.Y.  14580 

|?1u,  872-4503 


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CIHM/ICMH 

Microfiche 

Series. 


CIHIVI/ICMH 
Collection  de 
microfiches. 


Canadian  Institute  for  Historical  Microreproductions  /  Institut  Canadian  de  microreproductions  historiques 


iM 


Technical  and  Bibliographic  Notes/Notes  techniques  et  bibliographiques 


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D 


D 


n 
0 


D 


Coloured  covers/ 
Couverture  de  couleur 


I      I    Covers  damaged/ 


Couverture  endommagee 

Covers  restored  and/or  laminated/ 
Couverture  restaurde  et/ou  peilicul^e 


I      I    Cover  title  missing/ 


Le  titre  de  couverture  manque 


["71    Coloured  maps/ 


Cartes  g6ographiques  en  couleur 


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Encre  de  couleur  (i.e.  autre  que  bleue  ou  noire) 

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maifi,  lorsque  cela  6tait  possible,  ces  pages  n'ont 
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Additional  comments:/ 
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Showthrough/ 
Transparence 

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I      I  Pages  detached/ 

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I      I  Quality  of  print  varies/ 

I      I  Includes  supplementary  material/ 


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0 


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obtenir  la  meiileure  image  possible. 


This  itrnn  is  fiSmed  at  the  reduction  ratio  checked  below/ 

Ce  document  est  i\\m6  au  taux  de  reduction  indiquA  ci-dessous. 

10X  14X  18X  22X 


26X 


30X 


y 


12X 


16X 


aox 


24X 


28X 


32X 


The  copy  filmed  here  has  been  reproduced  thanks 
to  the  generosity  of: 

National  Library  of  Canada 


L'exemplaire  filmd  fut  reproduit  grdce  d  la 
g6n6rosit6  de: 

Bibliothdque  nationale  du  Canada 


The  images  appearing  here  are  the  best  quality 
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filming  contract  specifications. 


Les  images  suivantes  ont  6t6  reproduites  avec  le 
plus  grand  soin,  compte  tenu  de  la  condition  et 
de  la  nettetd  de  l'exemplaire  filmd,  et  en 
conformitd  avec  les  conditions  du  contrat  de 
filmage. 


Original  copies  in  printed  paper  covers  are  filmed 
beginning  with  the  front  cover  and  ending  on 
the  last  page  with  a  printed  or  illustrated  impres- 
sion, or  the  back  cover  when  appropriate.  All 
other  original  copies  are  filmed  beginning  on  the 
first  page  with  a  printed  or  illustrated  impres- 
sion, and  ending  on  the  last  page  with  a  printed 
or  illustrated  impression. 


The  last  recorded  frame  on  each  microfiche 
shall  contain  the  symbol  -^  (meaning  "CON- 
TINUED"), or  the  symbol  V  (meaning  "END"), 
whichever  applies. 


Les  exemplaires  originaux  dont  la  couverture  en 
papier  est  imprimde  sont  filmds  en  commengant 
par  le  premier  plat  et  en  terminant  soit  par  la 
dernidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration,  soit  par  le  second 
plat,  selon  le  cas.  Tous  les  autres  exemplaires 
originaux  sont  film^s  en  commenpant  par  la 
premidre  page  qui  comporte  une  empreinte 
d'impression  ou  d'illustration  et  en  terminant  par 
la  dernidre  page  qui  comporte  une  telle 
empreinte. 

Un  des  symboles  suivants  apparaitra  sur  la 
derniftre  image  de  chaqut*  microfiche,  selon  le 
cas:  le  symbols  —►  signifie  "A  SUIVRE",  le 
symbols  V  signifie  "FIN  ". 


Maps,  plates,  charts,  etc.,  may  be  filmed  at 
different  reduction  ratios.  Those  too  large  to  be 
entirely  included  in  one  exposure  are  filmed 
beginning  in  the  upper  left  hand  corner,  left  to 
right  and  top  to  bottom,  as  many  frames  as 
required.  The  following  diagrams  illustrate  the 
method: 


Les  cartes,  planches,  tablesux,  etc.,  peuvent  dtre 
film6s  d  des  taux  de  reduction  diff^rents. 
Lorsque  le  document  est  trop  grand  pour  dtre 
reproduit  en  un  seul  clich6,  il  est  film6  d  partir 
de  Tangle  sup6rieur  gauche,  de  gauche  d  droite, 
et  de  haut  en  bas,  en  prenant  le  nombre 
d'images  ndcessaire.  Les  diagrammes  suivants 
illustrent  la  m6thode. 


1 

2 

3 

1 

2 

3 

4 

5 

6 

1^ 


Pi^^PER 


,0 


/ofrfipji 


itKi.M'iM;   ro 


iTHE 


TREATY  OF  WASHINGTON. 


/  \VOLUME  I/-GENEVA  AKBITRATION. 


CONTAINING  THE  CASE  OF  THE  UNITRD  STATES ;   THE  CASE  OF  GREAT 
BRITAIN  ;  THE  COUNTER  CASE  OP  THE  UNITED  STATES;  AND 
A  PORTION  OF  THE  ADDITIONAL  DOCUMENTS,  COR- 
RESPONDENCE, AND  EVIDENCE  WUICg  -i^^^^^^^— ^^^=n-:^ 

ACCOMPANIED  THE  SAME.    ,  ^.^  "'  '"'TX  ^^'"'^''c^'^:^ 


U^-S     'o.^^- 


1  .   v~_ 


c 


\'i^ 


WASHINGTON: 

iloVKRNMENT     P  R  1 JN  T  I  N  G     OFFIOK 
1872. 


TABLE   OF   CONTENTS. 


Pnge. 

Case  of  tb(!  United  Statos  laid  before  the  Tribunal  of  Arbitration  at  Geneva 1 

I.  Introdiietion  to  9 

II.  Unfriendly  course  pursued  by  Great  Britain  towanl  the  United  States  from 

the  outbreak  to  the  close  *)f  the  Insurrection 19 

III.  The  duties  which  (ireat  Britain  as   a  neutral  should  have  observed  toward 

the  United  States 47 

IV.  Wherein  Great   Britain  failed  to  perform  its  duties  as  a  neutral 80 

V.  'Wherein  Great  Britain  failed  to  perform  its  duties  as  Ji  neutral.     The  In- 

snrfjent  cruisers 125 

VI.  The  Tribunal  should  award  a  .sum  in  gross  to  the  United  States 185 

Case  presented  on  the  part  of  the  Government  of  Her  Britannic  Majesty  to  the 

TribuTial 205 

I.  Statenu'iit  of  the  matter  referred  to  the  Arbitrators  as  it  is  understood  by 

the  Government  of  Her  Britannic  Majesty 207 

II.  Statement  of  ev(;nts  which  attended  and  followed  the  commencement  of 
the  civil  war,  and  of  the  course  iiursued  in  relation  to  it  by  Great  Brit- 
ain and  other  Maritime  Powers 211 

III.  Statement  on  International  Rights  and  Duties;  on  the  powers  which 

were  ]>ossessed  by  Her  Britannic  Majesty's  Government  of  preventing 
unl.awful  equipments,  and  the  manner  and  circumstances  in  and  under 
which  these  powers  were  exercised  during  the  war 236 

IV.  Considerations  proper  to  be  ke)>t  in  view  by  the  Arbitrators  in'reference 

to  the  cases  of  the  Florida,  Alabama,  Georgia,  and  .Shenandoah 272 

V.  Statement  relative  to  the  Florida 274 

VI.  Statement  relative  to  the  Alabama 308 

VII.  Statement  relative  to  the  Georgia 356 

VIII.  Statement  relat  i ve  to  the  Shenan«loah 374 

IX.  Recai)itulation  of  fiicts  previously  stated 4t'7 

X.  Remarks  in  conclusion 411 

Counter  Case  of  the  United  States  presented  to  the  Tribunal 415 

Additional  documents,  correspondence,  and  evidence  accompanying  Counter 

Case  of  the  United  States 443 

Correspondence  relative  to  tlu^  monitors  Cataw  ba  and  Oneota  at  New  Orleans  714 

Correspondence  relative  to  the  Florida  at  riiiladelphia 725 

Correspondence  relative  to  the  Spanish  gun-boats  at  New  Yoik 732 

Cuban  corref  .londence,  18(i6-lH71 759 

Correspondence  relative  to  the  Hornet 827 


THE    CASE 


m 


THE     UNITED     STAT:I^S 


I/Ain   TJEFOIJE  THE 


TRIBUNAL  9F  ^ARBITRATION, 


CONVENED  AT  GENEVA, 


UNDER  THE  PROVISIONS  OF  THE  TREATY  BETWEEN  THE  UNITED 

STATES  OF  AMERICA  AND  HER  MAJESTY  THE  QUEEN 

OF   GREAT   BRITAIN,   CONCLUDED   AT 

WASHINGTON,  MAY  8,  1871. 


II 


TABLE  OF  CONTENTS. 


I.  iNxnoDucriON'. 


i'"H"¥i     Pi  I 
eJltion.     t'u 


Mcotiiifj  of  the  Joint  Iliyh  Coinniission  at  W.isliiiijjtoii 
Protocol  of  tlic  coiiitTt'iiccs  ii8  to  tho  Aliilmma  claims... 

The  Treaty  of  Washin{;ton 

Wliat  the  Uiiitctl  States  will  attempt  to  estaMisli 

Evideuci)  ami  tlocximeuts,  and  liow  refoiTed  to 


Puyr. 
[) 

10 
17 

lit) 
30 


J'irif. 
It 

17 


II.  Tin:  LXKRIKN-DLY  COUHSK  PUR.SUKD  1«Y  CiUKAT  I'.ltn.VIX  TOWAIM)  TIIK 
I'XITKD  STATK.S  lliOM  THE  OUTIJKKAK  TO  Till:  Cl.O.si;  Ol'  TIIK  INSlIillKC- 
TIOX. 

Relations  of  the  United  States  with  Great  liritain  prior  to  18fi0 

Friendly  relations  of  tlio  two  Governments  in  1800 

The  United  States  in  ItiliO 

Election  of  Mr.  Lincoln 

Secession  of  South  Carolina 

Secession  of  Alabama 

Secession  of  Georgia  and  other  States 

Opposition  to  the  territorial  limitation  of  slavery  tho  a  ise  of  soces- 

sion 

A  i)arty  in  the  South  opposed  to  secession 

InanjTuration  of  Mr.  Lincoln 

The  British  government  informed  of  his  purposes 

Lord  John  Kussell  promises  to  await  Mr.  Adams's  arrival  before  acting. 

The  surrender  of  Fort  Sumter 

The  insurgents  to  issue  letters  of  marque 

Proclamation  giving  notice  of  blockade 

Objects  of  that  proclamation 

The  joint  action  of  Franco  invited  by  Great  Britain 

When  the  I'resideut's  proclamation  was  received  in  Great  Britain 

Opinion  of  law  oCQccrs  taken  on  an  imperfect  coi)y 

Her  Majesty's  government  decide  on  the  first  of  May  to  recognize!  a 

state  of  war 

Lord  John  En.ssell  and  tho  insurgent  commissioners  discuss  tlu.'  re(!og- 

uition  of  southern  independence 

Communication  with  the  French  government 

Answers  of  the  French  government 

When  the  President's  proclamation  was  received  by  Great  Britain.. . 

Etlect  of  recognition  of  a  state  of  war 

The  Queen's  proclamation 

Uncertainty  of  Her  Majesty's  government 

Elfeet  of  the  Queen's  'proclamation 

Mr.  Ihight's  views.. 

The  sovereign  right  to  issue  such  a  iiroclamation  not  denied 

It  was  an  uufriendlv  act 


ni 
:v.i 

'M 
30 
36 
30 
37 

37 
39 
42 
42 
43 
44 
44 
45 
45 
45 
47 
49 


51 
rr2 
53 

54 
55 
57 
57 
53 
02 
03 
03 


19 
20 
20 
21 
21 
21 
21 

21 
22 
23 
23 
23 
24 
24 
24 
24 
24 
25 
26 


50   26 


26 
27 
27 
27 
23 
23 
28 
29 
30 
31 
31 


CONTENTS. 


0»HTn  Pr nl 

f.lil.ci,,.    .•1,1.. .11. 

II.  Tin:  rxiitii;Ni'i.Y  cuiitsi:  iTW.sirn  iiv  fliiK.vr  JJimt.un  towakk  riir, 
I'.MiKi)  SiATi's  I  Ko.M    riii:  ui TiiKr.AK  TO  iTii;  (jLo.si;  «)i.'  Tin;  inm  i;i;i:c- 

TlUN — (>()lltilUH»l. 

Anil  i.Hsiicd  witli  ill)  iiiifiiciKlly  iniriMiso HI  :!l 

M.  ll(»liii-,l.iii|tiiiii,viiH  on  tlir  (iui't'ii'.s  procliiuuitiou (M  ;!l 

Uiiriiiiiidly  cumliicl  of  Ureal  IJiituiii  as  to  tlio  (locliU'iitioiis  ol'  tli<>  coii- 

^jri'ss  (if  I'm  lis OJ*  >M 

Till-  iii.slnnlioii.s  lo  Jjord  Lyons  nii;;lit  luivo  bouii  rt'^^ardi'il  a.s  ii  laiiso 

of  war 08  'S.\ 

roriniT  negotiations  rej^aidini^  tlio  declarations  ol"  tlio  t'on^ress  of 

I'aris Cll  ?,.\ 

Lord  Lyoii.s'.s  intervi<(\v  with  Mr.  Seward 7vi  !5I 

1'erniinatiou  ot' ne;;ol,iatioM.s  Willi  tiio  United  Slater 7if  IIj 

Great  llritain  desired  to  legalize  privateering 71  :'>•'> 

Kejfotiations  iit  liieliinoiid 71  Ii.") 

jMr.  Adanis'.s  eonnnents 16  M 

C'ontia.st  hetweiMi  eouduet  of  Great  Britain  toward  tlio  Uniti.'d  States 

in  tJie  Trent  aflair,  and  toward  violators  of  liritisli  t'ontrulity  in  tlio 

insurgent  interest t^2  "8 

M.  Jiolin-.Iaetineniyns  on  British  nentrality JrG  40 

I'roof  of  I  lie  nnfriendly  feuliny  of  members  of  tho  IJritisU  cabinet  and 

I'arlianieiit 87  40 

Conclusions lUO  45 

IIL   Tin:  I)i;tii;s  which  Gkkat  BuiTAix,  a.s  a  xeuti'.ai,,  siiouli>  iiavu 
oiJ.SEUVi:i»  TowAiii)  the  Unitei>  SrvTics. 

Tin;  Qneon's  proclamation  a  rccoyuition  of  obligations  under  the  law 

of  nations 10,")  47 

Great  Dritain  has  rccoj^nizcu  its  obligations  in  various  ways 105  47 

The  obligations  recognized  by  the  foreign  enlistment  act  of  1810 105  47 

Municipal  laws  designed  to  aid  a  government  in  tho  performance  of 

international  duties 100  47 

Ilist(U'y  of  the  foreign  enlistment  act  of  1819 100  47 

Great  Ibitain  bound  to  perforin  the  duties  recognized  by  that  act....  108  48 

The  duties  recognized  by  that  aet 100      48 

Koyal  commission  to  revise  tho  foreign  enlistment  act  of  1.810 ll'.!  50 

Report  (if  that  commission 114      51 

The,  foreign  enlistment  act  ol  1870 110  51 

Its  judicial  construction 117  52 

International  law  is  .i  part  of  the  coinnion  law  of  England lid  Wi 

Dllti(^s  recognized  by  tho  Queen's  proclamation  of  neutrality Vl'i  51} 

Delinition  of  neutrality l'J3      54 

Duties  recognized  by  instructions  to  British  officials  during  the  insur- 
rection    .   1"25  55 

Correspondence  between  the  two  governments  in  179;5-'94 1'20      55 

Treaty  of  November  19,  1794 i:U      57 

Construction  of  that  treaty  by  the  commissiouers  appointed  under  it.  13ii      57 
The  neutrality  laws  of  the  United  States  enacted  at  tho  recpiest  of 

Great  Britain l'o-^>      5c 

Case  of  the  bark  Maury 134      53 

Principles  thus  recognized  by  the  two  governments 135      58 

Obligation  to  make  compensa tion  for  injuries 130      59 


IV. 


CONTENTS. 


/'iy«. 


;u 


:jti 


-10 

40 
45 


47 
47 
47 

47 

47 
4S 
48 
50 
51 
51 
5-^ 
53 
5:? 
54 

55 

57 
57 


in.  Tin;  DT'TiKs  wiiicir  fiui-AT  TIkitaix,  as  a  NKnnAL,  snot;LD  iiavk 
uii.MJtVKO  loWAiM)  Tin;  rMii;i>  Sr\ri>— CoMliiiiicil. 

CoiTfspoiHli'iu'r  Itctwrcii  tile  riiitcil  Stales  iiiiil  I'lirtii^iil 

rriiicijilcs  rrc(i;;niz(Ml  in  tliut  (•(•iri'spondciicc 

IJiili's  ill  I  lie  treaty  of  Wasliin^^fKii 

Wiiat  is  due  (liii;;euco 

Fitting  lint,  aniiinjj,  or  eqiiiiiiiiii);,  path  an  ofleiise 

Tlie  second  eiaiise  of  Ww  lirst  rule 

Roasons  tor  a  (•liaiij;e  <il'  laii}j;na^e 

Continnin;;  foire  of  tlio  iiile 

Duty  to  detain  otl'eiidinj?  vessels  recoynized  by  Grout  IJritain 

Also  i'ecr>;;iii/,ed  liy  I'ranee 

The  Hecond  rule  of  tlit,'  treaty 

Tile  tliiid  iiile  of  tilt)  treaty 

Duty  to  make  eoiniiensntion  for  injuries 

The  forejioiii"^  views  in  liariiiony  with  the  opinions  of  Knroi>ean  imh- 

lieists 

Ilantef.Miille 

Uliintsdili 

Roliii-Ja(((ueniyns 

Ortolan 

I'ierantoni 

Lord  Wesll  ,  ly 

The  case  ot  the  Swedish  vessels 

rMrendiny  vessels  not  siinidy  contraliand  of  war 

Opinion  of  Ortolan 

Oi>iiiii)n  of  Ilefl'ter 

Case  of  the  Santisinia  Triiiiihid 

Controlled  by  the  cpse  of  the  Gran  Para 

Elfeet  of  a  eoimnission  of  the  olVender  as  a  vessel  of  war 

Oiiinion  of  Sir  Ivoundell  rainier 

Ojiinion  of  Chief  Justice  Marshall  

Deeision  of  tin;  Snpreino  Court  of  the  United  States 

The  priueiple  reco;j;iiized  by  France,  Great  Britain,  Spain,  Portuj^al, 

and  the  United  States 

Deposit  of  the  otfeiiso 

Eesnino  of  principles 

IV.    Win;]!i;ix  Gukat    Bkitaix   tailkd   to  ri:i!ioi;M   it.s  dutiivS   a,s  a 

KKlTltAL. 

Admissions  of  British  cabinet  mlnistors 

British  ports  the  base  of  insurgent  operations;  a  partial  hospitality 
shown  to  the  insurgents;  a  branch  of  their  government  estal)lislied 
in  Liverpool;  their  government  vessels  oflicially  aided  in  evading 
the  blockade,  and  in  furnishing  them  with  anus,  nuinitions,  and 
means  for  carrying  on  the  struggle 

The  firm  of  Fraser,  Trenholni  &  Co 

Character  of  the  blockaded  coast 

Geographical  situation  of  Nassau  and  Bermuda 

What  was  done  at  Nassau 

The  United  States  denied  permission  to  deposit  coal  at  Nassau 

Complaints  to  Earl  Russell  and  his  rejdy 

Instructions  as  to  hospitalities  to  the  belligerents 


''Il#.Vi»  1 

r..4*'nl 

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59 

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150 

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159 

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(W 

150 

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Kit) 

TO 

Kit; 

TO 

Kia 

Tl 

IGO 

Tl 

ir.o 

T2 

170 

T2 

171 

T2 

170 

T4 

1-1 

TO 

184 

77 

185 

77 

18G 

78 

193 

80 

195 

81 

19G 

81 

197 

Pf* 

201 

fi:i 

203 

84 

204 

84 

204 

85 

200 

85 

209 

80 

209 

80 

210 

87 

215      89 


218 

90 

219 

91 

222 

92 

22:5 

92 

225 

93 

229 

94 

232 

95 

233 

90 

CONTENTS. 


Geneva  Pn'f'ent 
editiun.  eAtion, 

IV.  WiiKHKiN  Orkat   Britain'   failed   to   perform  its   duties   as   a 
NKtTitAi, — Continued. 

i            Lord  r!ilnier.stoii'H  threats 231  96 

Contraband  of  war  fraiidnltMitly  cleared  at  Nassau  for  British  ports..  23G  1)7 

Resnnit5  for  the  year  lrt(W 5>:J7  97 

Base  changed  to  Bermuda 239  98 

What  Avas  done  at  Li  vcrpool  by  Bullock 240  99 

The  Florida 241  99 

The  Alabama 243  99 

The  Sumter  at  G ibraltar 245  100 

The  Florida  at  Nassau 245  100 

Contracts  for  eonstruetiii};  six  iron-clads 240  101 

The  .Sumter  at  Trinidad 247  101 

The  Florida  at  Nassau . . . : 247  101 

Mr.  Adams  represents  the  foregoing  facts  to  Earl  Russell 248  101 

Earl  Russell  declines  to  act 249  102 

Inetiici(-ney  of  t  he  foreign  enlistuu'ut  act 250  102 

ProiK)sitions  to  amend  the  foreign  enlistment  act 251  103 

Propositions  declitied  by  (Jreat  Britain 251  103 

Proposition  renewed  and  d(!clined 253  103 

These  proceedings  were  an  aljandonment,  in  advance,  of  "due  dili- 
gence"   25G  104 

Th(!  Georgia 250  105 

ThcAlexandra 257  105 

The  rulings  in  the  Alexandra  case  emasculated  the  foreign  enlistment 

act 259  100 

Laird's  iron-clad  rams 200  100 

Their  detention  not  au  abandonment  of  the  lax  construction  of  t}i(i 

duties  of  a  neutral 204  108 

The  contracts  with  Arman  for  the  construction  of  vessels  in  France..  200  108 

Conduct  of  the  French  Government 207  109 

Contrast  between  the  conduct  of  France  and  of  Great  Brita  in 209  109 

The  Tuscaloosa  at  the  Cape  of  Good  Hope 270  110 

She  is  released  against  the  advice  of  Sir  BaMwin  Walker 272  110 

The  course  of  tlu;  governor  is  disapi)roved 272  111 

The  Tuscaloosa  comes  again  iuTo  the  v>aters  of  the  C(d()ny 273  111 

The  governcu"  reverses  his  policy  and  seizes  the  vessel 273  111 

His  course  is  again  disapproved 274  111 

Blockade-running 274  111 

Cotton  shipments 275  112 

The  insurgent  g()v<'rnment  interested  in  blockade-running 278  113 

These  facts  lironght  to  Earl  Russell's  notice 282  114 

He  sees  no  otfense  in  them 282  114 

Earl  Russell's  attention  again  called  to  these  facts 284  115 

Ho  again  sees  no  oil'ense  in  them 285  115 

Bh)ckade-ruiming  in  i)artnersliip  with  the  insurgent  government 280  110 

Continued  partiality 288  117 

The  Rappahannock 201  118 

The  Shenandoah 293  118 

Mr.  Mountagne  Bernard's  list  of  vessels  detained  by  Great  Britain. ..  290  120 
The  charges  in  Mr.  Fish's  instructions  of  September  25,  1809,  are  sus- 
tained by  this  evidence 300  121 


CONTENTS. 


96 

1)7 

97 

98 

99 

99 

99 

100 

100 

101 

101 

101 

101 

102 

10-2 

io:{ 
10:? 
io;$ 

l-?4 
105 
105 


108 
108 
109 
109 
110 
110 

111 
111 
111 
111 
111 

112 
113 
114 
114 
115 
115 
llfi 
117 
118 
118 
120 


♦'liitiDii.  eil.tit.lL 

v.  WuEHKix  Great  Britaix  failed  to  i>ei:form  it.s  duties  as  a  neutral.     "^^      "*"' 
The  Ixsurgext  Cruisers. 

Earl  KussoU  denounces  the  acts  of  wbicli  the  United  States  complain 

as  unwarranted  and  totally  unju.stiliable 309  125 

British  territory  the  base  of  the  naval  operations  of  the  insurgents. . .  :?10  125 

Their  arsenal ;{10  l-^5 

The  systematic  operations  of  the  insurgents  a  violation  of  the  duties 

of  a  neutral 311  lOQ 

Continuing  jjartiality  for  the  insurgents 313  12(5 

Eecapitulation  of  hostile  acts  tolerated  in  British  Possessions 314  127 

These  facts  throw  suspicion  upou  the  acts  of  British  officials  toward 

the  insurgent  cruisers ;51()  128 

They  show  an  abnegation  of  all  diligence  to  prevent  the  acts  com- 
plained of 317  128 

They  throw  upon  Great  Britain  the  bnrden  of  proof  to  show  that  the 

acts  complained  of  could  not  have  been  prevented 318  128 

List  of  the  insurgent  cruisers 320  129 

The  Sumter 320  129 

The  Na.shville 328  132 

The  Florida  and  her  tenders,  the  Clarence,  the  Tacony,  and  the  Archer.  332  133 

The  Alabama  and  her  tender,  the  Tuscaloosa 3G4  146 

The  Eetribntion 3<J0  156 

The  Georgia 3t)2  1.56 

riio  Tallahassee,  or  the  Olustee 409  163 

The  Chickanianga 413  104 

The  Shenandoah 416  1(55 

Summary 454  180 

The  conduct  of  other  nations  contrasted  with  that  of  Great  Britain..  462  183 

VI.  Tin:  Trihuxal  should  award  a  sum  ix  gross  to  the  United  States. 

Oiler  of  the  American  Commissioners  in  the  Joint  High  Commission.  467  185 

Rejection  of  the  ofl'er  by  the  British  Commissioners 468  185 

Terms  of  the  submission  by  the  Treaty 468  185 

General  htutement  of  the  claims 469  185 

Claims  growing  out  of  the  destruction  of  ves.sels  and  cargoes 469  186 

Government   vessels 470  186 

Merchant  vessels 470  186 

Injuries  to  persons 471  1^6 

E.\penditures  in  i)ursuit  of  cruisers 472  186 

Transfer  of  vessels  to  the  British  Hag ., 472  187 

Enhanced  rates  of  insurance 476  188 

Prolongation  of  the  war 470  ih8 

Interest  claimed  to  the  date  of  payment 479  189 

Reasons  why  a  gros.-?.  ;uni  should  be  awarded 480  189 

Index ..,„ 4H3    191 


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19J 


"CASE  OF  THE   UNITED  STATES. 


PART  I. 


M-'-!iTl:I  <if  the 
Joint  Ht;;!t  <'<>tii!ii,<- 
^fiMi-rs  .u  \\';i>liil)8- 
l«.ri. 


rrntr)C()l    of     the 
(•"iil'Tfin'v*  :i«  In  the 


INTRODLTCTION. 

In  the  sprinj?  of  tho  present  year  (1S71)  five  Commissioners  on  the 
part  of  Great  liritain  and  five  Commissioners  on  tlie  part 
of  the  United  States  of  America  met  at  Washington  in  a 
bod}',  which,  when  organized,  was  known  as  the  Joint  Iligli 
Commission,  in  order  to  discuss,  and,  if  possible,  to  arrange  for,  the 
adjustment  of  several  causes  of  <litference  between  the  two  Towers. 

Among  the  subjects  which  were  brought  before  that  body  by  the 
United  States  were  "the  differences  which  arose  during  the  rebellion 
in  the  United  States,  and  which  have  existed  since  then,  growing  out 
of  the  acts  committed  by  the  several  vessels,  which  have  given  rise  to 
the  claims  generically  known  as  the  Alabama  Claims."' 

The  sessions  of  the  Joint  High  Commission  were  many  in  number, 
and  were  largely  devoted  to  the  consideration  of  the  ditterences  re- 
ferred to  in  Mr.  Fish's  letter  to  Sir  l^Mward  Thornton,  from 
[10]  *which  the  above-cited  quotation  is  made.  Tiie  High  Commis- 
sioners, in  the  protocol  of  their  thirty-sixth  conference,  caused  to 
be  recorded  ii  statement  of  their  negotiations  on  this  subject,  in  the  fol- 
lowing language: 

"At  the  conference  held  on  the  8th  of  March  the  Ameri- 
can Commissioners  stated  that  the  people  and  Government  '^i"'""'^'" 
of  tho  United  States  felt  that  they  had  sustained  a  great  wrong,  and 
that  great  injuries  and  losses  were  intlicted  upon  their  commerce  and 
their  material  interests  by  the  course  and  conduct  of  (hvat  Britain  dur- 
ing the  recent  rebellion  in  the  United  States;  that  what  had  occurred 
in  Great  Britain  and  her  colonies  during  that  period  had  given  rise  to 
feelings  in  the  United  States  which  the  ])eople  of  the  United  States  did 
not  desire  to  (.'herish  toward  Great  Britain  ;  that  the  history  of  the  Ala- 
bama ami  other  cruisers,  which  had  been  fitted  out,  or  armed,  or  equip- 
ped, or  \vhi(!h  had  received  augmentation  of  force  in  Great  Britani  or 
in  her  colonies,  and  of  the  operations  of  those  vessels,  showed  extensive 
direct  losses  in  the  capture  and  destruction  of  a  large  number  of  ves- 
sels, with  their  cargoes,  and  in  the  heavy  national  exi)enditures  in  the 
pursuit  of  the  cruisers,  and  in  direct  injury  in  the  transfer  of  a  large  part 
of  the  American  commercial  marine  to  the  British  tlag,  in  the  enhanced 
payments  of  insurance,  in  tho  prolongation  of  the  war,  and  in 
[11]  *the  addition  of  a  large  sum  to  the  cost  of  the  war  and  the  sup- 
pression of  the  rebellion;  and  also  showed  that  Great  Britain, 
by  reason  of  failure  in  the  proper  observance  of  her  duties  as  a  neutral, 
had  become  justly  liable  for  the  acts  of  those  cruisers  and  of  their  tend- 
ers; that  the  claims  for  the  loss  and  destruction  of  private  property 
which  had  thus  far  been  presented  amounted  to  about  fourteen  millions 

>Mr.  Fish  to  Sir  Eclwunl  Tliorutou,  Jamiary  30,  1871,  Vol.  VI,  pase  IG. 


10 


INTRODUCTION. 


of  dollars,  without  interest,  which  amoniit  was  liable  to  be  greatly 
increased  by  claims  whieli  had  not  been  presented;  that  the  cost  to 
which  the  Government  had  been  i)nt  in  the  i)ursuit  of  cruisei's  coald 
easily  be  ascertained  by  certilicates  of  Government  accojinting  oflicers; 
that,  in  the  hope  of  an  amicable  settlement,  no  estimate  was  made  of 
the  indirect  losses,  without  prejudice,  however,  to  the  rif»ht  to  indem- 
nification on  their  account  in  the  event  of  no  such  settlement  being 
made. 

"The  Americfin  Commissioners  further  stated  that  they  hoped  that 
the  Ijritisli  Commissioners  would  be  able  to  place  u])on  record  an  ex- 
pression of  regret  by  Her  ]Mnjesty's  Goverinnent  for  the  depredations 
conunitted  by  the  vessels  whose  acts  were  now  under  discussion.  They 
also  i>roposed  that  the  Joint  High  Commission  shouhl  sigree  upon  a 
sum  which  should  be  paid  by  Great  Britain  to  the  United  States,  in 
satislaction  of  all  the  claims  and  the  interest  thereon. 

*  "  The  British  Commissioners  replied  that  Her  Majesty's  Gov-  [12] 
ernment  could  not  admit  that  Great  Britain  had  failed  to  discharge 
toward  the  United  States  the  duties  imposed  on  her  by  the  rules  of  Inter- 
national Law,  or  that  she  was  justly  liable  to  make  good  to  the  United 
States  the  losses  occasioned  by  the  acts  of  the  cruisers  to  which  the 
American  Commissioners  had  referred.  Tliey  reminded  the  American 
Connnissioners  that  several  vessels,  sus])ected  of  being  designed  to 
cruise  against  tlie  United  States,  including  two  ironclads,  had  been 
arrested  or  detained  by  the  Britisli  Government,  and  that  that  Govern- 
ment had,  in  some  instances,  not  conlined  itself  to  the  discharge  of  in- 
ternational obligations,  however  widely  construed,  as,  for  instance, 
when  it  ac(piired,  at  a  great  cost  to  the  country,  the  control  of  the  An- 
glo-Chinese Flotilla,  which,  it  was  api>rehended,  might  be  used  against 
the  United  States. 

"  They  added  that,  although  Great  Bi  'tain  had,  from  the  beginning, 
disavowed  any  resjjonsibility  for  the  acts  of  the  Alabama  and  the  other 
vessels,  she  had  already  shown  her  willingness,  for  the  sake  of  the 
maintenance  of  friendly  relations  with  the  United  States,  to  adopt  the 
principle  of  arbitration,  provided  that  a  titting  Arbitrator  could  be 
found,  and  that  an  agreement  could  be  come  to  as  to  the  points 
to  which  arbitration  should  apply.  *They  would,  tlier-'fore,  ab-  [13] 
stain  from  rei)lying  in  detail  to  the  statement  of  the  ^vinerican 
Comnnssioners,  in  the  hope  that  the  necessity  for  entering  upon  a 
lengthened  controversy  might  be  obviated  by  the  adoption  of  so  fair  a 
mode  of  si'ttlement  as  that  which  they  were  instructed  to  propose ;  and 
they  had  now  to  repeat,  on  behalf  of  their  Government,  the  oU'er  of  ar- 
bitration. 

"  The  American  Commissioners  expressed  their  regret  at  this  decis- 
ion of  the  British  Commissioners,  and  said  further  that  they  coidd  not 
consent  to  submit  the  (juestion  of  the  liability  of  ]b»r  Majesty's  Gov'- 
ernment  to  arbitration  unless  the  princii)les  which  shouhl  govern  the 
Arbitrator  in  the  consideration  of  the  facts  could  be  first  agreed  upon. 

"The  British  Commissioners  replied  that  they  had  no  authority  to 
agree  to  a  submission  of  these  claims  to  an  Arbitrator  with  instructions 
as  to  the  principles  which  should  govern  him  in  the  consideration  of 
them.  They  said  that  they  should  be  willing  to  consider  what  princi- 
l)les  should  be  adopted  for  observance  in  future;  but  that  they  were  of 
opinion  that  the  best  mode  of  conducting  an  arbitration  was  to  submit 
the  facts  to  the  Arbitrator,  and  leave  Idni  free  to  decide  upon  them 
alter  hearing  s-ch  arguments  as  might  be  necessary. 

"  The  American  Commissioners  replied  that  they  *were  willing     [14] 


INTRODUCTION. 


11 


to  cousidor  what  principles  should  be  laid  down  for  observance  in 
similar  cases  in  future,  with  the  understanding  that  any  princii)les 
that  should  be  agreed  upon  sliould  be  held  to  be  applicable  to  the 
facts  in  respect  to  the  Alabama  Claims. 

"  The  British  Commissioners  replied  that  they  could  not  admit  that 
there  had  been  any  violation  of  existing  principV's  of  Internation.al  Law, 
and  that  their  instructions  did  not  authorize  tliem  to  accede  to  a  pro- 
posal for  laying  down  rules  lor  the  guidance  of  the  Arbitrator,  but  that 
they  would  make  known  to  their  Government  the  views  of  the  Ameri- 
can Commissioners  on  the  subject. 

"  At  the  respective  conferences  on  March  9,  March  10,  iMarch  13, 
March  14,  the  Joint  High  Commission  considered  the  form  of  the  de- 
claration of  principles  or  rules  which  the  American  Commissioners 
desired  to  see  adoj^ted  for  the  instruction  of  the  Arbitrator  and  laid 
down  for  observance  by  the  two  Governments  in  future. 

"At  the  close  of  tlie  conference  of  the  lith  of  JMarch,  the  British 
Commissioners  reserved  several  questions  for  the  consideration  of  their 
Government. 

"  At  the  conference  on  the  oth  of  xVpril,  the  British  Commissioners 
stated  that  they  wore  instructed  by  Her  Majesty's  Government 
[15]  to  declare  *that  Her  Majesty's  Government  could  not  assent  to 
the  proi)osed  rules  as  a  statement  of  principles  of  International 
Law  which  were  in  force  at  the  time  when  the  Alabama  Claims  arose,  but 
that  Her  3Iajesty's  Government,  in  (U'der  to  evince  its  desire  of  strength- 
ening the  friendly  relations  between  tlie  two  countries,  and  of  making 
satisfactory  provision  for  the  future,  agreed  that,  in  deciding  the  ques- 
tions between  the  two  countries  arising  out  of  those  claims,  the  Arbi- 
trator should  assume  that  ILir  Majesty's  Government  had  undertaken 
to  act  iq>on  the  principles  set  forth  in  the  rules  which  the  American 
Commissioners  had  ]>ropose(l,  viz : 

"  '  That  a  neutral  Government  is  bound, 

"  '  i^  irst,  to  use  due  diligence  to  prevent  the  fitting  out,  arming,  or 
equipping,  within  its  jurisdiction,  ot  any  vessel  which  it  has  reasonable 
ground  to  believe  is  intended  to  cruise  or  cari'j'  on  war  against  a  Power 
with  which  it  is  at  peace ;  and  also  to  use  like  diligence  to  prevent  the 
departure  from  its  jurisdiction  of  any  vessel  intended  to  cruise  or  carry 
on  war  as  above,  such  vessel  having  been  specially  adapted,  in  wltole 
or  in  part,  within  such  jurisdiction,  to  warlike  use. 

"  '  Secondly,  not  to  permit  or  suffer  either  belligerent  to  make  use  of 
its  Dorts  or  waters  as  the  base  of  naval  operations  against  the 
[IG]  other,  or  for  *the  purpose  of  the  renewal  or  augmentation  of  mil- 
itary supplies  or  arms,  or  the  recruitment  ol"  men. 

" ' Thirdly,  '--  exercise  due  diligence  in  its  own  ports  or  waters,  and, 
as  to  all  persons  within  its  jurisdiction,  to  prevent  any  violation  of  the 
foregoing  obligations  and  duties.' 

"It  being  a  condition  ot  this  undertaking  that  th<>se  obligations 
should  in  future  be  held  to  be  binding  internationally  between  the  two 
countries. 

"  It  was  also  settled  that,  in  deciding  the  matters  submitted  to  him, 
the  Arbitrator  should  be  governed  by  the  foregoing  rules,  which  luul 
been  agreed  upon  as  rules  to  be  taken  as  applicable  to  the  case,  and  by 
such  principles  of  International  Law,  not  inconsistent  therewith,  as  the 
Arbitrator  should  determine  to  have  been  applicable  to  the  case. 

"The  Joint  High  Commission  then  proceerled  to  consider  the  form  of 
submission  and  tlie  nmnner  of  constituting  a  Tribunal  of  Arbitration. 

"  At  the  conferences  on  the  Gth,  8th,  9th,  10th,  and  12th  of  April  the 


12 


INTRODUCTION. 


Joint  Tli^ili  Coimnission  considered  and  discussed  tlie  form  of  submis* 
sion,  the  manner  of  the  award,  and  the  mode  of  selecting  tlic  Arbitra- 
tors. 

"  The  American  Commissioners,  referring  to  the  hope  which 
they  had  expressed  on  tiie  8th  of  *March,  inquired  whether  the  [17] 
Britisli  Commissioners  were  prepared  to  place  upon  record  an  ex- 
pression of  r(  gret  by  Her  IMajesty's  Government  for  the  depredations 
committed  by  the  vessels  whose  acts  were  uow  under  discussion;  and 
the  British  Commissioners  replied  that  they  were  authorized  to  express, 
in  a  friendly  spirit,  the  regret  felt  by  Her  Majesty's  Government  for  the 
escai)e,  under  whatever  circumstances,  of  the  Alabama  and  other  ves- 
sels irom  British  ports,  and  for  the  depredations  committed  by  those 
vessels. 

"The  Americau  Conunissiouers  accepted  this  expression  of  regret  as 
very  satisfactory  to  them  and  as  a  token  of  kindness,  and  said  that  they 
f"l(  sure  it  would  be  so  received  by  the  Government  and  people  of  the 
United  States. 

"  111  the  conference  on  the  13th  of  April  the  Treaty,  Articles  I  to  XI, 
■wer<'  agreed  to." 

The  Treaty  referred  to  in  ^^his  statement  was  signed  at  Washington 
Th,.    In  ,ty   <.r  <^>'i  the  8th  day  of  May,  1871,  and  the  ratifications  thereof 
^^''  '■""  were  exchanged  at  London  on  the  17tliday  of  the  following 

June.    The  articles  which  relate  to  this  subject  are  the  following : 

"Article  I. 


"  Whereas  differences  have  arisen  between  the  Government  of  the 
United  States  and  the  Government  of  Her  Britannic  Majesty, 
and  still  exist,  *growing  out  of  the  acts  committed  by  the  several      [18] 
vessels  which  have  given  rise  to  the  claims  generically  known  as 
the  'Alabama  Claims ;' 

"AikI  whereas  Her  Britannic  IVIajesty  has  authorized  Her  High  Com- 
missioners and  Plenipotentiaries  to  express,  in  a  friendly  spirit,  the  re- 
gret felt  by  Her  Majesty's  Government  for  the  escape,  under  whatever 
circumstances,  of  the  Alabama  and  other  vessels  from  British  i)orts, 
and  for  the  depreilations  committed  by  those  vessels  : 

"  Now,  in  order  to  remove  and  adjust  all  complaints  and  claims  on  the 
])art  of  the  United  States,  and  to  provide  for  the  speedy  settlement  of 
such  claims,  which  are  not  admitted  by  Her  Britannic  3Iajesty's  Gov- 
ernment, the  High  Contraciting  Parties  agree  that  all  the  said  claims, 
growing  out  of  acts  committed  by  the  aforesaid  vessels,  and  generically 
known  as  the  'Alabama  Claims,'  shall  be  referred  to  a  Tribunal  of  Arbi- 
tration, to  be  composed  of  five  Arbitrators,  to  be  appointed  in  the  fol- 
lowing manner,  that  is  to  say  :  One  shall  be  nanied  by  the  President  of 
the  Unitod  States;  one  shall  be  named  by  Her  Britannic  IMajesty ;  His 
Majesty  the  King  of  Italy  shall  be  requested  to  name  one;  the  Presi- 
dent of  the  Swiss  Confederation  shall  be  requested  to  name  one ;  and  His 
Majesty  the  l]m])eror  of  Brazil  shall  be  requeste<l  to  name  one. 

*  "  In  case  of  the  death,  absence,  or  incapacity  to  serve  of  any  [10] 
or  either  of  the  said  Arbitrators,  or  in  the  event  of  either  of  the 
said  xVrbitrators  omitting  or  declining  or  ceasing  to  act  as  such,  the 
President  of  the  United  States,  or  Her  Britamiic  Majesty,  or  His  Ma- 
jesty the  King  of  Italy,  or  the  President  of  the  Swiss  Confederation,  or 
His  ^Majesty  th<'  Emperor  of  Brazil,  as  t'»e  case  may  be,  may  forthwith 
name  another  person  to  act  as  Arbitrator  in  the  place  and  stead  of  the 
Arbitrator  originally  named  by  such  Head  of  a  State. 


[21] 


euce. 


INTRODUCTION. 


In 
O 


[17] 


and 


[18] 


ports, 


"And  in  tlio  event  of  the  refusal  or  omission  for  two  months  after 
receii)i  of  the  recpiest  from  either  of  the  High  Contraetin-;'  Parties  of 
His  Mi  jesty  the  Kinj,'  of  Italy,  or  the  President  of  the  Swiss  Confedera- 
tion, or  Ills  3Iajesty  the  Emperor  of  Brazil,  to  name  an  Arbitrator, 
either  to  All  the  original  appointment,  or  in  the  place  of  one  who  may 
have  died,  be  absent,  or  incai)acitated,  or  who  m;iy  omit,  deeline,  or 
from  any  cause  cease  to  act  as  such  Arbitrator,  llis  Majesty  the  King 
of  Sweden  and  Norway  shall  be  requested  to  name  one  or  more  persons, 
as  the  case  may  be,  to  act  as  such  Arbitrator  or  Arbitrators. 

"Article  II. 

"  The  Arbitrators  shall  meet  at  Geneva,  in  Switzerland,  at  the 
[20]  earliest  convenient  day  after  *they  shall  have  been  named,  and 
shall  proceed  impartially  and  carefully  to  examine  and  decide  all 
questions  that  shall  be  laid  before  them  on  the  i)art  of  the  Governments 
of  the  United  States  and  Her  Britannic  Majesty,  respectively.  All 
questions  considered  by  the  Tribunal,  including  the  final  award,  shall 
be  decided  by  a  majority  of  all  the  Arbitrators. 

"Each  of  tlie  Uigli  Contracting  Parties  shall  also  name  one  person  to 
attend  the  Tribunal  as  its  agent  to  represent  it  generally  in  all  matters 
connected  with  the  arbitration. 

"Article  III. 

"  The  written  or  printed  case  of  each  of  the  two  Parties,  accompa- 
nied by  the  documents,  the  official  correspondence,  and  other  evidence 
on  which  each  relies,  shall  be  delivered  in  duplicate  to  each  of  the  Arbi- 
trators and  to  the  agent  of  the  other  Party  as  soon  as  may  be  after  the 
organization  of  the  Tribunal,  but  within  a  period  not  exceeding  six 
months  from  the  date  of  the  exchange  of  the  ratifications  of  this 
Treaty. 

"Article  IV. 

"  Within  four  months  after  the  delivery  on  both  sides  of  the  written 
or  printed  case,  either  Party  may,  in  like  manner,  deliver  in  tlupli- 
[21]  cate  to  each  *of  the  said  Arbitrators,  and  to  the  agent  of  the 
other  Party,  a  counter-case  and  additional  documents,  correspond- 
ence, and  evidence,  in  reply  to  the  case,  documents,  correspondence,  and 
evidence  so  presented  by  the  other  Party. 

"The  Arbitrators  may,  however,  extend  the  time  for  delivering  such 
counter-case,  documents,  correspondence,  and  evidence,  when,  in  their 
judgment,  it  becomes  necessary,  in  consequence  of  the  distance  of  the 
place  from  which  the  evidence  to  be  presented  is  to  be  procured. 

"  If  in  the  case  submitted  to  the  Arbitrators  either  Party  shall  have 
specified  or  alluded  to  any  report  or  document  in  its  own  exclusive  pos- 
session, without  annexing  a  copy,  such  Party  shall  be  bound,  if  the 
other  Party  thinks  proper  to  apply  for  it,  to  furnish  that  Party  with  a 
copy  thereof;  and  either  Party  may  call  upon  the  other,  through  the 
Arbitrators,  to  produce  the  originals  or  certified  copies  of  any  papers 
adduced  as  evidence,  giving  in  each  instance  such  reasonable  i.otice  as 
the  Arbitrators  may  require. 

"Article  V. 

"It  shall  be  the  duty  of  the  agent  of  each  Party,  within  two  months 
after  the   expiration    of  the  time   limited  for  the  delivery  of  the 


14 


INTRODUCTION. 


coiiiitor-casc  on  both  si«l«'S,  to  deliver  in  dnplioato  to  each  of  *tlie  [22] 
said  Arbitrators  and  to  the  ajiont  of  the  other  Party  a  written  or 
jninted  arj^ument,  showing?  tlie  i)oint.s  and  referrinj;'  to  the  evidence 
npon  wliich  his  Governiiient  rebes;  and  the  Arbitrators  may,  if  they 
desire  fnrthor  ehieidation  with  regard  to  any  ])oint,  require  a  written  or 
])rinted  statement  or  argument,  or  oral  argument  by  counsel  upon  it ; 
but  in  such  case  the  other  Party  shall  be  entitled  to  reply  either  orally 
or  in  writing,  as  the  (lase  nnij'  be. 

"AllTICLE  VI. 

"  In  deciding  the  matters  snbmitted  to  the  Arbitrators  they  shall  be 
governed  by  the  following  three  rules,  which  an*  agreed  upon  by  the 
High  Contracting  Parties  as  rules  to  be  taken  as  ai)plicable  to  the  case, 
and  by  such  i)rinciplesof  International  Law,  not  inconsistent  therewith, 
as  the  Arbitrators  shall  determine  to  have  been  applicable  to  the  case : 

RULES. 


"A  neutral  Government  is  bound — 

"  First,  to  use  due  diligence  to  prevent  the  fitting  out,  arming,  or 
e(]uii)piiig,  within  its  jurisdiction,  of  any  vessel  which  it  has  reasonable 
ground  to  lu'lieve  is  intended  to  cruise  or  to  carry  on  war  agains<t 
a  Power  with  which  it  is  at  peace;  and  *also  to  use  like  «liligence  [23] 
to  prevent  the  departure  from  its  jurisdiction  of  any  vessel  in- 
tended to  cruise  or  carry  on  war  as  above,  such  vessel  having  been 
S])eciall5'  adapted,  in  whole  or  in  part,  within  such  jurisdiction,  to  war- 
like use. 

"  Secondly,  not  to  iiormit  or  siitfer  either  belligerent  to  make  use  of 
its  ports  or  waters  as  the  base  of  naval  operations  against  the  other,  or 
for  the  purpose  of  the  renewal  or  augmentation  of  military  supplies  or 
arms,  or  the  recruitn)ent  of  men. 

"•Thirdly,  to  exercise  due  diligence  in  its  own  ports  and  waters,  and, 
as  to  all  persons  within  its  jurisdiction,  to  prevent  any  violation  of  the 
foregoing  oblig.ations  and  duties. 

"  Her  Britannic  Majesty  has  commanded  her  nigh  Commissioners  and 
Plenipotentiaries  to  declare  that  Jler  Majesty's  Government  cannot 
assent  to  the  foregoing  rules  as  a  statement  of  principles  of  Interna- 
tional Law  which  were  in  I'orce  at  the  time  when  the  claims  mentioned 
in  Article  I  arose,  but  that  Her  Majesty's  Government,  in  order  to  evince 
its  desire  of  strengthening  the  friendly  relations  between  the  two  coun- 
tries, and  (  ■  making  satistactorj'  ])rovision  for  the  future,  agrees  that 
in  deciding  the  questions  between  the  two  countries  arising  out  of 
those  claims,  the  Arbitrators  should  assume  that  Her  Majesty's 
*  Government  had  undertaken  to  act  upon  the  principles  set  forth  [24] 
in  these  rules. 

"And  the  High  Contracting  Pai ties  agree  to  observe  these  rules  as 
'vtween  themselves  in  future,  and  to  bring  them  to  the  knowledge  of 
other  maritime  Powers,  and  to  invite  them  to  accede  to  them. 

"Article  VII. 

"  The  decision  of  the  Tribunal  shall,  if  possible,  be  made  within  three 
months  from  the  close  of  the  arguinent  on  both  sides. 

"  It  shall  be  made  in  writing  and  dated,  and  shall  be  signed  by  the 
Arbitrators  who  may  assent  to  it. 


[2G] 


[27] 


INTRODUCTION. 


15 


lie  [22] 
or 

evidence 
-,  if  they 
ritten  or 
upon  it ; 
er  orally 


shall  he 
n  by  the 
the  case, 
1  ere  with, 
the  case : 


rrainjf,  or 
sasonable 
ist 

ice      [23] 
la- 
in g  been 
1,  to  war- 

ke  use  of 
other,  or 
pplies  or 

ers,  and, 
on  of  the 

)ncrs  and 
t  cannot 
Interua- 
lentioned 
to  evince 
wo  coun- 
ees  that 
g-  out  of 
v's 
th 


[24] 


rules  as 
vledge  of 


hin  three 
d  by  the 


"The  said  Tribunal  shall  first  determine  as  to  each  vessel  separately 
wlu'tlier  (Ircat  Ihitain  has,  by  any  a<;t  or  oinissiitn,  failed  to  fuUill  any 
of  the  duties  set  fortli  in  tlie  foregoing  tliree  rules,  or  recognized  by  the 
principles  of  International  Law  not  inconsistent  with  such  rules,  and 
sliall  certity  such  fact  as  to  each  of  the  said  vessels.  In  case  tlu^  Tri- 
bunal find  that  (Ireat  liritain  has  failed  to  fulfill  any  duty  or  duties  as 
aforesaid,  it  may,  if  it  think  proper,  proceed  to  award  a  sum  in  gross  to 
be  paid  by  Great  Britain  to  the  United  States  for  all  the  claims  referred 
to  it;  and  in  such  case  the  gross  sum  so  awarded  shall  be  paid  in 
[2.)]  coin  by  the  (iovernment  of  Great  Britain  to  the  Government  *of 
the  United  States,  at  Washington,  within  twelve  months  alter  the 
date  of  the  award. 

"  The  award  shall  be  in  dnplictate,  one  copy  whereof  shall  be  delivered 
to  the  agent  of  the  United  States  for  his  Government,  and  tho  other 
copy  shall  be  delivered  to  the  agent  of  Great  Britain  for  his  Govern- 
ment. 

"AllTICLE  V^IIl. 

"  Each  Government  sh.all  pay  its  own  agent  and  provide  for  the 
proper  remuneration  of  the  (counsel  employed  by  it  and  of  the  Arbi- 
trator appointed  by  it,  and  for  the  exi)ense  of  preparing  and  submitting 
its  case  to  the  Tribunal.  All  other  expenses  connected  with  the  arbi- 
tration shall  be  defrayed  by  the  two  Governments  in  equal  nn>ieties. 

"Article  IX. 

"The  Arbitrators  shall  keep  an  accurate  record  of  their  proceedings, 
and  may  appoint  and  employ  the  necessary  officers  to  assist  them. 

"Article  X. 

"  In  case  the  Tribunal  finds  that  Great  Britain  has  foiled  to  fulfill 
any  duty  or  duties  as  aforesaid,  and  does  not  award  a  sum  in  gross, 
the  High  Contracting  Parties  agree  that  a  Board  of  Assessors 
[20]  shall  be  api)ointed  to  ascertain  and  determine  what  *('laims  are 
valid,  and  what  amount  or  amounts  shall  be  paid  by  Great  Britain 
to  the  United  States  on  account  of  the  liability  arising  from  such 
failure,  as  to  each  vessel,  according  to  the  extent  of  such  liability  iis 
decided  by  the  Arbitrators. 

"The  Board  of  Assessors  shall  be  constituted  as  follows :  One  member 
thereof  shall  be  named  by  the  President  of  the  United  States,  one 
member  thereof  shall  be  named  by  Her  Britannic  IMajesty,  and  one 
member  thereof  shall  be  named  by  the  Representative  at  Washington 
of  His  Majesty  the  King  of  Italy ;  and  in  case  of  a  vacancy  hai)peniHg 
from  any  cause,  it  shall  be  filled  in  the  same  manner  in  which  the  orig- 
inal appointment  was  made. 

"As  soon  as  possible  .after  such  nominations  the  Board  of  Assessors 
shall  be  organized  in  Washington,  with  i>ower  to  hold  their  sittings 
there,  or  in  New  York,  or  in  Boston.  The  members  thereof  shall  sever- 
ally subscribe  a  solemn  declaration  that  they  will  impartially  and 
careful'y  examine  and  decide,  to  the  best  of  their  judgment  and  accord- 
ing to  justice  and  equity,  all  matters  submitted  to  then),  and  shall 
forthwith  proceed,  under  such  rules  and  regulations  as  they  may  pre- 
scribe, to  the  investigation  of  the  claims  wliich  shall  be  presented  to 
them  by  the  Government  of  the  United  States,  and  shall  examine  and 
decide  upon  them  in  such  order  and  manner  as  they  may  thiidv 
[27]      *proper,  but  upon  such  evidence  or  information  only  as  shall  be 


16 


INTRODUCTION. 


fuiiiislicil  l)y  or  on  hclinlf  of  the  Oovtrninent.s  of  tlio  United  States  and 
of  (ircat  IJiiliiin  irsiuM'tively.  Tliey  Hliall  !»'»  bound  to  liear  on  ea(!li 
separate  claini,  il"  n'(|iiire(l,  one  person  on  belialf  of  each  (lovernnient, 
as  (counsel  or  ajiciit.  A  majority  of  the  Assessors  in  eacli  case  shall  be 
sullicit'nt  for  a  decision. 

"TIk^  decision  of  tiie  Ass(\ssors  shali  bo  given  upon  each  claim  in 
writin;;',  and  shall  lie  sif^iicd  by  them  resi)ectively  and  tlated. 

"Kvcry  claim  shall  be  presented  to  the  Assessors  within  six  months 
from  the  day  of  their  first  meetin;^',  hut  they  may,  for  good  cause  shown, 
♦^xtentl  the  time  for  the  jtrestuitation  of  any  claim  to  ii  further  period 
not  exceeding  three  months. 

"  The  Assessors  shall  report  to  each  Government,  sit  or  before  the 
expiration  of  one  year  from  the  date  of  their  tirst  niceting,  the  amount 
of  <'laims  deci«led  by  them  up  to  the  date  of  such  report;  if  further 
claims  then  remain  undecided,  they  shall  make  a  further  report  at  or 
kefore  the  expiration  of  two  years  I'rom  the  date  of  such  first  meeting ; 
and  in  case  any  claims  remain  nndetennined  at  thai  time,  they  shall 
make  a  final  rei;ort  within  a  further  period  of  six  months. 

"The  rejjort  or  reiH)rts  shall  be  matle  in  dujilicale,  and  one 
copy  thereof  shall  be  delivered  to  the  *Secretaiy  of  State  of  the      |28] 
United  States,  and  one  co])y  thereof  to  the  Ivepresentative  of 
ller  Britannic  JNIaJesty  at  Washington. 

"  All  sums  of  money  which  may  be  awarded  under  this  Article  shall 
be  ])ayable  at  Washington,  in  coin,  within  twelve  months  after  the  de- 
livery of  each  rejiort. 

"  Tin;  Jjoard  of  Assessors  may  employ  such  clerks  us  they  shall  think 
necessary. 

"The  exjienses  of  the  Board  of  Assessors  shall  be  borne  equally  by 
the  two  (lovernments,  and  paid  from  time  to  time,  as  may  Ix*  found 
expedient,  on  the  juoduction  of  accounts  certified  by  tiie  Board.  The 
renumeration  of  the  Assessors  shall  also  be  paid  by  the  two  Goveru- 
meuts  in  equal  moieties  in  ii  sindlar  manner. 


en 
hii 
sp 


V 

Bi 


"Article  XI. 


"The  High  Contracting  Parties  engage  to  consider  the  result  of  the 
proceedings  of  the  Tribunal  of  Aibitration  and  of  the  Board  of  Assess- 
<ns,  should  such  JJoard  be  appointetl,  as  a  full,  perfe(tt,  and  final  settle- 
ment of  all  the  claims  hereinbefore  referred  to ;  ami  further  engage 
that  every  such  claim,  whether  the  same  may  or  may  not  have  been 
presented  to  the  notice  of,  made,  preferred,  or  laid  before  the  Tribunal 
or  Boartl,  shall,  from  and  alter  the  conclusion  of  the  lU'oceedings 
of  the  Tril)niial  *or  Board,  be  considered  and  treated  as  linall}'  [L*9J 
settled,  barred,  and  henceforth  inadmissd)le.'- 

In  accordance  with  the  i)rovisions  of  Article  III  of  the  Treaty,  the 
Unite<l  States  have  the  honor  to  lay  before  the  Tribunal  of 
.".m'i  Arbitration  this  their  "  l*rinted  Case,"  a{;companied  by  the 
documents,  the  ollicial  corresi)ondence,  and  other  evidence 
on  which  tlwy  rely.  They  propose  to  show,  by  a  histoiii-al  statement  of 
the  course  pursued  by  the  British  Government  toward  the  United  States, 
from  tin;  outbreak  of  the  insurrection  in  the  Southern  States  of  the 
United  States,  that  there  was  on  the  i)art  of  the  British  Government  a 
'^studied  nnlriendliness  or  fixed  predisposition  adverse  to  the  Unite<l 
States,  Avhich  furnished  a  constant  motive  for  the  several  acts  of  omis- 
sion and  commission,  hereinafter  complained  of,  as  inconsistent  with 
its  dntv  as  a  neutral. 


What   lliH    fiiil'.i 
Sl:tles  will    1 
to  I'StillillsU. 


INTRODUCTION. 


17 


naviiiR-  nddiiood  tlio  ovidonco  of  this  Ciict,  tlio  TTiiitcd  Statos  will  next 
oiidcuvor  to  indicate  to  tlic  Tribunal  ol"  Aibil ration  what  tlu>y  dciMU  to 
liavo  been  tho  duties  of  Great  Britain  toward  the  United  Slates,  iu  re- 
spect to  the  several  cruisers  wiiieh  will  be  named  in  this  i)ai>ev. 

Tiiey  will  then  endeavor  to  siiow  that  (lieat  IJritain   tailed  to  per- 
t'orni  those  duties,  both  f.';enerally  and  speeillcally,  as  to  each  of  1  he- 
cruisers;  and  tliat  such  failure  involved  (he  liability  to  reiuinierato 
[.')()]      *the  United  States  for  losses  rhus  inllicted  upon  them,  ujion  their 
citizens,  and  upon  others  protected  l>y  their  llaj;". 

Lastly,  they  will  endeavor  to  satisfy  tlu;  Tribunal  of  Arbitration  that 
it  can  lind,  in.  the  testimony  which  will  be  oll'ered  by  the  United  States, 
;nnpl(^  material  for  estimatin;^'  the  amount  of  such  injuries,  and  they 
will  ask  the  Tribunal  toexercisi^  (he  powers  conlerred  ui)on  it  l)y  Arti<;lo 
VII  of  th(^  Treaty,  in  awardin,u' ''a.  sum  in  ^ross,  to  be  \)iud  by  (Ireat 
Ihitain  to  the  United  States,  for  all  the  claims  referred  to." 

In  Apiil,  1S(»!),  the- ['resident  conununicated  to  the  Senate  a  mass  of 
ollicial  corresi)()ndenc(!  and  gther  i)apers  relating  to  those 
claims,  which  was  printed  in  hv(^  volumes.  These,  and  two 
additional  vohunes,  containiuf^'  further  corresi)ondence,  evi- 
dence, and  d(M:iUnents  acjcompany  tJiis  case.  Tlie  whole  will  form  "the 
documents,  the  ollicial  correspondence,  and  the  other  evidenc(U)n  \vhi(;h 
[the  United  States]  relies,"  v,iii(!h  is  called  for  by  Article  III  of  (he 
Treaty,  lleference  will  be  made  throu/^hout  this  paper  to  these  volumes 
thus:  ''Vol.  I,  pa{^e  1,"  &c.,  &c.,  &c.  The  United  States  understan<l, 
however,  that  they  may,  under  tlu;  terms  of  the  Treaty,  i)resent  hens 
after  "additional  docunuMits,  correspondence,  and  evidence,''  and  they 
reserve  the  rij^ht  to  do  so. 
S.  Ex.  31 "2 


iV-rred  t(j 


id  Iiow  ri!* 


[33] 


[;u] 


*PART  II. 


THE  UNFLTENDLY  COTTIJSE  IMIKSrEH  BY  (JKEAT  EIIITAIN 
TOWARD  THE  UNITED  STATICS  IMfOM  THE  OUTEu'EAK 
TO  THE  (JLOSIO  OF  THE  INSUEKECTiON. 


Ill  ISdO  \\\v  IJiiiti'd  Stiitcsliiul  IxHMi  iiii  iiul»'iu'ti(l(Mit  iiiitioii  for  ii  period 


of  C'ij^ht.\-I()ur  yciirs,  iiiiil  iickiiowhMlm'd  as  siu;li  by  (Jrcat 
Eritiiiii  lor  ii  period  ol'  scvcufy-s'-vcn  yciirs. 
Diiriiif^  this  period,  wldle  sljiiriii.i;'  to  ii  veniarlinbh^  extent 


n.ti'il    SI  lie*    Willi 


in  the  ji^cneral  prosperity  of  Ihe  (Mirislian  Powers,  they  had  so  condneted 
tlieirrelationstoward  those  lN)\vers  as  to  ineiit,an(Hliey  lielicNcd  that  tliey 
liad  seenred,  tiie  inood-wiil  and  esteem  of  all.  Their  prosiK'iity  was  the 
result  of  honest  thrii't ;  their  exi'cplion;;!  ineivase  of  popniiitiou  was  the 
frnit  of  a  voluntary  innni^ration  to  their  shojcs  ;  and  the  vast  exten- 
sion of  their  domain  was  acquired  by  purchase  and  not  by  eoiniuest. 

Eron»  no  jx'ople  had  they  better  riii'ht  to  expect  a  just  Jud;;iaeiit  ilnin 
from  the  |»eople  of  (ireat  iJritain.  Jn  IT.S.'i,  the  War  of  Separation  had 
be«!U  closed  by  a  treaty  of  jx'ace,  which  adjustetl  all  tlu'  questions  then 
pending;'  between  the  two  (lovernments.  In  IT'.H,  new  ([uesiona 
[o2\  liavinj;'  arisen,  *,ur()win,;j;'  out  (,f  the  efforts  of  l''raiice  >  make  the 
])orts  of  the  United  States  a  baMO  of  hostile  <»peratioi.'S  a^ninst 
(Jroat  Ihitain,  a  new  treaty  was  made,  at  the  instiince  ol'  the  Unite<l 
States,  by  which  all  the  diiliculties  were  arran;;e(i  satisfa.ctorily  to  (Jreat 
Britain,  and  at  the  >amo  time  so  as  to  preserve  tl'.o  neutrality  and  the 
honor  of  the  United  States.  In  the  sanu'  year,  also,  the  first  neutrality 
act  was  i»assed  by  Conj»ress,'  presiuibinj;'  rules  and  establi;-hiny  the 
modes  ol  inoc'cediny  to  enable  the  United  States  to  perform  their  *liities 
as  a  neutral  toward  (Jreat  Britain  and  other  belli<4'erents.  In  LSIU,  they 
were  forced  into  war  with  Great  Britain,  by  the  claim  of  that  i'ower  to 
impress  seamen  on  the  high  seas  from  vessels  of  the  United  States. 
After  three  years  the  war  ceased,  and  the  claim  lias  never  since  been 
practically  enforced.  In  1818,  they  met  British  negotiators  moio  than 
half-way  in  arranging  disi)uted  points  about  the  North  American  Fish- 
eries. In  1827,  having  added  to  their  own  right  of  discovery  tlui  French 
and  Spanish  titles  to  tlie  Pacific  coast,  they  voluntarily  agreed  to  a  joint 
occupation  of  a  disputed  portion  t)f  this  territory,  rather  than  resort  to 
the  last  arbitrament  of  nations.  In  1838,  when  a  serious  rebellion  pre- 
vailed in  Canada,  the  Congress  of  the  United  States,  at  the  reipiest 
[33]  of  Great  Britain,  ^^passeo  an  act  authorizing  the  Government  to 
exercise  exceptional  powei;'  to  maintain  the  national  neutrality. 
In  1842  the  Government  of  the  United  States  met  a  British  Envoy  in  a 
spirit  of  conciliation,  and  adjusted  by  agreement  the  disjnited  boundary 
between  Mjjine  and  the  British  Possessions.  In  18-10  they  accepted  the 
proposal  of  Great  Britain,  made  at  their  own  suggestion,  to  adopt  the 
forty-ninth  parallel  as  a  compromise  l''ie  between  the  two  Columbias, 
and  to  give  to  Great  Britain  the  whole  i  Vancouver's  Island.  In  1850 
they  waived,  by  the  Clayton-Buhver  IV  .ty,  the  right  of  accpiisition  on 
the  Isthmus,  across  which  for  many  years  the  line  of  communication 


'  For  au  abstract  of  this  act  see  Vol.  IV,  pp.  102, 103. 


20 


UNFRIENDLINESS   OF   GREAT   BRITAIN. 


from  one  part  of  their  dominions  to  the  otiier  must  run.  In  1S54  they 
coiiferretl  upon  tiio  people  of  the  IJritisli  Possessions  in  North  Ameriea 
tlu».  ii(lvaiitai;('s  of  a  free,  <'m11  commercial  intercourse  with  the  United 
States  for  tiieir  jiroducts,  without  securing  corresi)()nding  benefits  in  re- 
turn. Tluis  a  series  of  diCiicult  questions,  some  of  which  migiit  have 
led  to  war,  had  been  peaceably'  :;rranged  by  negotiations,  and  the  in- 
creasing intercourse  of  thc^  two  nations  was  constantly  fostered  by  con- 
tinuing acts  of  friendliness  on  the  part  of  the  Government  of  the  United 
States. 
All  the  i)olitical  relations  of  the  United  States  with  England,  with  the 
i-ri,.m!i.v  r.-iiti>.nH  cxccptiou  of  thc  cijisodc  of  the  war  of  bSlti,  had  been  those 

ol   till!  two    piivirri-  .  .  .  .    '  i    i-    •  i     i    •  /•  11 

nicmsin  ihui.  <>t  increasnig  amity  and  Iriemlship,  conurnu'd  by  a  re- 
peated *\ielding  of  extreme  rights,  rather  tlian  im])eril  the  cordial  [3-t] 
relations  wiiich  theUnite*!  States  so  much  desired  to  maintain  with 
their  nearest  neighbors,  their  best  custctmers,  and  their  blood  relations. 
Tliey  lia<l  good  right,  therefore,  to  believe,  aiul  they  did  believe,  that, 
by  virtue  t)f  this  I'rieudly  ]iolitical  understanding,  and  in  consequence 
of  the  gradual  and  steady  assimilation  of  the  connnercial  interests  and 
the  tiuancial  policies  of  the  two  CrovernnuMits,  there  was  in  Great  Ibitain, 
in  the  suiuiiier  of  18()(),  sympathy  ibr  the  CJovernment  and  affection  for 
the  i)eoplc  of  the  United  States.  They  had  equal  reason  to  think  that 
neither  the  Uritish  Government  nor  people  would  look  with  either  igno- 
ran(!e  or  uiicauceru  upon  any  disaster  to  theu>.  Above  all,  they  had  at 
that  tinu^  a  right  to  feel  confident  that,  in  any  controversy  which  might 
grow  out  of  the  unhappy  existence  of  African  slavery  in  certain  of  the 
Southern  States,  the  JJritish  Government  would  not  exercise  its  sover- 
eign i)owers,  questioiuibly  or  luiquestionably,  in  favor  of  the  supporters 
of  slavery. 

On  the  (»th  day  of  November,  in  that  year,  the  jurisdiction  of  the  Gov- 
Ti„.  Lnit.astiitM  ernment  of  the  United  States  extended  unquestioned  over 
'""^''-  eighteen  States  IVom  v.liich  ^Vl'ricau  slavery  was  ex- 

cluded;' over  *iifteen  States  in  which  it  was  established  by  law  ;^      [oa] 
and  over  a  vast  territory  in  which,  under  the  then  prevailing  laws, 
persons  with  African  blooil  in  their  vcmus  coidd  l)e  held  as  slaves. 

This  large  unsettled  or  partially  settie<l  territory,  as  it  might  become 
]HM)[>Ied,  was  also  lial)le  to  be  divided  into  new  States,  which,  as  they 
entered  the  Union,  might,  as  the  law  then  stood,  become  "  Slave  States," 
thus  giving  the  advocates  of  slavery  an  increased,  strength  in  the  Con- 
gress of  the  nation,  and  more  especially  in  the  Senate,  and  a  more  ab- 
solute control  of  the  Natiomd  Government. 

Since  the  date  named  three  new  States,  entitled  to  a  representation 
of  six  Senators  in  the  National  Senate,  have  been  admitted  into  the 
Union  from  this  territory;^  and  the  remainder  of  the  great  dominions 
of  the  United  States  is  now  divided  into  ten  incipient  political  organi- 
zations, known  as  Territories,  which,  with  one  exception,  may  at  some 
future  time  become  States.* 


'  Maine,  Now  Hainpsliiie,  Vcrnioiit,  Massiu-liusetts,  Rhodo  Islaud,  Connet'ticiit,  New 
York,  Ni'W  .Jcisi'v,  I'oiiiisvlvauia,  01iit»,  Lidi.'ina,  lUiuois,  ilichigaii,  Iowa,  Wisconsin, 
Calil'ornia,  JMiiniesotn,  Ort';;(»n". 

-  Uclawaic,  Maryland,  Vii'};inia,  North  Carolina,  Sonth  Carolina,  G(>orgin^  Kentucky, 
Tenncswc-e,  Louisiana,  Mississippi,  Alabama,  Mis.sotni,  Arkansas,  Florida,  Texas. 

•'Nevada,  Nebraska,  Ivansas.  West  Virf^inia  vas  Ibrnied  IVoiu  a  portion  of  tho  terri- 
tory of  X'iryinia,  and  for  tliis  reason  does  not  conio  within  tho  meaning  of  tho  text, 
thonj!,h  it  beeanie  a  State  after  the  dati!  mentioned. 

••New  Mexico,  Utah,  Washinjjtton,  Dakota,  Colorado,  Arizona,  Idaho,  Montana,  Wy- 
oming, District  of  Columbia.  The  territory  known  .ns  the  Indian  Territory  is  without 
political  oi^anization,  havirig  neither  Governor  nor  Delegate  in  Congress.  It  cannot 
bo  cuusideied  us  comiug  witbiu  the  nicuuing  of  the  text. 


f3G 

du( 

stit 

hai 

ma 

Sti 

a  T 

to 

tor; 

orj 


UNFRIENDLINESS   OF   GREAT   BRITAIN. 


21 


[-"'] 


[3G]         *Tl.ie  i^enoral  election  for  Pivsidont  of  tlio  United  Stiites,  -wliicli 

took  pliice  on  tbe  Gth  of  November,  ISijO,  wjis  con-     ,; ,i„„  „f  j,r. 

ducted  ill  strict  conformity  with  tlie  prov'sions  ol"  tlu^  Con-  '•'"'"'• 
stitutioii  and  liiw.s  of  the  country,  and  resulted  iu  tlie  choicu'  of  Abra- 
ham Lincoln.  The  party  \vhi(!h  ele(!ted  him  \vai«'  pledged  in  advance  to 
maintain  "that  tlie  normal  condition  of  all  the  tenirory  of  the  United 
States  is  that  of  freedom,"  and  to  "deny  tiie  authority  of  (Jonjjress,  of 
a  Territorial  Lej>islature,  or  of  any  individuals,  to  siv(^  legal  existence 
to  slavery  in  any  Territory  of  the  United  States."'  The  word  '»T(a'ri- 
tory  "  is  liere  used  in  the  above-mentioned  sense  of  an  iucipieiit  political 
organization,  which  may  at  some  future  time  become  a  State.' 

This  decision  of  the  peojde  of  the  United  States  was  resisted  by  some 
of  the  inhabitants  of  the  States  where  slavery  ])revaile(l.    s,.,,,=.i„„ „t  south 
The  peoi)le  of  South  Carolina,  with  an  undoubtcfl  unanimity,  f^'^"'""- 
commenced  the  hostile  movement.     In  the  Ibllowing  month  they  pro- 
claimed, through  a  State  Convention,  their  purpose  to  secede  iVom  the 
Union,  because  the  party  about  to  come  into  pou-er  had  "announced 
that  the  South  shall  be  excluded  from  the  (,'oiiimon  terri- 
tory."-    The  State  of  Alabama,  on  th(>  lltli  of  .lanu- 
[37]      ary,  with  *much  lessni.animity,  ((he  vote  in  the  Convention  being 
01  ayes  to  31)  nays,'')  loUowed  the  exaiii;)le  of  S;)ntli  Carolina, 
giving  as  tlieir  reason  that  the  election  of  3Ir.  Lincoln  "by  a  s(>ctional 
party,  avowedly  hostile  to  the  domestic  institutions  [/.  c,  slavery]  of 
Alabama,"  was  "apolitical  wrong  of  an  insulting  and  menacing  char- 
acter."' 

The  State  of  Georgia  followed  after  a  much  greater  struggle,  in  which 
the  party  in  favor  of  remaining  in  the  Union  resisted  to  tlu^  .^  onrm  ..nj 
last,  the  linal  vote  being  L*()S  ayes  to  8!)  nays."'  Floi-ida,  "'""=;--'••'• 
Mississippi,  Louisiana,  and  Texas  each  i'ramed  an  t)rdinr  ,ce  of  secession 
from  the  L'nion  before  the  -1th  of  February,  in  each  case  with  more  or 
less  unanimity. 

On  the  hh  of  February,  1801,  representatives  from  some  of  the  States 
which  had  attempted  to  go  through  the  form  of  secession,  oppn.iiio,,  i..  th. 
and  representatives  from  the  State  of  Korth  (Carolina,  which  ]:i'i:i^^y  u,"'cl.'i"S 
had  not  at  that  time  atteni])ted  it,  met  at  Montgomery,'''  in  <"' "■•'^^'^^■"°"- 
the  State  of  Alabama,  tbr  tlie  purpose  of  organizing  a  i)rovisional  gov- 
ernment, and  having  (lone  so,  elected  i\Ir.  Jefferson  Davis  as  the  Provis- 
ional President,  and  Mr.  Alexander  11.  Stephens  as  the  Provisional 
[o8]  Vice-President  of  the  iiroposed  *Con federation.  In  accei)ting  this 
otlice,  on  the  18th  of  February,  Mv.  Jeflerson  Davis  said:  ""We 
have  vainly  endeavored  to  secure;  traiupiillity  and  obtain  respect  for  the 
rights  to  which  we  wei'e  entitled,"  [/.  c,  the  right  to  extend  the  domains  of 
slavery.]  "As  a  necessity,  and  not  a  choice,  we  have  resorted  to  the 
remedy  of  separation."  *  *  '» Qnr  industrial  ])ursuits  have  received  no 
check;  the  cultivation  oi'  our  Ileitis  progresses  as  heretolbre;  and  even 
should  we  be  involved  in  war.  there  would  be  no  considerable  diminution 
in  the  production  of  the  stajiles  which  have  constituted  our  exjiorts,  in 
W'hich  the  commercial  world  has  an  interest  scarcely  less  than  our  own. 
This  common  interestof  producer  and  consumer  can  only  be  intercepted 


*  Grocloy's  Ainoricaii  CouUii't,  \'ol.  I,  i)ii<;(!  \i'2i). 

'^  McPheisou's  History  of  llui  Kolu'llii)!!,  pa^e  lO. 

^  Mcl'liersou'tS  History  of  tho  liiibollioii,  jia^i;  4. 

••  Appli'ton's  Aiimial  Cycl(»i)a'(lia,  iSiil,  \n\[Xi)  10. 

^Mfriiersoii's  History  of  tlu'  Kobcllion,  iia.ijt!  !3. 

*>  Applotoii's  Aunual  Cyelopa'dia,  Ictil,  Vol.  1,  pago  126. 

^  Applctou's  Annual  Cyclopujdia,  18(51,  page  G13. 


w 


22 


UNFRIENDLINESS   OP    GREAT    BRITAIN. 


bj^  an  oxtcrior  foico,  wbicli  should  obstruct  its  trausmission  to  foreign 
markets — a  course  oi"  eoncbiet  wliicli  would  be  detriuiental  to  the  luanu- 
facturiujj:  and  coniiiier<;ial  interests  abroad." 

JMr.  Stepliens  s])!)ke  with  still  nioie  exi)licitness.  lie  said '  the 
"foundations  [of  tlie  new  {government |  are  laid.  Its  corner-stone  rests 
ujmn  the  j^reat  truth  that  the  nep-o  is  not  e(|ual  to  the  white  nnni ;  that 
slavery — siibcjrdinatiou  to  the  su[)erior  race — is  his  natural  and  moral 
condition." 

*lJaviji.nthnsrornndl.y  declared  that  the  contemplated  limitation  [.')0] 
of  the  territory  within  which  nei^ro  slavery  should  be  tolerated  was 
tlie  sole  cause  of  the  projected  se|)aration,  and  havin.i;'  api>ealed  to  the 
world  to  support  them,  the  secedin.ij  ytat<'S  made  ellbrts,  which  i)roved 
vain,  to  induce  the  other  slave  Htates  to  Join  them.  No  other  States 
passed  ordinances  of  seccessiou  luitil  after  tlie  fall  of  J''ort  Sr.mter.  On 
the  contrary,  the  peojile  of  the  States  oL' Tennessee- and  JMissoiiri'^  before 
that  time  voted  by  lar;;e  majoriiies  aj;aiust  secession  ;  and  in  the  Slates 
of  North  Carolina  and  Vir;4inia  (;o;iveiitions  were  called  and  were  in 
session  when  some  of  the  events  hereinafter  referred  to  took  jilace;  and 
these  bodies  woe  known  to  beopjxised  to  the  rtn'olutionary  movements 
in  South  Carolina  and  the  six  States  bordering;-  on  thedultof  .Mexico. 

A  larger  minority,  it  not  a  majority,  of  the  peoiile  of  the  slave  States 
known  as  IJorderStates,  andof  the  mountainous  parts  of  the 


South  ''''i!p..M"d  u,  six  States  known  as  the  (lull"  States,  did  not  desire  se[)aration 


sutC'M;:UiIl. 


They  were  attached  to  the  Union,  which  had  fostered  and 
protected  their  interests,  and  they  expu'ssed  no  dissatisfaction,  except 
with  ihe  i>r()pose<l  policy  as  to  the  extension  of  slavery,  and 
*in  many  cases  not  even  with  that.  Their  feelinjjs  v.cre  forcibly  [4()J 
expressed  by  the  distiiifiuished  xVlexander  II.  Siephens,  I'lovisional 
Vice-President  ot  the  Montgomery  Government,  in  a  speech  made  in  the 
Convenlion  inCeor};ia  before  that  State  passed  the  ordinance  of  seces- 
sion, and  about  two  months  before  he  accepted  oflice  at  Montu'omery. 
He  said,'  "This  step  [(>fseeessionJ  once  taken  can  never  be reca'  .'<1;  and 
all  the  baleful  and  withering  conse(iuences  that  must  ibllow  will  rest  on 
the  Convention  for  all  coming  time.  "When  we  and  our  jiosterity  shall 
see  our  lovely  South  desolated  by  the  di  tiion  of  vrar,  which  this  act  of 
yours  v.ill  inevitably  invite  e.nd  (;all  forth;  when  our  green  lields  of 
wiiving  harvest  shall  be  trodden  down  by  the  ninideroe.s  soldiery  and 
fiery  ear  of  v>ar  sweeping  <)ver  our  land  ;  our  iemi)les  of  Jnsti<!e  laid  in 
ashes;  all  the  luurors  and  desolations  of  war  tipon  us,  who  but  this 
Convention  will  be  held  responsil)le  for  it,  and  who  but  him  who  shall 
have  gi\('n  his  vote  Ibv  this  unwise  and  ill  tinu  d  measure,  as  1  honestly 
think  and  beliexc,  sliall  be  held  to  strict  account  for  this  suicidal  act  by 
the  present  generation,  and  probably  cursed  and  execrated  by  posterity 
for  all  CDiniug  time,  for  the  wide  ami  de.-.olatingruin  that  will  in- 
evitably ibllow  this  act  you  now  propose  toper]>e*traie  '  l?aus,e,  [11  j 
1  entreat  you,  and  consuler  lov  a.  moment  what  reasons  yori  can 
give  that,  vrill  <'ven  satisfy  yoi  i';;elves  in  calmer  moments;  what  reasons 
you  can  give  to  your  fellow- snlferers  in  the  calamity  that  it  will  bring 
upon  us.  What  reasons  can  you  give  to  the  nations  of  the  earth  to 
justily  it  ?  They  will  be  the  calm  and  deliberate  judges  in  the  case,  and 
what  cause  or  overt  act  can  you  name  or  point  to,  on  which  to  rest  tho 
plea  of  justilication  ?    What  right   has  the  North   assailed?    "What 

'  Ai)i)li'ti)ii'«  Aiimiiil  Cyi'lopiL'iliii,  18ul,  iKijjt;  I'JD. 
-  Mirij(.'rsi>ii'H  lliHlctiy  of  the  Ki'lx'llioii,  pago  r>. 
3  Applotoii's  Annual  CycloiiiiMlia,  IHiil,  pa^o  478. 
*  I^lePhorsou'a  History  of  the  Rebelliou,  page  25. 


o  foreign 
lie  inanu- 

;in(l '  the 
DiiCi  rests 
laii ;  tlijit 
lid  moral 

)n  [:}9] 
as 

I'd  to  tlio 
li  i)ro\('d 
T  States 
tcr.  On 
ii^  before 
le  States 
.  were  in 
ace ;  and 
►veiiieiits 
.Mexico, 
e  States 
Its  of  tlio 
)aration. 
ercd  and 
1,  excei)t 
id 

ly  [40J 
al 

le  in  tlie 

of  seces- 

:()niery. 

d ;  and 

rest  on 

sliall 

act  of 

elds  of 

ry  and 

laid  in 

)nt  this 

()  shall 

lonestly 

act  by 

)sterity 

[•llj 

easons 
11  bring 
artli  to 
se,  and 
est  the 
What 


UNFRIENDLINESS   OF    GREAT    BRITAIN. 


23 


•i.y 

is 


interest  of  the  South  has  been  invaded  i  What  justice  has  been  denied  ? 
And  what  claim  founded  injustice  and  right  has  been  withheld  ?  Can 
cither  of  you  today  name  one  governmental  act  of  wri)ng,  deliberately 
and  purposely  done  by  the  Governmeui  of  Washington,  of  which  the 
South  has  a  right  to  complain  ?    I  challenge  the  answer." 

All  the  iacts  above  referred  to  in  this  paper  were  patent  to  the  whole 
world,  were  ostentatiously  i»ut  forth  by  tlie  insurgents,  and  were  opeidy 
coiiuiunited  upon  by  the  i>ublic  pi'ess  throughout  the  United  States.  It 
is,  therefore,  not  unreasonable  to  ])resuyie  tliat  the  Uritish  Government 
received  from  its  representatives  and  agents  in  the  United  States  full 
infornuition  concerning  them  as  they  took  place.  To  suppose  the 
[42 1  *  contrary  would  be  to  ignore  the  v.ell-known  fidelity  of  those 
oflicers. 

Mr.  Lincoln  entered  upon  the  duties  of  his  oHice  ou  the  4tli  of  March, 
1801.  He  found  the  little  Army  of  the  United  States  scat-  in:,„„ur,tiun  of 
tered  and  disintegrated;  the  Zs'avy  sent  to  distant  (puirters  ^J'^- 1"'"'" 
of  the  globe;  the  Treasury  bankrupt;  the  credit  of  the  United  States 
seriously  injiued  b\  forced  sales  of  (Jovernment  securities;  the  jiublic 
service  demoralized;  the  various  ])e[)artments  of  the  Goveinnjcnt  filled 
with  unfaithful  clerks  and  otlicers,  whose  sympathies  were  with  the 
South,  who  had  been  placed  in  their  j)Ositions  for  the  pur[)ose  of  par- 
alyzing his  administration.  These  tacts,  which  were  known  to  the 
world,  nnist  have  attracted  the  attention  of  the  obs(>rvant  Itepresenta- 
tive  of  Great  IJritain  at  Washington,  and  must  have  enabled  him  to 
make  clear  to  his  Government  the  reasons  why  the  C'abinet  at  Washing- 
ton must  ]>ause  before  asserting  its  rights  by  force. 

The  new  Government  took  an  early  opportunity  to  inform  the  British 
Government  of  its  i)urposes.^     On  the  Oth  of  IMarch,  four 
days  after  the  installment  of  Mr.  Lincoln,  Mr.  Dallas,  the  .n.n','.ntmi''rr,nenf 

Ministerofthe  United  States  at  London,  was  instructed  '""'"""""'■ 
[4oJ  to  connnunicate  to  Lord  Ifussell  the  Inaugural  Ad*dress  of  the 
President,  and  to  assure  him  that  the  President  entertained  full 
confidence  in  the  sjteedy  restoration  of  the  harmony  and  unity  of  the 
GovernnuMit.  He  was  further  told  that  "  the  United  States  have  had 
too  many  assurances  and  manifestations  of  the  friendship  and  good  will 
of  Great  Britain,  to  entertain  any  doubt  that  these  consi<lerations  v.iil 
have  their  Just  inlluence  with  the  Britisli  (iovernment.  and  will  prevent 
that  Goveiiunent  from  yielding  te  solicitations  to  intervene  in  any 
unfriendly  way  in  the  domestic  concerns  <if  our  country."' 

^  j\lr.  Dallas,  in  complying  with  liiis  instructions,  (April  1),  ISGl.)  pressed 
upon  Lord  lluv.sel  the  importance  of  Ihiglaud  and  France  abstaining, 
"at  least  for  a  considerable  tiuu',  lioni  doing  what,  bj' encouraging 
groundless  hojjes,  would  widen  a  breach  still  thought  capa-  i,„,i.inhHKuf9c;i 
kle  oi'  being  closed."  Lord  llussell  replied  that  the  coming  !;[;:'-w,;,,^  „?,";,;'; 
of  Mr.  Adams  {Mv.  Dallas's  successor)'  ''  would  tloubtless  be  ''"^''■f" --I'-e. 
reganled  as  the  appiopriate  and  natural  occasion  tor  linalh  discussing 
and  determining  the  question." 

The  United  States  therefore  had  reasonable  ground  to  believe,  not 
only  in  view  of  the  great  moral  interests  of  which  they  were  the 
[44]  exponents,  and  of  the  long-standing  friendshi[)  between  them*and 
Great  Britain,  but  also  in  conse(iuence  of  the  voluntary  jjromise 
of  Lord  Kussell,  that  an  opportunity  would  be  alforded  them  to  explain 
their  views  and  puri)oses  through  their  newly  selected  aiul  specially 
trusted  representative;  and  least  of  all  had  they  cause  to  anticipate 

'  Sewiud  to  Dallas,  Vol.  I,  page  8. 
3  Dallas  to  Soward,  Vol.  I,  page  12. 


24 


UK  FRIENDLINESS    OF   GREAT   BRITAIN. 


that  a  Government  Avliich  they  sujiposed  to  be  in  sympathy  with  their 
policy  as  to  African  slavery,  would  prccii)itate  a  decision  as  'o  the  in- 
surgents, which  was  so  obviously  injurious  to  the  United  States,  as  to 
almost  ai)i)ear  to  have  been  designedly  so. 
The  rlelay  upon  wlii<'h  the  Goveriunent  of  the  United  States  relied  to 
,.„,i  lirmly  secure  the  loyalty  of  the  Border  States,  and  their  aid 


.Siuremii 
Sfiintur. 


in  inducinj>-  the  i)eaceable  return  of  the  Gulf  States,  was  in- 
terru])ted  by  the  attack  upon  Fort  Sumter,  made  by  order  of  the  Gov- 
ernment at  ]\I()nt;;<)mery.  This  attack  eiuled  in  the  surrender  of  the 
garrison  on  the  I.Uh  of  April.  This  was  followed  on  the  IHth  of  April 
by  a  '  Proclaniati  *n  of  the  I'lesident,  callins'  out  the  militia  and  con- 
vening an  extra  session  of  Gongress  on  the  4th  day  of  the  next  July. 

On  the  17th  of  April,  ]\Ir.  '^Jetlerson  Davis  gave  notice  that  letters  of 
marque  would  be  granted  by  the  persons  who  had  at- 
is«n./"h'uc™"  <Vi  tem]>ted  to  establish  a  *Govorument  at  Montgomery,      [4o| 
by  usurping  tlu^  authority  of  the  United  States. 

On  the  19(h  of  April  President  Lincoln  issued  a  Proclamation  de- 
r..Ki.mnioM  fiv.  claiing  that  a  blockade  of  the  ports  witiiiu  the  States  of 
iX."""" "'  ''''"*•"  Soutli  Carolina, Georgia,  Alabama,  Florida,  Mississippi,  Lou- 
ohi.Ti.  nf  iimt  i'^iana,  and  Texas  wouhl  ho  established  for  the  i)uri)ose  of 
i.n,ch.Mnti«n.  collecting  the  revenue  in  the  disturbed  i)art  of  the  country, 
and  for  the  protection  of  the  public  ])eace,  and  of  the  lives  and  proper- 
ties of  quiet  and  orderly  citizens,  until  Congress  should  assemble.  That 
body  vas  sununoued  to  assemble  on  the  fourth  day  of  the  following 
July. 

The  full  text  of  this  Proclamation  will  be  found  in  A'ol.  I,  page  21. 

In  the  course  of  the  discussion  between  the  two  Governments  grow- 
ing out  of  the  war,  it  has  been  repeatedly  asserted  that  Her  Majesty's 
Government  was  induced  to  confer  ujmn  the  insurgents  in  the  South  the 
status  of  belligerents,  in  consequeiu'e  oi'  the  receipt  of  the  news  of  the 
President's  Proclamation  of  Ai)ril  li).  The  United  ^States  are  therefore 
forced  to  invite  the  patience  of  the  Board  of  Arbitrators,  while  they 
establish,  from  conclusive  proof,  that  Her  Majesty's  Government  is  mis- 
taken in  that  resi)ect. 

Before  any  anued  collision  had  taken  ])lace,  there  existed  an 

understanding  between  Her  Majesty's  *Governnient  [40] 
Kian!.. 'imiu','rby  aud  tlic  Govemnu'iit  of  the  Emperor  of  the  French, 
<.,LMt  b.ami.  ^^..^j^  ^^  viow  to  se(airing  a  simultaneous  and  identical  course 
of  action  of  the  two  (iovernmentson  American  questions.  It  is  within 
the  power  of  the  British  Government  to  inlorni  the  Arbitrators  when 
that  understanding  was  reached.  The  lact  that  it  had  been  agreed  to 
bv  the  two  Cjovernments  was  comnumicated  to  Mr.  Dallas,  bv  Lord  John 
liussell,  on  the  1st  day  of  May,  1801.-' 

There  was  nothing  in  the  i)revious  relations  between  Great  Britain 
and  the  United  States  which  made  it  m'cessary  ior  Her  Majesty's  Gov- 
ernment to  seek  the  advice  or  to  invite  the  supjiort  of  the  Emperor  of 
the  French  in  the  crisis  Avhich  was  threatened.  The  United  States  are 
at  a  loss  to  conjecture  what  inducenuMit  could  have  ])rompted  such  an 
act,  unless  it  may  have  been  the  percei)tion  on  thepartof  Her  Mnjesty's 
Government  that  it  was  in  its  nature  not  only  unfriendly,  but  almost 
hostile  to  the  United  States. 

AVhen  the  news  of  the  bloodless  attack  upon  Fort  Sumter  became 
known  in  Euro^)e,  Her  Majesty's  Government  apparently  assumed  that 

1  Vol.  I,  pajjc  IG. 

*  Aiiiilotoii'H  Annual  CyolopuHlia,  1801,  page  137. 

3 Mr.  Dallas  to  Mr.  Seward,  May  2,  IbGl.    Vol.  I,  p.  33, 34. 


UNFRIENDLINESS    OF   GREAT   BRITAIN. 


25 


ith  tlieir 
)  the  in- 

tes,  H8  to 

relied  to 
tlieir  aid 
!,  Avas  iii- 
the  Gov- 
n-  oi'  the, 
of  April 
and  con- 
t  July, 
letters  of 
it- 

ition  de- 
viates of 
l)pi,  I^ou- 
ri)()se  of 
country, 
I  proper- 
)]e.  That 
oUowing 

ge21. 
ts  jj^row- 
Vlajesty's 
louth  the 
s  of  the 
herefore 
ile  they 
it  is  mis- 


[40] 


m 
It 

'5 

il  course 
within 
s  when 
reed  to 

rd  John 

Britain 
t's  Gov- 
)eror  of 
ites  are 
inch  an 
ajesty's 
almost 

became 
led  that 


the  time  had  come  for  the  joint  action  which  had  been  ])revi()usly  agreed 
upon  ;  and,  without  waiting  to  learn  the  purposes  of  the  United 
[47J      States,  it  *announced  its  intention  to  take  tlic   lirst  step  by  re- 
cogni;:ing  the  insurgents  as  belligerents. 

The  Picsidcnt's  Pnurlamation,  whicli  has  since  been  made  the  osten- 
sible reason  ibr  this  determination,  was  issued  on  the  J'.Hh  ^vh..„  ti,,.-  Pr<-», 
of  iVpril,  and  was  made  i>nblic  in  the  Washington  news-  ;',:;;"  ^'''1™''''"" 
pajjcrsof  the  morning  of  the  L'Oth.  An  imperfect  copy  ol'  it  '•"^^"•^"''"'• 
was  also  tclegraplx'd  to  ^^cw  York,  and  from  thence  to  JJoston,  in  each 
of  which  cities  it  apncared  in  the  newspapers  of  the  morning  of  the 
20th. 

The  New  York  iiapers  of  the  2()th  gave  the  substance  of  the  Procla- 
mation, witliout  the  oflicial  commencement  and  close,  and  with  several 
errors  of  more  or  less  im])ortance. 

Tlie  Poston  papers  of  the  same  date,  in  addition  to  the  errors  in  the 
New  Yorlc  <'opy,  omitted  the  very  important  statement  in  n-gard  to  the 
collection  of  the  revenue,  whicli  appears  in  the  Proclainalion  as  the 
main  cause  of  its  issue. 

During  the  mor.Miig  of  the  10th  of  April,  a  riot  took  ])lace  in  Balti- 
more, wliich  ciMli'd  in  severing  direct  communication,  by  liiil  or  tele- 
graph, between  Washington  and  New  York.  Telegraphic  communica- 
tion was  not  restored  until  tlie.'SOth  of  the  month.  The  regular  [)assage 
of  the  mails  and  trains  was  resumed  about  the  same  time.  It 
[48]  aj)pcars  by  a  dispatch  from  Lord  Lyons  to  Lord  *Jolui  Pussell 
that  the  mails  had  not  been  resumed  on  the  27th.' 

It  is  absolutely  certain  that  no  full  copy  of  the  text  of  the  Proclama- 
tion could  have  left  Washington  by  the  mails  of  the  IDth.  and  equally 
certain  that  no  copy  could  have  reached  New  Y'ork  from  Washington 
alter  the  li)tli  for  several  days. 

On  the  20th  the  steamer  Canadian  sailed  from  Portland,  taking  the 
]jt)ston  papers  of  that  day,  with  the  imiierfect  cojiy  of  the  Proclamation, 
in  which  the  clause  in  regard  to  the  collection  of  the  revenue  was  suj)- 
jiressed.  This  steamer  arrived  at  Londonderry  on  the  Lst  of  ^lay,  .and 
the  "  Daily  News"  of  London,  of  the  2d  of  May,  published  the  follow- 
ing telegraphic  items  of  news:  "President  Lincoln  has  issued  a  Proj- 
lamation,  declaring  a  blockade  of  all  the  ports  in  the  seceded  States. 
The  l<\'deral  Government  will  condemn  as  pirates  all  privateer-vessels 
which  may  be  seized  by  Federal  ships."'  The  Canadian  arrived  at  Liv- 
erpool on  the  2d  of  May,  and  the  "Daily  News,"  of  tlu^  od,  and  the 
"Times,"  of  the  4tli  of  May,  jiublished  the  imiierfect  Boston  copy  of 
the  Proclamation  in  the  language  as  shown  in  the  note  below.^ 
[4!)]  No  other  than  the  Boston  coi)y  of  the  *I*roclamation  appears  to 
have  been  i)ublished  in  the  London  newspapers.  It  is  not  likely 
that  a  copy  was  received  in  London  before  the  lOtli,  by  the  Fulton  from 
New  York. 


'  Blue  Book,  North  Ainorica,  No.  1,  lHG"i,  pngo  2lx 

-Tlie  following  is  the  I'lrsidont's  Piochiuuitiou  of  the  hlookadc  of  tho  Southcru 
ports : 

'•An  insnrroction  iifjtainst  Ibo  Government  of  tlie  United  States  lias  broken  out  in 
the  States  of  Soulli  Carolina,  Georf^ia,  Alabama,  Floiida,  Mississippi,  Lonisiana,  and 
Texas,  and  the  laws  of  the  United  States  cannot  be  executed  eli'ectKally  tliercin  con- 
formably to  that  provision  of  tho  Constitution  which  requires  duties  to  bo  uuifonn 
throughout  tlu'  United  States ;  and  fnrthcr,  a  combination  of  persons,  engaged  in  suoli 
iuaurrection,  have  threatened  to  grant  pretended  letters  of  marque  to  authorize  tho 
bearers  thereof  to  commit  assaults  on  tho  lives,  vessels,  and  property  of  good  citizens 
of  the  country  lawfully  engaged  in  commerce  ou  the  high  seas  and  in  tho  waters  of  the 
United  States ;  and  \v  hereas  an  Executive  Proclamation  has  already  been  issued, 
requiring  tho  persons  engaged  in  these  disorderly  proceedings  to  desist,  and  therefor 


■ 


26 


UNFRIENDLINESS   OF   GREAT    BRITAIN. 


11 


Her  M:ij«*"'ty  V  r.dv- 
ernnii'iit  (tfiuli*  nn 
Iho    1st  of  Mi.v   In 

war. 


It  was  on  this  meiijjor  and  incorrect  information  that  the  ailvice  of 
the  IJritish  Law  Ofliceis  Avas  based,  n|)on  which  that  Gov- 
o&TiViM,  on'"  oriiuicnt  aiited.     On  the  evening  of  the  I'd  of  IMav,  Lord 
.ini«ricit.o,,y.        ,](,],„  i>ussell  stated  in  the  llonse  of  Commons  tl>' 

"Her  *Majesl.v'.s  (lovernment  heard  the  other  day  that  tlit  Oon-  [50] 
federated  States  have  issued  k'tters  of  niarqne,  and  to-chiy  we 
have  heard  that  it  is  intended  tliere  shall  be  a  blockade  of  all  the  ports 
of  the  Sonthern  States.  As  to  the  jyeneral  provisions  of  the  law  of 
nations  on  Ihese  (jnestions,  some  of  the  points  an^  so  new,  as  well  as  so 
important,  Unit  they  have  been  referred  to  the  Law  (iihcers  of  the 
Crown  for  tlu'ir  oi)inions." 
It  is  with  deep  regret  that  the  United  Stat;'s  find  themselves  obliged 
to  lay  before  the  Tribnnal  of  Arbitration  the  evidence  that, 
v.hen  this  annonncement  was  made  in  the  House  of  Com- 
mons, Her  Majesty's  (lovernment  had  ahcady  decided  to 
recognize  the  right  of  the  Southern  insurgents  to  attack 
and  destroy  the  commerce  of  the  United  States  on  the  high  seas.  On 
the  lst(hiy  of  IMay,  1801,  (two  days  before  they  could  have  heard  of  the 
issue  of  the  President's  Proclamation,)  Lord  John  Kussell  wrote  as  fol- 
lows to  the  Lords  Connnissioners  of  the  Admiralty  :^ 

"The  intelligence  which  reached  this  country  by  the  last  mail  from 
the  Uiuted  States  gives  reason  to  suppose  that  a  civil  war  between  the 
Northern  and  Southern  States  of  that  Confederacy  was  imminent,  if 
indeed  it  might  not  be  considered  to  have  already  begun. 

*"Simidtaneously  with  the  arrival  of  this  news,  a  telegram,      [51J 
purporting  to  have  been  conveyed  to  Halifax  from  the  United 
States,  was  received,  which  announced  that  the  President  of  the  South- 
ern Conlederacy  had  taken  stei)s  for  issuing  letters  of  marque  against 
the  vessels  of  tlie  Northern  States." 

*  *  »  *  * 

"  I  need  scarcely  observe  to  Your  Lordships  tliat  it  may  be  right  to 
apprise  the  Admiral  that,  nuich  as  Her  Majesty  regi'cts  the  prospect  of 
civil  war  breaking  out  in  a  country  in  the  happiness  and  jieace  of  which 
Her  Majesty  takes  the  deepest  interest,  if  Is  Jlcr  Miijf-sijfN pleasure  that 
nothiiiij  filionUl  he  done  In/  her  nstral  fonrs  ichieh  .should  indicate  any  par- 
iiality  or  pnfcreneefor  either  party  in  the  contest  that  may  oisue.^'' 

On  the  ftii  of  ]May  ■'  Lord  John  Ilussell  held  an  interview  with  some 

Lor.i.joi,nit...ii  iudividuals,  whom  he  described  as  "the  three  gentlemen 

i',"mn,V'rimH"7''in's-  dciuUcd  by  the  Southern  Conlederacy  to  obtain  their  recog- 

™^Mnhorn,mM.™"  nlliou  as'au  independent  State."    Although  he  inlbrme'd 

diuce.  them  that  he  could  hold  no  oilicial  communication  with  them, 


calling  out  tlio  iiiilititi  force  for  th<!  purpose  of  rcprcKsiiii;  tlic;  saiiif.  and  coi)veiuu}» 
Conj^iiss  ill  extraordinary  session  to  deliberate  and  determine  tliereon,  llio  President, 
■\vitii  ii  view  to  (lu;  same  [inrposes  Itefore  mentioned,  and  to  the  protection  of  the  public 
peace  and  tlu?  live  s  and  jiroperty  of  its  orderly  citizens  pnrsninj;-  their  lawful  occnpa- 
tious,  iintd  t'onj^rcss  shall  have  assembled  and  delilieraled  on  said  nidawful  proceed- 
ings, or  initil  tlie  same  shall  have  ccaseil,  has  further  deemed  it  advisable  to  set  on 
f -ot  !i  blockade  of  the  ports  Avithiu  the  States  afore  aid,  in  pursuance  of  the  laws  of 
f  c  Unitcil  fc'tatts  and  the  laws  of  mitions  in  such  cases  provided.  Fo.'  this  purpose  a 
<  ompetent  force  will  be  posted,  so  as  to  prevent  the  entrance  and  exit  of  vt'sscls  from 
ii  •  ports  alor'.'said.  If,  therelbre,  with  a  view  to  violate  such  blockade,  any  vessel 
tii;  il  attenqit  to  leave  any  of  the  said  ports,  she  will  be  duly  warned  by  the  commander 
of  one  of  said  blockading'  vi^ssels,  who  will  indoi-sc  on  Iier  register  the  fact  and  date  of 
such  warning  ;  and  if  the  same  vessel  shall  again  attempt  to  enter  or  leave  a  blockaded 
port,  she  wdl  be  captured  ami  sent  to  the  nearest  convenient  port  for  such  proceedings 
against  ber  and  her  cargo  as  may  bo  deemed  ad  .isable." 

» Vol.  IV,  page  482.  a  Vol.  I,  page  33.  »  Vol.  I,  page  37. 


pn 

W0| 


ad^ 
sell 
to 
no  I 
Pel 
int^ 
I 
Goi 


UNFRIENDLINESS    OF    GREAT    BRITAIN. 


27 


Ctunnt.n  ic  :il  Ion 
xviih  tliL'  Frifuch 
*joveriinic;it. 


Answer     of     tliG 
Fr'MiIi  (fuvL'rntnent. 


he  did  discuss  with  them  the  question  of  reco,sj;iiitioii,  nnd  he  indicated 

to  them  the  points  to  wliich  they  must  direct  their  attention  in 
[52]      the  discussion  of  the  subject.     He  also  *listened  to  their  views 

in  response  thereto;  and  wiieu  on  tlie  termination  of  the  inter- 
view they  informed  him  "thiit  tliey  sliould  remain  in  Lon(h)n  for  the 
present,  in  tlie  hope  that  the  recoj^nition  of  the  iSouthcrn  Conleihuacy 
would  not  he  lonj;- delayed,"  he  int('r[)osed  no  objections  to  such  a  course, 
and  suji,i>ested  uo  improbability  of  such  a  recoj^iiition. 

Oil  the  ~)th  of  Mi\\  the  steamship  Persia  arrived  at  Liverpool  with 
advices  from  New  York  to  the  2.">th  of  April.  Lord  John  ]{ns- 
scU  stated  on  Monday,  the  0th  of  May,  in  a  comnumication 
to  Lord  Cowley,'  "that  Her  Majesty's  (ioveriunent  received 
no«lispatch('s  from  Lord  Lyons  by  the  mail  which  has  just  arrived,  [the 
Persia,]  the  communication  between  Washington  and  New  York  being 
interrupted." 

In  the  same  dispatch  Lord  Cowley  is  informed  "  that  Her  [Majesty's 
GovernnuMit  cannot  hesitate  to  admit  that  sach  Confederacy  is  entitled 
to  be  considered  as  a  belligerent,  and  as  such  invested  with  all  tlu'  rights 
and  prerogatives  of  a  belligerent,"  and  he  is  instructed  to  invite  the 
French  Clovernment  to  a  joint  action,  and  a  line  of  joint  policy  v.ith  the 

British  Government,  toward  the  United  States.  Lord  Cov  y, 
[53]      under  these  instructions,  had  an  interview  on  the  !)th  of  ^lay  =•*  with 

the  French  ^Minister  ibr  Foreign  Affairs.  The  Tribunal  may  infer 
from  the  jjublished  correspondence  that  it  was  assumed  at  this  niterview 
that  the  two  Governments  should  act  together,  and  that  the  letters  of 
manpie  which  might  be  issued  by  the  insurgents  should  be 
resi)ected.  Lord  Cowley  reported  that^  "His  Excellency 
said  further  that  in  looking  for  precedents  it  had  been  discovered  that 
Great  Britain,  although  treating  at  the  commencement  of  the  American 
v.ar  letters  of  manjue  as  piracy,  had,  after  a  time,  recognized  the  bel- 
ligerent rights  of  the  States  ni  rebellion  against  her."  The  answer  to 
these  instructions  was  received  at  the  Ft)reign  Ofiice  on  the  11th  of  3Iay. 
The  United  States  are  firndy  convinced  that  no  correct  or  complete  copy 
of  the  President's  Pro(;lamation  could  have  been  received  there  in  iidvance 
of  it.  It  is  known  that  the  official  copy  forwarded  by  Lmd  Lyons  to  his 
Government  reached  LdikIou  on  the  14th  of  May.-'  The  oiiicial  copy 
sent  by  3Ir.  Seward  to  ^Ir.  Dallas  reached  Southampton  on  the  evening 
of  the  Dth  of  ^lay,  and  London  on  the  10th.  It  is  stated  in  the  British 
notes  on  Mr.  Fish's  instruction  of  September  25,  l.StiO,  to  ]\Ir.  Motley, 

that  the  Prochunation  was  conununicated  oilicially  by  31r.  Hallas 
[5-lJ      to  L!)r<l  Mohu  Russell  on  the  11th.     There  is  no  evidence  of  this 

fact  in  the  archives  of  tiie  Legation  of  the  United  ui„n  .i,..  vn^„- 
State's  at  London,  or  at  the  Department  of  State  at  Wash-  t'i' ;..'r™i v'ed''bi 
ington.  But  even  if  the  statement  in  the  notes  be  correct,  '•'•>"i='''  ■"• 
still  the  British  (iovernment  received  in  the  afternoon  of  the  Uth  of 
May,  1801,  its  first  complete  and  oOicial  c()i)y  of  the  President's  Proc- 
lamation, ten  days  after  Lord  John  liussell  had  decided  to  e.ward  the 
rights  of  belligerency  on  the  ocean  to  the  insurgents,  eight  days  after 
tlie  subject  had  bin  referred  to  the  Law  Oflicers  for  their  ojiinion,  and 
live  days  after  the  decision  of  Her  Majesty's  Government  upon  thai  opin- 
ion luul  been  announced  in  the  House  of  Commons,  as  hereinaller  set 
furth. 

On  the  same  day  on  which  Lord  John  Russell  wrote  Lord  Cowley 
(May  0th)  he  wrote  to  Lord  Lyons,^  calling  the  United  States  "the 


'  Vol.  I,  page  ;tt>;  sco  also  samo  votunic,  page  48. 
^Britiuh  Blue  Book  on  tlio  Bloclcado,  18G1,  page  1. 


-  Vol.  I,  page  49. 

*  Vol.  I,  pages  30,  37. 


28 


UNFRIENDLINESS    OF   GREAT   BRITAIN. 


nortlierii  i)ortion  of  the  late  Union,''  and  reitoratinff  tlui^  Her  Majesty's 
•Governnient  "cannot  question  tlie  lif^ht  of  the  Southern  States  to  be 
reeoj^iiized  as  a  l)elliH'erent ;"  and  in  the  House  of  Commons,  on  the  same 
eveninji',  lie  announced  that  the  Attorney  and  Solicitor  General,  the 
Queen's  Advocate,  and  tin;  Government  had  come  to  the  conclusion  that 
the  Southern  Confederacy  of  America  nuist  be  treated  as  a  bel- 
lij^erent.  On  the  same  eveniuif,  Lin'd  ralin'''erston  said  in  the  [uHJ 
House  of  (!oninions,'  "No  one  can  rei^Tet  more  than  I  do  the  intel- 
li{;-ence  which  has  been  receivoil  within  the  last  few  days  I'rom  America; 
but  at  th(^  same  time,  any  one  nuist  have  been  short-si;»hted  and  litth^ 
ca])able  of  anticipating'  tiie  i)robable  course  of  human  events,  who  had 
not  lor  a  long  time  foreseen  events  of  a  similar  character  to  those  we 
now  deplore.  From  the  comi'icnceinent  of  this  unlbrtunate  (piairel 
between  the  two  sections  of  the  United  States,  it  is  evident  that  the 
causes  of  disunion  were  too  deei)ly  seated  to  make  it  possible  that  sepa- 
ration would  not  take  place,  and  it  was  also  obvious  that  passions  were 
so  roused  on  both  sides  as  to  mak'e  it  hi,u'hly  improbable  that  sucli  sej)a- 
ration  (;ould  take  i)lace  without :!,  contest." 

A  question  was  asked  in  the  House  of  Commons  on  the  7th  of  IMay,-^ 

the  next  eveninji-,  as  to  the  extent  of  the  belli.u'erent  ri;;hts 
ti m  V.i- !i' /uic"'"!  at  sea  which  would  be  acquired  by  the  South,  to  which 

Lord  Palmerston  declined  to  make  answer  "  until  the  Gov- 
ennnent  should  be  in  a  condition,  after  consultiniL!,"  its  legal  advisers,  to 
make  some  distinct  comnnmicatioii  on  the  subject.*' 

On  the  9th  of  May,-  Sir  (reorye  Lewis  an*nounced  that  a  pro-  [o(»] 
claiwation  woidd  be  issued,  stating  "  the  general  etfect  of  the 
common  and  statute  law  on  the  matter;"  and  on  the  10th,  Lord  Gran- 
vilkv'  repeated  the  declaration  in  the  House  of  Lords.  In  the  discussion 
there  it  was  assumed  by  all  the  speakers  that  the  insurgent  Government 
might  lawfully  issue  letters  of  marque.     * 

It  is  believed  by  the  United  States  that  it  was  well  Icnown  to  Her 
Majesty's  Government  during  all  this  time,  that  Mr.  Adams  was  about 
to  arrive  with  instruction  from  the  new  administration,  and  that  he 
came  possessed  of  its  most  contidential  views  on  these  inq)ortant  ques- 
tions. On  the  2d  May  Mr.  Dallas  wrote  Mr.  Seward  thus  :*  "  The  solici- 
tude felt  by  Lord  John  Kussell  as  to  the  ettecrt  of  certain  measures  repre- 
sented as  likely  to  be  adopted  by  the  President,  induced  him  to  ri-quest 
me  to  call  at  his  private  residenc^e  yesterday.  *  *  *  i  informed  him 
that  Mr.  Adams  had  apprised  me  of  his  intention  to  be  on  his  way  hither 
in  the  steamship  Niagara,  which  left  Jioston  on  the  1st  of  May,  and  that 
he  would  probably  arrive  in  less  than  two  weeks,  by  the  12th  or  loth 
instant.  His  Lordship  acquiesced  in  the  expediency  of  disregarding 
mere  rumor,  and  waiting  the  full  knowledge  to  be  brought  by  my  suc- 
cessor." The  United  States,  for  reasons  already  given,  have  no 
doubt  *that,  'before  that  interview.  Her  Majesty's  Government  [57] 
had  already  decided  upon  their  course  of  action.  Mr.  Adams  did 
Th.(>,u.,n%.  rroo-  actually  arrive  in  London  on  the  evening  of  the  l.'3th  of  May. 
hun.ti.Mi.  rpi^,  Queen's  rrodamatiou  of  iieutrality  was  issued  on  the 

morinng  af  that  day. 
A  caref'd  examination  of  the  published  correspondence  and  speeches 

of  Lord  John  llussell  shows  that  Her  Majesty's  Government 
ii.r''>iajes'ty'!.'<i»"v.  was  at  tluit  tiiuc  by  no  means  certain  that  there  w'as  a  war 

in  the  United  States.    On  the  1st  of  May,'^  he  directs  the 

'  ^iiisiud's  Debates,  3d  series,  Vol.  CLXII,  pages  1022-23. 

'  Vol.  IV,  page  484.  ='  Vol.  IV,  page  486. 

*  Vol.  I,  page  34.  o  Vol.  I,  page  33. 


i 


•el 


UNFRIENDLINLSS   OP   GREAT   BRITAIN. 


29 


Mnjcsty's 

tcs  to  be 

tlio  siinio 

loiiil,  the 

sion  that 

['1- 

lie      [55J 

\.!nericii ; 
11(1  little 
who  had 
tliose  we 
'■  «iuiinel 
that  the 
liiit  sepa- 
oiis  were 
K.'h  sepa- 

of  Jlay,^ 
it  ri^^hts 
()  wliieh 
the  (lov- 
k'isei's,  to 

;-o-      [o(i] 

lie 

I'd  Gran- 

iseus.sioii 

en  II  lie  lit 

to  Her 

s  about 

that  he 

lit  ques- 

le  soliei- 

s  re{)ie- 

ii-tjaest 

lied  him 

y  hither 

11(1  that 

or  15th 

^^ardiiig' 

my  sue- 

o 

[57] 
d 
of  May. 

oil  the 

leeches 
riiment 
s  II  war 
cts  the 


Admiralty  as  to  the  course  to  be  pursued  with  relereuce  to  the  iii.sur- 
yeiit  cruisers  in  the  war  whieli,  he  thinks,  mat/  "  iiave  already  be.i>uii." 
Ou  the  L'd  of  May"  he  asks  t!ie  Liiw  Oriiccis  oi  the  Crown  what  course 
the  Government  shall  ]>msne.  On  the  1st  of  .Iiine,  however,  he  is  in 
doubt  on  the  subject,  and  he  writes  to  Ihe  Lords  (Commissioners  of  the 
Admiralty,  informing'  them  of  the  rules  to  be  observed  by  the  JJritish 


il-  ibices  ''  in  the  contest  icltidi 


to  be  itiiiiiiiienf  between  the 


ai>]icai 
United  iStates  and  the  so-styled  Gonfedeiate  States  of  Morth  America." 
It  would  seem,  therelbre,  tliat  on  the  1st  of  .lune,  ISC.I,  Her  Miijesty's 
Government  legarded  only  as  "imminent"'  the  hostilities  which  Iler 

j\lajesty's  I'roclamatioii  of  the  IDth  of  the  previous  j\Iay  alleged 
[58]      Inul  "unhappily   *comnieiiced    between    the    United    States  of 

America  and  certain  States  styling;-  themselves  the  Confederate 
States  of  America."'  In  iioint  of  fact.  Lord  John  liusseirs  dispatch  ot 
the  Lst  of  June  describe(l  with  fidelity  the  condition  of  tiiinjxs  so  far  as 
then  known  in  London;  Ibr  at  that  time  tli(^  intellij;ence  of  the  exiiilar- 
ating  etiect  of  the  (Queen's  I'roclamation  upon  the  insurficnts,  and  its 
dcpressiiij>'  ellect  upon  the  (Jovernment  and  loyal  poimlatioii  of  tlu^ 
United  States,  had  not  reached  Euroiie. 

^Vhatever  Lord  John  llussell,  and  ids  colleajiues  in  the  Government, 
who  decided  to  counsel  Iler  ^Majesty  to  issue  the  rroclama-     ^,         ^  ^^^ 
tion  of  3Iay  l.'itli,  may  liav(^  thought,  the  debates  in  Tailia-  «^h-'i'C  i'n,ci.mw: 
meiit  removed  any  excuse  for  ijj;iioranee  as  to  the  etl'ect  of  ''""' 
that  instrument. 

As  early  as  the  L*Oth  of  Ajnil,  in  the  House  of  Commons,  an  ojiposi- 
tion  member  had  said  that  "tliere  could  be  no  doubt  that  if  the  war 
should  be  continued  in  that  country  [the  United  States]  tlnrc  icoidd  he 
titoumndtt  of  privatecru  hoveriuff  about  those  coasts;'"-^  to  \\hicli  the  Chaii- 
<;elIor  of  the  Exche((uer  (Mr.  (iladstone)  immediately  veplied:  "All  that 
relates  to  the  dangers  wliich  may  iirise  between  Jiritish  merchant  ships 

and  x\merican  or  other  privateers  *  *  *  1  shall  ])retermit,  not 
[5",)]      because  1  presume  to  say  or  think  tlmt  they  are  *insignilicant, 

but  because  I  I'eel  it  my  duty  to  address  myself  to  tli<;se  points 
which  touch  more  directly  and  more  practically  [the  IJudget]  the  mat- 
ter ill  hand."^ 

In  a  debate  in  the  House  of  Lords,  on  th(^  lOtli  of  iNIay,  Lord  Tfaid- 
wicke'*  said  that  he  "was  anxious  that  the  House  should  i.'ot  enter  too 
strong  a  protest  against  that  which  was  a  natural  conse(iueiice  of  war, 
namely,  that  vessels  should  be  fitted  out  by  private  individuals  under 
letters  of  marque.  That  was,  no  doubt,  privateering,  but  it  did  not  by 
any  means  follow  that  privateering  was  piracy.  He  believed  that  if 
privateering-ships  were  put  in  the  hands  of  proper  otiicers,  they  were, 
i-iot  engagc(i  in  piracy  any  more  tlian  men-of-war.  He  thought  that  a 
feeble  State  engaged  in  a  war  with  a  powerful  one  had  a  right  to  make 
use  of  its  merchant- vessels  for  the  purpose  of  carrying  on  the  con'^est^ 
and  there  was  no  violation  of  the  law  of  nations  in  such  a  proceeding." 
In  the  more  elaborate  discussion  which  followed  on  the  lOtli  of  the 
same  month  iii  the  House  of  Lords,  the  Lord  Chancellor'^  said :  "  I'f, 
after  the  publishing  of  the  present  proclamation,  any  English  subject 

were  to  enter  into  the  service  of  either  of  the  belligerents  on  the 
[CO]      other  side  of  the  Atlantic,  there  could  be  no  doubt  that  the  *per- 

son  so  acting  would  be  liable  to  be  punished  for  a  violatitm  of 

i  Vol.  IV,  pa^'c  482.  =  Vol,  I,  ptigc  IJIlo. 

3  Iliiusanl's  IJ.'liates,  3(1  series,  Vol.  CLXII,  iia<>o  1276. 
*  Hansard's  Debates,  3cl  series,  Vol.  CLXII,  ])age  1"277. 
6  Vol.  IV,  i^agc  4W3.  'Vol.  IV,  page  490. 


30 


UNFRIENDLINESS   OF   GREAT    DRITAIN. 


tlie  laws  of  his  own  country,  mid  would  lirivo  no  rijilit  to  clnim  any 
intcrl'crcncc!  on  the-  part  of  his  Government  to  shiel<l  hi:n  from  any 
(!ons('(|nences  whieh  nii/^ht  arise.  There  could,  however,  at  llie  same 
time,  hv  no  doid)t  that,  alrhon.nh  ho  would  he  .^uilty  of  a  breach  of  the 
laws  ol'  his  own  country,  he  ou^ht  not  to  he  rejuarded  as  a  pirate  for 
actiujLj  under  ;■  'ommission  from  a  State  admitted  to  hc^  entitled  t<»  the 
exercis(>  of  l)elh<;erent  ri.ijhts,  and  canyiiij^-  on  what  mi^ht  he  calle<l  a 
justum  helium.  Anybody  (h'aliu!^'  with  a  man  un«ler  those  circumstances 
as  a-  jtirate,  and  putliny  him  to  death,  would,  he  contended,  be  guilty 
of  nuuder." 

The  distiuf^uished  jurist,  who  then  sat  upon  the  woolsack,  described 
in  that  spee(!ii  one  le;;al  effect  of  this  hastily  issued  rroclamation  with 
undoubted  correctness.  It  relieved  Englishmen  (U-  foreif^iiers  in  l']nj;iand, 
and  lOujuiishmen  on  insurgent  cruisers  carrying'  on  war  against  the 
IJniti'd  States,  from  the  i)enal1ies  oC  a  high  class  of  felonies.  liord 
Lyndhurst,  one  of  the  most  ennnent  ])redecessors  of  Lord  Campbell,  in 
an  oi)inion  in  the  llcuise  of  Lords  in  liS,").'),  cited  with  respect  l)y  Sir 
George  Cornwall  Lewis,  (himself  one  of  Lonl  I'ahnerston's  Cabinet,) 
said :  "  If  a  nund)er  of  ]>ritish  subje»'ts  were  to  ^  -  :  bine  and  cou- 
s])ire  together  to  ex<'ite  revolt  among  the  inhabi*tantsof  a  friendly  [Oil 
State,  *  *  *  and  these  juM'sons,  in  pursuance  of  that  con- 
spiracy, were  to  issue  nmniiestoes  and  ]>roclamations  for  the  purpose  of 
carrying  that  oltject  into  effect;  above  all,  >/  llicjj  ircrc  to  svbscrlhc  money 
for  the  purpose  of  piirvlumnfi  arms  to  (jive  ejfcvt  to  that  intended  enterprise, 
I  conceive,  ami  1  state  with  confidence,  that  such  persons  would  be 
guilty  of  Ji  misdemeanor,  and  liable  to  suffer  ])unishment  by  the  laws 
of  this  country,  inasuuudi  as  their  conduct  would  lend  to  embroil  the 
two  (U)untries  together,  to  lead  to  remonstrances  hy  the  one  with  the 
other,  and  ultimately,  it  might  be,  to  wa".  *  *  *  Foreigners  resid- 
ing in  this  country,  as  long  as  they  leside  here  under  the  inotection  of 
this  couutry,  are  considered  in  tlie  light  of  British  subjects,  or  rather 
subjects  of  lier  Majesty,  and  are  jfunishable  l)y  the  criminal  law  i)re- 
cisely  in  the  same  manner,  to  the  same  extent,  and  under  the  same 
conditions  as  natural-born  subjects  of  Her  Majesty.  *  *  *  The 
otfense  of  endeavoring  to  excite  revolt  against  a  neighboring  State  is 
a.i  offense  against  the  law  of  nations.  No  writer  on  the  law  of  nations 
states  otherwise.  I3ut  the  law  of  nations,  according  to  the  decision  of 
our  greatest  judges,  is  part  of  the  law  of  England."^ 

*The  United  States  will  close  this  branch  of  tin*  examination      [02] 

by  citing  the  language  of  JMr.  Bright  in  the  House  of 
Mr. LneiitsN.ows.    (_^,J,J,^,y„J,^  q,,   ^|,^>   j^Jj  ^^^^  j\ij|veii^   1805.^    "Goiug  back 

nearly  four  years,  we  recollect  wisat  occurred  when  the  news  arrived  of 
the  lirst  shot  having  been  tired  at  Fort  Sumter.  Tluit,  1  think,  was 
about  the  12th  of  April.  Immediately  after  that  time  it  v.as  aniH)unced 
that  a  new  minister  was  coming  to  this  country.  Mr.  Dallas  had  inti- 
mated to  the  Government  that,  as  he  did  not  rei)resent  the  nev.  President, 
he  wonhl  rather  not  undertake  anything  of  importance ;  but  that  his 
successor  was  on  his  way,  and  would  arri\'e  on  such  a  day.  When  ii 
man  leaves  New  York  on  a  given  day  you  can  calculate  to  about  twelve 
hours  when  he  will  be  in  London.  Mr.  Adams,  I  think,  arrived  in 
London  about  the  1-th  of  i\lay,  and  when  he  opened  his  newsi)aper 
next  morning  he  found  the  Proclamation  of  Neutrality,  acknowledging 
the  belligerent  rights  of  the  South.    I  say  that  the  proper  course  to 

'  On  Fovtigii  .Jiuisdictiou  .lud  tlic  Extrailition  of  Criiuiuals;  by  tho  Kigbt  Hon.  Sir 
George  Cornw.all  Lewis,  Bart.,  M.  P.,  Lomlou,  1859,  page  66. 
"Vol.  V,  pages  639,  640. 


hi 
to 
th 
ho 


C(H 

an 
of 
re 

])U 

l>e 
ri} 
tin 
on.'- 


I 


UNFRIENDLINESS    OV   GREAT   BRITAIN. 


31 


I  ill  111  nny 
Voin  jiiiy 

lie  .siunc 
'h  of  llic 
iir;it('  ibr 
•d  to  tlu> 

<':ill('<l  a 
instances 
bo  iiuilty 

loscribod 
ion  witli 
ICii<;lan(l, 
inst  the 
-!.  liord 
ipbt'll,  in 
;t  by  8ir 
Jabinet,) 

ly  [Oil 
11- 

ii'lioso  of 
'he  money 
itcrprisc, 
k-onid  be 
the  laws 
jroil  the 
svith  the 
is  resid- 
ction  of 
)!■  lather 
law  pre- 
le  same 

*    The 
State  is 

nations 
t^isioii  of 


[02] 


JO" 


back 
rived  of 
Ilk,  was 
louiieed 
lad  inti- 
esideiit, 
hat  his 
tVheii  a 
:  twelve 
ived  in 
\ spa per 
ledging 
urse  to 

HoiiTsix 


have  talvon  would  have  been  to  wait  till  IMr.  Adams  arri"ed  here,  and 
to  have  (liscussed  the  matter  with  him  in  a  friendly  nianiicv,  exidaininp: 
the  "loand  upon  which  the  10n};lisli  (lovcrninent  had  I'clt  themselves 
bound  to  i.-siie  that  proclamation,  and  represent iiii;' that  it  was  not  done 
ill  any  manner  as  an  unfriendly  act  toward  the  United  States 
ro.'jl  (lovernment.  IJnt  no  *precantion  whatever  was  taKeii.  It  was 
(lone  with  unfriendly  haste,  and  had  this  elfeet  :  that  it  i^avo 
comfort  and  coura;j;e  to  tln^  conspiracy  at  Mont,u()mery  and  a<  l»icliinon(l, 
and  causctl  ;4ieat  fiiief  an<l  irritation  anionj;'  tliat  purli;;;)  of  the  people 
of  Aniciica  most  stron,i>ly  desirons  of  inaintainiii};' amicable  and  friendly 
relations  between  their  eoiintry  mid  ICnjulaiul." 

The  Unite*!  States  have  nuid(^  this  review  of  the  eonrse  n,.  „„„^,„„ 
]mrsiied  by  (Jreat  I'.ritain  in  reco.iiiii/iniL'- the  insurj;ents  as  :;f;^.Vnin';'on''»M 
belli/^crciits,  with  mt  pnrposi'  of  (ineslioninf^' the  soven-ij-n  '"""'• 
ri^lit  ol'  that  Power  to  determine  for  itself  wliellier  the  facts  at  fliat 
time  Jnstiiied  such  a  recoi^nition.  Althou^j^h  the  United  St^'tes  strcnu- 
<aisly  deny  that  the  facts  as  they  then  were  l;iiowii  to  Her  ^NUijcsty's 
(JovcrnMieiit  did  Justify  that  (lovernment  in  conlei'iin}^' npiat  the  rebel- 
lious citizens  of  the  (Jnited  States  the  pri\ilejie  of  belli.irerciits,  and 
still  less  Just  died  it  in  counselin.u  France  to  do  the  same  thin.cyec  thcj"- 
recof4ni/.e  and  insist  that  (in  the  lanjiiiaj^c  of  the  Presid<'nt  to  Congress 
on  the  (Uh  day  of  December,  1S(;!>)  a  "nation  is  its  own  judjic  when  to 
accord  the  rij^hts  of  belli,tierency,  either  to  a  people  struyj^liiiiV  to  fiefc 
themselves  irom  a  <i()verument  they  l)elieve  to  1k>  oj)pressiv<>,  or  to  inde- 
pendent nations  at  war  with  each  other." ^ 
[(i4J  JUit  v/hile  tlius  iirmly  insistinj;'  upon   the   sovei*ei<in  vijihta 

of  indei>endent  nationality,  they  also  maintain  "tliat  the  i'i«4-ht- 
fulness  of  such  an  act  (h-peiids  upon  the  occasion  and  the  circnnist'oiees, 
nml  it  is  an  act,  like  the  sovereiij;n  act  of  war,  which  the  morality  of  the 
public  law  and  practice  re(piires  should  be  <leliberate,  seasonable,  and 
Just,  in  reference  to  surroiindin.iv  facts;"-  and  "they  re;iiu-d  the  conces- 
sion of  beliificrcncy  l)y  (Ireat  IJritain  as  a  part  of  this  case  only  so  far 
as  it  shows  the  be;;iuniii,!j;'  and  animus  of  that  course  of  conduct,  which 
resulted  so  disa.slnaisly  to  the  United  States."'' 

Viewed  in  this  lij;iit,  the  United  States,  witli  deej)  and  unfeigned 

reyret,  have  been  forced  to  conclude,  from  all  the  ciicuin-     \,ai  .-,„,i»iihnn 

stances,  that  Her  Majesty's  Government  was  actuateil  jit  """"•'■»■  ""'>«'^- 

that  time  by  a  conscious  unfriendly  pnri)ose  toward  tlu^  United  States. 

In  the  lan.nua/^e  af  a  continental  i)ubli<*ist,  ".IAVn/.;ieteiic  a  ( te  bien 

pressee  de  iaire  usa.ue  de  son  droit  strict  ]tour  constater 

solenuellement  (pie  I'Union  Americaine  etait  ebranlee,  et 

doniier  aux  insurges,  (;e  (pie  le  monde  entier  a  considcie 

tout  au  moins  comnKMin  appui  moral;     *     *    Fa{;te  a  ('le  jiose  hi  veille 

du  Jour  oil  le  noiivel  ambassadeur  aiiR'ricain,  I\I.  Adams,  deviifc 

[05]      dC'banpier  a  Londres,  et  an  moment  oil  posiiivement  Ics  insurp(5s 

ii'existaicnt  pas  comme   luiisance  iiavale,  on   ils  n'avaient  de 

marine  et  de  tribunaux  de  jirise  (jue  sur  le  ])apier."^ 

This  luecipitate  and  unfriendly  act  of  Great  Britain  did  ii(>t  go  forth 
alone.     On  the  Uth  of  May,  1801,  five  days  before  the  re- 
ceipt of  the  autlientic  copy  of  the  President's  Proclama- 
tion, Lord  John  llussell  instructed  Lord  Cowley,  the  British 
Ambassador  at  Paris,  to  ascertain  whether  the  Ln[)eiial 

'Annual  Jtcssagc  of  tlic  President  to  CoiJ<;i-ess,  liiGi). 
-Mr.  ri.sli  to  Mi-.  Motley,  September  525,  18(i9.    A'ol.  VI,  page  4. 
nir.  I'isli  to  Mr.  Motley,  May  15,  18(Ji>.     Vol.  VI,  page  1. 

*Dc  In  ueiitralito  de  la  Gninde-Bretagne  ])endant  la  gnerrro  civile  amdricaine  d'apr  ^ 
M.  Montague  litrnard,  par  G.  Eoliu-Jacqueuiyus,  page  11. 


'Ir.    Kf.'liri-JiWnut'- 
l;ri<c!"  -tlatitm. 


L'lirrifndly  con- 
rinct  lil'  (iii-nt  r-rit- 
li.li  a:«  tu  the  4cctR- 
ri.tinin  <'l"  the  Ton* 
gre»8  oC  rana. 


32 


UNFRIKNDLINESS   OF   GREAT   imiTAIN. 


GovonnvM'iit  wiis  (lisposcd  to  um]io  a  joint  oixlciivor  with  Ilcr  Miijost.v'H 
(lovcnminit  "  t(M>l)tiiiii  IVoin  I'iicli  of  tlu^  lM'lii;;('i'('iits  (o/^.svrrr  lltttt  the 
iiiKurficiitu  inrc  s/i/lcd  ^^ hrllipircntu''^  seven  dojin  in  ((drnitvv  of  the  (Jiiccn''s 
prorl<uiiiili()ii\  i\  riHiiMil  rccojiiiition  of  tlic  wccoiid  iiiid  third  iirlich'sof 
th(^  DcchiiiiiioM  ol'  I'iiris." 

[iOnl  (!o\vl('y,  on  (he  Dth  of  ^Miiy,  inl'oiiiicd  liord  .lolin  Iliissdl  (hiit 
*' tlic  Impel  i;il  (lovci'iimciit  coiiciirrcd  t'lifiiely  in  1h(^  virv/s  ol'  Jlcr 
Miijcsty's  (ioNciiiiiicnt,  iind  wonhl  lie  inciJiircd  to  Join  Ilcr  MjiJcsty'H 
(rovcrniiK  111    ill   ciMU-avorinj;  to  obtain  of   I  hi'    lu'iii^crcnts  ii  lornial 


n'('(>^iii(ioii   ol'  th»!   second   and   third  artich'.s  of   the  J)cchiration  of 
I'aris."' 

Thi.s  proposilion  to  open  direct  neji'otiatioiis  *\vith  the  insiir-  [(JO] 
fjcnts  was  l!i(^  second  step  in  the  Joint  action  \vhicli  I'ad  l)een 
aj-rced  upon.  I'or  reasons  which  Ilcr  ]MaJcst_\'s  (lovernineiit  is  in  a 
position  to  e.\i)iaiii,  but  which  can  only  be  conjectured  by  the  United 
States  and  by  tiie  Tiibiinal,  care  apjiears  to  have  been  tal;en  to  ))r<'vent 
the  kno\vIed,i;('  of  it  frtini  reaching  the  (jovernnicnt  of  the  United 
States. 

On  the  receipt  of  the  information  from  Lord  ('owh\v.  Lord  Jolin  lius- 
sell  i»repared  at  once  a  (banjiht  of  instructions  to  Lord  Lyons,  tlie  Jbit- 
isli  .Miiiisler  at  Wasiiiiij^ton,  and,  on  tln^  Kith  of  iMay,  sent  theui  to 
Lord  Oowlcy  to  be  snlniiitted  to  the  ICinperors  (loverniiient.- 

On  the  next  day  Lord  Cowley  replied  (hat  he  liad  seen  M.  Thoiivenel, 
the  Minister  for  I'^oreijiii  AH'airs,  ami  adde<l :  '•  M.'i'honvenel  had  already 
written  to  .M.  Mereier  [thc^  French  Minister  at  Washin.ulon]  in  the  same 
terms  as  y(!i!r  Loidship  proposes  to  address  yonr  instructions  to  Lord 
Lyons.  I  need  hardly  add  that  Ills  Excellency  con<Mirs  entirely  in  the 
dranj>ht." 

On  the  IStli  of  May  Lord  John  Ilussell  hastened  to  send  his  instrnc- 
ti(vns  to  Lord  Lyons.''  lie  told  him  "to  en(!onra,!4e  the  (loverniiK'nt"  of 
the  United  States  "in  any  disposition  which  they  might  evince 
to  recogi!i;;e  the  Declaration  of  Paris  in  *regard  to  |)rivateeiing  ;"  [(57] 
and  he  added  that  '•  Ilcr  .Majesty's Clovernment  do  not  doubt  that 
they  will,  without  hesitation,  recognize  the  remaining  articles  of  the 
declaration."'  lie  continued:  "\'on  will  clearly  understand  that  Her 
Majesty's  (loveriiiaeiit  cannot  accept  the  renunciation  of  privateering  on 
the  ])art  of  the  (loverniiient  of  the  United  States,  if  cou])!ed  with  the 
condition  iliat  they  should  enforce  its  renunciation  on  the  (Joniederato 
States,  either  by  denying  (heir  right  to  issue  letteis  of  mar«pie,  or  by 
interfering  with  the  belligerent  operations  of  vessels  holding  I loin  them 
such  letters  of  niai(|ue;"  and  he  closed  by  instrncii'.g  Lord  Ijyons  to 
take,  such  means  as  he  might  Jmlge  most  e.\pi 'bent  lo  transmit  to  Her 
Majesty's  C'onsul  at  Charleston  or  Kew  Oilcan,-  a  eo])y  of  a  previous 
dispatch  of  the  saim^  day,  in  order  that  it  nii<,lit  be  comnninicated  to 
Mr.  Jell'erson  j)a\  is  a.t  jNIontgomery.  Lord  Lyons  had  no  instriuitions 
to  show  to  Mr.  Seward  the  dispatch  from  wliich  these  citations  have 
been  made,  and  it  evidently  was  contemplated  that  he  should  not  ex- 
hibit it. 

He  was,  however,  to  read  to  him  the  previous  instructions  of  the  same 
date  referred  to  in  that  dispatch,  and  to  leave  a  coi)y  with  him,  if  de- 
sired.    These jircNious  instructions,  numbered  l.'JO,  may  be  found 
on  the  lOTth  page  ol  the  first  of  the  accom^'panying  volumes.     It      [G8] 
was  not  only  to  be  shown  to  Mr.  Seward,  but  a  <.*o|)y  of  it  was  to  bo 
Hhown  to  Mr.  Jell'erson  l)avis.='    The  attention  of  the  Tribunal  of  Arbi- 


» Vol.  I,  iiagc  49. 


'2  Vol.  I,  pago  .'■.0. 


'I  Vol.  I,  iiiigc  51. 


TTNFRIKNI)LIM:SS    of    CRKAT    I'.IIITAIN, 


3.T 


tr.itinn  is,  in  tliis  (tomicctioii,  inMliciiliiil.v  iiivit(»<l  to  tho  i'-.u-i  tlnit  tlicso 
iiistnictioiis,  iiiiiiilii'i'cil  ].'!(),  coDiiiiii  iioiiiiii;;  iiKliciitlii^'  :i  licsi;;!!  tin  \\u> 
pint  of  (lie  lirilisli  (iovcnitiiciif  to  ])iu  itself  in  (■oiiitiiiiniciilion  with  \\u'. 
iiisiiiv.iciil  iiiitlit'iitii's,  ii(>tlii!i,u'  to  iiidiicc  .Mi'.  ScwMid  to  tliiiiiv  lliiit  1Ik\v 
were  lit licr  tliiiii  wliiit,  on  tlicir  lacr,  tli<-.\  |iiir|ioi't('(l  to  he,  n  coiiniiiuii 
ciitioii  tVoiii  the  (loviMiiliifiit  o!'  (liciit  i>iit;iiii  to  tlic  ( lo\  riiitiicnt  of  tlu^ 
I  jiiii'd  Siiitcs,  tlii'oii<>'ii  till'  ordiiiiir.v  tliploiiKitic  cliiiniicl. 

It  is  not  iiii|ii'ob:ii>k>  t'lat  tlic  Ailiitratoi.s  iiiiiy  Im>  of  ojiiiiion  tiiattlio 
nsc  of  tiic  IJiitisli  Li'.uiitioii  at  W'asliiii^itoii  l<ii'  siicli  a  pur-  ri-ir  trM,i..m-i« 
|)os('  was  an  act  wliicli  tlic  r'nitctl  States  would  have  lu'cn  iV.iv  i.'.';/V.='!"ti 
jiistillcd  in  n';,'ai'din;;'  as  a  cause  of  war.  It  was,  to  say  the  """"'■  -i  «"■• 
least,  an  abase  of  diplomatic  luivile^'c.  and  a  violation,  in  the  person  of 
Her  .Majesty's  l*rin<'ipal  SecreiiMy  of  State  for  I''orei<;ii  Alfairs,  of  tiu^ 
duties  of  neuti'ality  which  ilcr  .Majesty's  (lovernnieiit  was  about  tt)  im- 
pose upon  lier  subjects. 

llefore  lelatiiij;  what  Lord  Lyons  did,  under  tliese  iiistru(*tious,  it  is 

necessary  to  i)anse  in  onU'r  that  the  Tribunal   may  be  informed  what 

j\Ir.  Sewar<l   and    ."\h'.   Adams   had    b;'(>ii    tloiny'    in    the    sauu^ 

[09]      *iiiatter  simultaneously  with  the  iiroc(>ediiiX''<  which  ]ia\t!  been 

detailed. 

In  the  year  IS,"* I  the  Clovernment  of  the  United   Slates  submitted  to 
the  principal  maritime  nations  tw<i  inoposiiions,  solieilinj;' 
their  assent  to  them  as  i)erinanent  principles  of  internji- 
tional  law.     These  propositu)ns  "'ere.  that  free  ships  should 


I'l.i  iiicr  tn,*R<iIii- 
tinii-4  rr^ardiiifi  tliK 
Dr.  I  ir.t.nn  of  th.' 
t'oiiRM-  n  oj"  i'arin. 


make  free 


floods ; 


and  tliat  neutral  property  on  board  an  enemy's  ves- 


sel shouhl  not  be  subject  to  conliscalion  iinh'ss  contraband  of  war. 

(Ireat  liritain,  beiny'  then  at  war  with  lliissia,  did  not  act  upon  Iheso 
pidliusitions ;  Init  in  flic  (!on,i!;ress  which  assembled  at  Paris  when  th<^ 
]>ea<;e  of  185(i  was  made,  ( treat  Britain  ami  the  other  nations,  parMes  to 
t!u'Con,i«'i'ess,  oave  their  assent  to  them,  and  to  twoo1heri)ropositions — 
the  abolition  of  privateerinf-',  ami  the  necessity  of  efiiciency  to  the 
lej>ali/.at ion  of  11  blockade.  It  was  also  ajir(>ed  that  t!u5  four  projxjsi- 
tioiis  should  be  niaintaiiieil  as  a  whole  and  indivisilile,  and  that  the 
I'owers  who  mij>ht  accede  to  them  should  accede  to  them  as  such.' 

Great  Britain  then  Joined  in  invitin;;'  the  lJiiite<l  States  to  }>ive  its  ad- 
hesion to  *he  four  indivisible  i)()ints.  The  Washinjiton  Cabinet  of  that 
day  replied  that  the  United  States  was  williujL;  to  assent  to  all  the 
[70]  propositions,  except  the  one  re*latin.t!:  to  privateerinji',  as  being-, 
in  fact,  reeof^nitionsol"  i)rinciples  which  hail  always  been  maintain- 
ed by  them ;  but  that  they  could  not  consent  toabolisli  privateerin.u'  with- 
out a  further  agreement  to  exempt  private  property  I'rom  captiiie  on  the 
hif>h  seas  ;  and  they  proposed  to  amend  the  deehiration  of  the  donsress 
01  Paris  iu  that  sense,  and  offered  to  give  their  adhesion  to  it  w  hen  so 
amended. 

In  .Jannary,  1857,  the  projiosals  of  the  United  States  not  having  been 
acted  upon,  their  Minister  at  London  was  directed  to  suspend  negotia- 
tions until  the  new  President,  a\Ir.  Buchanan,  couhl  examine  the  sub- 
ject ;  ami  the  suspension  continued  until  alter  Mr.  Lincoln  was  inau- 
gurated. 

On  the  24th  of  April,  18(51,  less  than  two  months  after  Mr.  Lincoln's  ac- 
cession to  power,  Mr.  Seward  resumed  the  suspended  negotiations  by  in- 
structing Mr.  Adams'-  (similar  instructions  being  given  to  tin;  JMinistersoi 
the  United  States  to  the  other  maritime  powers)  to  give  an  uy(iualitied 


'  24tli  Protocol,  April  IG,  1850,  Congress  of  Paris. 
•  Vol.  I,  page  44. 

S.  Ex.  31 3 


34 


UNFRIENDLINESS   OF    GREAT    J3RITAIN. 


I 

^1 


iissent  to  the  four  propositions,  and  tobrinfjllio  negotiation  to  a  speedy 
and  satis!ii('tor\  (lonelnsion. 

Owiiifi',  piohaMy,  to  the  interrnption  in  tlio  connniinications  between 
Wasliiiifjilwii  and  New  York  wlien   the  dispateh  of  .\])ril  21  was 
written,  -Ml'.  Adams  does  not  appear  to  nave  been  abU' to  *('oni-      [71j 
r.junieate  his  instrnetions  to  Lord  John  Kussell  bel'ov(^  tlie  21st  of 
May.     lie  then  infornu'il  Lord  dohn  that  lie  had  reeeiv<'d  instrnetions 
to  nejiotiate,  wliieh  he  wonid  '••  snhuiit  to  his  consideration  if  there  was 
any  disposition  to  pnrsiu'  tiie  matter  fnither."     Lord  dohn  linssell  ''ex 
IM'esseil  th(^  willingness  of  (Ireat  liritain  to  neiiotiate,  bnt  he  seemed  to 
desire  to  leaxc  the  .ud)jeet   in   the  hands  of  Lord  Lyons,  to  whom   ho 
intimated  that  he  had  already  transmitted  anthority  to  assent  to  any 
inodilieation  of  th(M>nly  point    in   issne  which   the  (Government   of  th(> 
United  .States  nnj^ht  jn-eter."'      He  did  not  iid'oiin   .Mi'.  ^Vdams  that  he 
also  pro]>osed  to  o|)en  neyoliations  with  the   insnrj^ents,  nor  ha«l   yiv. 
Adams  reason  to  siKsi)eet  that  tact. 

Matters  were  thns  suspended  in  London,  to  eiud)lo  Ijord  Lyons  to 
work  ont  Lord  John  linssell's  instrnetions  at  W'ashinj^ton  and  in  liieh- 
tnoTid. 

Lord  Lyons  re(!cived  the  disj)atches  of  the  ISth  of  May  on  the  2d  of 
.Fjine,-'  and  at  once  (conferred  with  .Mr.  31ereier.  Jt  was  aj,'reed  that 
they  slionld  try  to  mana.si'e  the  bnsiness  so  as  to  prevent  "an  inconven- 
ient ontl;reak  from  the  (lovernment  "' of  the  L'nited  States.  Jle  then 
m)tilied  \vav\  IJnssell  of  what  tli(\v  i)i'oj)(»sed  to  do,  ami  inlbrmed  him  of 
the  instrnetions  to  JMr.  Adams  on  this  snbjeet.  lie  also  intimated 
that  it  wonld  be  nnreasonalde  ''to  expect  that  the  insnrj;ents  [72] 
should  al)an(lon  ]n'ivateerinj4,  nnless  '-in  retnrn  for  some  ^reat 
concession.''  What  (concession  remained  to  be  given  (>X(;ej)t  recognition 
of  national  indei)endem'ef 

It  was  n(»t  nntil  the  l.">thof  Jnne  that  Lord  Lyons  and  INFr.  Mercit  r 
comnundcated  the  jtniport  of  their  instrnetions  to  Mr.  Sew- 
vu'w'w,u''.Mr.' '.' w  ard  in  a  Joint  interview,  of  which  we  have  ^Ir.  Seward's 
acconnt'  and  Ijord  Iaoiis's  acc.-oiiiit,'  both  dated  the  17th  of 
Jnne.  These  acconnts  do  not  dUfer  materiaiiy.  The  ac'tion  as  to  the 
British  Minister  was  this:  Lord  Lyons  stated  liiat  he  was  instrncte<l  to 
read  a  dis)»atch  to  ]Mr.  Seward  and  to  leave  a  «"oi»y  with  him  if  desired. 
Mr.  Seward  refnsed  to  i)ernnt  the  dispateh  to  be  read  ollieially,  nnless 
lie  conld  iiist  have  an  oi)portninty  to  accpniint  himself  with  its  contents. 
Lord  Lyons  hamled  him  Lord  John  linsselTs  No.  l.'KJ  for  the  ])nrpose  of 
nnollieial  exannnation.  JMr.  Seward  saw  that  it  spoke  of  the  insnrgents 
an  belligeicnts,  ami  on  that  gromnl  i'efHse«l  to  permit  it  to  be  ofiicially 
eommanicated  to  him.  Jle  added  that  he  preierred  to  treat  the  (pu's- 
tion  in  Ijondon,  and  Lord  Lyons  lelt  with  him,  nnofticially,  a.  copy  of 
F/ord  John  Ibisseirs  b'>(!,  in  onler  that  he  might  more  intelligently  in- 
strnet  Mi'.  Adams. 

The  instrnetions  tlier<Mipon  written  to  Mr.  *Adams  arci  in  the  [73J 
same  tone.''  Mr.  Seward  e\pi('ss(\s  regret  that  the  ibilish  and 
French  governments  shonld  have  sei'ii  lit  to  take  Joint  action  in  the 
matter;  he  relnsesto  admit  that  there  are  two  belligerent  ))arties  to  tin? 
straggle;  he  expressis  regret  that  (ireat  Lritain  di<l  not  await  the 
arrival  of  Mr.  Adams  before  instrncting  Lord  Lyons,  as  Mr.  Adams's 
instrnctimis  c.«)vered  the  whole  gronnd;  bnt  he  nowhere  manifests  a 
knowledge  of  the  pnrpose  of  (Jn'at  IJritain  to  enter  into  coinmnniea- 


Vol.  1,  i)ii^o  [)2. 
Vol.  1,  itilgo  lilt. 


Vol.  I.  iiajjc  uf).       •'  Vol.  I,  pag(5 .%. 


Vol.  I,  1) 


pagf  0-J 


6  Vol.  1,  page  "205. 


UNFRIENDLINESS    OF   GRICAT   BRITAIN. 


'6h 


^ 


Tf  r  111  i  n  :i  linn  i.l 
n-'cnti  iimuH  with 
l'nil.,1  St.lti'.<. 


tioiis  with  the  insurgents  at  Kiclimond.    That  was  stndiously  conceahMl 
tVoni  him. 

The  nojfotiations  woro  then  transferred  aijain  to  London,  to  the  "  pro- 
fownd  surprise"'  ot  ]Mr.  Adams.  Tiiey  were  protracted 
there  until  the  lOtli  of  Auyust,  wlien  Lord  I'ussell  inlornuMl 
i\Ir.  Adums  tiiat  Great  Britain  eould  only  receive  the  assent 
of  the  United  States  to  the  Declaration  of  Paris  ujjon  the  condition  that 
Her  Majesty  should  Jiot  thereby  "  undertake  any  enjiagetnent  which 
should  have  any  bearin,u',  direct  or  indirect,"  upon  the  insurrection. 
Ti»e  United  States  detdined  to  l)e  put  u])on  a  dllVerent  footing- from  that 
of  tlie  forty-two  ijulependent  I'owers  enumerated  in  Lord  IJusseirs  No. 
I'M  to  Lord  Lyons,  whose  assent  had  Innni  received  without  conditions, 

and  the  negotiations  drop])ed. 
[74]  *Tlie  arbitrators  will  thus  perceive  that  Her  JMajesty's  Govern- 

ment, having  n^cognized  the  insurgents  as  belliger- 
ents, felt  itself  bound  to  receive  the  assent  of  the  United  .■.ire7tlMe8'Uiz."  pr7 
States  to  the  declarations  of  the  Congress  of  Paris  only  '"'""'°- 
conditionally,  so  as  to  have  no  bearing  upon  letters  ot  marque  that  might 
be  issued  by  the  insurgents.     IJut  tliey  will  also  observi;  that  tiie  two 
steps  of  the  recognition  of  belligerency  and  the  invitations  to  assent  to 
the  second  and  third  clauses  in  the  declarations  were  taken   sinudtane 
ously,  in  accordance  with  a  previous  arrangen)ent  for  Joint  action  ;  and 
it  is  not  iu) possible  that  they  may  come  to  the  conclusion  that  Her 
INIajesty's  Government,  when  the  insurgents  were  recogJiized  as  belliger- 
ents, cont(Mni>lated  that  they  would  proceed  to  issue  letters  of  maniue. 
and  intended  to  legalize  those  letters  in  the  eye  of  ]iritish  law,  and  to 
countenance  the  bearers  of  them  in  the  destruction  of  American  coui- 
meice. 

Meanwhile  Lord  Lyons  had  not  forgotten  liis  instructions  to  secure 
the  assent  of  ^Mr.  Jellerson  Davis  to  the  second  and  third  rules  of  the 
J)e<'laiation  of  Paris. 

On  the  5th  of  July  he  sent  instructions  to  3Ir.  Ibinch,  l>ritish  Consul 
at  Charleston,  to  "oI»tain  fnun  the  existing  governnu'nt  in 
thosi'  [the  insurgent]  States  securities  concerning  the 
[75]  proi>ef  treatment  of  neutrals."'  He  inclosed  a  copy  of  *Lord 
liussell's  I'M.  He  advised  3Ir.  Lunch  not  to  go  to  IJiehmond,  but 
to  comnuinicate  through  the  governor  of  the  State  of  South  (Jarolina, ; 
and  he  accompanietl  this  with  ''a  long  private  letter  on  the  same  sub- 
ject." ^The  nature  of  that  private  letter  may  be  gathered  from  what 
Mr.  Bunch  did. 

He  put  himself  and  his  French  colleague  at  once  in  communication 
with  a  gentleman  wlu»  was  well  qualified  to  serve  his  puri)ose,  but  who 
was  not  the  governor  of  South  Carolina.  They  showed  to  this  agent 
Tiord  John  Russell's  dispatch  to  Loid  Lyons,  and  Lord  Lyons's  oflicia! 
and  private  letteis  to  Mr.  Bunch,  and  they  told  him  that  the  step  to  be 
taken  was  one  of  "  very  great  signilieance  and  imi»ortance."  The  agent 
asked  them  whether  they  "were  prepared  to  receive  an  ollicial  act 
which  should  be  based  upon  their  request,  thus  giving  to  the  Coiiteder- 
ate  Government  the  advantage  before  the  worhl  (,f  such  an  imidied  re- 
cognition as  this  would  afl'ord."  ^  They  replied  that  they  "wished  a 
sjtoutaneous  declaration  ;"  "that  to  make  this  request  the  declared  basis 
of  the  act  would  be  to  iiroclaim  this  negotiation,  and  the  intense  jeal- 
ousy of  the  United  States  was  such  that  this  would  be  1'o1Iow(,m1  by  the 
revocation  of  their  exequaturs,"  which  they  wished  to  avoid  ;  that  could 


N'''?'Hi  ttioni 
llirlnijnll.l. 


'  Vol.  I,  puji !  71. 


« Vol.  I,  page  1211. 


3  Miiimscript  in  Depaitaient  of  State. 


36 


UNFRIENDLINESS    OF    GREAT    HRITAIN. 


only  look  upon  tliir,  s^-p  as  tlio  initiative  toward  a  i  'co<j:nition, 
yvt  the  ohji'ct  of  thrh'  (lovcrmiunit  bcinjif  to  roach  that  *r('(.-o;4iii-      ['()] 
tioii  jira'hially,  so  as  not  to  j^ivo  jjood  juronnd  lor  a  hrcacJi,  tl)is 
indirect  way  nas   absolutely  necessary."     And  they  added,  "-All  we 
have  a  rijjht  to  ask  is  that  you  shall  not  mi "(>  publicity  to  this  negotia- 
lion  ;  tha*^  we  nor  our  (i(>vernnients  should  b(»  upon  the  record."' 

Their  ai>ent,  beln^'  thus  possessed  of  their  views,  went  to  liicluuond, 
with  ijord  Lyons's  letters  and  Lord  Ifussell's  dispatch,  and  whll(>  there 
lie  .secured  the  passati'c,  in  the  insur.i>ent  cou.ni'css,  of  resolutions  partially 
.Irau.i'hted  by  Mr.  .lelferson  Davis,  which  declared  their  purpose  to 
observe  i)riuciples  toward  neutrals  siuiihir  to  the  second  and  third  rules 
of  the  Declaration  of  l*aiis:  that  blockades  to  be  bindin.iX  n)n»t  be 
ellectiial ;  aiul  that  they  '■'■  maintained  the  riglif  of  prirtdccrinf/.^''  In  coni- 
iinini<;atin.i';  this  result  to  Lord  Lyons,  iMr.  J>unch  said,  "  The  wifslics  of 
Her  M<ijc,sty\s  Government  icould  neem  to  hare  ()een  fiillf/  met,  for,  an 
no  propanal  was  made  that  the  Confederate  Government  .should  aholiNk 
privateerinn,  it  eoitld  not  he  expected  that  they  should  do  so  of  their  oirn 
aeeord,  partieularbj  as  it  is  the  arm  upon  n-hieh  tlieij  most  reli/for  the  injnrjf 
oj  the  extended  eommeree of  titeir  envnvj.'''''  ^The  I'nited  States  think  that 
the  tribiuial  of  Arbitration  will  ai;ree  with  I\lr.  Jjiuich,  that  it 
was  *not  expected  that  the  insurgents  would  abolish  [)rivu-  [77] 
leering. 

The  Tiibtuial  of  Arbitration  cannot  fail  to  observe  that  the  i)roposi- 
ti;)ns  which  were  made  ni  these  negotiations  to  the  (loverninent  of  tlu^ 
United  States  were  coninniuicated  to  the  insurgents,  while  pains  wvre 
taken  to  conceal  from  the  L^nited  States  the  fact  that  negotiations  were 
opcMU'd  at  liichmond;  that  Earl  Kussell  refused  to  recei\e  the  as.seut  of 
the  United  States  to  the  Declaration  of  I'aris,  except  upon  conditions 
derogatory  to  tlieir  sovereignty  ;  and  that  Lord  Lyons  was  instructed  to 
secure  the  assent  of  the  Government  of  the  United  States  to  the  four 
piineiples  laid  down  by  the  Declaration  of  Paris,  while  he  was  in- 
structed, as  to  the  insurgents,  to  secure  their  assent  only  to  tiio  se(!ond, 
thiid,  and  fourth  ])ropositions;  and  had  no  instructions  to  take  steps  to 
prevent  i)rivateering  or  to  iiuluce  the  insurgents  to  aceejit  the  lirst  rule 
in  the  Declaration  of  Paris,  although  it  l'..ui  been  agreed  that  the  rules 
should  be  maintained  as  a  whole  and  indivi.si'ole,  iuul  that  the  Powers 
wiio  might  accede  to  them  should  accede  to  them  as  such.  The  jjracti- 
cal  eiiect  of  this  diplomacy,  had  it  been  successful,  would  have  been  the 
destruction  of  the  connnerce  of  the  L'nited  States,  (or  its  transfer  to  the 
British  'lag,)  and  the  disarming  aprincii)al  weapon  of  the  LTnitcd 
*Sta^ .  ujion  the  ocean,  should  a  continuation  oi'  this  course  of  [78] 
insincere  neutrality  unhappily  force  the  L'uited  States  into  ii  war. 
Greiit  P>ritain  was  thus  to  gain  the  beni'lit  tc  its  neutral  commerce  of 
the  recognition  of  the  second  and  third  ,'nticles,  the  rebel  privateer 
cruisers  were  to  be  jirotected,  and  their  devastation  legalized,  while  the 
United  States  were  to  be  deprived  of  a  dangerous  weaj)on  of  assault 
ui)ou  Great  Dritain. 

When  the  whole  story  t)f  these  negotiations  was  uiulerstood  by  ]Mr. 
Adams,  he  wrote  to  hisCiovernnu'nt  as  follows: ' 

"  It  now  appears  plainly  enough  that  lu',  wanted,  from  tfie  first,  to  ge-t 
.  the  fust  article  of  the  Declaration  of  Paris  out  of  the  nego- 
tiation altogether,  if  lie  could.     l^)Ut  he  did  not  say  a  word  of 
this  to  me  atthe  outset,  neither  was  it  consistent  with  the  position  hereto 


Mr.  .V.I.-.iuh' 
ini'iiii. 


II 


'  Uiiiuililislicd  numuscript  in  the  DcpiirtiiK'nf  of  State  at  Wa.sliiiigtDii. 
-  Vol.  1,  page  i;{7.  ^  Vol.  1,  page  i:{().  *  Vol.  I,  page  103. 


UNFRIENDLINESS   OF    GREAT   BRITAIN. 


37 


fore  tfikoii rcspcctiiis' tin* iKH-essityof  a('C('|)tin<j: tlio  decliiintion  ' pure  aiid 


siiiipU 


^Vllat  1  it'colk'ct  liini  to  liavo  said  on  the  18tli  of  3Iav  was. 


that  it  liad  been  the  disi)o.siti()n  of  his  Goveninient,  as  eoiiiinunieated  t() 
Loi'd  Lyons,  to  aj^ree  upon  almost  any  teinis,  resj)eetin<i'  the  liist  aiiiele. 
that  uii.yht  suit  the  (iovenunent  of  the  Unite<l  States,    AVlien  reminded 

of  this  afterward,  he  modilied   tlie  statement  to  mean  that  th(! 
[70]      artiek^  nii^ht  be  omitted  altoj^ether.     It  now  *tiinis  out,  if  we 

may  Judjie  irom  the  instructions,  that  h<^  did  uot  i)re('isely  say 
citlier  the  one  thin,i>'  or  the  other.  Substantially,  incU-ed,  he  mif>ht  mean 
tliiit  the  "icneral  law  of  nations,  if  ailirnu'd  between  the  two  CJovern 
n.ents.  would,  to  a  certain  extent,  atlaii)  the  object  of  tlie  iirst  aiticleol 
the  Declaration  of  Paris,  without  the  adoi>lion  of  it  as  a  new  prineiiik*. 
I>ut  he  must  have  known,  on  the  day  of  the  (hite  of  these  instructions, 
ivliich  is  the  rtrji  da)/  of  his  first  confvnncc  irilli  nic,  and  four  days  aftei 
the  issue  of  the  (^)ueeu's  Proclamation,  that  the  Government  of  the 
United  States  contemplated,  in  the  ])endin^'  stiu.u\ule,  neither  encomaj;- 
inf>' privateers  noi' issuinji"  letters  of  niar(|ue;  hence  that  such  a  i)ropo- 
sition  would  only  complicate  the  nej^otiation  for  no  usdid  ])urpose  what- 
ever. Picsides  which,  it  should  be  borne  in  mind  that  the  e1fe(;t,  it 
ado[>fed,  would  have  been,  instead  of  a  sin)i)le  adhesion  to  the  Declara- 
tion >'-■  i^n■i^■.,  to  render  it  necessary  to  reojx'U  a  sericvs  of  n(\i;()tiatinns 
fo  ■)■  ni-'iiiication  of  it  between  all  the  luimerons  parties  to  that  instru- 
Diviit.  .iloK  .)ver,  it  is  admitted  by  his  Lorckship  that  no  ])owers  had 
been  f;iven  to  inake  any  convention  at  all — the  parties  could  oidy  a.nree. 
Yet,  without  such  powers,  whai  was  the  value  of  an  aj!>reement .'    I'or 

th(^  Declaration  of  Paris  Avas,  by  its  very  terms,  bindinji'  only  be 
[80]      t  ween  parties  who  acceded  to  it  as  '''a  whole.     Ili'r  ^lajesty's  (Jov- 

ernment  thus  i)laeed  themselves  in  the  ])ositi(m  of  a  jiarty  which 
l>roposes  what  it  jiives  no  authority  to  perlbini.  and  which  ne,!j,()tiat'  s 
ujion  a  basis  on  which  it  has  already  deprived  itself  of  the  power  to 
conclude. 

'•  How  are  we  to  reconcile  these  inconsistencies  ?  r)y  the  terms  of  the 
QucM'n's  J'loclamation  his  lordship  must  have  been  aware  that  (Ireat 
Dritain  had  released  the  United  States  from  further  .esponsibility  for 
the  acts  of  its  new  itiade  bellijierent  that  was  issuinj>'  letters  of  niarcpie, 
as  well  as  from  Hie  ])ossible  oifensesof  privateers  sailinji' under  its  Shv^-, 


and  vet.  when 


nvernment  of  the 


iled  States  <omes  forward  and 


deelaies  its  ;';.  -m  sii;'jn  to  accei)t  vhe  terms  of  tlie  Declaration  of  I'aris, 


l>uie  a 


nd 


Si.   i|. 


receive  the  ver; 
it  mi^^ht  i)ossil. 


(lovernment  of  ller  ^Majesty  cannot  consent  to 
t^  that  they  have  been  all  along  askinj>'  for,  because 
'1  them  to  deny  to  certain  privateers  the  ri;;hts 
which  may  acci lie  *.)  them  by  virtue  of  their  voluntaiy  recognition  of 
them  as  be!onginj>:  to  a  belligerent  ])owei'.  Yet  it  now  appeals  that,  on 
the  ISth  ol  3Iay,  tlie  same  (iovernment  was  willi^ig  to  reaflir  ii  the  law 
of  nations,  which  viituaily  involved  the  very  same  diil'Mndty  jn  the  one 
hand,  wliik'  on  the  other'  it  had  given  no  r,owers  to  negotiate  a  new  con- 
vention, but  conteiiii)Iated  a  sim])le  a<lliesi(ui  to  llie  old  declaration 
on  *r;.  ))art  of  the  Unite('  States.  The  only  way  by  which  1  can 
exp  i  hese  various  involutions  of  jiolicy  with  a  projier  regard 
to  Lord  \\\\  ^s<  (i's  character  for  straightforwardness,  which  1  have  nodis- 


[81] 


posituui  to  in 


this:  He  may  have  instructed  Lord  Lyons  j)rior 


to  the  ISth  of  I't  *y,  The  day  of  our  first  (conference.  I  certainly  received 
th;'  impression  that  he  had  «lone  so.  Or  he  may  have  written  the  pai)er 
befoie  one  o'clock  of  that  day,  and  thus  have  referred  to  the  act  as  a 
thing  completed,  though  still  within  his  power,  in  order  to  get  rid  of  the 
^uoposition  to  negotiate  directly  here,    (if  that  1  do  not  pretend  to  judge. 


38 


UNFRIENDLINESS   OF   GREAT   BRITAIN. 


ContriiHt  Ifdweon 
mndml  ol'  Grrvit 
lliilairi  towartl  the 
BniusI  Sl:!ti':>.  in  llii' 
Tri'lU  illi.iir.  ;iiiil  lo- 
v.T.rd  vinhilcu-H  of 
llri'i,-li  [ii'iilnilily  in 
ihe   in^ui.;i'iit   iiilci- 

I'St. 


But  neither  in  one  case  nor  in  the  other  was  there  the  smallest  iiitima- 
tion  of  a  desire  to  put  in  any  caveat  whatever  of  the  kind  projjosed  in 
his  last  declaration.  Tliat  seems  to  have  been  an  aft<'rthouinht,  sug- 
gested when  all  other  obstacles  to  the  success  of  a  negotiation  liad  been 
remo\ed. 

"That  it  originated  with  Lord  Knssell  I  cannot  credit  consistently 
with  my  great  respect  tor  his  chaiacter. 

"That  it  was  suggestc'd  after  his  proposed  (;;>nsultation  with  his  col- 
leagues, and  by  some  member  who  had  m  view  tlu^  defeat  of  the  nego- 
tiation in  the  interests  of  the  insurgents,  I  am   strongly  inclined  to 
believe.    The  same  inlluence  may  have  been  at  work  in  the  earlier 
stages  of  the  business  *as  well  as  the  latest,  and  have  communi-      [82] 
cated  that  unecMtain  and  in^lirect  movement  which  I  have  com- 
mented on,  not  less  inconsistent  with  all  my  notions  of  Ids  lordship's 
character  tlum  with  the  gen<'ral  rei)utation  of  JJritish  policy.'" 
The  partial  ])nrpose  which  was  thus  disclosi'd  in  the;  first  olhcial  act 
of  the  Queen's  (Jovernment,  after  the  issue  of  the  i)roclama- 
tion  of  neutrality,  appears  often  In  the  subsequent  conduct 
of  that  (Government. 

Tiius,  when,  a  few  ;  .  '  later,  an  ofticer  of  the  Navy  of 
the  Unit«Hl  States  had  i,.  Irom  the  deck  of  a  Jbitish  ves- 
s(>l  on  the  high  seas  four  |,,  minent  agents  traveling  on  an 
errand  that,  if  successful,  would  lesult  in  disaster  to  the  Uniied  States, 
against  which  they  were  in  rebellion,  the  course  of  the  JJritish  Cal>inet 
indi<.'ated  an  unfrieiMlliiiess  so  extreme  as  to  approach  to  a  desii'c  for 
war.  Tli(!  news  of  this  reached  both  countries  at  about  tlui  same  time. 
In  the  United  States,  whiU^  there  was  some  excitement  and  some  Jiiani- 
festation  of  ])leasure.  Lord  l^yons  bears  witness  to  the  moderation  of* 
the  tone  of  the  i)r«'ss.'  ]\Ir.  Seward  immediately  wrote  Mr.  Adams  to 
ac(praiiit  him  that  the  act  of  Captain  Wilkes  was  unauthorized,  and  Mr. 
Adams  communicated  this  fact  to  Lord  Itussell.- 

*  The  excitement  in  Englaml,  on  the  contrary,  was  intense,  and  [S,")] 
was  fanned  into  animosity  by  the  jtress.  Although  without  in- 
formation as  to  the  purpose  of  the  (lovernment  of  the  United  States, 
perem])tory  instructions  were  immediately  sent  to  Lord  Lyons  to  de- 
mand the  release  of  the  four  gentlemen,  and  t<  Iwive  Washington  with  all 
the  members  of  the  legation,  if  the  demand  was  not  complied  with  in 
seven  days.'' 

in  anti(Mpation  of  a  refusal,  vessels  of  war  were  hurriedly  fitted  out 
at  the  naval  stations,  and  troops  were  pressed  torward  to  Canada.  In 
the  midst  of  this  i»reparation  Lord  liussell  received  from  3Ir.  Adams 
oilicial  injbrmation  that  the  act  had  not  been  autliori/.ed  l)y  the  Govern- 
ment of  the  United  States;  but  this  intelligence  was  suppressed,  and 
public  oi»inion  was  encouraged  to  drift  into  a  stale  of  hostility  toward 
the  United  States.  The  arming  continued  with  ostentatious  publicit,v; 
the  warlike  i)rei)arations  went  on,  an<l  the  peremi)tory  instructions  to 
Lord  Lyons  were  neither  r<»voked  nor  in  any  sense  modilied. 

Contrast  this  conduct  of  C-eat  JJritain  with  rel'erence  to  a,  violation 
of  British  sovereignty  that  li  id  not  been  auth()ri/,e<l  or  assumed  by  the 
(lOvernment  of  the  United  States,  and  that,  to  say  the  least,  could 
be  plausibly  defended  by  reference  to  *the  decisions  of  Sir  Wil-      [84] 

'Lord  Lyons  to  Earl  KiisHoll,  Nov.  25,  1861,  Hliio  Book  No.  5,  North  AiiHiricix,  18G'-J, 
I)iip;(>.  1(1. 
-  li^iiil  liussi'U  to  Lord  Lyons.     Siuno,  piijjc  11. 
^  Earl  liussell  to  Lord  Lyons.    Bluo  Book  No.  6,  Noitli  Anioricu,  18l>'2,  pngti  IJ. 


UNFRir.NftLINESS    OF   GREAT    BRITAIN. 


39 


t  i nti ma- 
il )o.s{mI  iu 
ulit,  sug- 
liid  been 

sisteiitly 

1  his  col- 
he  uego- 
'lined  to 
er 

,i-      [82] 
in- 
ordship's 

licinl  act 

froclainii- 

condncb 

Nivvy  of 
itish  ves- 
iiji'  on  an 
(1  Sillies, 
I  Cal.uix't 
lesin;  lor 
line  lime, 
me  niani- 
ration  of" 
Mliiins  to 
11  id  Mr. 


I 


[H-A] 


Stilt  es, 
to  de- 
with  all 
with  in 

tted  ont 
ida.  In 
Adiiiiis 
iovern- 
sed,  and 
toward 
l)lieit,y ; 
tionw  to 

ioliition 
by  the 
<1 

_m 

ica,  ISOa, 
3. 


linm  Scott,^  with  its  conrse  e()neeriiin,ij  the  open,  nndisjinised,  oft-ro- 
peated,  Ihijurant,  and  indoieiisil)l<»  violalions  of  IJritish  sovereiiiiily  by 
the  ajients  ot  tlii'  iiisiirj;eiils  in  Liverijool,  in  Cilasgow,  in  London,  in  Nas- 
sau, in  l>erinnda,  it  may  almost  be  said  wherever  thi!  IJritish  llaj>'  could 
yivethem  shelter  and  i)rot('eiioii.  When  tho  information  as  to  tiie  Flor- 
ida was  conveyed  to  Her  Majesty's  Principal  Secretary  of  t.tate  lor  For- 

eij4'"  Ali'airs,  he  interposed  no  objection  to  her  sailiiijj;  from  Liv- 
[S~)\      erpool.     \Vlien  the  oxcrwlielmin;;-  *inoof  of  the  complicity  of  the 

Alabama  was  laid  before  him,  he  delayed  to  act  until  it  was  too 
late,  and  then,  by  his  nej^h'ct  to  take  notice  of  the  notorious  criminals, 
he  en(!onrayed  tlie  guilty  Laird  to  construct  the  two  rebel  rams — the 
keel  of  one  of  thom  being  laid  on  the  same  stocks  from  which  the  Ala- 
bama had  Just  been  launched.-  When  the  evidence  of  the  character 
ai'il  destination  of  those  rams  was  brought  to  his  notice,  he  held  it  for 
almost  two  months,  although  they  were  then  nearly  ready  to  go  to  se-it, 
and  then  at  lirst  refused  to  stoj)  th{>m.  \^'iser  and  more  Just  counsels 
jnevailed  four  days  later."  And  w  hen  Mr.  Adams,  nmler  instrm^tions 
from  his  Govoinnient,  transmitted  to  Earl  Kussell  convincing  prool'  of 
"'a  deliberate  attemiir  to  establish  within  the  limits  of  this  kingdom 
|(ireat  Britain  |  a  system  of  action  in  direct  hostility  to  the  (Government 
ol' the  United  States,'*'  emlnacing  '-not  only  the  luiilding  and  litling 
out  of  several  ships  of  war  under  the  direction  of  agents  esi)ecially  com 
missioned  for  the  i)urpose,  but  the  preparation  of  a  series  of  measures 
under  the  same  auspic<'s  ibr  the  obtaining  from  Her  ^lajesty's  subjects 
the   pecuniary    me;ins    essential    to    the    execution    of   th(i>e    hos'ilo 

in'ojects,""'    Lord    L'usseU  lelused  to  see  in  the  inclosed  pap(>rs 
[SOj      any  *evideiice  of  those  tjuits  worthy  of  his  attention,  or  of  the 

action  of  Her  .Majesty's  (iovernmeiit.'' 
It  is  not  surprising  that  the  consistent  course  of  jiartiality  toward 
the  insurgefits,  which  this  Minister  e\'nced  throughout  the  struggle, 
should  have  drawn  fioin  Mr.  Adams  ihe  des[tairing  assertion  that 
he  was  '' perniirting  himself  to  be  deluded  by  what  I  cannot  helj) 
thinking  the  willful  blindness  and  credulous  partiality  of  tie  J3ritisii 
authorities  at  Liverpool.  From  cxix-riciicc  /;•  the  punt  I  hare  i,tile  or  no 
conjidincv  in  any  ajyplication  that  mat/  be  made  of  the  kind.-'''    The  prob- 

'  Tho  Atlanta,  ()  t'liJiilf's  Udbiiinoii's  Kciiorts.  i»ap'  1 10.  On  the  ircoi])!  ol' tin?  novvs 
in  London,  llu'  Tunes  of  Xuvcnihi'i' 'J.-^,  isiil.  juililislK  d  a  li'ailin;;-  aiticlc  wliicli  (.oii- 
tainctl  .some  Ktatcnionts  worthy  of  note.  AniKnij  other  tliiiij^s  it  said:  '•  I'nwcli'onioas 
ti'c  truth  may  lu',  it  is  ncvcnlifloss  a  trnt'i.  tliat:  wo  liavc  onrsdvi's  estalilislied  a  sys- 
tem of  Inteniatioual  La\\  wliieli  now  tells  a<;ainsl  ns.  In  hinli-haiided  and  almost 
deypolio  maimer  we  lia\e,  in  JDrniei- days,  elaiined  iuivilej;es  over  neutrals  wliicli  liavo 
at  ditlereiit  tunes  handed  all  (lie  mi'.ritimo  powers  ot  tin;  world  against  ns.  We,  have 
insisted  even  ujjon  f.toppin.u  the  ships  of  war  of  neutral  nations,  and  takinjj;  I'lritisli 
sidi.jeets  (Hit  of  tln'ni  ;  ami  an  instunee  is  ^iven  liy  .leHersoii  in  his  Memoirs  in  which 
t.wo  nepln-ws  of  \Vashini;toii  wert  imjiressed  liy  onr  eiuisers  as  tiny  wore  retnniinj; 
from  KiU()})0,  and  iilaeod  as  eomnion  seamen  iiiKler  tlio  dis(i))line  of  ships  of  w;ir.  We 
liavc!  always  tieeii  ilio  sironnons  asserters  of  llio  ii:;htsof  liolIi;j;erents  over  iu;ntra!s, 
and  the  deeisions  ot  onr  ciants  of  law,  as  they  must  now  ho  eiied  by  onr  law  otlieAjrs, 
have  hoeii  in  conliriiiat ion  of  these  miroasonahle  claims,  which  have  called  into  bi;in<; 
confederations  and  armed  neutralities  aj'ainst  ns,  and  w  hieli  have  always  heon  nnxli- 
lied  in  practict!  when  wc  were  not  supreme  in  our  <lominiun  at  sea.  Owinj;  to  these 
facts  the  authorities  which  may  htr  cited  on  this  fiuestion  are  too  nnmercus  an<l  too 
imiform  as  to  tlu- ri;iht  of  search  hy  helligereut  ship.s  of  war  over  neutral  merchant 
vessels  to  he  disputed.  »*»##, 

•'  It  is,  and  it  always  has  briiii,  vain  to  aj)peal  to  old  folios  and  hyj^one  aiitiioritics 
injustilication  of  acts  which  every  r.n,;;li(>hman  and  every  Frenclunau  cannot  hut  foel 
to  ho  injurious  and  insultiu}j;."  See  also  tho  oasi;  of  Henry  Laurens,  I)i[».  (.'or.  of  Rovo- 
liition,  Vol.  I,  page  70r*,  vt  ncq. 

•Mr,  Dudley  to  Mr.  yowurd,  Vol,  II.  pajjo  M'k  'Vol.  II,  page  'JiVi. 

*  Vol.  I,  page  .'itl'v',  ■■  Vol.  I,  pago  Cili-i.  "  Vol.  I,  pago  578.        "  Vol.  I,  pago  55J"J. 


■^ 


40 


UNFRIENDLINKSS    OF    GKKAT    BRITAIN. 


:i 


able  ('X])laiiation  of  Lord  Iin.sscir;^.  cotnsc  is  to  be  foiiiid  in  lii.s  own 
(loclavalioii  in  tlic  lloiisc  ol  LokIs:  "Tlu'ic  niny  be  one  end  of  tlie  war 
that  woidd  ]>rove  a  calamity  to  tlie  United  States  and  to  liie  world,  and 
especially  calamitous  to  the  ne^i-o  race  in  those  countries,  and  th;'.t 
would  be  the  sui)jn<^ati<tn  ot'  the  South  by  tlu'  Noith."'  He  did  not 
desire  that  the  United  States  should  .succeed  in  their  eil'orts  to  obtain 
that  result.  The  policy  of  (Ireat  lUitain,  under  his  <>uidan(!«',  but  Ibr 
the  exertions  and  saerilices  of  the  people  of  the  United  States,  migli*. 
have  pu'Nentcd  it. 

The  insincere  neutrality  which  induced  the  Cabinet  of  London  to 
hasten  to  issue  the  Queen's  rroclamation  n])on  the 
.o-i'-;  •.I'i^lu^'im'ui;  eve  of  the  <lay  that  ]\lr.  -Adams  was  to  arrive  in  Lon-      [S7j 
iicutr.iuij.  don,aiul  which  pi-ompted  tlu'conns<'lin.us  with  Franc(S 

and  the  torttu)Us  courses  as  to  the  Declaration  (-.I'  the  (.'(;n,uress  of  Paris 
which  have  Just  been  unraveled,  has  been  well  d(  .-•ciibed  l)y  Mr.  IJolin 
Jacfpu'inyns:  "L'ideal  dn  i)ersonaj»e  iiciitranim  j>(fr//»w,  c'est  le  Juj^e 
qui,  dans  I'apolojiue  de  l'hi;itre  et  les  i)laideurs,  avale  le  cont<'iiu  du 
molliisque,  et  adjuj^c,  les  ecaillesaux  deux  beliijjercnts.  11  n'est  d'aucun 
l)arti,  nuiis  il  s'eni^raisse  scrupuleusement  :iux  dejicns  d(^  tons  deux. 
Une  Telle  coiiduite  de  la  pait  d*un  .urand  people  ]ieut  etreaussi  conforuM' 
aux  jjrecedents  (]ue  (;elie  du  venerable  inayistrat  dont  i)arle  la  fabit'. 
Mais  (piaiid  elle  se  fonde  sur  une  loi  jiositive,  sur  uno  re,uleadinise,  c'est 
line  jireuve  (pie  cette  re.^le  est  niauvaise,  couime  coiitiaire  u  hi  science, 
ii  la  di,unit(''  et  a.  la  solidarite  luiinaiue.'"- 

This  feeliii,u' of  i)ersonal  unfriendliness  toward  the  Unit^ed  States  in 
the  lea(lin,u'  nu'mbers  oi' the  British  (lovernnient  continiu'd  durinf>' a 
lon^'  portion  or  the  whole  of  the  time  of  the  commission  or  omission  of 
acts  hereinafter  comj)iained  of. 

Tluus,  on   the  J  1th  <lay  of  October,  in  the  y(>ar  1801,  Earl  liussell' 
ivm.f orn„r,i.„,i.  .sai<l,  in  a  ]>id)lie  speech   made  at  Newcastle:  "We 
bori'''!i'1i.V\'/nu':h  I'O^v  see  the  two  parties  (in  the  *  United  States)  eon-      [8SJ 
'^•''""'^^'  tendin.n'  to.uether,  not  upon  the  «pU'stion  of  slavery, 

thoujih  that  1  believe  was  probably  .he  oiij;inal  cause  of  the  quarrel, 
not  contendinji'  with  resjiect  to  free  trade  and  ])roteclion,  but  eontend- 
i:ij>:,  as  so  many  States  in  the  Old  \V(uid  liave  contended,  the  one  side 
tor  empire  and  tlui  other  foi-  indejiendence.  [Cheers.]  Far  be  it  Ironi 
ns  to  s«'t  ourselves  up  as  jud.ucs  in  such  a  contest.  But  I  cannot  help 
askin.u'  myself  freipieiitly.  as  1  trace  the  pro.uress  of  the  contest,  to  what 
good  end  can  it  tend  .^  |IIear!  IlearlJ  Supposing'  the  contest  to  eiul 
in  the  reunion  of  the  diflcrent  States:  supposing'  that  the  South  slnudd 
agree  to  euti-r  again  the  Federal  Union  v.iih  all  the  rights  guaranteed 
to  her  by  the  Constitution  ;  should  we  not  then  have  debated  over  again 
the  fatal  (]uestion  of  slaxery,  again  juovoking  discord  between  North 
and  Soutli  ^  *  *  *  But,  on  the  other  hand,  supposing  that  the  Fed- 
eral Government  completely  concpu'r  and  subdue  the  Southern  States; 
KUl'ijiosing  that  be  the  result  of  a  long  military  contlict  and  some  years 
of  civil  war;  would  iu)t  the  national  juosiierity  of  that  counti-y,  to  a 


great  dcgi'ce,  be  destroyed  i 


If  such  ari'  the  unhappy  result> 


which  alone  can  be  looked  forward  to  from  the  reunion  of  thesiMlilierent 
parts  of  the  North  American   States,  is  it  not  then  our  duty, 
though  our  voice,  and,  indeed,  *the  voice    of  any  one  in  this      [89] 
country,  may  be  little  listened  to — is  it  not  the  duty  of  men  wiio 


UNFRIENDLINESS   OF   GREAT    IMUTAIN. 


41 


■were  so  lately  frllow-citlzens — is  it  not  tlio  duty  of  men  who  profess  ;i 
r(';;iii(l  for  the  ]>riiieii)les  of  Christiniiity — is  it  not  the  duty  of  men  wlio 
wish  to  i)n'scrve  in  i)eri)etnity  the  saered  iiiheritaiice  of  lilx'rry,  to  en- 
deavor to  SCI'  whether  this  sanj^uinary  eonllict  trannot  be  put  an  end  to  '.'" 

]Mr.  (lladstone  also  spoke  at  Newcastle  on  the  Ttli  «lay  of  October, 
1.S(5l'.  It  is  scarcely  too  much  to  say  that  his  lanj^ua.ne.  as  well  as  nuich 
of  the  otiier  lanjiiia.u'e  of  members  of  Her  Majesty's  liovcrnmcnt  hereiii 
(]uote(l,  miiiht  well  have  been  taken  as  oU'eiisive  by  ti:c  L'niled  States. 
lie  said  : '  '•  We  may  liave  our  owti  opinions  about  slavery  :  we  nniy  be. 
for  or  ajrainst  the  South;  but  there  is  no  doubt  that  -lellerson  Davis 
and  other  leaders  of  the  South  have  made  an  army,  Tiiey  are  nud<in,y:, 
it  appears,  a  ir.ivy  :  and  they  have  made  what  is  moie  than  eitliei- — I  hey 
have  made  a  nation.  [Loud  cheers.]  *  *  *  We  r.iay  anvicipato 
with  certainty  the  success  of  the  Southern  States  so  far  as  reinanls  their 
separation  from  t!ie  North.  [Hear!  Hear!]  I  cannot  but  beUeve  thai 
that  evi-nt   is  as  certain   as  any  event  yet  future  and  conlinyent  can 

be."     [Hear!  Hear!] 
[00]         "In  a  debate  in   rhc  House  of  Lords  on  the  ."ith  of  February, 
1N(;;5.  Lord  Kussell  said:- 

"Tiiere  is  one  thin.u'.  however,  whi(!li  I  think  may  be  the  result  of  tlm 
stru.y.ule.  anil  wliich.  to  my  mind,  would  bc^  a  .ureat  cahimity.  That  is 
the  .suliji'.uation  ol'  the  South  l>y  the  North.  If  it  were  possible  tliat 
the  Lnieu  could  l)e  re  fornu'd  ;  if  tiie  old  feelin<4S  of  atn-ction  and  at- 
tachment toward  it  could  be  revived  in  tln^  South,  I,  ior  one.  wonhl  lie 
j^lad  to  see  the  rnioii  restored.  If,  on  the  other  hand,  tin'  North  were 
to  feel  tlia.t  separation  was  linally  decreed  by  the  events  of  the  war,  I 
sinudd  be  ,uiad  to  see  peace  established  upon  those  terms.  Lut  there 
may  be.  I  say.  one  end  of  tluj  war  that  would  i)rove  a  calamity  to  the 
United  StaJes  and  to  the  world,  and  esiiecially  calanutous  to  the  nei-ro 
race  in  tho.se  countries,  and  that  would  be  the  subjugation  of  the  Soutli 
by  the  North." 

Jn  a  spiiited  <lebate  in  the  House  of  Commons  on  the  I'Tth  of  IMareh, 
l.SOo,  31  r.  Laird,  the  builder  of  the  Alabama,  and  of  the  rams  which 
were  afterward  seized,  arose  and  attemi)ted  to  Justify  his  course  in  :v 
speech  which  was  received  with  i)rolonj;ed  cheering"  and  satisfaction  by 
a  large  portion  of  the  House.  Among  other  things  Avhich  he  then 
[91]  said,  and  which  wen^  received  as  *e.\i)ressive  of  the  views  and 
sentiments  of  those  who  cheered  him,  was  the  following:^ 

"T  will  allude  to  a  remaik  which  was  made  elsewhere  last  night — a, 
reinark.  1  presume,  api>lying  to  nw^  or  to  somel)ody  else,  which  was 
utterly  uncalled  for.  [Hear!]  1  have  only  to  say  that  I  would  rather 
be  han  '  (l  down  toi)Osterity  as  the  builder  of  a  do/en  .Vlabamas  than  fis 
the  man  who  applies  himself  deliberately  to  set  class  against  class  [loud 
cheers]  and  to  cry  up  the  institutions  of  another  country,  v.  hich.  when 
they  come  to  be  tested,  are  of  no  value  whatever,  and  which  reduced 
liberty  to  an  utter  absurdity."     [Cheers.] 

Two  years  later,  on  the  liUh  day  of  March,  18G5,  the  course  of  this 
mendter  of  the  Ilritish  House  of  Commons,  and  thi.s  extraordinary  scene, 
were  thus  notictd  bv  jMi-.  Bright :  ^ 

"Tnen  I  couu'  to  the  last  thing  I  shall  mention — to  the  question  of 
the  ships  which  have  been  preying  upon  the  commerce  of  the  United 
States.  I  shidl  confine  myself  to  that  one  vessel,  the  Alabama.  She 
was  binlt  in  this  country;  all  her  munitions  of  war  were  from  tiiis 
country  ;  almost  every  man  on  board  her  w  as  a  subject  of  Her  Majesty. 


'  Loiidon  Times,  Octoltor  d,  18(i2. 
^Loiuhm  Times.  Murcli  28,  18G3. 


^Voh  IV,  pns'' r):5.5. 
<  Vol.  V,  [);ige  ()-ll. 


42 


UNFRIENDLINESS   OF    GREAT    KRITAIN. 


i:' 


Slui  sailed  from  oiio  oC  our  vMof  ])()rt.s.     Slic  is  rcportcMl  to  Iiavo 
been  l)iiilt  by  a  *(lnii  in  wliom  ii  iiiciiibcr  ot'tliis  House  was,  and,      [1)2] 
I  pit'suMio  is,  iiitcresU'd.     Xow,  sir,  I  do  not  coniplnin,     I  know 
thai  once,  wlion  1  rolornsd  to  this  (lucstion  two  years  aj^o,  when  my  lion- 
orablo  friend,  the  member  lor  liradlbrd,  broMi>Iit  it  forward  in  tiiis  House, 
the  honorable  member  for  lUrkenhead  |Mr.  LairdJ  was  excessively  an  j^ry. 
1  did  not  (!omi)lain  that  the  mend)er  for  liirkeidiead   had  strui-k  up  a 
friendship  wit  li  ('a])tain  Seiumes,  who  may  be  described  as  another  sailor 
once  w;is  of  similar  pursuits,  as  beini;'  'the  niiUlest  mannered  man  that 
over  s(Mittled  ship.'    Therefore  I  (U)  not  complain  of  a  man  who  has  an 
ncciuaintanee  with  that  notorious  ])erson,  and  1  do  not  complain,  and  did 
not  then,  tliat  tlu^  member  for  JJirkenhead  looks  atlmirin^ly  up!)n  the 
j^realest  example  which  men  have  ever  seen  ot'the  fiieatest  crime  which 
men  have  (>ver  committed.     I  do  not  complain  even  that  lie  should 
ap|)laud  that  which  is  founded  upon  a  fiij^'antie  tralfic  in  livinj»'  llesh  and 
blood,  which  no  subject  of  this  realm  ean  entei'into  without  beinu'  deemed 
a  lelon  in  the  eyes  of  our  law  and  i)unished  as  such.     But  what  1  <k) 
complain  of  is  this:    thut  the  honorable  j;'entleman.  the  mendjci'  for 
IJirkeidicad,  a  magistrate  of  a  county,  a  deputy  lieutenant — whatever 
that  may  be — a  )'e[iresentative  of  a  constituency,  and  ha\  inj;'  u 
seat  in  tliis  ancient  and  honorable  assend)ly — l!i;:i  *l!e  should,  as      [\)'A] 
1  believe  he  did,  if  concerned  in  the  building-  oi   this  ship,  break 
the  law  of  his  counti'y,  drivint!,-  us  into  an  iiifr;i(tion  of  International 
liUW,  and  ti'catin.i;'  with  umleserved  disrespect  the  Proclamation  of  Neu- 
trality of  the  (t>uecn.     I  have  another  comfdaint  to  make,  and  in  allusion 
to  that  honorable  member.     It  is  within  your  recollection  that  when  on 
the  foiiner  occasion  he  made  that  speech  and  defended  his  course,  he 
declared  that  he  would  rather  be  the  builder  of  a  dozen  Alabamas  tliau 
do  somethin.ii'  which  nobody  had  done.     That  langua.y'e  was  received 
with  repeated  cheering'  from  the  opposition  side  of  the  House.     Well, 
sir,  1  undertake  to  say  that  that  was  at  least  a  very  unfortunate  cir- 
(tumstance.  and  I  b(\^-  to  tell  the  honorable  ji'entlemau  that  at  the  end  of 
tlu>  last  session,  w  hen  the  jiieat  debat'3  took  ])lac<^  on  the  question  of 
Dennmrk,  there  wcn^  many  men  on  this  si<le  of  the  House  who  had  no 
objection  whatever  to  see  the  present  (lovernment  turned  out  of  oliice, 
for  they  had  many  grounds  of  complaint  ayainst  them;  but  they  felt  it 
impossii)le  that  they  should  take  tlu^  resjionsibility  of  briugins;  into  otlice 
the  riyht  honorable  member  for  Buckinjuhamshire  or  the  party  who  could 
utter  such  cheers  on  such  a  subject  as  that." 

On  the  L*7th  of  .March,  ISO,},  i'n  a  debate  in  the  *  House  of  Com-     [i)4] 
mons  on  the  litting  out  of  these  piratical  cruisers,  Lord  Pahner- 
ston  said : ' 

•'There  is  no  concealing"  the  fact,  and  there  is  no  use  in  dis^uisini'-  it, 
that  whenever  any  political  ])arty,  whether  in  or  out  of  oftice,  in  the 
United  States,  limls  itself  in  diflieulties,  it  raises  a  cry  a.^ainst  Enji'laud 
as  a  means  of  creatin,u'  what,  in  American  language,  is  called  'political 
i'apital.'  'J'liat  is  a  practice,  of  coiuse,  which  we  nuist  deplore.  As  long 
as  it  is  confined  to  their  internal  alfairs  we  can  only  hope  that,  being 
rather  adaiig(U'ous  game,  it  will  not  be  (tarried  further  than  is  intended. 
When  a  government  or  a  larg(!  party  excite  the  passions  of  one  nation 
against  a.iother,  especially  if  there  is  no  just  cause,  it  is  nianiiest  that 
such  a  c«  vse  has  a  great  tendency  to  endanger  friendly  relations  between 
the  two  c>>untries.  We  uiiderst.iiid,  however,  the  ol)ject  of  these  i)ro- 
ceedings  in  the  present  instance,  and  therefore  we  do  not  feel  that  irri- 


'  Vol.  IV,  ))ago  5'.]0. 


UNFRIKNDLINKSS   OF   GRKAT    BRITAIN. 


43 


my  bon- 
i llouso, 
ViinjiTV. 
u'lc  lip  a 
('!•  siiilor 
mil  lliiit 

>  lias  iiii 

,  i\n(l<li(l 
p;)n  tlio 
le  wliicli 

>  should 
Icsli  iuul 

;•  (U'OHU'd 

hilt  i  «lo 
inbiT  i'or 
Ahatever 

as  [9;}  J 
ak 

viiational 
11  of  Neu- 
1  allusion 
when  on 
■ourse,  be 
mas  than 

lC'('C'iV(Hl 

0.  Well, 
\tv  cir- 
1k'  v\u\  of 
lu'Stion  of 
o  had  no 
of  ollicis 
ey  folt  it 
nto  ottice 
ho  could 


ni- 
iv- 


[i)4] 


M 


tation  viiit'h  niiftht  otherwise  bo  excited.  But  if  this  cry  is  raised  for 
tli<^  purpose  of  drivint''  Iler  INlaJesty's  (Sovernntent  totlo  somelliinjj:  which 
may  be  coutraiy  to  the  laws  of  the  country,  or  which  may  be  derojiatory 

to  the  dij;nity  of  the  country,  in  the  way  of  alterini; our  laws  for 
[!)."»!      the  purpose-  of  ])leasin,i;'  another  };ov*ernnient,  tlien  all  I  (^an  say 

is  that  such  a  course  is  not  likely  to  at'complish  its  purpose." 
On  the  .'JOth  ol  .June,  IHO.'J,   Mr.  Gladstone,  in  the  course  of  u  long 


sijcecli,  s 


lid: 


"  Why,  sii',  we  nnist  desire  the  cessation  of  this  war.  >so  man  isjus- 
tilied  in  wishin;;'  for  thect)ntinuance  of  u  war  unless  that  war  has  a  Just, 
an  adeciuate,  and  an  attainable  ol)ject,  f(n' no  object  is  a(h'(|uate.  no  object 
is  jtisr,  unless  it  also  be  attainable.  We  do  not  believe  tijat  the  icstora- 
tion  of  the  American  Uidon  by  force  is  attainable.  1  believe  that  the 
]»nblic  opinion  of  this  country  is  unanimous  upon  that  subject.  [No!] 
Well,  almost  unanimous.  I  may  be  ri.uht  or  1  may  be  wron.y' — 1  do  not 
l»retend  to  interpret  exactly  the  ])nblic  opinion  of  the.  country.  1  ex- 
jiressin  re.uard  to  it  only  my  inivate  sentiments.  ]>ut  J  will  j^o  one  step 
further,  and  say  1  believe  the  ])ul)lic  opinion  of  this  «-ountry  bears 
very  stronnly  (Jn  another  niatter  upon  which  we  have  hearcl  much, 
namely,  whether  tluMMimncipation  of  tlu^  neyro  race  is  an  ol)jectthat 
can  be  !e^;itimately  i)ursued  by  means  of  coercion  and  bloodshed.  I  do 
not  beli('\ethat  u more  fatalerror  was  (>vercommitted  than  when  men — 
of  hi,i;h  intelliticnce  I  yrant,  and  of  tlu^  sincerity  of  whose  jthilantln'opy 
I,  for  one,  shall  not  venture  to  whisper  the  smallest  doubt — 
[!l(,^  *came  to  the  conclusion  that  the  emancipation  of  the  ne,!;To  race 
was  to  be  sou.iiht,  althouj;h  they  could  only  travel  to  it  by  n  sea 
of  blood.  J  do  not  think  there  is  any  real  or  serious  ground  for  doubt 
as  to  the  issue  of  this  contest."' 

In  the  same  debate,  Lord  Palmerston,  with  an  niuisual  absence  of 
caution,  lifted  the  veil  that  concealed  his  feeliui^s,  and  said:- 

"^'ow,  it  seems  to  me  that  that  which  is  rnnninn'  in  the  head  of  the 
honorable  .gentleman,  [Mr.  Lirij'ht,]  and  which  j^uides  and  <lir<'cts  the 
whole  (!f  his  reasoniuji',  is  the  feelinji',  although  i)erhai)S  disguised  to 
himself,  that  the  Union  is  still  in  legal  existence;  that  there  are  not  in 
America  two  belligerent  parties,  but  a  legitimate  government  and  a  re- 
bellion against  that  goverinnent.  Now,  that  places  the  two  parties  in 
a  very  ditferent  position  from  that  in  which  it  is  our  duty  to  consider 
them." 

As  hite  as  the  Dtli  of  June,  18(54,  Earl  Ilussell  said"  in  the  House  of 
Lords: 

"  It  is  dreadful  to  think  that  hundreds  of  thousands  of  men  are  being 
slaughtered  for  the  puipose-  ol"  ])rcventing'  the  {Southern  States  i'rom  act- 
ing on  those  very  principles  of  inde])endence  which  in  177d  were  asserted 
by  the  whole  of  America  against  this  country.  Only  a  lew  years 
[J)7]  ago  the  *Ainericans  were  in  the  habit,  on  the  4th  of  .Inly,  of  cel- 
ebrating the  ])romulgation  of  the  Declaration  of  lndei)cndence, 
and  some  eminent  friends  of  mine  never  failed  to  make  elocpient  aiul 
stirring  orations  on  those  occasions.  1  ^vish,  while  they  kee[)  np  a  use- 
less ceremony — for  the  pres(Mit  generation  of  Englishmen  are  not  respon- 
sible for  the  War  of  Indei)endence — that  they  had  inculcated  upon  their 
own  minds  that  they  should  not  go  to  Avar  with  lour  millions,  live  mil- 
lions, or  six  millions  of  their  fellow-countrymen  who  waiit  to  put  the 
principles  of  177(1  into  operation  as  regards  themselves." 

The  United  States  have  thus  presented  for  the  consideration  of  the 


'  Vol.  V,  puge  (Kiti.  *  Vol.  V,  page  095.  » Vol.  V,  piific  507. 


44 


UNFRIKNDLINKSS    OF   GREAT    HUITAIN. 


Tiilmiial  of  Avbifration  llio  i)iil)li('ly  ('Xi)ross('(l  scntiuKMits  of  the  Iciul- 
iiiff  inciiibci's  of  the  I'vitisli  Oiiltiiict  oltlnit  diiy.  liord  I'iiliiicistou  \v;i.s 
the  rt'('o;,Mii/.('(l  liciul  of  tin-  (iovcniiiuMit.  Karl  Iiusscll,  who,  at  the 
coijniiciicciiicnt  of  the  iiiMiir('cli<)ii,  siit  in  the  House  of  Coiiiiiioiis  as 
Loid  .loliii  Jiiisscll,  was  (hiiiii^  llic  whole  tinie  Ilcv  Majesty's  riiiici|ial 
yeeictaiy  of  Stat(^  for  l"\)rei^ii  Allairs,  specially  eharycd  wilh  the  e.\- 
]n'essioii  of  the  views  and  fee! in, ivs  of  Her  Majesty's  (loveninient  on 
these  <|Mest ions.  Jjoth  were  anion.i;  the  oldest  and  most  tried  statesmen 
of  ICnrope.  j\lr.  Gladstone,  the  jjreseid:  distini^nished  ehief  of  tin; 
(Government,  was  then  the  ''('haneellor  of  the  Ivvehetpier ;  and  [OS] 
Lord  Campbell,  well  known  in  both  hemispheres  as  a  lawyer  and 
as  a  lover  of  letters,  sat  upon  the  woolsaclc  when  the  contest  bejifan. 
Lord  Westltnry,  who  succeeded  him  in  June,  ISdl,  was  the  <'hief  coun- 
selor of  the  policy  pursued  by  the  British  (loverment.  These  ficntlemen 
wer(^  eiitiiled  to  speak  the  voice  of  the  }4overniii;:>' classes  of  the  J-^mpire; 
and  the  United  States  have  l)een  forced  with  sincere  rejiret  to  the  eon- 
vii'tion  that  they  did  express  th<>  oi)inions  and  wishes  of  much  of  the 
cultivated  intellect  of  Great  Uritain. 

The  I'nited  States  would  do  ^reat  injustice,  how(»ver,  to  the  senti- 
uu'Uts  of  fheir  own  peoi)le  did  they  fail  to  add.  tl:-at  some  ol"  the  most 
ehxpient  voices  in  l*arliament  were  raised  in  bi-half  of  the  principles  of 
freedom  which  they  represented  in  the  contest;  and  that  members  ot 
tlu^  {govern iuj;"  (classes  most  ehnated  in  rank  and  distinguished  in  intel- 
lect, and  a  lar.L'C  part  of  the  indiistiial  classes,  were  understood  to  sym- 
pathize with  tliem.  They  cannot,  however,  shut  their  eyes  to  the  fact, 
au<l  they  nuist  ask  the  Tribunal  of  Arbitration  to  take  not?,  that,  with 
the  few  exceptions  refened  to,  thelea<linti'  statesmen  of  that  country,  and 
nearly  the  whole  periixlical  i»ress  and  other  t-hannels  through  which  the 
British  cidtivated  intelle(;t  is  accustomed  to  inllueuec^  ])ublic 
affairs,  *sustained  the  course  of  the  existin,!^'  (Jovernment  in  the  [!>!>) 
unfriendly  acts  and  omissions  which  resulted  so  disastrously  to 
the  United  States.  The  L^uited  States  conplaiu  before  this  Tribunal 
only  of  the  acts  and  onnssions  of  the  British  Goveiiunent.  They  refer 
to  the  expressions  and  statements  from  uuoilicial  sources  as  evidence  of 
a  state  of  public  oi)inion,  which  would  uaturally  encoiu'aii,'0  the  nu'mbers 
of  that  Government  in  the  policy  and  acts  of  which  the  United  States 
complain. 

It  is  not  worth  while  to  take  up  the  time  of  the  Tribunal  of  Arbitra- 
tion, by  an  in(piiry  into  the  reasons  lor  this  early  and  lonj>-coiitinned 
ludriendliness  of  the  British  Government,  toward  a  jvovcrnuuit  which 
was  supposed  to  be  in  symi)athy  with  its  ])olitical  and  moral  ideas,  and 
toward  a  kindled  peo[)le  with  whom  it  had  lonji'  maintained  the  attitude 
of  friendship.  They  may  have  been  i)artly  political,  as  exjjressed  in 
Parliameid  by  an  impetuous  UKMuber,  who  spoke  of  the  burstinj^'  of  the 
bubble  rei)ublie,'  (lor  which  he  received  a  merited  rebuke  from  Lord 
John  Biissell)-';  or  they  may  have  l)eon  those  <leclared  without  rebuke 
at  a  later  date  in  the  House  of  Conunons  by  the  pres<'nt  ^Marcpiis  ot 
Salisbury,  then  Lord  llobert  Ci^cil,  when  he  said'  that  "  they  [the 
peoi)le  of  the  South*ern  States]  were  the  natural  allies  of  this  [100| 
country,  as  ^reat  i)roducers  of  the  articles  we  needed  and  jjreat 
consumers  of  the  articles  we  supplied.  The  North,  on  the  other  hand, 
kept  an  op[)osition-shop  in  the  same  de])artnu'nts  of  trade  as  ourselves:" 
orthev  may  have  been  those  aunouiu'ed  by  Earl  Russell  last  year,  when 


'  lliuisanl,  ;?il  sciioH,  Vol.  103,  piif^c  I'M. 

« Siiuio,  1)11^0  •-iTU.  '•>  Vol.  V,  page  671. 


UNFRIENDLINKSS   OF   GRKAT    URITAIN. 


45 


■  the  load- 
'vston  Wiis 

1(»,    ilt    tlic 

innioiis  iis 

,  riiiici|i;il 

li  the  i'.\- 

iniiciit  on 

stati'siiu'ii 

tlic 

lUiil      [08] 

iiiid 

,'st  bcpm. 

•hictcouu- 

f^Clltlt'llU'll 

II'  Eiiii»irt' ; 
to  till'  coii- 
ucli  of  tlu' 

tlio  sciiti- 
il'  the  iiiost 

lill<M|»l('S  of 

lU'iiibcrH  ot 
"(I  ill  iiitel- 
)(><1  to  syiii- 
to  the  I'iK-t, 
,  that,  with 
)niitiy,iui(l 
I  which  the 
ihlii; 

I  the  [i)!»l 
ly  to 

is  Tiil)uiiiil 

They  lelei 

videiiee  t)f 

e  ineinbers 

itetl  States 

of  Arhltra- 
-continnetl 
leut  which 
i(h'as,  atui 
le  attitiuh' 
jji'essed  in 
tiii^'  of  the 
nun  Lord 
Hit  rebuke 
]Mar(iui«  ot 
[the 

tlii.s  [100] 
jieat 

)ther  hand, 
ourselves:" 
vear,  when 


.■«, 


siviiiir.'  "  It  was  the  ^Tciil  objeet  of  the  Ibitish  (lovernnient  to  pres(»rvo 
foi  tliesubject  llie  seeniify  of  trial  by  Jury,  and  for  the  nation  the  legi- 
timate and  lucrative  trade  of  ship-buildiu.L;." 

Witiioiil  laMsiiiiij;'  an  in(|uiiy  in  this  direction. which,  atthe  best,  would 
he  nro'itk'ss.  the  United  States  invite  the  careful  iittcntion 

'  I    '  '  ,  1     •      1  •  I  •  (.  nne|ii«ioii». 

of  llu   Arbitrators  to  tli<'  tacts  which  appeal'  iii  llie  previous 
p;iu('s()t  iliisCase.     In  appoachinj^  the  consideijit ion  of  the  third  branch 
of  tlie  subjects   herein   discussed,  in  which   the  I'liited   States  will  en- 
deavor to  showthat  (ireat  Ibitain  failed  in  her  duties  toward  the  United 

Stiiies lis  those  duties  will  be  deliiied  in  the  f.ecoiid  branch  thereof — tho 

Tiiluiiial  of  Aibitration  will  liiid  in  these  fjicts  circumstances  which 
could  not  but  inlluciK'e  the  mindsof  the  itiemlx'rsof  Her  .Majesty's (lov- 

eriimeiit,  aiid  induce  them  to  look  with  disliivor  upon  ellbrts  to 
[101]    rei)ress  the  attempts  of  iJiitish   subjects,  iind  of  *ot her  persons, 

to  violate  the  neutrality  of  Jbitisli  soil  and  wat«'r.s  in  favor  of 
the  rebels. 

Some  of  tlu'  members  of  the  llvitisli  ('.everniiient  of  that  day  seem  to 
have  iinticipated  the  coneliisiou  which  must  inevitably  be  dniwn  Irom 
their  aeis.  should  the  iiijuries  and  wroii.us  which  the  lliiite<l  Stnteshave 
suli'ered  <'V('r  be  br()U,u!it  to  the  iidjudication  of  an  impartial  tribunal. 

Lord  Westbury  (appointed  Lord  llijih  Chancellor  on  the  death  of 
Lord  Campbell,  in  flune.  ISO!)  declined,  in  the  House  of  Lorils,  in  bSOS, 
\h:\t  '■'  tlic  animus  n'ith  irliicli  (lie  neutral  J'oiro-N  acted  lea^  the  out i/ true 
erifiriou.  The  neutral  Tower  nii.uht  be  mistaken;  it  niij;li( omit  to  do 
somethinji;  which  ouj^Iit  to  be  done,  or  direct  soniethin,!;' to  be  done  which 
oiiuht  not  to  be  done;  but  the  (juestion  was  whether,  Iroin  beijinnini;' to 
end,  it  hail  acted  with  sincerity  and  with  a  real  <lesire  to  i)romote  and 
lucserve  ;i  spirit  of  neutrality.  *  *  *  lie  [Mr.  Seward]  siiid,  in 
efi'ect,  '  Whetlier  you  were  a  sincere  and  loyal  neutral  was  the  (piestioii 
in  disjiute.  and  that  must  be  Judged  from  a  view  of  the  whole  of  your 
conduct.  I  do  not  mean  to  ]>ut  it  merely  upon  the  particular  transae- 
tion  relative  to  the  Alabama.     I  insist  upon  it  in  that  cas(^  undoubtedly  ; 

but  1  contend  that,  from  befiinnin^i'  to  end,  you  had  an  unduo 
[102]    preference  and  predilection  for  the  Confederate  States;  *thatyou 

were  therefinc  not  loyal  in  .vour  neutrality;  and  1  aitpeal  to  the 
]>rocii)itan('y  with  which  yon  issued  your  Proclamation,  thereby  invnlv- 
iii!>'  a  recojjiiition  of  the  Confederate  States  as  a  belli^icrent  power,  as  a 
l)roof  of  your  insiiiceiity  and  want  of  impartial  attention.'  And  now, 
could  we  prevent  him  from  usinji'  Diat  document  for  such  a  purpose? 
How  unreasonable  it  was  to  siiy,  when  you  go  into  arbitration,  you  shall 
not  use  a  particular  document,  even  as  an  argument  ujjon  the  qiu'stion 
whether  there  was  sincere  neutrality  or  not."^ 

Such  is  the  use  which  the  United  St<des  ask  this  Tribunal  to  make  of 
the  foregoing  evidence  of  the  unfriendliness  and  insincere  neutrality  of 
the  British  Cabinet  of  that  day.  When  the  leading  members  of  tliiit 
Cabinet  are  thus  found  counseling  in  advance  with  France  to  secui'e  ii 
joint  action  of  the  two  governments,  and  assenting  to  the  declaration 
of  a  state  of  war  between  the  United  States  and  the  insurgents, 
before  they  could  possibly  have  received  intelligence  of  the  pur- 
poses of  the  Government  of  the  United  States;  when  it  is  seen  that 

the  Ibitish  Secretary  of  State  for  Foreign  Affairs  advises  tho 
[103]    lepresentatives  of  the  insurgents  as  to  the  course  to  be  *pursned 

to  obtain  the  recognition  of  their  independence,  and  at  the  same 

'  Earl  Russell's  Speeches  and  Dispatches,  Vol.  II,  page  2G6. 

2  Hausard's  PaHiameutary  Debates,  3d  series,  Vol.  (JXC'I,  pages  347, 348. 


' 


AG 


UNFIilKNDLINESS    OF    OKRAT    IJUITAIN. 


timo  rclusps  to  iiwiiit  Die  iiniviil  of  the  tiiislcd  rcprcsciitativo  of  tlio 
UiiiU'd  Stales  iH'forc  deciding'  to  rccoyni/c^  tlicin  as  U'llij^crciits;  wIumi 
ho  is  foiiiid  opcniiifi'  iicj^otiations  throiijili  Ilcr  iMajost.y's  diploiiiati** 
ivpicsciitalive  at  Wasldiij^'ton  witli  jx-isoiis  in  itIh'IIIoii  a;;aiiist  tlni 
United  States;  when  various  nieinheis  of  the  Ihitish  Cabinet  nw  seen 
to  eoiniiient  upon  tiie  ell'orts  of  the  Clovernnient  of  the  United  States 
to  suppress  the  rebellion  in  terms  that  iiulieate  a  strotij^'  <lesire  that 
those  etlbrts  should  not  sufu'ced,  it  is  not  unreasonable  lo  su))pose  thai, 
when  called  upon  to  <lo  acts  which,  niiuht  briuji;'  about  results  in  conllict 
Willi  tlieir  wishes  and  convictions,  they  would  lu'sitate,  discuss,  delay, 
and  refrain — in  fact,  that  tlu-y  would  do  exactly  what  in  the  subsetpie.iit 
paj^es  of  this  paper  it  will  ai)pcar  that  they  did  do. 


T 


A'e  of  tlie 

ts;  wlion 
i|)l()inati(' 
iiinst  the 

iU'C    SCHMl 

cd  Stiitos 
■sire,  tliut 

|)()S0  tllilt. 

Ill  coiiilict 
iss,  delay, 
il)si'(liie,ut 


[10,-1 


*rART  iir. 


TllH  JX'TIES  Wmcn  (ll.'KAT  lUMTAlN,  AS  A  Nl-UTRTAL, 
SHOULD  HAVE  OI5.SHIlV10i)  TOWAIil*  Till]  UlSlTi:!) 
8TATi:.S. 

The  .second  brinich  of  I  lie  .siiltjcct.  in  the  order  in  uiiieli  the  linited 
Stiites  desiie  to  |iresent  it  to  the  'rribuniil  of  Arhitriition,  .^  ,,,.,.,„ 
iii\(»lves  the  eoii,si(h'nition  of  tlie  (hities  whicli  (irciit  Urit-  um]V'l'''>"'r,-:!Z'- 
jiiii,  iis  a  neiitrid,  shonhl  Inive  ()hserve<l  t(>\\'iird  th«'  United  n'nJ!r"tt.."'i '.*"<" 
Stales  (hninji'  tlio  contest.  lJo\v<n'(!r  iimonsich-rately  and 
precipitately  issued,  Mu!  I*roclauiation  of  Nentrality  recojunized  the  oh- 
liuatidii,  under  the  law  of  nations,  to  undertalv(i  the  perlunnance  of 
ihdse  duties,  and  it  becomes  important  to  have  a  correct  un«lerstandinjj;- 
of  their  character. 

In  attempting'  to  define  these  dnties,  it  is  natural,  first,  to  endeavor 
to  ascertain  whether  (.ireat  liritain  itself  has,  by  legislative  n,,.,,  nrit.m  )-.» 
or  ollicial  acts,  reeo,uni/ed  any  su<'li  obligations;  and  next  '^^ZZ^'t'^'-irtll', 
to  in(|uire  whether  the  canons  of  international  law,  as  <'x-  "'*"■ 
pounded  by  publi<a.sts  of  authority,  dennmd  of  a  neutral,  the  ob  '.'rvanco 
of  any  otiier  or  broader  rules  than  have  been  (■•.()  recoj>ni/('d.  Tho 
Un'     I  Slates  will  pursue  the  examination  in  this  order. 

They  find,  first,  an  evidence  of  Clreat  Ilritain's  conception  of  its 
[1 .  J    utUies  as  a  neutral  in  the  Foreiji'n  *I\nlistment  Act 

which  was  enacted  in  181J),  and  was  in  force  durinj;'  i-'nl:"r'l:nhs{i,H-*i 
the  whole  of  the  Southern  reb(dlion. 

It  must  be  borne  in  mind,  when  considering-  the  municipal  laws  of 
(Ireat  Ibitain,  that,  whether  elfeittive  or  deficient,  they  are 
luit  ntachuiery  to  enable  the  (lovcrnment  to  pertorm  tlu»  ►isn. 1 1„  n„i «  b..v- 

'.  .•  iij'  I'lii  •  »•!  r'(H:;K'nt   iii   horf.irm* 

niternalional  <luties  which  they  rec(),i;nize,  or  which  may  ..„■.. .rn,nrn,-.i,ormi 
be  incumbent  upon  it  from  its  position  in  the  family  of  ''"'"" 
mitions.  The  oblipition  of  a  neidral  state  to  prevent  the  violation  of 
the  neutrality  of  its  soil  is  independent  of  all  interior  or  local  law.  The 
municipal  law  may  and  ouyht  to  recoynize  that  obli<;ation  ;  but  it  can 
neither  (!reate  no  destroy  it,  for  it  is  an  obligation  resultin<>'  directly 
from  International  Law,  which  forbids  the  use  of  neutral  territory'  for 
hostile  luirpose.' 

The  local  law,  indeed,  may  justly  be  rcft'arded  as  evidence,  as  far  as  it 
goes,  of  the  nation's  estimate  of  its  international  dnties;  but  it  is  not 
to  be  taken  as  the  limit  of  tliose  obligations  in  the  eye  of  tlie  law  of 
nations. 

It  is  said  by  Lord   Tenterden,  the  distinguished  Secretary  of  the 
British  High  Commissioners,  in  his  memorandum  attached 
to  the  report^  of  Her  .^Lijesty's  Commissioners  upon 
[KliTJ    the  nentrality  law,''  *that  the  neutrality  law  of  the 

United  States  forme(i  the  foundation  of  the  neutrality  of  England.^ 
"The  act  for  the  amendment  of  the  neutralty  laws,"  he  says,  "  was 

'  Ortolan,  Diplomatio  do  Iji  inor,  vol.  2,  page  "215. 

«  Vol.  IV,  page  7!). 

3  Vol.  IV,  pajit)  'J3,  Appendix  No.  3,  Ity  Mr.  Abbott,  now  Lord  Toutcrdon. 

*Vol.  IV,  page  l'2-J. 


Fliitftry  of  Forcipn 
rrili:.lnif;nt  A,cl  ot 
IttiU. 


48 


DUTIES    OF    A    NKUTRAL. 


intirxlnccd  by  ^l^i"-  Caniiinjj  on  tlic  lOtli  of  June,  1810,  in  nii  eloquent 
speecli,  in  tlie  ('(»urse  of  which  lie  siu«1,  '  It  surely  eould  not  be  Ibvjuotten 
that;  in  17!>.>  this  country  <;oMii)laiiie(l  of  various  breaches  of  lUMitrality 
(tlionj^h  much  iuferioi  in  (le;iiee  to  those  now  under  consideration) 
eonnnitted  on  the  oart  of  subject^  ol'  the  United  States  of  Aineru-a. 
Winit  was  the  eoiidiuit  o'l  that  nation  in  conscfinencc?  Did  it  rcs(>iit 
the  conipli.int  as  an  iniiinj^enient  of  its  inch-jsendence  ?  Did  it  refuse 
to  take  sncii  steps  as  would  insure  Hk:  innnediate  observance  of  neutral- 
ity f  Ni'ither.  In  17!M,  iniine<liate]y  alter  the  ap])lication  ironi  the 
liritish  (lovcrnmenl,  the  Le;:islature  of  the  United  States  ])as,scd  an 
act  i)rohil)itin,i>',  under  l)eavy  penalties,  tin;  enyaycnient  of  American 
citizens  in  tiu'  arndes  of  any  belligerent  J'owcr.  Was  that  the  only 
instance  of  tlu^  kiiul '?  It  was  bnt  last  year  that  the  United  States 
passed  an  act  by  which  the  act  of  ITtU  v.as  coidirnu'd  in  every  res|)eet, 
a^^ain  prohibit  inj^'  the  ('n.nap'inent  of  their  citizens  in  the  seivicc  of  any 
foreign  I'ower,  and  pointin;;' distinctly  to  the  sei'vice  of  Spain  or 
the  South  Auierican  I'ro\  inces.""  It  apjx'ais  from  the  *whole  [IdSj 
tenor  of  the  debate  which  i)receded  the  i)assap'  of  the  act  that 
its  sole  ])urp()se  was  to  enable  the  Exetviivc  to  po/orm  inth  Jldelitji  ilte 
(h(tie.-i  toifdrd  neutrals  ichieh  icerc  recognized  a.'i  imposed  upon  the  Oorern- 
vient  by  the  Law  of  Nations. 

The  United  States  assume  that  it  will  be  conceded  tliat  Great  Ib-itain 
r.r.nt  nriiM.n  ^^•i'^  bouud  to  perforiu  all  the  duties  of  a  neutral  toward  tin; 
u".T!m,,,.IV';bS  Uinted  States  v.  Inch  are  indicated  in  this  statute.     If  this 
'""'"•"'■  obliji'ation  should  be  deiued,  the  United  States  be^'  t()  refer 

the  Tribunal  of  Arbitration  to  the  de<'!iirat!on  of  Ea.il  I'nssell  in  his 
('(inununiealiun  to  Mv.  Adams  of  Anyust  ."iO,  bSti,"),  where  he'  "  lays  down 
with  coniidcnce  the  followinj;-  projxjsition  :"  ■•' That  the  Forei/Jin  Eidist 
nu'id  Act  is  intended  in  aid  oi'  the  ditties  *  *  of  a  neutral  nation.'' ' 
They  also  refer  to  Lord  Palnierston's  spee<'h  in  the  House  of  ('omnions, 
,Iuly  1*3,  18(K),' in  which  ho  says:  "The  American  Government  have  a 
distinct  ri.<j;ht  to  expect  that  a  neutral  will  enforce  its  uiunicipal  law,  it 
it  be  in  their  favor.'' 

Indeed,  Great  Uritain  is  fully  committed  to  this  ])rinciple  in  its  deal- 
ings with  other  Powers.  I'hus,  durinji  the  Crimean  wai',  Her  IMaJesty's 
(lovernmeid,  feelin.u'  aiijirieved  at  the  acts  of  the  Prussian  Ciovernment 
in  toleratinji"  the  Inridshin}-'  of  arms  and  other  contraband  of 
war  to  liussia,  were  *advised  by  the  Uaw  Ojlicers  of  the  t'rown  [109] 
that  thev  mis;ht  justlv  remonstrate  against  violations  of  Prussian 
law.'' 

After  these  <leclarations  by  r>ritish  authorities,  it  will  scarcely  be 
contended  that  the  United  States  had  not  the  right  to  expect,  and  to 
demand  of  (!reat  Britain  the  i»erformance  of  the  measure  of  duty  re- 
cognized by  existing  n\unicipal  laws,  hov;e\<'r  inadecpnite  those  laws 
might  be  as  an  expression  of  international  obligations. 

The  British  Foreign  ICnlistment  Act  ol"  ISl!)  consisted  of  twelve  sec- 
tions, written  in  the  v<Ml;iage  which  the  customs  of  Eng- 
■  land  make  necessary  in  the  la.ws  i)roviding  lor  the  i»unish- 
nieid  of  crimes.  These  sections  iclate  to  tour  distinct  sub- 
jects. First,  they  repeal  all  formei'  statutes;  secondly,  they  detine  the 
acts  which  tlie  British  legislators  regarded  as  acts  whicli  a  neutral  ought 
not  to  perndt  to  be  done  within  its  Jurisdiction  ;  thirdly,  they  provide 
modes  for  prosecuting   persons  tbund  guilty  of  committing  the  acts 

Vol.  IV,  i).if.v.sl:.'r5, 12-1. 


Duties  rcro(mi:.;<'d 


by     l''i»rei;;n 


'"rlisi 


incnt  Act  of  ISl'J. 


-Vol.  Ill,  ii!i;;(>  i'.'lU. 
*  V»)l.  V,  |);ij;t!  l.'iUa. 
'Earl  Granville  to  Count  Benistorff,  Sopteuiber  15,  1H70. 


■'Vol.111, 


l):iy.' .')r>(l. 


DUTIES    OF   A    NEUTRAL. 


49 


wolvo  see- 


wliif'li  nro  proliibitod  by  tlio  stntnfo,  niid  thoy  iixlicato  tlif  ])nT)i^lnn('i>ts 
^vlli('li  may  be  iiilli<'ted  upon  tliciii  when  convirted  ;  Ibiirthly,  they 
cxt'iiipt  ccitaiu  parts  of  the  Empire  IVoiii  tlu'  operation  ot  the  ntat- 

ntc' 
[110]        *Tliis  Tribunal  need  take  no  notice  of  the  peral  portions  of  the 

statute,  whicli  all'eet  only  the  vehilions  between  the  Slate  and 
those  wlio  owe  allejiianee  to  its  laws  by  reason  of  residenee  within  its 
territory.  Tlie  United  States  will  therefore  eonline  theiaselxcs  to  at- 
teniptin;,^  to  deduce  from  the  statute  the  (U'finitions  of  the  juineiples, 
and  the  (hities,  which  are  there  recoij^nized  as  oI>li!;atory  on  the  nation 
ill  its  relations  with  other  Powers.  The  adjudicated  cases  often  disre- 
}iAn\  the  distinction  between  the  duties  of  a  neutral,  how(  -er  deline<l, 
and  the  i)roceedinf>s  in  its  courts  af;ainst  persons  charged  as  criminals 
for  alh'^'cd  violations  of  its  laws  for  the  preservation  of  n«'utrality.  l^veu 
some  of  the  best  publicists,  in  referrinjj  to  this  class  of  decisions,  have 
not  always  remend)ered  that,  while  in  the  former  we  have  oidy  to  do 
V.  ith  |)riiiciples  of  jniblic  law,  in  the  latter  we  are  dealinj*'  witli  th(^  evi- 
dence necessary  for  the  conviction  of  an  otfender.  Bearin.;;'  this  dis- 
tinction in  mind,  the  Tribunal  of  Arbitration  may  be  able  to  reconcile 
jiiany  ai»j)arently  conflictinj;"  authorities,  and  arrive  at  just  conclusions. 
The  acts  which,  if  committed  within  the  territory  of  the  neutral,  are 
to  be  reji'arded  as  violati  )ns  of  its  international  duties,  are  enumerated  in 

tlie  second,  fifth,  sixth,  seventh,  and  eijihth  sections  of  the  statute. 
[Ill]        *TransIating  this  statutory  lan,i!:ua,ire  into  the  ex]>ressions  com- 

moidy  employed  by  jjublicists  and  writeis  (»n  InteriuUional  Law, 
this  statute  recognizes  the  following  as  acts  which  ought  to  be  prevent- 
ed within  neutral  territory  during  time  of  war. 

1.  The  recruitment  of  subjects  or  citizens  of  the  neutral,  to  be  em- 
])h)yed  in  the  military  or  naval  service  of  a  foreign  (lovernment  or  of 
]iersons  assuming  to  exercise  the  powers  of  governnuMit  over  any  part 
of  toi<'ign  tenitory;  or  the  accei)tance  of  a  comnussion,  warrant,  or 
aiiiMintment  for  -uch  service  by  such  jjersons;  (u-  the  enlisting  or  agree- 
ing to  enlist  in  such  service;  the  act  iu  each  case  being  done  without 
the  leave  or  license  of  the  Sovereign. 

2.  The  receiving  on  board  a  vessel,  for  the  purpose  of  transjiorting 
ifvoin  aiientral  ])ort,  persons  who  may  have  been  so  recruited  or  com- 
|i!!issi(ined ;  or  the  transporting  such  i)ersens  from  a  neutral  \unt.      Aw- 

^tliovily  is  given  to  seii.e  ;he  vessels  violating  these  jnovisions. 

:>.  '1"Ih^  e(|nipping,  furnishing,   fitting  out,  or  aiming  a  vessel,  with 

iintenl  ov  in  order  that  it  may  b(   employed  in  the  service  of  such  for- 

R'ign  (uiveiniiient,  or  of  i)ers<His  assuming  to  exercise  the  powers  of  <vov- 

eminent  over  any  jiait  of  a  Ibreign  country,  as  a  transpor    or 

[ll'_'j    store-ship,  or  to*ciuise  or  carry  on  war  against  a  jiowei  with 

which   the  neutral  is  at  jseace ;  «)r  the  delivering  a  commission 

for  such  vessel,  the  act  in   cadi  case  being  done  without  the  U'ave  or 

license  of  the  Sovereign. 

L  4  lie  angiiientiiig  the  warlike  force  of  such  a  vessel  of  war  by  add- 
ing to  the  number  of  guns,  by  changing  those  on  board  for  (ht her 
guns,  or  by  the  addition  of  any  e(pii])ment  of  war,  if  such  vessel  at  the 
TiiiK'  <.f  its  arri\al  iu  the  dominions  of  the  neutral  was  a  vessel  of  Avar 
in  (he  si>rvice  of  such  foreign  lioverninenl,  or  of  such  persons,  the  act 
being  done  without  the  leave  or  license  of  tlie  Sovereign.' 


'  \'ol.  I\',  iia;j;c  rti. 

-  It  iiiiiv  iutircst  tlm  incmt)or8  of  tlie,  Tribnnnl  of  Arb'tnition  to  rcc  in  tlils  connec- 
ti(i:i  iiii  iil>stiiict  of  tli(>  acts  wincli  arc  iiiatlc  penal  l»y  liic  Unitnl  States  Nintrality 
L:i.v  of  IHIH,  Tliij  law  itsuU'  will  bo  iound  in  Vol.  IV,  i>a-'j'j  'lO-lhi.  Tlit'  ulwtract  is 
S.  Ex.  31 4 


nPBT 

f 


f       ]' 

1     \' 


50 


DUTIES   OF   A   NEUTRAL. 


*Duiing'  tlie  inpunoctioii,  as  will  be  seen  hereafter,  tliis  act  [113] 
was.  l»v  tlie  (;()iistriu;tion  of  tlie  Enalisli  courts, 
toriv,.,  i,.ni.ni,n-  stiii)pe<iot  its  cltectivc  powcr.  Ihe  Liiited  Stales  reneat- 
edly  and  iii  vaiii  invited  Her  JMajest.v  s  (lovernnient  to 
amend  it.  Although  these  calls  proved  ahortive  during  the  contest 
with  the  South,  the  appalling  magnitude  of  the  injury  which  had  been 
inllicted  by  British-built  and  Britishinauned  cruisers  uj)on  the  commerce 
and  industry  of  a  nation  with  which  Great  Britain  was  at  peace 
apjiears  to  have  awakened  its  senses,  and  to  have  impelled  it  to  take 
some  ste])S  toward  a  change.  In  January,  1807,  the  Queen's  Commis- 
sion was  issued  to  some  of  the  most  eminent  of  the  British  lawyers  and 
judges,  authorizing  them  to  inquire  into  and  consider  the  character, 
workhig,  and  eflect  o*^'  the  laws  of  the  Bealm,  available  for  the 
^enforcement  of  neutrality,  during  the  existence  of  hostilities  be-    [114] 

tiikt'ii  fioiii  T'n'sident  Grinit's  Proclaniatiou  of  Neutrality  in  the  lato  I'laiito-Oorniau 
war,  (latctl  Oclober  t<,  1870. 

"is.v  llie  art  jiaKscd  on  tlio  20tli  ilay  of  A]ni],  A.  D.  181r^,  coiiiiiHUily  kiunvn  as  tlio 
'  Neutrality  haw,'  tlie  iollowiiig  actw  are  I'diliddcii  to  lie  done,  uiidur  severe  peiiiilties, 
williin  tlie  teriitory  and  Jiirisilictior.  c.f  tlu!  United  States,  to  wit : 

"1.  Accept in}^  and  exercisinjj  a  connnission  to  herve  either  of  the  said  belligcroTits 
by  land  or  liy  sea  ajjainst  tiic  other  belli<ferent. 

"2.  Enli.'itin{{  or  eiiterinj;  into  the  service  of  either  of  the  htiid  bellij^ercnts  as  a 
e.)ldier,  or  as  a  uiariuo  or  seuuiau  ou  board  of  any  vessel  of  war,  letter  of  manque,  or 
privateer. 

"15.  Ilirinj;  or  retainin}^  another  person  to  enlist  or  enter  himself  in  the  service  of 
either  of  tlui  said  bi^Uigeit'nts  us  a  soldier,  or  as  a  nuirine  or  seaman  oxi  board  of  any 
vessel  of  war,  letter  of  marque,  t)r  privateer. 

"4.  Uirinjj;  another  i)ers()n  to  go  beyond  the  limits  or  jurisdiction  of  the  United 
States  with  intent  to  bo  enlist<!d  as  aforesaid. 

*';').  Hiring  another  person  to  go  beyond  the  limits  of  the  United  States  with  the  in- 
tent to  b(!  entered  into  service  as  afon-.said. 

"  (5.  detaining  another  perst>n  to  go  beyond  the  limits  of  the  United  States  with  in- 
tent to  be  enlisted  as  aforesaid. 

"7.  IJetaining  another  person  to  go  beyond  the  liniifs  of  flic  United  States  with 
intent  to  be  entered  into  service  asafore^aid.  (lint  thesaicl  act  is  not  to  be  con- 
Hlrued  to  extend  to  a  citizen  or  subject  of  either  belligerent  who,  being  transiently 
within  the  I'niled  States,  shall,  on  board  of  any  vessi  1  of  war,  v.liieh.  at  Ihe  tinuiol' 
itsarri\al  v.  itliin  the  I'nited  State's,  was  littiil  and  eiinip[)"d  as  such  vessel  of  war, 
enlist,  oi'  enter  himself,  or  hire,  or  retain  ar.otliei'  subject  or  citizen  of  tlie  same  bellig- 
♦■rent,  who  is  tninsiently  within  tin'  United  Slates,  to  enlist,  or  enter  himself  to  serve 
such  belligereni.  on  board  such  vessel  of  war,  if  the  Unite«l  States  shall  then  be  at 
peace  with  such  belligerent.) 

"  p*.  Fitting  out  and  arming,  or  attempting  to  fit  out  and  arm,  or  i)rocuring  to  be 
litti  d  out  and  armed,  or  knowingly  being  eonci'rni'd  in  tlu-  fniuisliing,  tilting  out,  or 
arming  of  any  ship  or  vessel,  wiili  intent  lliiit  siieli  .ship  orvessel  siiall  be  employed  in 
the  service  of  either  of  the  said  beUigercnls. 

'  '••.  Issuing  or  delivering  a  conniiission  within  the  tci  liiciy  oj-  jurisdiction  of  the 
United  States  for  any  ship  or  vessel  to  the  intent  tliat  she  nia^\  be  emi»loycd  as  albre- 
said. 

"  10.  Increasing  or  augmenting,  or  jirocming  to  be  iiuii  as(  <;  or  augmented,  or 
knowingly  being  concernul  in  increasing  er  augmenting,  the  loice  of  any  siiip  of  war, 
cruiser,  or  oIIk  r  armed  vessel,  which  at  the  lime  of  lur  arrival  within  the  United 
States  was  ji  ^iiip  of  war,  eiuiser,  er  armed  vc.-m  1  in  the  service  of  i  iilur  of  (lu;  said 
belligeii'iits,  or  be'onging  to  ihe  subjects  or  citizens  of  either,  liy  adding  to  the  num- 
ber of  guns  of  such  vessels,  or  by  changing  those  on  board  of  her  ler  guns  of  a  lai'ger 
calilier,  or  by  Ihe.  addition  thereto  of  any  t(|nipment  solely  applicable  to  war. 

"  II.  IJeginningor  setting  on  loot  or  j)rovnling  or  prejiaiing  tht;  means  for  any  mili- 
tary i'Xi)cdition  or  enteipris,'  to  be  carried  on  from  the  territory  or  juri.'-dit  tion'of  tho 
United  Slates  against  the  territories  or  dominions  of  «-ither  of  ihe  said  belligerents." 

Tlie  Tribunal  of  Arbitratiiui  will  also  observo  that  tho  most  imiutrtant  part  of  tho 
Auuriean  act  la  omitted  in  the  Dritish  act,  namely,  the  pomr  anifcmd  bif  the cighih  ««,- 
r  tiaii  oil  (he  Jxcciitire  to  fake poHSCvtiion  of  and  dilaiii  a  ahij)  nilhoiit  judicial  pionnH,  and  to 
MHe  the  iiiiUtn'ii  and  varnl  Jams  of  the  Gorenimnit  Joy  that  j>»r^«w,  if  nnxmarij.  JCarl 
Knssell  is  ifuderstood  to  have  determined  that  tho  Uqito<l  States  should,  in  no  event, 
have  the  benelit  of  such  a  summary  proceeding,  or  of  any  remedy  that  wonld  take 
away  the  tiiai  by  Jufy. — Sjjcidtee  and  Dispatches  of  Earl  liuasell,  Vol.  11,  pugo  is6C. 


DUTIES   OF   A  NEUTRAL. 


51 


lauco-Goruiaii 


1  l)»;lli<jcroiits 


of  the  United 
'H  Avitli  the  in- 
tates  with  in- 


tween  otlior  States  with  whom  Great  Britain  nii^'lit  be  at  peace, 
ami  to  inquire  and  report  wlietlier  any  and  what  chanj^es  ought  to  be 
made  in  .sn(;h  hiws  for  tlie  purpose  of  giving  to  tlieni  increased  eflieieney, 
and  bringing  tlieni  into  lull  eonibnnity  with  international  obligations.' 

That  Commission  held  twenty-four  sittings,  and  finally  repiuted  that 
the  old  Foreign  Enlistment  Act  of  1811)  was  capable  of    n^,,,,^  „f   um. 
improvement,  and  might   bo  made  more  etticient  by  the  ^°'""""'""- 
enactment  of  several  i)rovisions  set  forth  in  the  report.'^ 

Among  other  things  the  Commission  recommended  that  it  he 
[115]  made  a  statutory  otlense  to  "fit  *out,  arm,  dispatck  or  cnrsc  to  he 
ditipuhhcd,  ain/  shij},  with  intent  or  kmnckdije  that  the  same  shall 
or  will  be  emi)loyed  in  the  military  or  naval  service  of  any  foreign 
Power  in  any  war  then  being  waged  by  such  Power  against  the  subjects 
or  i)roperty  of  any  foreign  belligerent  Power  with  whoin  her  Majesty 
shall  not  then  be  at  war.-'^  It  was  also  proi)osed  to  make  it  a  statutory 
otfc'ise  to  ^'•bullil  or  equip  any  ,ship  u'Hh  the  intent  that  the  same  shal  leafier 
being  fitted  out  and  armed,  either  irithin  or  beyond  Iler  MajeHtif's  Domin- 
ions, be  employed  as  aforesaid  ;^^^  and  it  was  proposed  that  the  Executive 
shordd  be  armed  with  summary  powers  siujilar  to  those  conferred  upon 
the  President  of  the  United  States  by  the  eighth  section  of  the  act  of 
1S18.  It  was  further  i)roposed  to  enact  that  "in  time  of  war  no  vessel 
employed  in  the  military  or  naval  service  of  any  belligerent,  which 
shall  have  beeu  built,  equipped,  fitted  out,  armed,  or  dispatched 
contrary  to  the  enactment,  should  be  admitted  to  any  port  of  Her 
Majesty's  Dominions.'*' 

The  Tribunal  of  Arbitration  will  not  fail  to  observe  that  these  recom- 
mendations were  made  by  a  board  composed  of  the  most  eminent  judges, 
jurists,  publicists,  and  statesmen  of  the  Emi)ire,  who  had  been  in 
[IIG]  public  life  and  had  parti(ipated*in  the  direction  of  affairs  in  Great 
Britain  during  the  whole  period  of  the  Southern  rebellion;  and 
that  they  were  made  under  a  commission  which  authorized  tliese  disiiii- 
guished  gentlemen  to  consider  and  report  what  changes  ought  be  iiiad<! 
in  the  laws  of  the  Kingdom,  for  thei)urpose  of  giving  to  then  rrensed 
efiicieiicy,  and  bringinfi  them  into  full  eonformity  tcith  the  internals  •!  ohli- 
(jations  of  England .  The  Tribunal  of  Arbitration  will  search  the  whole  of 
that  re[>ort,  and  of  its  various  appendices,  in  vain,  to  find  any  indication 
that  that  distinguished  body  imagined,  or  thought,  or  believed  that  the 
measures  which  they  recommended  were  not  "in  full  conformity  with 
international  obligations."  On  the  contrary,  the  Commissioners  say 
that,  so  far  as  they  can  see,  the  adoption  of  the  recommendations  will 
bring  the  municipal  law  into  full  conlbrmity  with  the  international  olili- 
giitions."  Viewing  their  acts  in  the  light  of  their  i)owers  and  of  their 
instructions,  the  LJnited  States  feel  themselves  justified  in  asking  the 
Tribunal  to  assume  that  that  eminent  body  regarded  the  acts  which 
they  proposed  to  prevent  by  legislation,  as  forbidden  by  International 
Law. 

The  report  of  the  Commissioners  was  made  in  18GS,  but  was  not  acted 
upon  until  after  the  breaking  out  of  the  late  war  between    ti,..  Forrn,.  i,,. 
Germany  and  France.    On  the  9th  of  August,  1870,  !'■""'«■"  a.i  ,.i  w™. 
[117]    Parliament  ♦passed  "An  act  to  regulate  the  conduct  of  Her  Ma- 
jesty's subjects  during  the  existence  of  hostilities  between  foreign 
States  with  which  Her  Majesty  is  at  peace."    This  act,  which  may  be  found 


«  Vol.  IV,  puKe  79. 
<Vol.  IV,  pujseHl. 


«  Vol.  IV,  page  80. 
6  Vol.  IV,  pugo  82. 


"Vol.  IV,  pages  80,  81. 
6  Vol.  IV,  page  82. 


62 


DUTIES    OF   A   NEUTRAL. 


i 


in  VoUiine  VII, '  onibodios  the  roeoinniondaticjiis  of  tlie  oommissioncrs 
whi,;h  nre  cited  above,  except  that  which  exch\(U\s  a  ship  wliich  has 
been  iHe^^ally  built  or  aiuuMl,  &c.,  &c.,  from  Her  j\Iajest.v'«  ports. 

Soon  after  the  enactment  of  this  statute,  a  vessel  called  the  "  Inter- 
.t.uiirai  .„„,truc.  national,"  was  i)roceeded  a}>ainst  for  an  alleged  violation  of 
ii..n„i  timtmt.  ||jj  juovisious.  ThccasB  came  before  Sir  IJobert  J.  Philli 
more,  one  of  Her  Ma.jest.y's  Commissioners  who  signed  the  report  in  18G8. 
In  lendering  his  decision  on  the  17th  of  January,  1871,  he  said  :  "This 
statute,  passed  during  thx_  last  session,  under  which  the  authority  of 
this  court  is  now  for  the  first  time  evoked,  is,  in  my  .judgment,  very  im- 
portant and  very  valuable  :  strengthening  the  haiuls  of  Her  jMajesty's 
<jovernmeut,  and  enabliiif/  them  to  fulfill  more  easily  than  her'-tofore  tlutt 
particular  class  of  international  ohlif/ations  which  mail  arise,  out  of  thecon- 
duct  of  Jlcr  Majesty's  subjects  toward  belliyerent  Foreign  iStutes,  with 
whom  ller  Majesty  is  at  peace''' - 

*These  eminent  commissioners  and  this  distinguished  jurist  [118] 
have  chosen  their  words  with  the  jirecision  wliich  might  have 
been  expected  of  them.  They  declare  that,  in  the  execution  of  the 
commission,  they  have  only  sought  to  Ining  the  law  of  England  into 
harmony  with  the  law  of  nations.  Their  functions  ceased  when  they 
recommended  certain  changes  with  that  object  in  view.  Parliament 
then  took  up  the  work  aiul  adopted  their  suggestions.  Then,  as  if  to 
prevent  all  misapprehension,  one  of  the  commissioners,  acting  as  a 
judge,  held  that  the  act  of  1870  is  intended  to  bring  the  law  of  the 
realuj  into  harmony  with  the  international  duties  of  the  Sovereign. 

The  United  States  contidently  submit  that  the  new  provision^,  in- 
serted in  the  act  of  187t>,  were  intended,  at  least  as  against 
the  British  (lovernment,  as  a  re-enactment  of  the  law  of 
nations,  as  understood  by  the  United  States  to  be  applica- 
ble to  the  cases  of  the  Alabama,  and  other  ships  of  war  coustrucied  iu 
England  for  the  use  of  the  insurgents. 

Tliey  conceive  tlnit  Great  Britain  is  committed  to  the  doctrines  there- 
in stated,  not  merely  by  the  articles  of  International  Law  expressed  in 
its  statutes,  but  also  by  the  long-settled  Common  Law  of  England  con- 
lirmed  by  acts  of  Parliament. 

*The  act  of  7  Anne,  ch.  IL*,  euaetvd  in  consequence  of  the  viola-    [119] 
tion  of  the  law  of  nations  by  the  arrest  for  debt  of  the  Ambas- 
sador of  the  Czar,  Peter  the  (Ireat,  in  London,  is  prominent  iu  the 
history  of  the  legislation  of  (Ireat  Britain.  •' 

Lord  JMansiield,  commenting  on  this  act  in  the  case  of  Triquet  vs. 
Buth,  3  Burrow's  l{ei)orts,  j).  1-48,  says  that  tljis  act  was  hut  declaratory. 
All  that  is  lU'w  in  this  act  is  the  clause  Avhich  giv<'s  ;i  ummary  Juris- 
diction for  the  punishment  of  tlie  iniraction  of  the  law.  He  further 
renuirks  that  the  Ambassador,  who  had  been  arrested,  could  have  been 
discharged  on  motion.  This  act  of  Parliament  was  passed  as  an  ai)ology 
Irom  the  nation.  It  was  sent  to  the  Czar,  finely  illuminated,  by  an  Am- 
bassador Extraordinary,  who  made  the  national  excuses  in  an  oration. 
"The  act  was  not  occasion^^d  by  any  doubt  whether  the  law  of  nations, 
particularly  the  part  relative  to  public  ministers,  was  not  part  of  the 
law  of  England,  and  not  intended  to  vary  an  iota  from  it."  Lord  Mans- 
tield  further  says,  iu  refeience  to  the  case  of  Brevot  rs.  Barboi,  that 


InteriKitinnnl  law 
JN  a  piiil  (if  the  corn- 
inon  law  ot'  England. 


'  Vol.  VII,  pivgo  1. 

-Loudon  Times,  Jannary  18,  187L  See  also  Admiralty  and  Ecclesiastical  Rcporrs, 
Vol.  3,  i)af?«  332.  See  also  Report  of  tlio  Debate  on  tlio  Foreign  Enlistment  Act  in  the 
House  of  Commons,  in  the  London  Times  of  Angnst  2,  1870. 

^See  Phillimoru's  International  Law,  vol.  2,  cb.  8,  section  194. 


DUTIES   OF  A  NEUTRAL. 


53 


oners 
U  lias 

Inter- 
iou  of 
riiilli 
1 1808. 
"  This 
rity  of 
'ly  iiu- 
ijcsty's 
re  that 
the  con- 
{,   icith 

:    [1181 

of  t'lie 
111  into 
'u  they 
iiaineist 
as  if  to 
iig  as  a 
v  of  tlie 
ign.    _ 
iouo,  in- 
a.q,ainst 
3  law  of 
applica- 
IucicmI  iu 

es  tliere- 
essed  iu 
ind  con- 


s' 


[119] 
in  the 


rv 


(jnet  r.s'. 
iratory. 
jnvis- 

fuither 
ve  boon 
apolofjy 

YA  Ani- 
oration. 
nations, 
t  of  the 
d  ^lans- 
bot .  that 


1  Kcporta, 
Act  in  the 


Lord  Talbot  declared  "  that  the  law  of  nations,  in  its  fnll  extent,  was 
])art  of  tlie  law  of  England;"  and  adds,  "  I  ronioinber,  too.  Lord  Uard- 
wiek  declared  his  opinion  to  the  same  efteet,  and  denying  that  Lord 
[IL'O]  Chief  *,Instiec  Holt  ever  had  Tiiy  doubt  as  to  the  law  of  nations 
b»'iu<?  part  of  the  law  of  England,  upon  the  occasion  of  the  arrest 
of  the  Itussian  And)assador."' 

To  the  sanie  eifect  is  the  remark  of  Lord  Tenterden,  when  he  says 
"  that  the  act  of  Ainie  is  only  declaratory  of  the  common  law.  It  must, 
therefore,  be  construed  according  to  the  common  law,  of  which  the  law 
of  nations  uuist  be  deemed  a  part."^ 

Iilackstoiie  states  the  doctri.ie  in  general  terms  as  follows:  "The law 
of  nations  is  a  system  of  rules,  dedueible  by  natural  reason,  and  estab- 
lished by  universal  consent  among  the  civilized  inhabitants  of  the  world, 
in  order  to  decide  all  disputes,  to  regulate  all  ceremonies  and  civilities, 
and  to  insnre  the  observance  of  Justice  and  good  faith,  in  that  intercourse 
which  mast  frequently  occur  between  two  or  more  independent  States, 

and  the  individuals  belonging  to  each. 

«  «  *  *  «  * 

"In  arbitrary  States  this  law,  wherever  it  contradicts,  or  is  not  pro- 
vided for  by  the  municii)al  law  of  the  country,  is  enforced  by  the 
[121]  Koyal  Powei-;  but  since  in  England  no  Royal  Power  *can  intro- 
duce a  new  law  or  suspend  the  execution  of  the  old,  therefore  the 
law  of  nations  (whenever  any  questitju  arises  which  is  properly  the 
object  of  its  Jnrisdi<;tion)  is  here  adopted  in  its  full  extent  by  tin 
common  law  of  the  land.  And  those  acts  of  parliament  which  havo 
from  time  to  time  been  made  to  enforce  this  universal  law,  or  to  facili- 
tate the  execution  of  its  decisions,  are  not  to  be  considered  as  intro- 
ductive  of  any  new  rule,  but  merely  as  declaratory  of  the  old  funda- 
mental constitutions  of  tlie  Kingdom  ;  without  ichich  it  must  cease  to  be 
a  part  of  the  civiU;:e(l  M'orW."^ 

In  the  i)resence  of  these  authorities  it  cannot  be  doubted  that  the 
law  of  nations  enters  integrally  into  the  common  law  of  England,  and 
that  any  enactment  by  Parliament  on  this  point  derives  force  only  Iroia 
its  conformity  with  the  law  of  nations,  having  no  virtue  beyond  that, 
except  in  so  far  as  such  enactment  may  atl\>rd  means  for  the  better  en- 
forcement of  that  law  within  the  reahn  of  England. 

That  eminent  judge  and  jurist,  Lord  Stowell,  even  goes  so  far  as  to 
say  tliat,  while  an  act  of  Parliament  can  allirm  the  law  of  nations,  it 
cannot  contradict  it  or  diisallirm  it  to  any  effect  as  respects  foreign  (io\ 

ernments.'' 
[122]  *Lord  Stowell's  position  is  in  i)erfect  accordance  with  the  ob- 
seivatlon  of  Lord  Manslield,  iu  an«>ther  case,  viz  :  Ileathtield  r.s. 
Chilton,  that,  "The  privileges  of  public  ministers  and  their  retinue  <le- 
peml  ui>()n  the  law  of  nations,  which  Is  part  of  the  common  law  of  Eng- 
land. And  the  act  of  Parliament  of  7  Anne,  ch.  12,  did  not  intend  to 
alter,  nor  can  alter  the  law  of  nations."^ 

The  next  act  of  the  British  Government  to  which  the  United  States 
invite  the  attention  gf  the  Tribunal,  as  showing  to  some  ex-    n,,,,.,  ,^.„„,„..i 
tent  that  (iovernment's   sense  of    its  duties  toward  the  , ','',';,,!?r'5'" 's'":: 
Lnited  fertates,  is  the  Proclamation  of  Neutrality  of  May  13,  '"'"^ 
ISdl,  already  alluded  to. 

'  f'''"  fiiitlic'i-  I  Dliick.  Com.,  1,1).  .|:{,  -.m  ;  I  W<><«ls.)ir«  L.      nes,  p.  31. 
=  N.»vill((  rn.  T(»()<,'(»(m1,  1  IJiUHW^U  and  Cir.sw.-iris  Ucpoits,  .nij. 

3Hliickst(.ii.!'H  Com.,  v.il.  4,  cli.  f).     St-r  al.so  Loid  LvmUiurst's  opinion,  ante,  pnj'e  GI. 
*  I  lie  J.oiiis,  Dodsoii'H  Admiralty  Ufpoits,  vol.  2,  p.  210. 

M|.'atliH»>ld  rs.  Cliiltoii,  4  Biinows,  p.  ijolt!.    Tliis  observation  of  Lord  Munslield  is 
Uetl  and  adopted  by  i'billimore,  vol.  :J,  p.  041. 


54 


DUTIES    OF   A   NEUTRAL. 


Ill 


It  is  not  cliiii'U'rt  that  n  boUifiorcnt  lias  the  lijilit,  by  tlic  onstom  of 
nations,  to  rcciiiiic  a  neutral  t()  enfoici'  in  its  favor  an  excentive  Procla- 
mation ()f  the  neutral,  addressed  to  its  own  eilizciis  or  subjects;  but  it 
is  maintained  that,  as  between  Great  Jiritain  and  tin;  United  States, 
tliere  is  a  binding;-  j)re<'edent  ibr  such  a  ie«iuest  to  Great  Britain.  In 
ITUii,  durinjn'  (ieneral  Washington's  administration,  the  rejjresentativc 
of  Great  IJritain  in  the  United  States  ])ointed  out  to  Mr.  Jell'erson,  who 
was  then  Secretary  (»f  State,  acts  which  were  deemed  by  Her 
IJritannic  Majesty's  Government  *to  be  '*  breaches  of  neutrality,"  [123] 
done  '-in  contravention  of  the  I'residcnt's  I'roclanmtion"  of  Neu- 
trality, and  he  invited  tln^  United  States  to  take  stei>slbr  the  repressicui 
of  such  acts,  and  lor  the  restoration  of  ca|>tured  i)rizes.  It  appears 
that  the  United  States  complied  with  these  reiiuests.' 

IJelyin^-,  therelore,  npou  this  pi';rdent,  j'stablished  against  Great 
Britain,  rather  than  upon  a  right  uiuur  the  laws  of  nations,  which  can 
be  asserted  or  maintaiiu'd  against  the  United  States  or  against  other 
nations,  the  United  States  invite  the  attention  of  the  Tril)nnal  to  the 
fact  that  two  princi[)les,  in  addition  to  those  already  deduced  from  the 
Foreign  Eidistment  Act  of  181U,  appear  to  be  conceded  by  the  Trochi- 
mation  of  May  l.'i,  1801: 

1.  That  it  is  the  duty  of  a  neutral  to  observe  strict  neutrality  as  to 
both  belligerents  during  hostilities. 

Keutrality  is  delined  by  I'hillimore  "to  consist  in  two])rincipal  circuni- 
T),rt,.;:ion  ofmu-  stances:  1.  Entire  abstinence  froui  any  j»articii)ation  in  the 
'""*  war;  2.  Impartiality  of  conduct  toward  both  belligerents." 

"  This  ahsthicnce  and  this  importialiti/  must  be  combined  in 
the  character  of  a  hona-fhle  neutral.''^ 

Bluntschli  delines  it  thus:  Lii  neutralite  est  la  iwnpariieipa.tion  a 
la  guerre.  Lorsjpic  I'etat  neutre  soutient  un  des  belligerants,  d 
])reml  *part  a  la  guerre,  en  faveur  de  celni  qn'il  soutient,  et  <les  [124] 
lors  il  cesse  (Petre  neutre.  lAidversaiie  est  antorise  a  voir  dans 
cett(!  participation  un  acte  d'hostilite.  Et  cela  n'est  pas  senlement  vrai 
<iuaml  I'etat  neutre  livre  lui-menie  des  troupes  on  <les  vaissoeux  des 
giu'rre,  mais  aussi  lors(pi'il  prete  a  nn  <les  belligerants  un  aj)i)ui  mediat 
en  i>ermettant,  Utiidis  qu^il  poutmit  Vvmin'tlur^  que,  de  son  territoirc 
n«'utre,  on  envoie  des  troupes  on  des  navires  de  guerre."^ 

llautet'euille  says:  "Get  etat  nouveau  impose  auxneutres  des  devoirs 
particuliers:  ils  doivent  s'abstenir  ccunpletement  de  toute  acte  d'im- 
mixi(Ui  aux  hostilites  et  garder  une  stricte  im[)aitiaiite  envers  Ics  deux 
belligerants.  *  *  #  L'impartialit*'*  eonsiste  a  tiaiter  les  deux  belli- 
gerants de  la  meme  maniere  et  avec  une  parfaite  egalite  dans  tout  ce 
<pii  concerne  les  relations  d'etat  a  etat."^ 

Lord  Stowell  says:  "The  high  privih ges  of  a  neutral  are  for!eite<l 
by  the  abandonment  of  that  perfect  indifterence  between  the  contend- 
ing parties,  in  which  the  essence  of  nentraiiiy  consists.'' 

t'alvo  collects  or  refers  to  thedetiintions  given  by  tlu'  various  writers 
on  International  Law,  and  expresses  a  pielerence  for  liubner's: 
*'  La  mas  *aceptable  es  la  de  liubner,  i)or  la  claiidad  y  precision    [12.5] 
con  que  tija,  no  solo  la  sitnaeion  de  las  naciones  pacilicas,  sino  hi 
extension  que  tiene  sobre  ellas  el  status  belli.'"'^ 

'  Vol.  IV,  pages  94-102. 
'-:?Phiniiuore,Cli.  IX. 

•'  (>itlnion  itupaitiiilo  surl.a  question  do  l'Aliil)ania.     Berlin,  1870,  pago  22. 
■•  Neeessitd  tl'uno  loi  niaritiuiu  pour  n^gler  lea  lappoits  des  ueutrea  est  des  bellig<3- 
raufs.    Paris,  1862,  page  7. 
f'Tlie  Eliza  Ann,  (1  Dodson's  Reports,  244.) 
"  Calvo  Derecbo  luternaciuuul.  torn.  2,  payo  151,  }  GC8. 


til 
/// 

<ii 

:itl 

ti' 

(il 

tli< 


DUTIES    OF    A   NEUTRAL. 


55 


nstom  of 
e  1' rod  Ji- 
ts ;  but  it 
(1  States, 
itiiin.     lu 

'SCMltiltiVO 

isou,  wlio 

Icr 

y,"    [123] 

cu- 

vpivssimi 

t  iippears 

ist  Great 
ivliich  can 
iust  other 
iial  to  tlie 
I  iVoiii  tlio 
Lie  Proclii- 

ulity  as  to 

al  circnm- 
ion  in  the 
ligerents." 


fipaiion  i\ 

<le.s    [124] 
ans 

nient  vrai 

-;oeux  (les 

ui  niediat 

torritoirc 

^s  (levoii's 
U'te  (I'ini- 
h's  (h'ux 
\vu\  belli- 
|is  tout  CO 

lbvioite<l 
coutenil- 

is  writers 
is: 

Ion    [12.5] 
hi 


les  bcllig<S- 


2.  The  j)roclainati<»n  also  distinctly  recognizes  the  princii)le  that  tho 
duties  of  a  neutral  in  time  of  war  do  not  j^row  out  of,  and  are  not 
(l('|it'n<le!it  upon,  ninnicipal  laws.  Oflenders  a;:iiiinst  the  provisions  of 
the  act  are  therein  expressly  forewarned  that  such  otlenses  will  he 
'•acts  in  dero^^ation  of  thei)  duty  as  subjects  of  a.  Jieutral  soverei,nii  in 
tlic  saitl  contest,  or  in  violotion  or  contravention  of  the  law  of  nations  in 
thiit  Inhalf. 

The  next  acts  of  the  British  Government,  indicatinjj  its  sense  of  its 
duties  as  a  neutral  toward  the  United  States,  to  wliich  the  „„„„  r.-<-.,in..i<-a 
atrention  of  the  Tribunal  is  invited,  are  the  several  instruc-  I'rnti'r.X^.'raur'' 
tions  issued  duriii,u-  the  contest,  for  the  regulation  of  tiie  i»«""' "'»""■•  »'»"• 
oliicial  conduct  of  its  naval  ollicers  and  of  its  colonial  authorities  toward 
the  bclhji'crents.' 

These  various  instructions  state  or  recoj^nizc  the  following?  principles 
and  rules: 

1.  A  bi'lli.ii'crent  may  not  use  the  harbors,  ])orts,  coasts,  and  waters  of 
a  neutral  in  aid  of  its  waj'iike  purposes,  or  as  a  station  or  piace  of  resort 
lor  any  warliUv'  purpose,  or  for  the  purpose  of  obtaining  any  K'cilities  of 

warlike  e(juipnient. 
[12(»]  *-.  Vesst'ls  of  war  of  the  belligerents  may  be  rerpured  vo  depart 
from  a  n«'Ut!"al  port  within  twenty-four  hours  after  entranc(;, 
except  in  case  of  stress  of  weatlier,  or  re(]uiring  provisions  o;-  things 
lor  tlie  crew,  or  repairs;  in  whic!»  cave  they  should  go  to  sea  as  soon  as 
possible  alter  the  expiration  of  the  twenty-foiu"  hours. 

.'}.  The  furnishing  of  supplies  to  a  belligerent  vessel  of  war  in  a  neu- 
tral port  may  be  prohibited,  except  such  as  may  be  necessary  lor  tho 
snl>sisteiice  of  a  crew,  and  for  their  imnuuliate  use. 

4.  A  belligerent  steam-vessel  of  war  ought  not  to  receive  in  a  neutral 
])ort  nunc  coal  than  is  necessary  to  take  it  to  the  nearest  port  (»f  its 
own  country,  or  to  soiin*  nearer  destination,  ai>d  should  not  receive  two 
sui>i>lies  ot  coal  from  ports  of  the  same  neutral  witinn  less  than  three 
months  of  each  other. 

Tile  attention  of  the  Tribunal  is  further  invited  to  the  official  opinions 
expressed  by  the  representative  of  Great  13ritain  in  the  r..r.e-i.nj.n.pi.e. 
United  States  during  the  administration  of  President  Wash-  ;."";?,.V/  ',^'1;^; 
iugton  upon  the  duties  of  a  neutral  toward  a  belligerent;  '"'" 
and  to  the  acts  of  tlu>  flovernment  of  the  United  States  <luring  that 
administration,  preceding,  and  accompanying,  and  subse«]uent  ;.)  those 
expressions  of  opinion;  and  to  the  treaty  concluded  between  the  United 

States  :ind  Great  Britain  in  17!)4. 
[127]        *The  lirst  acts  took  place  in  the  TJnitcd  States  in  17().">,  a  year 
before  the  jKissage  of  the  lirst  American  ><eutrality  Law,  when 
the  United  States  had  nothing  but  the  law  of  nations  ami  the  sense  of 
their  duties  as  <;  neutral  to  guide  them. 

The  envoy  from  the  new  French  Republic,  ■\r.  Genet,  arrived  at 
Charleston,  in  the  I'nited  States,  early  in  April,  17iK5,  with  the  purpose 
of  making  the  i)orts  and  waters  of  the  country  tlie  base  of  hostile  opera- 
tions against  Great  liritain.  The  ste[)s  which  he  took  are  fairly  referred 
to  Ijy  Lonl  Teiiterilcn  in  the  memorandum  already  cited.-' 

Tlie  Capital  was  then  at  Philadelphia,  several  hundred  miles  distant 
from  Charleston,  with  few  regular  means  of  communication  between  the 
two  towns.  The  Government  of  the  United  States  was  in  its  early  m- 
lancy.  Four  years  only  had  passed  since  it  was  originated,  and  it  had 
not  been  tested  whether  the  iiowers  confided  to  it  would  prove  sufficient 

'  Vol.  IV,  page  175,  d  etj.  *  Vol.  IV,  iiagc  1)3,  ct  itui. 


56 


DUTIES    OF   A    Ni:uriiAL. 


for  an  cinorfjoiicy  that  iiiijilit  aiiso  in  its  Foivijiu  IJt'lations.  Tt  liad 
ncitlicr  navy,  nor  I'oivc  tliat  eonhl  Uv  convcrtc*!  into  one,  and  no  aruiy 
trn  llic  scacoasi  ;  anil  it  was  ol)li{^('(l  to  rely  npon,  and  did  actually  call 
ont,  tlic  incfinlar  niditia  of  tiic  .States  ti)  cnl'onn^  its  ordi'is, 

Undt'T  till' directions  oi'  31.  (lenct,  i)rivati'i'rs  were  litrcd  out, 
manned,  and  eoninnssione<l,  Ironi  *Cliarleston  and  otiier  ports,  [128] 
belorci  lie  reaelied  I'liiiadelpliia,  and  i>ri/es  were  hroii.iilit  in  by 
tliem.  On  the  L'L'd  of  Ai)ril,  ITlKi,  M.  (lenet  not  haviii:;'  yet  reached 
riiihidelpliia,  I'lcsidenl  Washiiif-ton  issued  hiseelehrated  |)roc!aniatiou, 
the  lirst  of  its  kind,  in  which  he  (h'dared  that  'Mlie  duty  an»l  interest 
of  the  lTiiite«l  States  reipiire  that  ihey  sliouhl,  with  sincerity  and  j^ood 
lavth,  adoiit  and  jiursue  a  coiuluct  friendly  and  iini>ailial  toward  the 
l)elli;:ierent  Powers;"  and  he  warned  all  persons  a^^aiiist  "committing-, 
aidinj;-,  or  ahettinj;'  hostilities  ajuainst  any  of  the  said  I'o.vers.'" 

The  news  of  the  coniiiifi'  of  j\I.  (li'net  had  i)recede<l  his  arrival  at  I'hil- 
adeljihia.  On  the  ITthof.AIay,  17{);>,  Mr.  Hammond,  the  then  Ilritish  3Iiii- 
ister,  made  complaint  of  his  acts,  and  (ndletl  attention  to  the  fact  that 
jirivateers  were  littinj;'  in  South  (.'aroliiia,  whi(di  he  conceived  to  be 
"breaches  of  that  neutrality  which  the  rnilc«l  States  profess  to  observe, 
and  direct  contraventions  of  the  Proclamation." 

Jle  invited  the  (lovernment  to  "pursue  su<;h  measures  as  to  its  wisdom 
may  appear  the  best  calculated  for  rejiressinj;-  such  practices  in  future, 
and  for  restoring'  to  their  lightlul  owners  any  captures  which 
these  particular  privateers  may  *attempt  tt)  bring  into  any  of  the    [12r>j 
ports  of  the  lTnite<l  States."- 

Two  days  belV)re  the  lei-eipt  of  that  representation,  Mr.  Jellerson  had 
already  C(im[)lained  to  the  French  Minister  of  these  i)roceediii.us,  and 
Id.  Genet,  on  his  arrival,  claimed  to  justily  himself  by  the  existing 
treaties  between  France  and  the  United  States. 

Otlu'r  cases  subse<pu'ntly  occurred,  in  which  Mr.  IJammoml  intei- 
vened  ;  for  an  account  of  whi(;h  the  Tribunal  of  Arbitration  is  respect- 
lidly  referred  to  Lord  Tenterden's  memorandum.  " 

The  subject  of  JNIr.  Hammond's  complaints  and  his  demand  for  the 
restoration  of  the  cajjtiired  vessels  were  under  cousujeration  until  the 
5th  of  Jiuie,  1793,  when  answers  were  given  siuiultaueously  to  31.  (lenet 
and  to  Mr.  llammond. 

The  former  was  told  that  the  United  States  could  not  tolerate  these 
acts  of  war  within  their  teriitories.  The  latter  was  told  that  effectual 
measures  wouhl  be  taken  tojuevent  a  rei)etition  of  the  acts  compliMne<l 
of;  but  as  to  restoring  the  prizes,  it  coukl  not  be  done  for  two  reasons  : 
lirst,  because  if  conunissions  to  the  juivateers  were  valid  and  the  cap- 
tures were  legal,  the  Executive  of  the  United  States  had  no  control 
over  them ;  and  if  they  were  illegal  the  owners  had  a  sufficient 
*remedy  in  the  mdional  courts;  secondly,  because  the  acts  com-  [loOj 
plained  of  had  been  done  at  a  remote  port,  without  any  privity 
of  the  United  States,  "impossible  to  have  been  known,  and  therefore 
impossibk'  to  have  been  prevented  by  'uhe  Government."^ 

It  is  worthy  of  note  that  the  owners  did  resort  to  the  courts,  and  that 
prizes  taken  by  these  privateers  were  restored  by  judicial  process.  ■• 

The  Governineut  of  General  Washington  deterndned,  however,  as  it 
had  been  informed  of  these  attempts  at  violating  the  sovereignty  of  the 
nation,  that  it  was  the  duty  of  the  United  States  not  only  to  repress 
them  in  future,  but  to  restore  prizes  that  ndght  be  captured  by  vessels 

1  Vol.  IV,  i)iiy<N  94.  aVol.IV,  pujjc  9.").  »  Vol.  IV,  pajje  97. 

*  Dana's  Wheatoii,  section  439,  note  215,  pago  .'>li().  Tliis  note,  wiiich  coiitaius  uu  ex.- 
liaustivc  review  of  the  American  policy,  may  be  found  in  Vol.  VII,  page  11. 


DUTIKS   OF   A   NEUTRAL. 


57 


It  had 

)  iinny 
11 V  call 


,    [128] 

I'aclu'd 
nation, 
nl crest 
1(1  ;j,()()(l 
ml  tlio 
nitting, 

at  Phil- 
isli  i\liii- 
iU't  that 
il  to  bo 
jbserve, 

wisdom 
1  I'lUiuv, 
•h 
le    [125>J 

[•sou  had 

n.u's,  and 

existinj;' 

id  intcr- 
ic'spcct- 

tbr  the 
util  the 
.  (ienet 

to  those 
'li'octnal 

ipliMIUMl 

I'asons : 
the  cap- 
control 

nt 

u- 

t.y 


[130] 
hereCore 


and  that 
ss.-* 

er,  as  it 

ty  of  the 

rei>ress 

,•  vessels 

',  i)a<?c  i)7. 
iius  ttu  ex- 


tliua  illoj^ally  fitted  out,  manned,  ((jnipped,  or  coniniissionod  within  the 
waters  ol  tlie  United  States  ;  or,  if  unable  to  restore  them,  then  to  make 
eompensatioM  for  them. 

TIh^  reasons  for  this  course  are  stated  in  a  letter  from  ^Ir.  Jelierson  to 
Mr.  Ilannnond,  dated  the  oth  of  fc5ei>tend)er,  ITSKJ.' 

The  United  Stat<'S  (ioveniment  also,  on  the  4th  of  Anjjust,  ITO.'J, 
issue<l  instrnetions  to  <;olleetors  of  the  customs,'-  whieh  were  in- 
[131]    tended  to  <'nl()ree  *the  Presi<lonl's  rroclamation  of  April  22.     AVe 
have  the  nuthority  of  Lord  Tonterden  for  saying  that  the  result 
of  the  puhlieation  of  those  instructions  was,  that  the  system  of  priva- 
teering was,  generally  speaking,  suppressed.'' 

From  this  examination,  it  appears  that  a  well  conceived  and  extended 
system  of  violating  the  neutrality  of  the  United  States,  when  they  were 
weak  and  the  powers  eoniided  to  their  ICxecutive  were  untried,  was  juit 
in  operation  in  April  by  the  representative  of  one  of  the  powerful  na- 
tions of  r^ur()|)o,  and  was  suppressed  before  August  witlumt  legislation  ; 
and  also  that  ilic  United  Stales  undertook  to  make  compensation  for  the  in- 
juries re^siiltinf)  from  riolations  that  had  taken  place  where  they  had  Jailed 
to  e.ce.  I  all  the  means  in  their  power  to  prevent  them. 

It  was  subse(pu'ntly  agreed  between  the  two  tiovernments^  that  in 
eases  where  restitution  of  the  prizes  should  bo  impossible,  n,  T,v.,ty.,i.N„v 
the  amount  of  the  losses  should  be  ascertained  by  a  nu'thod  ''•'•''''* 
similar  to  that  ])rovided  by  the  Treaty  of.  AVashingtou,  and  that  a 
moiiey  ])ayment  should  be  made  by  the  United  States  to  CJreat  Ihitain 
in  lieu  of  restitution.  The  examination  of  these  claims  extended 
[132]  *«»ver  a  ])eriod  of  some  years,  and  the  aniounts  of  the  .Mscertiiinod 
losses  were  eventually  paid  by  the  United  States  to  Clreat  Ibitain. 

In  the  case  of  the  "Jamaica,"  before  the  commission,  under  the  Ttli 
article  of  the  treaty  of  1704,  the  ca[)turing  vessel  was  al-  ,„„„r.M  t,.,n 
h'ged  to  have  been  armed  in  the  United  States,  but  the  'l!;VM-'M.,n,ri 
jjrize,  (the  .Jamaica,)  with  her  cargo,  was  burned  by  the  eaj)-  ■*■'■""' "'"''"'• 
tors,  and  never  brought  within  the  jurisdiction  of  the  U'lited  States. 
Upon  tliis  bare  case,  without  any  al!egatit)n  of  permission  or  neglect  by 
the  (lovernmeut  of  the  United  States  as  to  the  arming  of  the  i'ronch 
cruiser,  the  advocate  for  the  claimants  contended  that  the  law  of  na- 
I  tions  obliged  the  United  States  to  nmke  compensation.  The  claim  was 
rejected;  ''the  board  [one  gentlenuin  oidy  dissenting]  were  of  opinion 
that  the  ease  was  not  within  the  stipulation  .of  the  article  under  which 
[the  eomndssioners  act." 

A  rehearing  being  granted  and  counsel  heard,  Mr.  Gore  deliveied  the 
'^-opinion  sustaining  the  original  determination.    Alter  reviewing  lliitish 
precedents  cited  by  the  counsel  ior  the  claimants,  as  supi)orting  his 
view  of  iuteriuitional  law,  Mr.  Gore  says : 

The  counsel  for  the  claimant  seemed  to  suppose  that  the  obligation 
to  compensate  arose  from  the  circumstance  of  the  priVateer 
having  been  *originally  armed  in  the  United  States ;  but  as  there 
is  not  the  smallest  evidence  to  induce  a  belief  that  in  this  or  in  any 
other  case  the  Government  permitted,  or  in  any  degree  connived  at,  suck 
arming,  or  failed  to  use  all  the  means  in  their  power  to  prevent  such  equij)- 


tiiu 


[133] 


'  Vol.  IV,  i)aKO  100.  The  United  States  also  refer  to  Mr.  Jefferson's  letter  to  Mr. 
Il.aniiuond,  of  November  14, 17S)3. 

*  Vol.  IV,  page  97. 

3  Vol.  IV,  piijjo  101. 

<  Treaty  concluded  between  tlio  United  States  and  Great  Britain,  at  London,  Novcra- 
IV"",  ^H'.U'-*^'  commonly  known  as  "  Jay's  Treaty."  See  United  States  Statutes  at  Large, 
Vol,  VIII,  page  IIG. 


68 


DUTIES   0?^   A    NKUTRAL. 


'1  111'  niiilrnlit.v  l.iwn 

1)1     III!'     llntiil  St:lli.t 
«*Il:lrtcil  ill  lllf  rctjlli-ft 

ur  (.iruat  llrjtuilt. 


went,  tlicro  is  no  pioinid  to  sii|»iH)i't  ii  cliiiryo  on  tlio  faot  tliat  tlio  annn- 
ij)»'nt  <)ii;;iiiat('(l  in  tlicir  ])(irts.''' 

All  llicsc  steps  jirior  to  171) I  wnv  talccnby  tlic  Uiiitod  Shtti's  imdcr 
tlic  fi«'iicial  lilies  of  liiteniatioiial  Law,  w  itliont  tlie  aid  ol  a  loeal  statute, 
ill  order  to  pei  luiiii  what  ."Mr.  .JelVersoii  called  "  their  duty  as  a  neutral 
nati(»ii  to  prohibit  such  acts  as  would  injure  one  of  tluMvarriiif;' powers. "- 
In  I7!)4,  liowe\'er,  the  Conjiress  of  the  I'liited  S{at<",  on  the  application 
of  (Ireat  IJritain,  i)assed  a  statute. jnohihitin^'  such  acts,  under  heavy 
])enallies. '' 

TIm'  fieneral  i)ro\isions  of  the  TTiiited  States  act  ol"  ISIS 

(which  is  stiil  in  force)  are  set  forth  in  note  1,  on  paj^c  114. 

This  act  was  passed  at  the  recniest  of  the  lN)rtu;L;('se  (lov- 
ernuHMit.  Tlu^  act  of  IH.'IS  was  enacted  on  tlu^  sn.i'\y«'stion  of  (Ireat 
J5rilaiii.  In  the  yeai"  ]<S.'>7  a  forniidahle  rebellion  a'^ainst  (ileal  Britain 
broke  out  in  Canada.  Syinpathi/.ers  w  ith  the  insiirjicnts  bcjuin 
nin;;'  to  *<iather  on  the  northern  frontier  of  the  United  States,  Mr.  [I'M] 
Fox  the  Jhitish  Minister  at  Washin/iton,  "  solemnly  ai»pealed  to 
the  Supreme  (lovernineiit  i)romptly  to  interpose  its  sovercijiii  authority 
for  arrestin<>'  the  disorders,"  and  in(]nircd  Avhat  means  it  proposed  to 
employ  for  that  ])iirpose.  The  President  immediately  addressed  a  com- 
inunication  to  Congress,  calliii;^'  attention  to  delects  in  the  existiii}^ 
statute,  and  askiny  that  the  Executive  mif>ht  be  clothed  with  adi-qnato 
l»ower  to  restrain  all  persons  within  the,  jurisdiction  ol"  the  Unite<l 
States  from  the  commission  of  acts  of  tho  character  comi)hiined  of. 
Conj^ress,  thereupon,  i)assed  tho  act  of  l.S;5S.  Thus  (ireat  Hritain  once 
7nore  asked  th<'  United  States  to  amend  their  neutrality  laws,  in  ]>iitisli 
interest,  so  as  to  give  more  power  to  the  Executive,  and  the  request  was 
complied  with. 

c,..u  ti,-  i>;,ri.  1"  ^''^  yf'^i*  1Sr)5,  (ireat  Britain  beinj;- then  at  warwitli  71ns- 
"""^-  sia,  it  was  supposed  by  the  Jiritish  Consul,  at  Xew  York, 

that  a  vessel  called  the  J\Iaury,  which  was  beiii/i,"  innocently  fitted  out 
at  New  Voik  for  the  ('liina  trade,  was  intended  as  a  Russian  privateer. 
The  British  ^Minister  at  Washinjiton  at  once  called  the  attention  of  Mr. 
IMarcy,  the  then  Secretaryof  State,  to  this  vessel.  The  allidavits  which 
he  iiK'losed  for  the  consideration  of  the  Secretary  of  State  fell  far, 
very  far  short  of  *the  evidence  which  Mr.  Adams  submitied  to  [13o] 
ICarl  Bassell  in  re;.iard  to  the  JJverpool  cruisers.  The  whole  foun- 
dation v.hich  the  ihitish  ?.Iinister  furnished  for  the  action  of  the  United 
States  v\;:s  the  "  belief''  of  the  Consul,  his  lawyer,  and  two  police  olli- 
cers,  that  the  vessel  was  intended  for  I'ussian  service.  This  was  com- 
niunicated  to  the  (iovernment  of  the  Unitei'  Sta"^es  on  the  11th  of  Octo- 
ber. Notwitlistandinji;  the  feebleness  of  ii.e  so;  -don,  the  ])roseciiting 
oflicer  of  the  United  States  was,  on  t!i  >  i^'rh  «;f  i^tober,  instructed  by 
tele.n'raph  to  "  prosecute  if  cause  a])pe.i'>*,'  ar'O  »  r..-*  at  work  on  the  l.'Uh 
in  order  to  i)revcnt  a  violation  of  tlu-'  ^'s^>',r^'c:u\-  of  the  United  States 
to  the  injury  of  (ireat  Britain.''  The  p-'veedings  given  at  length  in  the 
accom])anying  volumes  show  with  what  rai)idity  and  zeal  the  investiga- 
tion was  made,  and  that  the  charge  was  at  oncti  proved  to  be  unfounded. 
J 11  all  this  correspondence  and  tliese  piecedents,  the  iol- 

lowiiig  principles  appear  to  have  been  assumed  by  the  two 

Governments : 

1.  That  the  belligerent  may  call  upon  the  neutral  to  enforce  its  muni- 
cipal proclatnations  as  well  its  municipal  laws. 

'  2i\  Vol.  Mnis.  Oi)iiiioi)s,  Depaitiiiont  of  State. 

■•^  Mr.  JclR'i'.son  to  M.  Gciict,  .June  f),  179:!.    Jeftorson's  Works,  Vol.  Ill,  page  572. 

3  Mr.  Camiinjj's  spewli,  eitod  a«/c,  pago  107. 

<  Vol.  IV,  pagos  53-GJi. 


rririeipli's  thuH 
rer  <i(Mii/id  I).v  the 
IwoOoverniiK-iits. 


1 


i 


DUTIES    OF    A    NEUTRAL. 


50 


2.  Tli;it  it  is  tlic  <luly  of  Hie  iicntiiil,  wlicii  flio  fact  of  tlic  intcu- 

[l.'JdJ    (led  \  ioliitloii  of  its  so\  cici^iiuy  is  ^iiiscloscd.  citiicr  tiiioii;^li  llio 

ii;;('iic.v  of    IIk"  i('|ir('sciitiiii\t'  of  the  lu'liificiciit,  or  lliroii;;li  tiu^ 

\  i^iliiiic«'  of  the  iieutiiil,  to  use  all  tlio  inoaiis  in  it.s  power  to  lucvciit 

tiic  \  ioliitioii. 

;>.  Tliiit  wUvu  tlM'i't^  is  a  failiuc  to  use  all  llic  lucaiis  in  the  powiT  of 
a  iiciitial  to  |)rt'V('nt  a  brcacli  ol"  the  neutrality  of  its  soil  or  wateis, 
tlicie  is  an  ohli^ation  on  tlie  part  of  the  neutral  t<t  nuiivc  eoniiM'usation 
for  llie  iiijiny  resnltin^Mherefroni. 

Tlie  I'uited  States  are  aware  tliat  some  eminent  I'.nylisli 

,     ,.      .  •,   •  .1  1     .  .  i-         ^  »  til'  (iMiHfttirll     tri    make 

imiilieists,  wiitinj;'  <tn  the  snnjeet  ol  the  '•  Aliihauui  ....n.  .■-ut.uu  i,.r  ...- 
riaiiiis,"'  have  nuiintained  that  the  oblij^ation  insiu-h  ease 
to  make  compensation  would  not  necessarily  follow  the  jn'oof  of  tlio 
commission  ol  the  wronji;  but  the  United  States  eontidently  insist  that 
sacli  a  result  is  entirely  inconsistent  with  the  course  i)ursued  by  (ireat 
Jhitaiu  and  the  United  Stales,  durinj;'  lh<'  a<lniinistration  of  (General 
A\  nsliin.yton,  when  (Ireat  Uritain  claimed  of  the  l'nite«l  States  eompen- 
sat  inn  for  losses  sustained  from  the  acts  of  cruisers  t'.i:;!  ha<l  received 
varliUe  additions  in  the  ports  of  the  I'nite«l  States,  and  the  I  nited 
States  admitted  the  Justice  of  tlie  claim,  and  paid  the  eomiiensation 
demanded.  'J'hc  United  States  als()  jtoint  to  the  similar  c(tinpensation 
made  by  them  to  Spain  in  the  treaty  of  l.Sl!>,  forsindlar  injuries 
[lo7]  inllicted  on  *.Spanisli  commerce  durin;^,'  the  War  of  the  Indepen- 
deiice  of  the  S[)anish  American  Colonies,  as  showing  the  sense 
of  Spain  on  this  ])oint. 

Jn  the  course  of  the  l()n,n' discussions  between  the  two  (lovernnieiits 
on  the  Alabama  claims,  (Ireat  Britain  has  attempted  to  c „rr.-.  1.0.1.1..,,, » 
justify  its  course  by  a  lel'erence  to  the  conduct  of  the  United  m!,k!, r,/j'i'.uM ubJi! 
State's  toward  I'or'tngal  between  I.sk;  and  LSl'L*.' 

These  several  n-plies  of  3Ii'.  Ade.ms  iimply  (h-lended  the  course  of  tlio 
United  Stati-s  in   that  alfair.     From  the  replies  and  from  the  oliicial 
de.cmiients  referred  to  in  them,  it  would  apjiear  that  in  the  yi'ar  l.s.")0 
the  Inited  States  had  bronj^ht  to  the  ]>oint  of  settlement  a  lonjA-stand- 
iii;^  I'laim  ayainst  I'ortu.nal,  for  the  deslrnetion  of  the  American  armed 
brij;'  (leiieral  Armstrong,   in   the   harbor  of  Fayal,  in   the  year  J.SUi. 
'J  hey  were  at  the  same  time  ju'cssing  some  other  claims  against  I'ortugal, 
and  were  conducting  a  corresjiondence  with  the  I'ortngnese  Legation  at 
:  "\\  asliingfon,  growing  out  of  the  seizure  ot  a  J'ortt;gU(  se  sla\ei'.- 
i     'ihe  roitnguesedcn'ernment,  asanotVset  to  these  claims  ol  the  United 
•'H  States,  revived  some   exploded  claims  of  J'ortugal  agr.inst  the  I'nited 
'^  Slates,  lor  iiljcj-ed  violation  of  neutrality,  that  had  slumbered  for  nearly 
thirty  years.     These  are  the  claims  rel'erred  to  by  l^arl  Jvussell  in 
{l.'JSj    his  note  to  *j\Ir.  Adams  of  ^lay  4,  l.sc.'),''  and  his  note  to  the  same 
ol  August  ^iO,  LSO.j,'  and  his  note  to  the  same  dated  >.'oveiuber  1*, 
18G."»."    UdVil  Kussell  asserts  that  the  comidaints  of  rortugal  were  more 
tie(iuent  and  extended  to  a  larger  amount  of  projierty  alter  LSbS  than 
they  had  done  lu'lbie.     iMr.  Adams  denies  this  allegation,''  and  his  denial 
is  supported  by  the  evidence  in  possession  of  the  Government  of  tho 
Unite<l  States. 

The  facts  appear  to  be  tlie.«e  :  Ou  the  20th  December,  1810,  the  Tor- 
tngue.se  :\Iiiiister  informed  the  then  Secretary  of  State  (Mr.  Monroe)  of 
the  litting  out  of  privateers  at  Baltimore  to  act  against  Portugal,  iu 

'  Vol.  Ill,  im<j;(>8  ii5G-.'C0. 

^  Exfciitivf  Ddciiinent  No.  53,  32d  Congress,  Ist  session. 

=*  Vol.  Ill,  j,.,gu  525.  *  Vol.  Ill,  page  54a 

*Vol.  Ill,  page  564.  eVoi.  Ill,  i)ago  U'-il. 


^p 


60 


DUTIES   OF   A   NEUTRAL. 


cnso  it  slionld  turn  out  tliiit  tliiit  (lovcriiUHMit  wiis  iit  wnrvitli  tlio  "solf- 
.^t.vlcd  (lovt'iiiiiH'iit  (»r  IWu'iios  AviTs."  lie,  liirtlicr  st;itr«l  lliat  li<' did 
not  iii;di<' IIh' iipplicidioii  ill  Older  "  to  raise  allcrcatifnis  or  to  r('(|uii'<' 
satistiictioii,"  l)iil  tiiat  lie  .solicited  '*tlie  proposition  toCoiijuri'ss  of  siieli 
jtrovisioiis  by  law  as  will  prevent  siieh  attempts  lor  the  liit are,"  Ix-in;;' 
*' persuaded  that  my  [his]  ma;;iianimons  Soverei]L;n  will  receive  a  moi'e 
di^nilit'd  satisraclion,  aial  worthier  of  his  hiyli  character,  hy  the  enaet- 
iiM'iit  of  siieh  laws  by  the  Tniteil  States."  iSIr.  Monroe  replied,  on  the 
L*7th  of  the  same  month,  "  I  have  commnnicated  your  letter  to  the 
rre.sith'iit,  and  have  now  the  lionor  to  transmit  to  yon  a  copy 
*of  a  iiiessaiHtMvhich  he  has  addressed  to  (Joiiffress  on  the  snl»-  [l.'i!)J 
ject,  \\ith  a  view  to  obtaiii  siM*h  an  extension,  by  law,  of  the  K\- 
ecntive  power  as  will  be  necessary  to  preserve  tlu^  stiict  n<Mitrality  of 


the  United  States, 


and  eU'ectnally  to  j^uard  against  the 


S    ti;! 


danger  in  rt  ^'iird  to  the  vessels  of  your  Sovereif^n  which  you  have  an- 
ticii)ated."  The  act  of  1817  was  passed  and  otlicially  communicated  to 
the  Portu^^iiese  :\Iinister  on  the  l.Uh  of  .Alarch,  1S17.  On  the  l.'Uli  of 
]\Iay,  1M7,  the  Portiijjnesei  IVlinister  informed  the  Secretary  of  State 
that  althoii,nh  "  the  law  passed  at  the  last  session  of  Confi'i'ess  obviated 
a  {j:reat  part  of  the  evils"  of  whicili  he  complaincil,  he  feared  there 
would  be  a  lack  of  vij»ilance  on  tlu^  part  of  some  of  the  otlicials,  and  he 
asked  for  special  instructions  to  them.  On  the  8th  of  ^larch,  1818,  Ik- 
complained  to  IMr.  John  (^uincy  Adajiis,  then  Secretary  of  Stat<',  of  the 
capture  of  "  three  Portuj^uese  ships,  captured  by  i)rivateers  fitted  in 
the  United  States,  manned  by  Atnerican  crews,  and  command»Ml  by 
American  captains,  thouj;h  rmder  iiisur^^ent  colors;"  and  he  asked  for 
satisfaction  and  indemnilication  ibr  the  injury.  The  note  makiiiin"  this 
comjilaint  contained  neither  i)i(iof  of  the  alieji;ations  in  the  note  as  to 
the  littinj;'  out  of  vessels  in  the  United  States,  or  as  t<>  their  being 
manned  by  Americans,  nor  indications  from  which  the  Unit<'d 
States  might  have  discovered  *those  facts  for  themselves.  The  [140] 
Secretary  of  State,  therefore,  in  reply  to  such  an  allegation,  very 
l)roi)erIy  stated  the  fact  that  the  United  States  ha«l  "used  all  the  means 
in  its  i)ower  to  pievent  the  fitting  out  and  arming  of  vessels  in  their  pcu'ts 
to  cruise  against  any  nation  with  whom  they  were  at  ])eace,"  and  had 
"faithfully  carried  into  execution  the  laws  to  preserve  inviolate  the 
neutral  an«l  i)acific  obligations  of  the  Union  ;"  and  therefore  could  not 
consider  themselves  "bound  to  indemnify  individual  foreigners  for 
losses  bj  cai)tures."  It  will  rot  escape  the  notice  of  the  Tribunal  that 
Mr.  Adams  calls  attention  to  the  distinction  between  the  national  obli- 
gations under  the  law  of  nations  and  the  duty  of  the  Government  to 
execute  the  municipal  law ;  and  that  he  grounds  his  refusal  upon  the 
fact  that  both  have  been  complied  with. 

The  Portuguese  Minister  lu^xt  complains  (October  15,  1818)  that  a 
privateer  is  lifting  out  in  Baltimore,  and  the  Secretary  of  State 
orders  a  ])rosecutiou  and  asks  for  the  names  of  the  witnesses,  and  it 
appears  that  before  November  13th  the  Portuguese  Minister  is  informed 
that  the  grand  jury  have  found  a  bill  against  the  accused.  Ou  the  14th 
of  November  the  Portuguese  Minister  sends  to  the  Secretary  of  State 
depositions  and  the  names  of  witnesses,  and  informs  him  that 
he  is  alarmed  at  the  "thick  crowd  of  individuals  who  *are  en-  fl4J] 
gaged  in  this  iniquitous  business,"  and  that  "  great  care  has  been 
taken  to  intercept  the  notice  of  such  facts  from  the  knowledge  of  the 
Executive."  Mr.  Adams,  on  the  18th  of  November,  informs  the  ISFinis- 
ter  that  the  evidence  has  been  placed  in  the  hands  of  the  prosecuting 
attorney  of  the  United  States.     It  thus  appears  that  the  second  com- 


DUTIES   OF   A  XIUJTRAL. 


Gl 


liit  Ik'  tliil 
0  i('(iiiin' 
;s  of  siicli 


(>     11    IIIOI'C 

tlic  CllllCf- 
'»1,  <»M  tlic 
Ml'    to    tllC 

>i'y 

111.-    [V,i\)\ 

itiiility  of 
[iiiiist  tlio 

liiivc  an- 
iii('iit«'(l  to 
«',  l.ith  of 

of  State 
I  ohviatt'd 
red  tlu'ie 
Is,  iiiid  ht! 
,  181S,  lio 
lie,  of  tlic 

UtttMl  ill 
iiii<l(Ml  l>y 
iiskcd  for 
ikinji'  this 
lolc  as  to 
cir  being 
ted 
Hie    [140] 

tM'y 

the  moniis 
loir  ports 
anil  had 
lolato  the 
I'onld  not 
yiu'i-s  for 
uiial  tliat 
ioiial  obli- 

llllU'Ut   to 

upon  tbo 

IS)  tbat  .1 
of   Stat_e 

's,  and  it 
informed 

I  tlie  14th 
of  State 

I I  at 

eu-    [141] 

eeii 

ge  of  the 

lie  ^Minis- 

osecuting 

,'oud  coin- 


]ilaint  was  disposed  of  to  the  satisfaction  of  the  representative  of  Por- 
tugal. 

Tilt-  tliiid  complaint,  made  on  the  1  llli  of  December,  iSlS,  states  that 
an  aniM'd  \ess»'l  «!alled  IIk'  Iiiesistilile,  sailing  ninU'r  so  called  Ailigan 
ciiluis,  was  committing  de|)i'cdatioiis  on  tlic  coast  of  Iba/il,  and  that  the 
cdmiiiaiidci"  and  <'i'e\v  of  the  vessel  wcic  al'  * 
o 


iiMiiiii.iiMK  •  .1....  >.«...'.  .... ....  Anierii-ans.      It  will   Im^ 

oiiservcd  that  in  this  com|ilaint  ther(>  is  no  charge  made  of  an  illegal 
use  ot  the  soil  or  waters  of  the  I'niteil  .States  in  violation  of  their  duties 
as  a  neutral.  The  charge  is  that  eiti/.eiis  of  the  '"liteil  States,  beyond 
tlieir  Jaiisdictioii,  have  taken  service  under  ii  belligerent  against  I'or- 

tiigal. 

The  next  commniiieation  from  the  Portugueses  3Iinister  is  mach'  on  the 
4tli  of  JM'Iniiary,  ISl!).  lie  asks  to  have  the  neutrality  act  of  LSI 7  eon- 
tinned.  TIm'  Secretary  of  State  answers,  on  the  !)th,  that  that  has  already 
been  done  by  the  passage  of  the  act  of  1818.     This  ai>pears  to  have  been 

regarded  as  entirely  satisfaettny. 
i[l  12]       *Tlie  next  note  is  dated  the  ITtli  of  :>rarch,  ISIO.  Although  stat- 
I  ing  that  there  were  j.ersons  in  the  IT nite«l  States  "  interested  in 

fthis  iuiiiuitous  pursuit  of  plundering  the  lawful  jiroperty  of  an  inotlen- 
8ive  I'lieiidly  nation,"  in  which  statement  the  ^linister  undoubtedly  sui.- 
'  posed  that  lie  was  correct,  hv  says  that  he  has  "abstaine«l  from  written 
applications  about  the  new  individual  oll'enses,"  and  he  makes  no  iiar- 
v^ticiilar  <'omplaiiit,  furnishes  no  evi<lence,  and  indicates  no  siispi<'ions. 
|It  appears  to  be  the  objectt  of  the  note  to  induce  the  (Jovi>rnnient  of  the 
.iUnil('(lStatest()  withdraw- its  recognition  of  the  Artigau  Hag.    "If  this," 
'|he  says,  "  is  oii<;e  de«'lared  illegal,  ami  the  jirizes  made  under  it  acts  of 
■^Ipiracy,  all  occasions  of  bitterness  and  mistrust  are  ilone  away."'   "  I  can, 
«^in  the  capacity  of  Minister  of  my  Sovereign,  certify  you  solemnly,  and 
Jollicially  too,  if  necessary,  that  Artigas   and  his  followers  liav(^  been 
Mcj-))(llcil/(ir  J'i(,>n  the  vountrics  that  eoithl  aJ)o)'(}  them  the  least  means  and 
''^%[)oH-ef  o/mnujul'mj,  and  <vn.se<iuently  have  no  rUjht  tojifjht  h\i  sea.     ^Vhat 
fbecomes,  then,  of  the  rights  of  privateers  under  this  tiagf"     When  the 
iTribunal  eome  to  consider  the  ease  of  the  Shenandoah  at  Melbourne  they 
will  tind  this  language,  which  was  referred  to  with  approbation, 
[M;>]      and  assumed  by  Earl  liussell,'  to  be  exactly  in  point  in  *dispo.s- 
ing  of  the  claims  growing  out  «)f  the  acts  of'  that  vessel. 
On  the  L'l'd  of  April  the  Secretary  of  State  acknowU-dges  the  note  of 
)eceiiiber  1 1,  1818,  and  says  that  he  is  informed  the  <-omniaiider  of  the 
Irresistible  has  returned  to  Baltimore,  and  will  be  luosecuted  for  a  vio- 
lation of  neutrality,  and  asks  the  Minister  to  iurnish  proof  for  tlie  trial. 
r   On  the  L'.Ul  of  November,  1810,  the  .Alinister  again  comidained.     He 
eays  :  ••  Om-  city  alone  on  this  coast  has  armed  twenty-six  ships,  which 
prey  on  our  vitals,  and  u  week  ago  three  armed  ships  of  this  nature 
were  in  that  iiort  waiting  for  a  favoi  able  occasion  of  sailingfora  cruise." 
But  he  fiirnislics  no  tacts,  and  he  gives  neither  proof  nor  tact  indicating 
ithe  city  or  the  district  which  he  suspected,  and  notliing  to  atbnd  the 
jGovernment  any  light  for  impiiry  or  investigation.     On  the  contrary, 
[lie  says :  "  /  shall  not  tire  you  n-ith  the  nnmerons  instanees  of  these  faets; "' 
[and  he  adds,  as  if  attaching  little  or  no  real  importance  to  the  matter: 
I"  belying  contidently  on  the  successlul  eHorts  of  this  Government,  I 
^choose  this  moment  to  pay  a  visit  to  Brazil:^ 

On  the  4th  of  June,  1820,  the  Minister,  not  yet  having  departed,  in- 
ini  n    ^-"''"\^  ^^'^  Secretary  of  State  that  he  desires  to  otter  his  "  thanks 
[144]    lor  the  law  that  prohibits  tlie  entrance  of  privateers  in  the  *most 


»  Vol.  Ill,  page  5CG. 


wm 


62 


DUTIES   OK   A   NEUTRAL. 


«: 


iinport.'uit  ports  of  tho  Union ; "  that  lie  "  acknowltHljuos  tlic  snlntaiy 
infliM'ncc  of  the  J'^xccntivo.  in  obtaining?  tlicso  ameliorations;"  and 
tliat  \vo.  is  "fully  jxTsuadi'd  of  the  sincere  wislies  of  tliis  OovernnKjiit 
to  put  a  stop  to  i>ra<-'tiees  so  contrary  to  frit.uUy  intercourse."' 

l)n  the  Stii  of -lunc,  l.SL'O,  he  jiives  info> 'nation  ola  formidable  priv;-.- 
veer,  which  he  says  is  to  bo  iitted  out  at  Baltimore,  and  ad<ls  that  he 
''has  not  the  least  doubt  that  the  supreme  Executive  has  both  the  i)o\Yer 
and  Ihe  will  of  pu'.tinjij  a  stop  to  this  hostile  armament;  ''  to  which  tlic 
Sei;reiary  of  State,  on  the  I'Oth  of  July,  replies  that  "such  measure.-",  have 
been  and  wid  continue  to  be  taken,  under  direction  of  the  President,  as 
are  within  the  competency  of  the  Executive,  and  may  serve  to  main- 
tain inviolate  the  laws  of  tin;  TTnited  States  ai)plicable  to  the  case." 

On  the  l()th  of  .Inly  the  Miinster  "laid  befon^  this  (loveri\ment  the 
names  and  value  of  nineteen  I'ortui^uese  ships  and  tluMr  cari^oes,  taken 
by  piivate  arn;ed  ships  fitted  in  the  ])orts  of  the  Uidon  by  <'itizens  of 
these  Slates;"  but  he  did  not  accompany  this  alleviation  with  ])r()of  of 
such  littiniL;,  or  with  anythiiij^"  tcndin.y  in  the  remotest  ilej^iee  to  lix  ii 
liability  on  the  United  States,  v-  to  atlord  them  the  means  of  an  indc 
]»endent  examination.  lU^  also  proposed  a  Joint  commission  for 
the  se(*tlement  of  these  nuitters,  which  the  S<'cretary  of  State,  on  [l-l.")] 
the  .iOth  of  Septend)er,  ISL'O,  (h'ciined,  sayin;^-  that  "the  Govern- 
ment of  the  United  State's  ha.s  neither  countenanced  nor  permitted  any 
\iolation  of  neutrality  by  their  citizens.  They  have,  by  various  and 
successive  acts  of  le,i;isl;ition,  maidfested  their  constant  earnestness  t<. 
fidlill  their  duties  toward  all  }>arties  to  the  war.  They  have  repressed 
every  intemleu  violation  of  them  which  has  l»e<'n  brou^iiht  before  their 
courts  and  sid)stantiated  by  testimony."  Other  claims  were  trans- 
mitted to  the  riiiicd  Statj's  (iovernment  on  tlu'  -fth  of  l)ecemb(M',  IKiM). 
unaccompanied,  iis  had  be<'!i  the  invariable  case  before,  by  iinytiiinu 
tendiii'jto  show  a  Iial>ility  in  the  Unit«*d  States  to  make  compensation. 

The  casi'  appears  to  have  been  ci.tsed  by  an  otter  iVom  I'oitn.ual,  on 
the  1st  of  April,  ISi'L'.  to  iLcrant  to  tlu'  I'-ited  States  exceptional  com- 
niercial  advantaines  if  the  I'nited  States  would  recoj;nize  these  claims, 
and  the  iclhsal  ot  the  rnitc<l  States,  on  the  .UMli  of  Aiuil,  to  do  so. 

It  is  worthy  of  remark'  that  in  ICarl  Ivussell's  (daborate  statement  ot 
this corresp(Mni(  nee,  in  his  note  of  the  .'StMli  of  August,  LSt).").  he  omits, 
with  a  completcMcss  whitdi  arjiiies  design,  certain  ])arts  of  it  wldcli 
showed  that  tiie  iiiited  States  were  aidmated  vvjUi  aconstant 
desiic  to  perlbrm  their  ^'international  duties.  Tims,  iM)tliin.n  i  •!  [1  Klj 
.■■■•■'id  of  the  .rurtu-uucse  note  ot  j-'idirnary  4.  ISl!),  askin.y  that  tlie 
neutrality  act  (f  lsl7  may  beeontinticd  in  foice,  and  the  Anieii<'an  reply 
stalJ!);;-  tiiat  it  had  liei-n  so  continued,  Nothin.u'  is  said  of  tln^  American 
note  <»l  the  L'L'd  (tf  April,  bsis.  statin.u"  that  the  coiiMnander  of  the  Irrc 
sistible,  the  vessel  reterrc d  tt>  in  the  Portuj;nese  note  of  ])vccinl>er  It. 
ISIS,  had  returned  to  llaltinKire  and  would  be  ])rosecut<'d.  The  Amef 
ican  note  ot  the  LMIth  of  .Iiily,  ISL'O,  is  also  omitted,  in  wl.  ih,  in  answer 
to  the  PortUfincse  mite  of  llu-  Sth  of  .him',  isilO,  it  is  staled  thai  meas 
ures  have  been,  ai;<l  wi'l  continue  to  be,  taken  to  maintain  in\iolate  the 
lawsof  th<'  Ijnited  Slates. 

The  tiibunal  of  arltitration  eanm)t  fail  to  observe  that  these  sup- 
pres.sed  notes  had  an  importaid  bearinji'  in  forming;  a  jiuK"'''icnt  npoi; 
the  correctness  of  the  condui-t  of  the  (lovernmetit  of  tho  iJnite<l  States 
in  this  c:!se — a  case,  which  has  received  the  oflicial  ai>proval  of  lOarl 
liiissell,  as  Jler  Majesty's  Principal  Se<a'<'iary  of  State  for  Forei}j;n  At 
lairs.  Ei'om  a  cantiid  review  of  the  whole  <'orrespoji<U'nce,  it  appears 
that  the  Unit-.'d  States  admitted  or  assorted  tl»e  following  propositions, 


to 


I 

% 
•I 


■  I 


off* 


DUTIES    OF   A   iNKUTKAL. 


G3 


e  salutary 
niis;"  and 
()vernin(.'iit 

able  priv;-.- 
Ids  that  he 
I  tlu*  power 

I  which  the 
isiii'cs.  have 
vsident,  iis 
c  to  main- 
'  case." 
rnin('i\t  the 
:i()t's,  taken 

citizi'iis  of 
ith  ])roof«tt' 
:r<'('  to  lix  11 
of  an  iii(U'- 

II  lor 

0,  on  [145] 
^t'lii- 

•niittod  any 

aiious  and 

■nostness  t(. 

0  repressed 

l)efore  tlieir 

were  trans- 

ml)er,  ISiMi. 

y  anvthin;; 

npensation. 

orrn.ual,  on 

ional  com- 

se  ehiinis. 

()  so. 

(t»'nient  ot 

he  omits. 

it    wl'ieli 

ant 

-i>    [IKli 

le 

rican  reply 
Vmericiiii 
)t' the  lire 
('enil)ei"  1  i. 
The  Anier 
in  answer 
!hai  nieas 
\ioh)te  the 

tliese  RU])- 
iient  upon 
ited  Stales 
a1  of  I'/irl 
\»rei;j;n  At- 
it  appears 
opositioiKS, 


t  t 


to  -which  Tier  ^Majesty's  govoinnient,  through  Earl  Russell,  has  givou 

its  assent: 
[1 17]        1.  That  a  neutral  soveinnient  i.-  bound  to  wi^.o  *all  the  means  in 
its  ]iower  to  i>ivvent  the  eqnipiiing,  nttinj--  oul,  or     i.n„,,„i.,H  ,«•.,«- 
arniini:',  within  its  jurisdietion,  of  vessels  inteniled  to  eruise  ;;";;!,;,';,i''"' '' 
ajiainst  a  po\\\  r  with  nhit-li  it  is  at  peace. 

L'.  If  the  means  >vith)n  its  iiower  are.  in  the  opinion  of  either  bellijier- 
ent,  ina(h'(|nate  for  the  purpose,  it  is  bound  to  receive  sujij^^estions  of 
ehan/^-es  from  tlie  bellij;erent,  antl  if  it  be  true  that  the  means  are  inad- 
etpiate,  it  should  so  ameml  its  laws,  either  in  accoids'nce  witli  such  suj»- 
gestions  or  otlierwise,  as  to  put  ne\>'  and  more  etlectivc  means  in  the 
hands  of  its  Executive. 

;».  That  it  is  bound  to  institute  proeeedin;is  under  its  lawsajjainst  all 
vv'ssels  as  to  which  reasonable  <>rounds  for  susjticion  are  made  to  appear, 
even  if  tin;  j^rounds  ibr  susiiicion  fall  short  of  lef^al  pioof. 

The  Government  of   l*ortujj;al,   duiinji;  the   whole  correspondence, 
oll'ered   no  evidence  to  jjrove  that  cai)tures  had  been   made  ly  armed 
1  vessels  ille<;ally  litted  out,  equi[>ite(l,  or  armed  in  the  United  States,  nor 
I  even  statements  of  lacts  tending-  to  lead  to  the  discovery  of   uieh  evi- 
dence, which  were  m)t  at  once  used  fer  the  jaupose  of  detainin<jf  such 
vessels,  or  (tf  itunishinjf  the  jjfuilty  i)arties;  nor  did  they  contest  by- 
proof  the  alleviation  of  Mr.  Joh?i  (^)uincy  Atlams  that   the  Government 
of  the  United  States  had  tlone  everything  in   its  ])ower  to  i)er- 
[148]    form  its  duties  as  a  neutral,  and  to  execute  its  laws.    The  *cor- 
respondence  sliows  exclusively  that  in  every  case  in  which  the 
}:  United  Slates  was  furnished  either  with  jiositix  e  legal  juoof,  or  with 
I  such  an  intimation  of  the  facts  as  would  enable  them  to  pursue  the  in- 
ivestigation  themselves,  they  acted  with  the  vigor  which  was  required 
-of  tliem  l)y  International  Law,  and  which  Great  .Britain  failed  to  show 
in  similar  cases  daring  the  rebellion. 

The  claims  lay  buried  until  they  were  exhumed  by  Mr.  Figaniere,  in 


the  Treaty  of  WasJiingtcm.     It  is  true  that  it  wjis  thought  essential  by 

the  l!ritish  iiejuotiaiors  to  iiisevt  in  that  instrument  a  <!e<daralion  (Ui  the 

.l)ait  o!  Ilei  Maji'sty's  G(»v«ri:ment  that  they  could  not  consent  to  those 

rules  US  a  stalenieiit  ol   ]iiineiples  of  International  Law  which  wi-re  in 

force  at  the  lime  when  tlu'  claims  now  umier  discussi<ai  arose.     Ibit  the 

Uiiiletl  Sijites  were  then,  and  are  still,  ot   the  opinion,  and    they  coiili- 

denlly  think   that   the  Tribunal  of  Arbitration  will  agn'-e  willi 

[l-i'l]    t'u!  Ml,  not  only  that  those  rules  weii-  then  in  tbrce,  bi  t  *that  there 

weic  ;ilso  other  rules  of  Iiiteiiiational  Law  then  in  tbrce,  not  iii- 

e«)nsistent  with  them,  delining,  with  still  greater  strictness,  the  duties 

of  a  neutral  in  time  of  war. 

Aiiiele  VI  ol  the  Treaty  of  Washington  contains  the  following  rules: 

"  A  neutral  goV(>rnment  is  b(»und — 

"  I'irst,  to  ns(«  dnv  diiigen<-e  to  prevent  the  fitting  out,  arming,  or 
equipping,  within  itsjiirisdiction,  of  any  vessel  which  it  has  reasonable 
gnaiiid  to  bi'lieve  is  intemled  to  cruise  or  to  carry  on  war  against  a 
Power  with  which  it  is  at  peace;  and  also  to  use  like  diligence  to  pre- 
vent the  departure  from  its  jurisdiction  oi  any  vessel  intended  to  ciuiso 
or  carry  on  war  as  above,  such  vessel  having'beeii  specially  adapted,  iu 
whole  or  in  part,  within  such  jurisdiction,  t«>  warlike  use. 


G4 


DUTIES    OF   A   NEUTRAL. 


X 


"  SocoTidly,  not  to  pen  nit  or  suHct  oltlior  belli^orcTit  to  nialio  use  of 
its  j)()its  or  waters  as  the  base  of  naval  operations  aj;ainst  tlu'  otlicr,  or 
for  tlu'  i)nrpose  of  tlio  renewal  or  aiignienlation  of  military  KUpplies  or 
arms,  or  the  recrnitmenl  of  men. 

"  Thirdly,  to  e\ei<-ise  due  dili<>;enee  in  its  own  i)orts  and  waters,  and, 
as  to  all  ]iersons  within  its  jurisdictiun,  to  prevent  any  violation  of  the 
forejioin};  olilii'.ations  and  dniies." 

Article  \'I  I  contains  the  f'ollowiii.u'  provision  as  to  compensation  :  "In 
case  the  Tribunal  linds*  that  (irei'.t  JJritaiii  has  failed  to  i'uHiU'any 
<Iuty  or  dniies  as  aforesaid,  it  may,  if  it  thiidc  jnopcr,  proceed  to  [150] 
award  a  sum  in  ^ross,  to  be  paid  by  (5reat  Britain  to  the  United 
Stati's,  lor  all  the  claims  refeiri'd  to  it ;"  and  Article  X  i>vovides  that,  "in 
case  the  Tribunal  find  that  (Ireat  Ibitain  has  failed  to  fuKill  any  duty  or 
dutiesasaforesaid,and  does  not  award  a  sum  in  j^ross,  t  he  hi<>h  contractinj;' 
l)artiesaiL'ree  that  a  Uoard  of  Assessors  shall  be  appointed  toascertain  an»l 
determine  what  claims  are  valid  and  what  amoimt  or  amounts  shall  be 
paid  by  (licat  Jbitain  t'.  the  United  States  on  account  of  the  liability 
arisinj;'  from  such  failin*'." 

The  obliuatiou  to  prevent  vessels  of  war  from  bein.u'  fitted  out,  armed, 
or  e(piii>ped.  within  the  Jurisdiction  of  a  neutral,  when  such  vessels  are 
intended  to  cruise  or  to  t-arry  on  war  aj;ainst  a  Power  with  which  the 
neutral  is  at  peace,  is  reco<i-ni/e<l  abnost  in  the  identical  terms  in  which 
it  was  stated  in  the  ori^^inal  I'nited  States  act  of  17!)1,  which  Mr.  Can- 
ninji'  said  was  i)assed  at  the  rccjuest  of  the  llritish  Govermai'iit,  and  in 
the  Urilish  act  of  1S1'.>,  passed  to  aid  Great  Uritaiu  in  the  perforunince 
(if  its  duties  as  a  neutral. 

The  rules  imj)ose  upon  the  neutral  the  oblifjation  to  use  flue  dUUfcnce 
wiint i* ••  .i.i.mu,.  to  prevent  such  littin^i'  out,  armin};,  or  etpiipianjj,'.     These 
*"""  '  Avords  are  not  re;iardc<l  by  the  United  States  as  chaiifjj- 

iufj  in  any  *respcct  tiie  obli<iati(Uis  of  a  neutral  re^^aidinji'  the    [151] 
matters  referred  to  in  the  rules,  as  those  oblijtations  were  imposed 
by  the  principles  of  International  Law  existin;^  before  the  conclusion  of 
the  Treaty. 

The  i)hrases  "  nejiii^eiu'c"  and  "diligence,"  though  oi)i)osite,  are  cor- 
relative e.\i)ressi()ns  :  the  pri'senc*'  of  the  oiu'  implies  the  absence  of  the 
other,  it  hapiiensthat  in  tlu'  ordinary  course  of  judi<'ial  i»roeeediujis 
the  term  "  ne.^li^ence"  is  of  the  one  most  fre<pu'ntly  employed,  and  is 
thei'elbre  the  one  most  often  commented  on  aiul  explained  by  writers  on 
law.  "  Mejilijicnce,"  which  is  <iniylhe  absj'uce  of  the  diii.nrence  which 
the  nature  and  merits  of  any  jtarticnlar  subject  and  the  exijiencies  of 
any  ])arlicular  case  demand  as '•due"  from  thenaturi'  of  its  iidu>rent 
«'ircums1an<('s,  implies  biamable  fault,  called  in  the  IJonian  law  culpa, 
v.ilh  reponsibilily  for  conse(picnc«'s.  The  idea  of  «»bli;;ation,  either 
W<ii\\  or  moral,  and  of  icsponsibjlity  for  its  iH)n-perforinan«-e,  is  foiuid  in 
all  the  forms  and  ai>itlicalions  of  the  question,  either  of  (lilij;ence  or  of 
lU'yli^'ciu'e. 

be.yal  writers  in  lCn;;laiul,  in  America,  and  on  the  Continent  of  Eu- 
rope, have  treated  this  matter  in  relerence  to  iuun<'rous  subjects  of  con- 
troversy, public  ami  private,  it  has  come  under  the  considera- 
tion of  courts  in  (pu'stions  relatin;*'  to  the  •custcxly  of  i)roperty,  [152] 
to  the  i)erforman<e  of  <'ontracts,  to  the  transportation  of  persons 
or  jMoperty.  to  the  collision  of  slups  and  railway-trains,  to  the  discharge 
of  jtrivate  trusts,  to  the  execution  of  public  duties,  and  in  nmny  other 
ways. 

in  most  of  those  cases,  with  the  Roman,  Continental,  and  Scottish 
juristH,  and  to  a  certain  extent  with  English  and  American  courts,  the 


DUTIES   OP  A  NEUTRAL. 


65 


0  use  of 
>tlu'r,  or 
)pUes  or 

}rs,  and, 
(11  of  the 


u 


111 


on 

'>' 

to    [150J 

•a 

:l»iit, "  in 
)'  tluty  or 
itnicting 
rtain  and 
shall  bo 
s  liability 

it,  armed, 
'ssels  are 
vhicli  the 
in  which 
Mr.  Can- 
it,  and  in 
•lurmance 

'^  (ViUqcncc 
■>•.    Those 

Ms- 
he    [151] 

•d 

nsiou  of 


u 


i('( 


are  cor- 
0  of  the 
t't'dinjis 
I,  and  is 
liters  on 
which 
ncies  of 
inherent 
iw  culpa, 
1,  I'lther 
found  in 
nee  or  of 


t  of  Ea- 
ts of  coii- 
ra- 

ty,    [ir,2] 
)ns 

liseharge 
my  other 


Scottish 
urt8,  tho 


question  has  jronerally  boon  put  as  one  of  nejili.i>ence  or  culpa,  rather 
than  as  an  absence  of  dilificnce.  JJut,  nevcitiielcss,  the  ]»iiiase  "duo 
diliucuce,''  cxavta  (UlUjcniia,  is  of  received  use  in  the  civil  law.' 

'flie  extent  of  the  (hlij^eiice  required  to  esc;i]>e  responsibility  is,  by  all 
autliorities.  j^Muped  hy  the  cliaraeter  and  niayiiitude  of  the  mutter  wltich 
it  may  alTeet,  by  the  relative  condition  of  tlie  jjartios,  by  the  ability  «»f 
the  pinty  iucurriii<f  the  liability  to  exercise  the  (liiiu'ence  required  l>y  tho 
exiuvMcies  of  the  case,  and  by  the:  extent  of  tin;  injury  which  may  fol- 
low ne^lijLCeiice. 

One  of  tlie  earliest  and  one  of  the  best  of  the  Kuj;lisli  expositors  of 
the  Iioiiiau  law  is  Ayliife,  (New  Pandects  of  lioman  Civil  Law  as  an- 
ciently esrahlished  in  that  lOmijire  and  practiced  in  most  European  Na- 
tions, London.  IT.M.)  He  says:  ''xV  fault  is  blamable  through 
I'l.l.'ij  want  of  taUin,!;'  i)i()per  *care;  and  it  obliiLi'es  the  person  who  docs 
tlie  injury,  because,  by  itn  ai>plication  of  due  diligence  it  might 
have  been  foreseen  and  prevented.'"^ 

'  Vimiius.  Comniciit.  ad  Tiist.,  lilt.  H,  tit.  li"). 

-  Aviitl'i',  in  Ills  I'iuhIccIs,  i  IJ.  "J,  tit.  la,  ]>i>.  10-^,  lOD,  110.)  lias  ^jlvcii  nil  claliorati'  view 
of  tliolit'l'cK'Ht  sorts  of  i'aiill  or  iu';^li;4ciici',  and  iVand  and  di'i'fit.  The  jiassa^ii;  is  long, 
bnt  as  it  contains  a  vi'iy  amplt!  view  of  the  opinions  of  tlie  Civilians  it  may  In-  nscliil 
to  plao-  a  jiart  of  it  in  a  note : 

••'I'lii'  word  fanll.  in  Latin  called  culpa,  is  a  general  term  ;  and  aecordiiig  to  the  deli- 
iiiti((n  of  it,  it  denoti's  an  ollVnse  ov 'injury  done  unto  another  hy  inipnideiice,  whii-li 
iiiiulil  otherwise  In;  avoided  l(y  hnniaii  cafe.  For  a  fault,  says  Donaius,  li.is  a  lesnect 
nnto  him  who  hnits  another  not  knowingly  ncu'  willingly.  Here  we  use  the  word 
otl'ense  or  injury  hy  way  of  a  genus,  which  comprehends  deceit,  malice,  and  .'dl  other 
misdemeanors,  as  well  as  a  taiilt ;  for  deceit  and  malice  an*  plainly  intended  tor  the  in- 
jury of  another,  hut  a  fault  is  not  so  designed.  And  therefore  we  have  aihled  tho 
word  imiuudence  in  this  delinition,  to  i>oint  out  and  distinguish  a  fault  from  deceit, 
malice,  and  an  evil  purpose  of  mind,  which  accompanies  ;dl  tresi)asses  and  misdi'niean- 
ors.  A  fault  arises  tVom  simidicity,  a  dullness  of  luind.  and  a  iiarreniiess  of  thought, 
which  is  always  attended  with  imitrudence  ;  tint  deceit,  cal  let  I  doht^,  has  its  rise  from  u 
malicious  purpose  of  mind,  which  acts  in  e<uiteiiipt  of  all  luuicst.v  and  prudcuci ,  with  a 
full  inti  at  of  doing  mischief,  or  an  injury.  And  hy  these,  last  words  in  the  delinition, 
namely,  which  might  oihcrwisci  he  avoided  liy  hum.in  care,  we  distinguish  a  fault  from 
a  fortuitous  i:ise.  l'(U'  a  faidt  is  Idamahh^  through  want  of  taking  projier  care  :  and  it; 
throws  an  ohligatiou  upon  tlie  person  that  does  the  in.jurv,  Ix-cause  l>y  an  applieati(Ui 
of  due  diligenci!  it  might  have  heen  foreseen  and  prevented,  l.iit  fortuitous  cases 
often  cannot  h  ;  lores(>cn.  or  (at  lea.st)  prevented  hy  the  i)rovidence  of  man  ;  as  death, 
tires,  great  lloods.  sliiiiwreck^^,  tunndts,  piracies,  iVc.  Those  things  aie  superior  t  >  the 
linidence  of  any  man,  and  rather  happen  hy  fate.  therefor(>  are  not  IdamaMc.  Ihit  if 
fraud  or  .somi'  previous  fault  lie  the  occasion  of  these  documents,  thi-y  are  not  then 
deemed  to  Ite  fortuitous  eas.'s.  A  tault  is  a  deviation  from  that  which"  is  good  ;  and, 
acccpidmg  to  li.irtolus,  crrhig  IVom  the  ordinance  and  disi>osition  of  a  law.  It  is  some- 
times dilllcull  to  judge  what  is  th,"  (lilV.rem'c  lictwixt  a  I'ault  and  ;i  (/'»//(••*.  si  lu'c  the.so 
■words  veiy  oftee  stand  tor  one  and  the  saiiU!  thing.  There  is  no  one  in  this  life  lives 
without  a  t'ault  ;  liut  he  that  would  sjicak  distinctly  and  properly,  must  impute  a  <ti>l,is 
to  some  wickediu'ss  vv  kiia\  cry.  and  a  tault  to  imprudence.  The  lirst  consists  chielly 
ill  acting,  and  the  other  in  not  acting  or  iloing  sometliiiig  which  a  man  ought  to  d«">. 
According  to  l!art(dus,  a  fault  is  divided  into  live  specie's,  viz,  c«//w  latiysinia,  hilior, 
laf'i,  lrri>i,i\ui\  hrh-imn.  The  lirst  he  makes  to  ho  equal  to  manifest  deceit,  jiud  tho 
.sce.uid  to  heefpiival.Mit  nnto  iircsumptive  malice  or  iloccit.  The  tirst  and  .second  of 
these  ilisiiiiitioiis(he  ,says)  approach  unto  fraud,  and  are  sometimes  calletl  hvthe  i.amo 
ot  Iraiiil.  i!ut  a  /((/((  ciiIjhi,  which  is  occasioned  hy  gross  sloth,  rashness,  imi'.nn  ithnce, 
and  \\aiit  ol  advic.  is  never compare<l  untochrcit  or  malice.  Tor  he  that  iin<h'istaud.s 
not  that  which  all  other  men  know  and  understaml  ma.v  ho  stvled  (.savs  I'.ortolus^  a 
supine  and  iinthinkiiig  man,  hut  not  a  malicious  ami  deieitfiil  person.  "  Ihit.  I  tliini 


none  of  those  distinctions  of  his  hav 


e  any  foundati(Ui  in  law;  for  such  things  as  admit 


f  any  dcgieo  of  comparison,  in  respect  of  heing  nior-!  or  h  ss  so,  do  not  admit  (d 


specilie  dili'erene 


any 


as  iiiajiix  (/  miiiii.1  (liirrs(t'<  siifcics  imi'  iviititiliiitnt.    ]\>v  that  w  !dch  iho 

oo(,'  dfi  lata  cul;iu,  after  the  manner 

ive.  as 


lav,-  suys  tir  liitiorc  iii.'iiii   smuetimes  is  to  l)e  underst , 

that  a  word  of  the  comparative  degive  is  sometimes  pur  for  a  w.iril  of  the  posit 
in  Viig-il :   yVi.W   •    --  •  -         ••  -'-  .    ..  . 


tor  il  laniiDiiH  onilos  xuffiisa  inlnil(s.     WlieiLf-fr;;  1  sliall  liert!  distingui.sU 


a  fault  into  two  species  only,  to  wit,  into  lata  and  Ic 

S.  E.\.  31- 


v'lH,  though  others  meution  u  cii/jja 


66 


DUTIES   OF   A   NEUTRAL. 


m 


*'S\v.  Justice  Story  liiis  ohiboratcly  discnssod  the  meaning  of    [154] 
these  terms,  and  the  extent  of  <lili<>ence  reciuired  to  avoid  resjjon- 
sibility.    IFe  says,  as  the  r<'snlt  of  a  comparative  examination  of  the 
authorities  of  dill'erent  nations,  "AVliat  is  nsnally  (h)ne  by  prn- 
*dent  men  in  a  particnhir  eonntry  in  respect  to  thini^s  of  a  like    [!•">">] 
natnre,  whether  it  be  more  or  less,  in  point  of  diii^yence,  than 
wlnit  is  exacted  in  another  eonntry,  becomes  in  fact  the  general  measure 
of  diligence."' 

Following  the  exami)l(>()f  Sir  William  Jones,  *and  other  writers  [15G] 
on  the  civil  law,  ]\Ir.  Justice  Story  lavors  the  idea  that  there  may 
be  three  degrees  of  diligence,  and  three  degrees  of  negligence,  whi('h 
are  capable  of  being  accurat<'ly  dchned  and  applied  to  the  various  cir- 
cunjstances  of  life.  ]>ut  while  asserting,  as  the  authorities  supjiorted 
him  in  doing,  that  not  only  the  lionnui  law,  but  the  jmists  of  Conti- 
nental Europe  and  of  S(!otland  all  recognize  this  division,  he  ean<li<lly 
concedes  the  dillicidty  of  ai)plying  such  a  (ictitious  system,  and  he  is 
ohlig«'d  to  admit  the  general  and  only  sound  juinciple,  that  '-diligence 
is  usually  proportioned  to  the  degree  of  danger  of  loss,  and  that  dan- 


lrrhn'nn<i  too.  TIk!  first  di'iiotea  n  n(»<;lijT;cnc«!  cxtn'mcly  blaiiialdo  ;  tliat  5h  to  say,  such 
a  iK'iiliijciK'i!  as  i.s  not  tciiipcrcd  with  any  kind  of  <lili;;ctic('.  TIio  otlicr  inijiorts  sucli  :i 
kind  ol'  ni'i;;liir,.iic(',  \vlii'r('l>y  a  person  docs  not  employ  tiiat  oaro  in  men's  atVairs  wliieli 
otlier  men  arc  wont  to  do,  1iion;fIi  lie  Itc  not  more;  dili.i;-ent  in  liisown  Imsiness.  IJntas 
often  as  tli(^  word  culpa  is  simply  nsi'd  in  the  law,  it  is  taken  lor  that  which  we  stylo 
ciiliiii  /rr/'.v.  ai  lij^ht  fault,  hecanse  words  are  cvernnderstnod  in  (he  more  i'avdrahle  t;<'nsc, 
A  <'»(//)(f  Icrinniniti,  or  simple,  ne^linencc,  is  that  which  jiroci'cds  i'rom  an  nnallccted  i^jno- 
rance  and  nnskillfnlness,  (say  they,)  and  it  is  lik(^  nnto  snch  a  fanlt,  which  we  easily 
excnse,  ciliier  on  tla^  account  of  a>^e,  sex,  rnsticity,  Ac.  Or,  to  set  thi'  matter  in  a 
dearci'  lii;!d,  a  hiid  vitlixi  is  a  diligence  in  :i  nnin's  own  ali'airs,  and  a  nc;:,iigciic(!  in  the 
concerns  of  other  men.  And  a  Itris  ciilpa  is,  whi'ii  a  man  employs  the  saniecare  oi- dili- 
gence in  otlier  men's  affairs  as  li<' does  in  his  own.  Imt  yet  does  not  nse  all  cart;  and 
lidelily  which  more  dilij;ent  and  circnnisjiect  men  are  wont  to  make  nse  of;  and  this 
may  he  called  an  accnslomcd  ne<;li';cnce  as  well  in  a  man's  own  ali'airs  as  in  the  Inisi- 
iicss  of  other  men.  A  lain  viiIihi,  1  mean  a  jjreat  fanlt.  is  eiiuivalent  or  n<'Xt  unto  deceit 
or  malice.  And  it  may  Iks  said  to  ho  next  unto  dt^'cit  <tr  nndice  two  ways,  namely, 
cither  l)ecause.  it  contains  in  it  a  presumptive  <leccit,  as  when  a  man  does  not  nse  the 
same  diliofuee  in  another's  concerns  as  in  his  own;  or  else,  hccinse  the  fraud  issoi^ross 
and  inexcnsahle,  that,  thou;;h  fraud  he  not  presumed,  yet  it  jliiVeis  l)nt  little,  from  it. 
As  when  a  person  hecome.s  ni'jili;;ent  in  I'avorof  a  fiieud;  for  thoni^h  favor,  or  tt)o  great 
a  facility  of  temper,  excuses  a  man  from  malicious  or  knavish  purposes,  yet  it  is  next 
of  kin  thereunto.  And  it  is  a  rule  laid  down  in  law,  that  when  tin;  law  conmiands  any 
act  of  deceit  to  he  made  {^ood,  it  is  also  always  understood  of  a  luUi  ckZ/xi.  or  a  j^ross 
fault.  Wherefore,  since  a  great  fanlt  is  e(inivalent  or  next  nnto  deceit,  it  follows,  that 
in  every  diwi)osition  of  law  "where  it  is  said  that  an  evil  intent  or  (?o//i.s  ought  only  to  bo 
repaii-ed,  it  is  to  he  understood  also  of  a  lain  culpa  ;  which  is  true,  I  thinli,  unless  it  ho 
in  the  Cornelian  law  de  Sicariis.  Forho  who  commits  the  crime  of  murderer  Idldciilpu, 
shall  he  i>imished  according  to  tin?  severity  of  that  law,  hut  in  it  more  gentle  unmncr; 
and  thus  herein  a  lata  culpa  is  distingnisluHl  from  malice,  or  an  evil  design,  called  dolus 
vutliiK ;  for  a  murderer  is  liahle  on  the  score  of  his  wicked  purpose,  and  not  on  the  ac- 
count of  gross  negligence.  Somo  say,  that  generally  speaking,  whcne,  cr  the  law  or 
an  action  is  touching  a  pecuniary  ]»enalty,  and  tbo  law  expressly  mentions  adoU(9,a, 
lata  culim  is  insuflicient,  and  is  t-xcludcd." 

Numerous  aatlioritics  to  flic  same  cti'cct  might  be  cited;  but  it  will  snllice  at  this 
stage  to  refer  to  such  as  are  most  familiar  to  jurists  "ii  Great  Britain  autl  tlie  Uuitcd 
States. 

Wood's  Institutes,  p.  1(M5. 

Ihillifax's  Civil  Law,  p.  7S.  > 

licll's  Connneutaries,  i  2'S'i  ct  scq, 

IJrownc's  Civil  and  Admiralty  Law,  vol.  1,  p.  354. 

Krskine's  Institutes,  bk.  3,  tit.  1. 

I?owycr's  Civil  Law,  p.  174. 

Mackenzio's  Konuui  Law,  p.  18C. 

I)omat's  Civil  Law  by  Strahan,  vol.  1,  p.  317. 

lleiiieccius,  Elemeuta  .Juris  Civilis,  lib.  3,  tit.  14,  Opera,  torn.  V. 

'  Story  ou  liailmeuts,  i  14. 


DUTIES    OF   A    NEUTRAL. 


67 


if   [154] 

i- 

i  of  the 

i- 

e    [155] 

u 

iiu'nsure 

rs    [150] 

(',  AvliicU 
lions  (;ir- 
ippoited 
>f  Conti- 
(■iiiidUlly 
11(1  lit'  is 
(lilijivncc 
Lluit  daii- 


1)  suy,  such 
Mills  siicliii 
Viii  IS  wh  it'll 
•ss.    ]5iit  as 
•h  wc  stylo 
r.ihlf  siciisi'. 
I'cclcd  ij^iio- 
]\  wf  easily 
iiiattfi-  ill  a 
i;ciit(;  in  tlic 
(■;ii(>  ordili- 
iiU  (iuc  ami 
il';  aiitl  tills 
ill  tlio  Imsi- 
iiiito  (U'ot'it 
y.'^.  iiiiiiit'ly, 
"not  use  t!u> 
(1  issoifi'oss 
lit  111  iVoiii  it. 
Ill'  too  great 
t   it  is  next 
iiiiiiuds  any 
.  (n-  a  j^ross 
illows,  that 
|ii  only  to  lio 
unless  it  lie 
,r  hildcitlptl, 
|t!e  luannei' ; 
lealled  dolus 
H  1)11  the  ac- 
tho  luw  or 
|is  a  dolus,  a 

lifllco  at  this 
tho  Uuited 


gcr  is,  in  (lifloroiit  states  of  society,  coinpoiiiKled  of  very  (lifferent  ele- 

IlKMltS."' 

The  lii.nliest  emirt  of  the  United  States  has  doidited  the  phUosophy 
of  }4ni<lii7;;-  tlie  (h'.un'es  of  dili,!.'.enee  and  ne^ili^^cnce  into  fixed  ehisses.'- 

The  Seottisli  eiMirts  have  laid  <h)\vn  a  nde  which  is  peiliaps  more  )»hi- 
iosopliieal— that  wiiere  an  injnry  has  heen  snifered  thron;.;h  the  iici  or 
oini.vsion  of  another,  it  ninst  he  shown,  in  ohUt  to  avoid  Hahility,  that 
the  aceident  was  eansed  without  any  lanlt  of  the  jiaity  (hiinj;-  or  snifer- 
iny  the  act  or  omission,  and  throii,:L;h  some  hitent  e;inse,  which  coidd  not 

he  discerned,  oltviated,  controlled,  or  averted.' 
[ir>7]        *ln  1he(hsciissi()n  npon  llie  Treaty  of  Washin.^ton  in  the  House 

of  Lords,  Lord  Granville,  the  Minister  for  Forei-n  Affairs,  is  repre- 
sented as  sayiiiiL;-:  ''The  ohlii^ation  to  use  due  dili.u-ence  implies  that  the 
(uivcrnment  will  do  all  in  its  power  to  prevent  certain  tiiinjis,  and  to 
detain  vessels  which  it  has  reasonahle  ,ur<>iind  for  helievin^i;-  aredesioiu'd 
for  warlike  i>urposes."^  Lord  Cairns,  in  tlie  samedehate,  is  represeiitc  : 
as  sii.vin;;-:  "The  point  turns  npon  the  words  'diu'  dili'^ence.'  Now,  the 
momi'Ul  yon  introduce  those  words  you  j^ive  rise  to  another  (piesl  ion,  for 
-which  1  do  not  lind  any  solution  in  "this  rid<'.  What  is  the  standard  hy 
■which  you  can  mcasin'e  <liie  dili.mMice  .'  i)ue  dili.^ience  hy  itself  means^ 
nothin.i;.  Whiil  is  due  d.ili<ience  with  one  nnui,  v.ith  one  J'ower,  is  not 
i\nv  di  l;'ciuv  with  anotiier  man,  with  a  j>reater  rower."  Sir  Koundell 
Palnier,  in  a  sul)se<pient  dehate  in  the  House  </f  Commons,  said  that  he 
supjiosed  tliat  due  diligence  '"meant  that  a  neutral  shoidd  use,  within  a 
reasonahle  sense,  all  the  nu'ans  legitimately  in  its  jiower."-''' 

It  is  needless  to  say  that  the  United  States  do  not  aj^ree  in  these  ollicial 

definitions  hy  Lord  (Iranville  and  >?ir  lloundell  ralmcr,  in  the 
[I5S]    sense  in  which  *they  are  jirohahly  made.     The  dejinitiou  to  w  liicli 

J.ord  Cairns  has  ^^iven  the  wei;.;ht  of  his  authority  appears  to  lie 
nearer  to  the  opinicins  as  to  these  wiirds,  entertained  hy  the  L'nited 
States. 

The  Ignited  States  luiderstand  that  the  diii<;ence  which  is  calli<l  for 
hy  (he  liules  of  the  Treaty  of  Washiiifitou  is  a  <li(c  dili<>ence;  that  is,  a 
dili;4«'nce  proportioned  to  the  maj;nitude  of  the  suhject  and  to  the  dig- 
nity and  strenj;th  of  tho  J'ower  which  is  to  exercise  it: — a  ilili.ucnco 
■which  shall,  hy  the  use  of  active  vi<;ilance,  and  of  nil  the  other  means 
in  the  power  of  the  neutral,  throujih  all  stages  of  the  transaction,  pre- 
vent its  soil  from  hein,!;'  violated: — a  dili.nence  that  shall  in  like  manner 
deti'r  desijiiiin^' men  from  committiii;;'  acts  of  war  upon  the  soil  of  tho 
r  neutral  ayainst  its  will,  and  thus  [lossihly  drajij^inji  it  into  a  war  which 
it  would  avoid: — a  dili;:>encc  which  prompts  the  neutral  to  the  most 
eneri;etic  measures  to  discover  any  purpose  of  doinj;'  the  acts  forhiddeii 
by  its  o()(,ii  faiti,  ^s  a  neutral,  and  imposes  upon  it  the  ohli^atioii,  w  heii 
it  receives  the  knowlcd<;e  ot  an  intention  to  commit  such  acts,  to  use  all 
the  means  in  its  power  to  prevent  it. 

No  diligence  short  of  this  would  he  "due;"  that  is,  commcustirate  n-Hh 
the  cnurfniu'ij,  or  icith  the  mai/uttudc  <»/  the  results  of  netjlUjencc.  Under- 
standing the  words  in  this  sense,  the  United  States  hnds  them  iden- 
tical with  the  measure  of  duty  which  Great  liritaiu  Lad  previously 
sidmitted. 


'  Story  on  Hailmonts,  ^  !■». 

«  Stearnlioat  New  World  m.  King,  Vi  Howard  Reports,  page  475.    See  also  the  author 
ities  there  cit«'d. 

'  Hay  on  Liabilitioa,  c!  .  8. 

*  London  Tiines,  June  lU,  187L 

"A  speech  delivered  n  tlio  Honso  of  Con.r>iorr,,  on  Friday,  August  4,  1871,  by  Sir 
RotmdcU  Palmer,  M.  J',  foe  Ricluuoud.  Loudon  and  Now  York,  Macmillau  &  Cu» 
1871,  page  Sjtf. 


68 


DUTIES   OF   A   NEUTRAL. 


?|: 


Tllf  Rcroijd  rlnu^' 

of  llu-  lir>l  ItiilH. 


*It  will  also  ho  observed  tliat  fit^inp  out,  or  arniingf,  or  equip-  [159 
pill};",  each  constitutes  iu  itself  a  complete  ollense. 
inB.'"'"r'  "'.'uipi'ng  Tlieiel'ore  a  vessel  which  is  fitted  out  within  the  neutral's 
jurisdi(rtion,  with  intent  to  cruise  against  one  of  the  hellij^e- 
rents,  althoujih  not  e(piipped  or  arnu'd  therein,  (and  rice  irrsa)  commits 
the  oiiense  aj^ainst  International  Law,  i»rovided  the  neutral  j^overnment 
had  reasonable  j^round  to  believe  that  she  was  intended  to  cruise  or  carry 
on  war  against  such  belligerent,  and  did  not  use  due  diligence  to  pre- 
vent it. 

The  neutral  is  recpiired  by  the  second  clause  of  the  first  Hide  of  the 
Treaty  to  prevent  the  departure  from  its  jurisdiction  of  any 
vessel  intended  so  to  cruise  or  cany  on  war,  such  vessel 
liavin;;  been  sjncially  (ulapitd.  In  whole  or  iinuirt,  icithin  tsuch  jurisdic- 
Hon,  1o  warlihc  use. 

The  Tiibunal  of  Aibitiation  ]»robably  will  not  have  failed  to  observe 
n^n.nn»fnr,imnee  tluit  a  iicw  tciin  Is  eiiiploycd  here.     In  the  lirst clause  of  the 
"f"^""'-  iirst  Ikiile  the  obligation  of  the  neutral  is  limited  to  the  pre- 

vention of  the  'Mitting  out,  arming,  and  ('(piipping"  the  vessel.  In  the 
second  clause,  the  language  is  much  lnnadcr:  a  vessel  which  lias  been 
''specially  a(la|>tcd,  in  whole  or  in  part,  to  waililce  use,"'  may  not  be  iier- 
niilted  to  depart.  The  reasons  for  this  change  may  probably  be  found 
in  the  ditV«'reiit  int(-rpretations  which  have  l)e<'ii  put  by  the  Exe- 
*ciitive  and  .Indicia]  Departments  of  the  two  Cioxfiiiuients  ui»oii  [IGO] 
the  words  "littiiig  out"  and  "e(piippiiig,"and  in  the  doire  of  the 
negoliators  (tf  tlie  Treaty  to  avoi(l  the  use  «>f  any  words  that  could  be 
deemed  e«piivoeal.  Ilie  United  .States  will  «'ndeavor  to  explain  to  the 
Tribunal  what  these  dilVerences  of  interpretation  were. 

The  eighth  section  of  the  United  States  law  of  ISIS  empowers  the 
Pr<'si»lent  to  talvc  possession  of  and  detain  vessels  which  have  been 
^\lUtvil  out  (tnd  </r;»(Y/"  contrary  to  tiie  jirovisions  of  the  act.  In  the 
year  1S(»!),  while  there  was  a  state  of  recognized  war  between  Spain  and 
Peru,  (although  there  had  been  no  active  hostilities  for  several  years,) 
the  Spanish  (lovernmeiit  made  contracts  for  the  construction  of  thirty 
steam  gunboats  in  the  port  of  >;ew  York.  After  some  of  these  boats 
were  launched,  but  while  most  of  them  were  on  the  stocks,  and  before 
any  had  receivtMl  machinery  or  liad  been  arine<l,  the  Peruvian  ^Minister, 
on  behalf  of  his  (jrovernment,  represented  to  the  Government  of  the 
Unitcil  Slates  that  this  was  being  done  in  violation  of  the  neutrality  of 
the  Unitt'd  States.  Tlie  President,  proceeding  under  the  section  of  the 
statute  above  rel'erred  to,  took  possession  of  the  vessels,  and  they  remained 
ill  the  custody  of  the  naval  Ibices  of  the  United  States  until  they 
were  releasi'd,  with  *tlie  consent  of  tlie  IVruvian  Minister  at  [101] 
"Washington.  This  was  done  under  the  assumption  that  the  con- 
struction of  a  vessel  in  neutral  territory  tluring  time  of  war,  which 
there  is  reasonable  ground  to  belive  may  be  used  to  carry  on  war  against 
ii  power  with  which  the  neutral  is  at  peace,  is  an  act  which  ought  to  be 
inevented;  and  that  the  constructing  or  building  such  a  vessel  was  iu- 
cliuled  in  the  ollense  of  fitting  it  out.  The  same  interpretation  (in 
substance)  has  been  given  to  tliis  language  by  the  judicial  authorities 
of  the  United  States,*  The  Pritisli  tribunals  have  given  a  difterent 
oi)inion  upon  themeaningof  these  words.  In  thecaseof  theAlexandra,- 
against  which  i>roceediiigs  were  had  in  London,  in  1S03,  for  an  alleged 
violation  of  the  provisions  of  the  act  of  1810,  it  was  held  that  the  proof 


'  Uiiitrtl  States  VH.  Qiiiucy,  C  Potere's  Keports,  445. 
« Vol.  V,  pii-jes  3-470. 


DUTIES   OF   A  NEUTRAL. 


69 


[159 


'utraVs 

i. 

)ollij;e- 

-■, 

)imiiits 

niiueut 

)r  <;airy 

to  pie- 

':k 

'  of  the 

'  T 

1  of  any 

■^ 

vessel 

S' 
■''s 

jurmlic- 

observe 

J 

V  of  the 

tlio  pre- 

« 

Iii  the 

las  been 

■'1 

be  per- 

ii 

)e  fouiul 

c- 

-1 

)n    [IGO] 

:'"■'■ 

le 

;oiiUl  be 

in  to  the           1 

'4 

wers  the           ^ 

ive  been           j 

In  the           1 

pain  and           J 

il  years,)           ') 

of  thirty          f 

•se  boats 

1(1  before 

Ministe)',          3 

it  of  the         1 

trality  of         1 

Dii  of  the 

remained 

^'y 

at    [101] 

)n- 

iir,  which 

irasJii'ist 

oht  to  be 

M 

?l  was  iu- 

tatiou  (in 

Lithorities 

ditl'erent 

exandra,- 

11  alh'jred 

the  proof 

of  the  ooiistniction  of  a  vessel  for  the  ])nrpose  of  hostile  nse  apiinst 
tlie  Tnitt'd  States  did  not  establish  siieh  an  equipment,  or  fittinj;  out, 
or  fnrnishin;.',  as  would  biin;^;  the  vessel  within  tlie  terms  of  the  Foreign 
EnlistiiH'nt  Att'  and  enable  the  (rovernment  to  hold  it  by  proeeediii^s 
under  that  statute.  Wlieu  the  Joint  IIi,i;h  Commissioners  met 
I  ir»l.*]  at  Washiujjton,  *and  had  to  eonsider  what  words  they  would  use 
iii  the  Treaty,  they  fouiul  the  Exeeutive  of  the  United  States  and 
the  .Indiciary  of  (In'at  Britain  ditferin,;^  as  to  the  meaning  of  these  im- 
portant words.'-  The  Tribunal  of  Arbitration  may  therefore  n>asonably 
invsuiiie  that  the  frameis  of  that  Treaty,  after  tlu'  e.\pcriene»>  of  the 
American  insurrection,  son.i;ht  for  lan^ua.ii'e  whicli  wonhl,  beyond  any 
([Ui'stion.  indicate  the  duty  of  tlu>  neutral  to  prevent  the  departure 
iiom  its  ports  of  any  vessel  that  had  Ix'en  specially  a<lapte«l  for  the 
hostile  use  of  a  belligerent,  whither  that  (ulapintion  hffinn  irhcn  the  led 
irt'sliiid  to  a  vesHcl  intended  for  such  ho.stHe  use,  or  ichether  it  teas  made  in 
later  st(i<it'.'<  of  eoustruetiou,  or  in  Jittiitff  out,  or  in  furnishiuff,  or  in  equip- 
piii'j,  or  In  anniiifi,  or  in  any  other  waij. 

The  undoubted  duty  of  the  neutral  to  detain  such  a  vessel,  althouifh 
it  had  not  been  formulated  by  Clreat  Britain  in  any  of  the  a<'ts  prior  to 
ISOl  which  have  been  jtassed  in  review,  is  understood  to  have  been  in- 
cluded in  the  i>bli;;ation  to  prevent  her  construction.  The  United  States 
ie::ard  this  duty  as  one  that  existed  by  the  law  of  nations  prior 
[lO.'J]  to  the  Treaty  of  Wash  in  •j;t  on  ;  but  as  that  *Treaty  provides  that, 
for  the  purpose  of  the  present  discussion,  the  rule  is  to  be  taken 
as  haviii;;  the  force  of  public  law  duriny;  the  Southern  llebellion,  it  is 
nee<lless  to  discuss  that  point. 

The  United  States  invite  the  particular  attention  of  the  Tribunal  to 
till'  coiitinuin;;'  character  of  the  second  clause  of  this  rule.  (.„,t  ,H,.gf.,r.enf 
The  violatiou  of  the  lirst  clause  takes  place  once  for  all  """ 
when  the  otlriidinj;  vessel  is  titte<l  out,  armed,  or  erpiipped  within  the 
jurisdi(ti<ni  (»f  the  neutral ;  but  the  oilense  under  the  second  clause  may 
be  connnitted  as  often  as  ji  vessel,  which  has  at  any  time  been  specially 
ada|)te<l,  in  whole  or  in  part,  to  warlike  use,  within  the  juristliction  of 
the  neutral,  enters  and  departs  unmolested  from  one  of  its  ports. 
Kvery  tinn*  that  the  Alabama,  or  the  (leor^ia,  or  the  Florida,  or  the 
Shenandoah  came  within  Jiritish  jurisdiction,  and  was  sullered  to  <le- 
pait,  there  was  a  renewed  otVense  ajiainst  the  sovereignty  of  tlreat 
I3ritain.  and  a  renewed  liability  to  the  United  States. 

The  British  Uioverniiieiit,  certainly  once,  if  not  oftener,  durin,:n"  the 
rebellion,  ^idmitted  its  duty  to  detain  these  cruisers.  :\Ir.  „,„,  ,„  ,,,.,„„ 
C'obden  .stated  it  forcibly  in  a  speech  in  the  House  of  Com-  ;;I';.'"!r* i;;''',:^;';,'^ 
mons:'    -TheCJovernmeiit  admit,  throuuh  their  legal  ad-  "'"' 

viscr,  that  they  have  the  [lower,  if  they  choose  to  exercise  it,  to 

[lot]    prevent  thesi'  vessels  from  entering  our  *harbors;  but  the  honor 

aide  and  learned  gentleman  iloubts  the  expt'diency  of  exercising 

it,  and  his  reason  is  that  he  thinks  we  have  in)t  clear  proof  of  guilt. 

This  brings  me  to  a  striking  piece  of  inconsistency  on  the  part  of  tho 


This  oiiini<iii  was  on  llio  Act  of  IrilO.    Tlits  Act  of  1H70 


pi'ovitli's  that  "c(iuiii|>iiiy 


shall  iiichidc  th«'  liuiii^hiiij,'  a  ship  with  any  tackh',  appartl,  fnrnitun',  inm  isions.inius, 
niniiitions.  «.r  stoifs.  or  any  oilier  thiny;  which  is  used  in  or  aliont  a  ^ship  for  the  pniposo 
ot  htlin^  or  a«la))tin<,'  licr  for  the  nca  or  for  naval  Kcrvico." 

•  "It  IS  iMif.itly  true  that  Lord  t'iiicf  IJaron  Pollock  and  Baron  BrnniwcU.  as  well 
as  other  yii  at  le;,'al  anthoritics,  thon]i;ht  that  such  words  as  these  did  not  convey  tho 
true  nieanin;:  of  onr  then  Foreij^rn  Knlistinent  Act :  which,  in  thehr  opinion,  was  in- 
tendtil  to  apply  only  to  those  vessels  which  might  bo  anned  within  «inr  jurisdiction, 
citli.r  completely  orat  least  m  far  as  (o  leave  oiu-  waters  in  a  condition  immediately  to 
c*"" »f«'  hostilities."— Sir  K.  Taliuer's  Speech,  Aimuat  -1,  ld71,  i»a««  Si. 

^  Vol.  V,  paye  ulW.  i         >       o         >  .  1    » 


-TO- 


70 


DUTIES    OF   A   NEUTRAL. 


■'i 


lionoiiil>lo  and  leanu'd  jjciitU'inan.  Tie  bcjjiiis  with  adiniiiistcviiii;  a 
solt'imi  fxlimtation,  aiKlsoinctliiii^iila^  asolcinii  reproof  to  ICii;^lisli  sliip- 
biiildcrs,  lor  iiilriii,niii;^'  our  neutrality  laws  aiMhlisri'^ardiny-  the  (^)iu'e!rs 
I'roclaniatioii  by  biiildin;;  tlieso  ships.  Well,  but  if  they  are  violating' 
our  neutrality  and  disre^^ardin.^  the  (Queen's  Proclamation,  it  must  ha\e 
bi'en  lu'eausi' they  built  these!  vessels  for  a  belli;;erent  to  lie  employed 
against  some  Power  with  whi<;h  we  are  at  peaee.  The  Inuiorable  and 
learned  «;i'ntle;nan  assumes  that  these  indivi<luals  are  j;uilty  of  these 
aets.  He  knows  they  have  been  j^uilty  of  thes(;a(;ts;  lu^  knows  that 
these  three  vessels  in  particular,  and  the  AUOmma  more  ('specially,  have 
been  bidlt  fcu"  the  Confederate  Government,  and  employed  s(dely  for 
that  (iovernment,  and  yet  he  doubts  the  expediency  of  stoppin,ii'  them 
from  entering"  our  ])()rts.  lie  sjieaks  as  thouyh  we  were  askin]L;'  that  ho 
should  sen<l  out  ships  of  war  to  order  away  tlu'se  vessels  without  trial. 
lie  says  there  must  be  lej^al  jiroof ;  but  it  does  not  retpiire  le;^al  jiroof 
to  warrant  yon  in  tellin;^  a  (lovernment, 'Yon  have  j^ot  these  vessels 
clandestinely  ;  you  j;()t  them  by  the  inlVinf;'ement  of  our  neutral- 
ity *code,  or,  at  least  we  suspect  you  upon  fair  ^^rounds  of  doin;;'  [105] 
so;  and  unless  yon  prove  that  they  eanu'  le;;itimat«'ly  into  your 
hands,  we  must  refuse  them  the  hospitality  of  our  ports.'  Why,  how 
do  you  act  in  private  life?  \ou  hear  eharycs  and  reports  compromising' 
the  honor  of  your  accpmintanee  or  fiiend.  You  may  have  a  moral  (con- 
viction in  your  nund  that  that  individual's  honor  is  compromised,  but 
you  may  not  have  lej^al  proof  of  it,  and  still  you  nuiy  be  (piite  justilied 
in  sayinjj:  to  hini,  'Until  you  clear  up  these  cliarj;es,  whieii  on  the  face 
of  them  criminate  yon,  1  must  refuse  you  the  hospitalily  uf  my  house.' 
I  hold  that  you  have  the  ri^ht  to  say  the  sanu'  thinj;  in  rej;ard  to  these 
cruiseis.  IJut  what  was  the  course  of  the  (Jovernnient  in  the  (jasir  of 
the  Alabama?  Tlu}i  told  Mr.  Aihims,  the  Anuricitii  ^^illil^stcr.  ihut  titqi 
nhotiUl  f/ire  orders  to  atop  the  Aldhiniui,  cither  ut  (Jitccu,stoirn  or  XasNdii. 
There/ore  the  princiitle  icas  rceotptizc  in  the  C((t:e  of  that  rcsnel  that  yon 
had  (I  ritfht  to  .stop  her  when  she  reaehea  i/oiirjitri.sdietion.  I  say,  therefore, 
in  the  sanui  way,  prevent  their  enterin;^"  your  harbors  until  they  <;ive  an 
account  of  themselves,  to  show  how  they  became  possessed  of  that 
vessel.  This  has  a  most  important  bearin;^",  and  one  so  ai»[)arent  that 
it  nnist  be  plain  to  the  apprehensions  of  every  honorable  gentlemau 
who  hears  it." 
The  French  Government,  durin"-  the  insnrrec*tion,  i)ractically    [100] 

Ai... r«og„i,.,,,n.y  asserted  the  same  power  in  the  neutral  to  protect  its 
'''"'"•  violated  sovereignty.    The  Ijiitish  Government  in  1801  sold 

a  screw  .uun-boat  to  persons  who  proved  to  be  a.uents  of  the  insurj;ents. 
This  was  done  at  a  time  when  it  was  a  matter  of  iud)li('  notoriety  that 
those  a<'«Mits  were  in  EnjL^iand  nndvin;n'  ^reat  ellbrts  to  lit  out  a  navy. 
The  purchasers  took  the  vessel  to  Calais  to  (;on)i>lete  the  cipiipment. 
On  the  way  from  the  Thames  to  Calais  tlu!  name  of  the  vessel  was 
chanj;ed  to  the  "Ivappahanock,"  the  insurgent  llaj;'  w;as  hoisted,  an 
insurjient  ollicer,  holdin;;"  an  insurj-ent  commission,  took  the  command, 
itnd  the  crew  were  mustered  into  the  service  of  the  insurj^'ents.  On 
arrival  at  Calais,  attempts  were  made  to  complete  the  equiinnent.  The 
French  Govciiunent  stoi)ped  this  by  placinj^-  a  man-of-war  across  the 
bows,  and  holdinn'  the  vessel  as  a  prisoner,  and  the  Iiai)pahannock  was 
thus  prevented  Irom  destroyirig- vessels  anil  commerce,  sailing  under  the 
tiajj:  of  ii  nation  with  which  France  was  at  peace. 

The  secoml  llule  provides  that  a  neutral  y;overnnicnt  is  bound  not  t< 

The  »«^ona  uuie  poruut  or  suffor  either  belligeient  to  nndvo  use  of  its  port> 
of  ii.«  Treavy.        yj.  watcrs  US  thc  base  of  uaval  operatious  agaiust  the  other, 


1 


DITTIES   OF   A   NEUTRAL. 


n 


or  for  tlio  purpose  of  tlio  rcnownl  or  taujjtiuMitatioii  of  military  supplies 


or 


arms,  or  tiio  recruit meiit  of  me 


[107]  *A  (luestion  lias  been  raised  wliether  this  rule  is  niuli'rstood  to 
apply  to  the  sale  of  military  supplies  or  arms  in  the  ordinary 
course  of  eonnneree.  The  Tnited  States  do  not  understand  that  it  is 
intended  to  apply  to  such  a  trallic.  They  understand  it  to  apply  to  tho 
use  of  a  neutial  poit  liy  a  lielli^erent  for  Ww  rciiciml  ov  tiiitjDinifiifiim 
of  such  military  supplies  or  arms  for  the  iianil  oprndions  r«'ferred  to  in 
the  rule.  Tal:«'n  in  this  scMise,  the  IJniteil  State's  maintain  that  the 
same  ol»Ii,nati(Uis  are  to  be  found,  (expressed  in  other  \V()rds,)  first,  in 
tlie  lM>rei]i;n  I'^nlistaieut  Act  of  ISIJ);  and,  secondly,  in  the  instructions 
to  the  naval  I'orces  (»f  (Ireat  Ilritain  duriu.u'  tlu^  rebellion. 

The  Trilmnal  of  Arbitration  will  not  lail  to  observe  the  breadth  of 
this  rule. 

The  ports  or  waters  of  the  ueutral  are  not  to  be  iua<le  the  base  of 
nii\al  operations  by  a  belli^^'erent.  ^'esseIs  of  war  may  come  and  .yo 
umler  such  ruli's  and  renulatiniis  as  the  neutral  may  prescribe;  food  and 
the  (»riliua«y  stores  and  supplies  of  a  siiip,  not  of  a  warlike  character, 
may  be  furnished  without  (piestio:i,  in  (iiiintitii-s  necessary  for  imme- 
diute  wants;  the  moderate  hospitalities  which  do  not  iufrin;;'e  upon  im- 
l»artiality  may  be  extended;  l)nt  no  act  shall  be  done  to  make  the  ueu- 
tral port  a  base  of  operations.  Anununition  and  uulitary  stoics 
[lOS]  for  cruisers  caiMiot  be  oi>tained  there;  coal  *caiuiot  be  stored 
there  for  successive  suppli<'S  to  the  same  vessel,  nor  can  it  be 
famished  or  obtained  in  such  supplies;  prizes  cannot  be  brou^lit  there 
for  condemnation.  The  icpairs  that  humanity  demand  can  be  yiven, 
hut  no  repairs  should  add  to  t!u'  stivnjith  or  elliciency  of  a  vessel,  be- 
yond what  is  jibsohitely  nei-essary  to  ;;ain  the  nearest  of  its  own  ports. 

In  tlu'  sauie  sense  are  to  be  tak<'H  the  clauses  relatinj;'  to  tlie  renewal 
or  aayiiicntation  of  military  supjjlies  or  arms  and  the  recruita;ent  of 
men.  As  the  vessel  enters  the  port,  so  is  she  to  leave  it,  without  a<l(ii- 
tion  to  her  effective  power  of  doinj;'  injury  to  th(^  other  belli.u'erent.  if 
her  ma.i;a/.i;ie  is  su|)plicd  with  powdei-,  shot,  or  shells;  if  new  ^ii;is  ar<' 
added  to  hi-r  armament;  if  i)istols,  or  muskets,  or  cutlasses,  or  otiier 
implements  of  destruction,  are  put  on  board;  if  men  are  recruited:  even 
if,  in  these  days  when  steam  is  a  power,  an  excessive  supi>iy  of  coal  is 
put  into  her  buidiers,  the  neutral  will  have  failed  in  the  perlormance  of 
its  duty. 

Tlie  third  Itule  binds  the  neutral  to  exercise  the  same  measure  of  dil- 
igence as  required  by  the  lirst  Ifiile,  in  order  to  ))r<'vent,  iu  n,,  ,i,,ii(„if  n 
its  own  ])orts  and  waters,  and  as  to  all  i)ersons  within  its  "'^ ''^•■'!>- 
jurisdiction,  any  violation  of  the  oblijL>ations  and  duties  lu'cscrilx'd  by 
the  first  and  second  Rules.  The  same  wakefulness  and  wat(di- 
[100]  fulness,  proportioned  to  the  *exi.u'encies  of  the  ease  and  the  mag- 
nitude of  the  interests  involved,  that  was  reipiired  by  the  lirst 
liule,  is  likewise  re(iuired  in  the  performanc(M)f  the  duties  prcscrilicd 
by  the  second  I'lile,  without  which  the  neutral  will  have  faile<l  in  the 
perforinaiice  of  liis  <luty. 

The  exjH'ess  recojinitiou  in  the  Treaty  of  an  obli<i:<itiou  (in  case  the 
Tribunal  iiuds  that  (Jreat  I>ritain  has  faileil  to  fulfill  any  of 
her  «luties  in  these  respettts)  to  i>ay  to  the  L'nited  States  the 
amountor  amounts  that  may  be  found  due,  "oh  account o/  the 
liabiUty  ansinyfrom  auch/dilKre,'^  makes  it  unnecessary,  in  this  connec- 
tion, to  do  more  thiiu  to  refer  to  what  has  already  been  said  on  that 
subject. 

The  doctrines  of  International  Law  which  have  thus  been  deduced 


Duty  totimkoeiifti* 


72 


DUTIES   OF  A   NKUTRAL. 


r  r.,..in.vi^w.in  ^'f^'"  tlio  i)nu*tu!e  of  (jirat  I»ritiiin  jiiv  in  lumnony  with  (lie 
M'Ml''','.i\"u'rl',i,'r,"n  views  of  the  hcst  puhMcists.  The  (li.sciissioiis  between  the 
""'''"""  two  Cloveniiiients  jiiowiii;;-  out  of  the  acts  herein  eoniphiined 

of,  and  unfortunately  ina(hi  neeessary  hy  tlie  unwilhn;;'ness  (»f  (licat 
]>ritain  to  apply  to  the  United  ytat«!S  the  same  measure  of  jusiiee  wiiieh 
was  appUetl  to  Spain  in  ISIJ),  to  l*orlu;;al  in  ISJT,  and  whieli  was  re- 
eeiv«'d  l»y  (lii-at  Britain  fiom  llie  United  Slates  in  17!).">,  have  evoked 
the  eonunents  of  many  writers  in  ICn^land,  in  America,  and  on  tlie  con- 
tinent of  Europe.  For  obvious  reasons  tlie  opinions  of  the  ICn;^- 
lish  or  Amejiean  •  writers  I'avorable  to  their  respect iv(M-ountries —  [1"0] 
(as  for  instance  I'rofessor  JJernard  in  (Ireat  Jiiitain  or  President 
\Voolsey  in  Anu'rica) — will  not  be  regarded. 

On  the  L'Oth  of  ^lay,  ISOi"),'  Mr.  Adams  had  occasion  to  (pu)te  to  Lord 
llussell  the  opinion  of  llautefeuille  :  "What  the  obli^^alion  ol  lier  Majes- 
ty's (lovernment  really  was,  in  this  instance,"  he  sai«l,  "is  so  clearly  laid 
down  by  a  distinj-uished  writer,  notoriously  disi>os«'d  never  to  e.\a;;';4er- 
ale  the  duties  nor  to  undervalue  the  p;ivilej;('s  of  m-utrals,  that  1  will 
ask  the  liberty  to  lay  before  you  his  very  words  :  '  Le  fait  «le  construire 
un  batiment  (h^  j;uerre  jtour  le  comple  d'lui  bellij;erant,  ou  tie  Tarmer 
dans  les  etats  neuti'es,  est  une  violation  du  territ«)ire.  Toutes  les  prises 
I'aites  par  un  batiment  <le  cette  nature  sont  ille^itimes,  en  quehjue  lieu 
(pi'elles  etc  faites.  Le  souvi'rain  olTeiise  a  le  droit  «le  sVn  «'mparer, 
nieme  <le  force,  si  elles  sont  anu'nees  «lans  ses  jiorts,  et  d'en  reclameT  hi 
restitutit)n  lorscjuVUes  sont,  comme  cela  arrive  en  ^ieneral,  eondnites 
dans  les  ports  hors  de  sa  jiuidietion.  11  pent  e^alemeiit  lechuner  le 
desarnuMuent  du  batinu'ut  ilh'^alement  arme  sur  sou  tern,  .re,  et  meme 
le  detenir,  s'il  entre  dans  <pu'h]ue  lieu  soumis  a  sa  souverainete,  jusquVi 
ce  (pi'il  ait  ete  desarme.'"^ 

*The  distinj^uished  J)r.  ]>luntschli,  jjrofessor  at  the  I'niversity    [171] 
of  Ileidelbery;,  in  his  i»ami)hlet,  entitled  ''Opinion  im- 
l>artnde  sur  la  <piesiion  de  1  Alabama  etsur  la  manierede  hi 
resoudre,"  reprinted  at  Derlin,  in  1870,  from  the  licvue  dc  JJivit  Interna- 
tional., says  as  follows : 

"l^a  \iolation  des  devoirs  d'un  etat  ami,  dont  r^Vnj;le(erre  so  rendit 
eoupabh',  lors  «le  leiiuipenu'ut  «le  TAlabama,  fut  la  eirtionstance  la  plus 
eclatante,  mais  non  la  seide  dans  hnpielle  se  reveleient  les  dispositions 
hostiles  tlu  j^'ouvernenuMit  an,i;Iais.  II  y  cut  encore  d'autres  croiseurs 
budistes  du  meme  jnenre.  Les  nombreux  (^oureuiv;  de  blocjus  qui  trans- 
jtortaient  vM  meme  temps  de  la  contrebande  de  ;;iU'rre,  avaient  tons 
e<;alement  leurorijiine  et  leurs  proprietairesen  Anj^ieterre.  Tartout  oil 
les  troupes  «le  runion  linirent  par  rem))ortei'  et  s'emparerent  des  places 
ennemies,  elles  trouverent  des  amies  anj;Iaises  et  des  canons  anglais. 

'"Tous  les  t'aits  ainsi  alli'^ues  n'ont  i)as  la  meme  importance.  ]\Iais 
plusieurs  d'entre  eux,  si  taut  est  (pi'il  faille  les  tenir  pour  avoues  on 
])rouves, — ce  ilont  nous  u'avons  pas  a  Juj^'cr  ici, — (h)ivent  ceitainenu'Ut 
etre  consideres  comme  constituant  une  inlractioii  aux  devoirs  d'uu  etat 
iieutre. 

"L'etat  neutre  qui  veut  ^arantir  sa  neutralite,  doit  s'abslenir 
d'aider  aucune  des  parties  belli<;e*raides  dans  ses  operations  de    [172] 
guerre.     11  ne  pent  prefer  s(»u  territoire  pour  permettre  a  Tune 
des  parties  d'organiser  en  lieu  sur  des  enter)»rises  militaires.     II  est 
oblige  de  veiller  lidelement  s'l  ce  <iue  des  particuliers  n'arment  point  sur 


'  Vol.  Ill,  )>nfro  r>:w. 

-  iliiiiti'lcnille.    Des  droits  et  ties  devoirs  des  uations  ueutres,  (Paris,  1811),)  tome  JJ"'*, 
pages  /D-tiO. 


DUTIKS   OF   A   NEUTRAL. 


73 


soil  tcnitoiro  doa  viii.sscaux  dc  j;ii('rn»,  dcstiiu's  ;\  rtre  livrc's  s\  uno  <les 
liiiitics  lu'lli;,'('raiit»'.s.     (l>iA'NTsriii,i,  Moilcnirs  Viilhrnrvht^  §  7(J.'{,) 

»•(,"(•  devoir  i'st  pnu'lame  jKir  la  sciciici',  ct  il  drrivc  taut  «lo  Tideo  do 
iM'iitralite  qur  dcs  r^^ards  aiixiincls  tout  ctat  rst  ii<''<'('ssain>inont  tenu 
ciivns  Ics  aiilrcs  t'-tats,  avcc  li'stiucls  il  vit  en  paix  ct  aiiiitio. 

"La  iiciitralitc  t'st  hi  n<»i-]>tirtici]Kitinn  a  la  jiiicnr.  liorsciuo  IV'tat 
iH'iilrc  soulicnt  uu  dcs  b('IIi;;t''rants,  il  i)n'iid  part  a  la  jiiK'n-c  v\\  favcur 
(!(•  cchii  (jiiMl  soutioiit  ct  «U\s  lors  //  <r.s'.s6'  (I'vlrc  iinitrc.  L'adv<'rsain'  est 
itu(oris(''.  a  voir  dans  cctte  participation  un  actc  d'liostilitc.  Kl  cda  nVst 
j)iis  sculcincnt  vrai  (piand  I'l'-tat  nculri!  li\  re  hii  inenic  dcs  troupes  on  dos 
vaisseaux  d(^  {jfucrrc,  niais  aussi  loi\s(ju'iI  jjretc  a  ini  dcs  l»clli;4crants  un 
apjiiii  mvilUit  cu  pcrnicttant,  itiuflis  <iHil  jumvmit  Vcinim'her,  <iuc,  dc  son 
territoiic  neutrc,  on  cnvoic  dcs  troupes  ou  dcs  navircs  do  <;ucrrc. 

"Pa\tout  on  Ic  droit  dc  ucutralitt'  ctcn<l  Ic  i-crcle  dc  son  application, 
il  restrcint  Ics  liniitcs  dc  la  jiUerre  ct  dc  scs  dcsastn'uses  consc- 
[IT.'J]  quences,  »'t  il  *;;arantit  Ics  biculaits  d«;  la  iiaix.  liCS  dcvoii-s  do 
IV'tat  iiiutre cnvcrs  los  bvllitfcndil.s  sont, en  sulistaiu'c,  /c.v  utthiirs  que 
('(MIX  dc  IV'tat  ami,  en  temps  de  jxiir,  vis-avis  dcs  autrcs  clats.  Aucun 
elat  lie  ])eut  noil  i)lus,  en  temps  de  ptii.c,  pcriucttrc  (pu'  Ton  orj^atiisc  sur 
son  territoirci  d<'s  a^i'rcssions  contrt'  un  ctat  ami.  Tons  sont  ohli^jt'S  do 
vcillei  a  cc  (|uc  Icur  sol  nc  dcvicniic  pas  Ic  jtoint  dc  <lepart  d\'ntr('i)rises 
iiiiliiaircs  dirij;ecs  contrc  dcs  ctats  avcc  Icscpu'ls  ils  sont  cu  i>aix. 

"( 'cs  devoirs  intcriuitionaux  uuivcrscls  sont  aussi  cousacrcs,  dans  le 
droit  public  interne,  par  Ics  lcj;islations  anj^laiscs  ct  anu!'ricaiucs.  La  loi 
aii;;laise  du  3  juillct  LSll)  conticnt  a  cc  sujct  (art.  7)  la  dis[iosition  sui- 
vautc: 

"'.l»r?  he  it  further  enacted,  That  if  iiny  ])crsou  \vitliiu  any  part  of  tho 
United  Kin}i<loui,  or  in  any  ])art  of  Ilis  Majesty's  Dotninioiis  beyond 
the  seas,  shall,  without  the  leave  and  license  of  His  INLiJcsty  for  that 
puriMtse  lirst  had  and  obtaiiu'd  as  aforesaid,  <'<iuip,  furnish,  lit  out,  or  arm, 
()ratteiui)t  or  endeavor  to  c(piip,  furnish,  lit  out,  or  arm,  or  pi'ocun'  to 
be  e(|uipped,  iurnishe<l,  littcd  out,  or  aruu'd,  or  shall  kno\viu{;ly  aid,  as- 
sist, or  be  concerned  in  the  equipping,  furnishiu;;',  littiuinout,  or  arminjj 
of  any  ship  or  vessel,  with  intent  or  in  order  that  such  ship  or  vessel 
shall  bo  employed  in  the  service  of  any  forcif^u  prin«'«',  state,  or 
[174J  potentate,  or  of  any  *forcij'n  colony,  province,  or  p.irt  of  province, 
or  iico]dc,  as  a  transport  or  storc-shii»,  or  with  intent  to  cruise  or 
cnnuiiit  hostilities  a}>ainst  any  prince,  state,  or  potcntat*',  or  a;iainst  the 
persons  exercising',  or  assuming  to  exercise,  the;  jxiwcrs  of  government 
ill  any  colony,  province,  or  part  of  any  i»rovin(;c  or  country,  oi"  against 
the  inhabitants  of  any  foreign  colony,  jjrovince,  or  part  of  any  province 
•ir  country  with  mIioiu  His  Majesty  shall  not  then  be  at  war     .     .     .' 

'•Cetto  loi  dcfen<l  inctontcstaltlcmcnt  toutappui  prcte  cu  cas  dc  guerre, 
poll  inqiorte  cpie  Ics  parties  bcUigcrantes  soient  dcs  ctats  ctrangers  re- 
c'oiuius,  ou  dcs  usurpatcurs  du  pouvoir,  ou  dcs  colonics,  ou  dcs  iirovinccs 
icvoltecs.  J)ouc,  le  gouvcrncmcut  anglais,  en  pcrnicttant  intentioniu'lle- 
iiient  ou  par  une  ncgligeiicc  cvidcnte, — aUus  qu'il  aurait  pu  et  dn  I'ein- 
jHclier, — IV'«inipcmcnt  dc  TAlabama,  a  meconnu  du  lucme  coup  un  devoir 
international  h  Tcgard  do  I'union  amcricaine  ct  Ics  prescriptions  tl'uno 
lt»i  nationalc.  I'ar  ces  nuitifs  il  est  aussi,  d'apres  les  regies  du  dn)it  des 
t;ons,  rcsponsable  cnvcrs  I'etat  lese. 

"  Jl  est  notoire  que  hi  loi  anglaise  est  une  imitation  de  la  loi  amdri- 

caiue  de  1818  sur  la  neutralite,  hupicUe  lie  faisait  elle-memc  que  reviser 

et  retablir  la  loi  anterieure  de  179  L    CV^st  memo  precisement  la 

[175]    question  do  Pecjuiiiement  de  corsaires  sur  *un  territoire  neutre, 

au  inoiit  d'uuc  partie  belligeriiute,  qui  douua  hi  premiere  impul- 


'W 


74 


DUTIES   OF   A   NEUTRAL. 


it 


siou  h  (M'ttc  li'-^iisliilioii.  Kii  17!>.'5  rAiij^lctcrrc,  quirtait  iVccttcrixxiuoon 
/i^iU'iK^  iivu'  la  I-'iancr,  sc  ii!aij;iiit  iU'  cf  (|iri\  Xcw-Yoik  on  »''(Hiipat  <lcs 
<'orsaii('.s  iVaiirais  jxnir  imiir  an  coinmcrcc  iiiaiitimc  aiij;lais.  he  l'n',»i- 
dciit  Wiisliiii.utoii  s('!\  it  aV(M;  iiiir  ;;r;iii(l('  rnrr^^ic  coiifrc  i'rttc  \  iolat  ion 
<]('  la  iK'iitrniito  ct,  nia1jL;'n''  la  syin|iatlii(^  dc  la  ])o|)iilatioii  aiixMlcaiiH' 
))oiii'  Ics  l-'iiiiirais,  nial;;ro  Ics  (li'iiiiirclics  dc  rainl>assa<l)Mir  IVanrais 
(iciM't,  il  lit  saisir  Ics  cor.-iiiics.  II  ciiipi'clia,  <h'  la  larnio  iiianirrt',  la  coii- 
stnictioii,  en  (i('or<;i»',  tl'im  corsaiit^  tlcsiim''  A  cntiavrr  la  navi;^ati<iii 
franraisc.  I )cs  dciix  coti's,  il  olisciva  conscicncicusi'iiu'iit  ct  laisoiina- 
Mi'iiinit  Ics  devoirs  «riiii  (''tat  iit'iitic.  ot  (U'tcriiMiia  t'lisuite  Ic  (M)n^n's  a 
ii';4i«'r  (U's  devoirs  ]»ar  voie  l(';;islative.' 

"  liC  iiiiiiistre  lilx'-ral  Caiiniiix  iii\«!<|iia  <lans  le  jcirletnent  a!i;4:lais,  en 
]S1.'."{,  <*ette  lioiioiable  attitude  de  \VaslMii;;lon  \Hmv  d(''lendr<',  de  son 
cote,  la  loi  aii;;laise  siir  la  neiitialitt'coiitu' le.s  altaiiiies  d"lioninies  in)liti- 
qiies  ]»,issiones  (»n  <le  ]>aitienliers  ei^o'isles.- 

•'  l/opiaioii  dii  nionde savant  et  dii  nionde  i)oliti(|ne(''(lain''  est  jiiesiine 
unaninie  a  iceonnaitre  ees  jjiineipes,  que  le  peiiple  aineiicain  et 
son  pieinier  *I'r<''sident   ont   riioiineur  d'avoir  proelann'-s   avunl    [17(5] 
tons  les  antics,  dans  des  tt'Xtes  de  lois  elairs  et  ibiinels." 

.Ml'.  Itolin  .Ia<'(pieni.vns,  in  a  notice  of  tliu  able  treaties  of  IMountaj^nt' 
k..im,.i,,..|.m„^,,..  lleiiiard,  published  in  the  same  I'cview  in  ISTl,  say?; : 

"  Dans  le  eas  special  de  rAlal)aniM,  M.  M,  l>(iiiard  iiisiste  stir  le  lait 
que  ce  \  aissean,  en  soitaid  dn  jxat  dv  liiverpool,  n'avait  ni  nn  canon, id  ini 
jnonsfpict.  I!  recnt  dans  la  bale  de  iMoi'llVa  en\ii-on  (piarante  lionunes 
«re(piipa,L;('tini  liu  fui'cnt  ainca<'sde  Iaveii)oi)!,  mais  sans  aucan  materiel 
de  jjinei'.c.  C'est  senlenu'nt  a  Teiceiia,  une  des  lies  Acori's,  p:ir  con- 
MMpient  dans  les  eanx  i)oil  ii.naiscs,  (pi'il  fnt  rejoint  par  la  bar(|ni' 
Aj;ripj»ine,  iW  Londres,  et  un  ])cu  |>lns  tard  par  \v  stcitiiicr  Mahanni,  de 
laverpnol,  (pii  lui  amenerent  ses  oliit;ieis,  son  arnienient,  les  habits  «lo 
re(|nipa;L;('  <'t  un  supplement  de  charbons.''  Un  i'ait  analo.nue  sVst  jire- 
senle  pourh'scoi'saireSiSlienandoah  et  Cieor;;ia,<pii,  e;;alement  construits 
on  An;;leterre,  en  etaient  e,t;alement  i)aitis  sans  arnies  ni  e(piipenient. 
*  II  est  vrai,'  dit  31.  ]M.  lUMiiard,  (p.  oSj,)  '<jue  rarnu'meid  found  u  ces 
vaisseanx  li'ur  fiU  exjiedie  de  dillerents  i»orts  anglais,  cliaiine  fois 
evidemmeiit  *eii  vertu  d'un  concert  i)realable,  mais  iiVst  ce  (]nc  lo  [177] 
ji'onvcrnementan^ilais  n<'  savait  ni  iw  i)ouvait  savoir,'  et  plis  loin 
il  essaiedV'tablir  la  these  (pi'un /^ouvernement  ni'Utre  u'est  i)as  oblige,  cii 
droit  international,  dVnii)eeher  la  sortie  de  ses  ports  debfUinients  ayant 
rapparenee  de  vaisseanx  do  guerre  mais  desarmes.  alors  meme  (juo 
Ton  a  des  raisons  «lo  les  croire  construits  pour  le  service  d'uii  des  belli- 
gerants.     (V.  p.  ;}.sr>  et  pp.  31)0  et  ss.) 

"  II  nons  send)le<iue  Padoption  d'une  pareille  proposition  etpdvaudrait 
j\  rindication  d'nn  nioyen  facile  d'elnder  la  regie  «]ui  dei'lart!  inconq)a- 
tible  avec  la  neutralite  d'nn  jiays  rorgaidsation,  sur  son  territoire,  dVx- 
l»cditions  niilitaires  an  service  d'nn  <les  belligerants.  11  suliira,  s"il 
s'agit  (Tune  entieprise  nmritime,  «le  faire  partir  en  deux  on  trois  fois 
les  elements  (]ui  la  constituent;  (fabord  le  vaisseau,  puis  les  homines, 
puis  les  amies,  ct  si  tons  ces  cliMuents  ne  se  rejoigneut  <pic  hors  (h'r^ 
caux  de  la  puissance  nentrc  <pii  les  a  laissi'-s  jiartir,  la  neutralite  sev;i 
iidacte. .  Nous  j)ensons  (pie  cette'interpretation  de  la  loi  interniitionale 
u'est  ni  raisonnable,  lu  equitable.  Sans  donte  il  ne  faut  pas  deman<U'i' 
l'inq»ossible,  et  puisiiuc  Ic  droit  international  actucl  n'cmpeche  pas  Ics 

'  (.Vo/c  hii  .]/.  JSIiiiiIhcIiH.)—"  Hkmis,  Amtrimii  Ncitlmlilii,  Ho.stdii,  ItiGO,  p.  17  et  Hcq. 

^{Xolc  h'li  M.  niHiitm'hli.)—''  PuoJ-iMoKi:,  lidirn.  Law.  ill,  'JIT. 

^{Xotchji  Mi:  lioliii-Jtiniiicmnnn.) — "  Ce  point  u'otait  pas  m'ttciiicnt  iiicliipu'' dans  la 
vei'.sioM  (li)mu'o  par  M.  Siimiu-i,  V.  t.  1,  p.  4r)2,  do  hi  A'ci-Hr,  ainsi  mui  I'aiticli!  de  M. 
liluutscLli.   y.  uiiHsi  Il's  publLcutiuus  cittScs  phis  liaut  du  MM.  E»i'i::i:suN  ct  I'ikua^xum. 


DUTIES   OF   A    N'lUITRAL. 


75 


iKiilits  (Ic  pcriiicthc  s\  hMii's  suJctM  rcxportiition   d'aniiCH  vt  tU'  tii 


II- 


iiitioiis  (Ir  jiiHTiH^  a  I'lisii;;!^  <l<'s  lu'lli,:i(''niiits,  on   iic  pnit  e\i;!;<'i" 

[17s)    ijiif  r<»ii  iinvtc  It's   aniM's  tlaiis   Ic   cms   doiit    il    •s'ii;^!!.      Mais 

rttli'   tolc'iaiicc   iiVst   <|irniH'   liiisim    dc   plus   pniir  si-   iiioiilicr 

.sciiipiilciix  a  IV'^^ard   tics  vaisst>a\  <'t  dcs  liomincs.     I^a  consi(l«'ratii»u 

<|iii'  1:1    liaiidt',    iik'HU'   coiiliin'c   «Iaii.s   ccs    liiidtcs,   sna  ciicon'    piali- 

ciilili'.  tpic  Ics  lioiiinics  pot  I  ii(  tilt  ("'Ire  iioiiiiiialciiii'id  <'ii^a;;cs  pi>iir  itiu! 

dcsiiiiiitiiHi  pa('ili(|iH',  qiif  la  dini'iciM-c  nitres  Ics  \aissi'ai!\  ih^  ;,'ii('irc' 

vl  fcii\  (If  cDiiiiiii'icc  IIC  sc  i('c(»iiiiait   pas  tonjuiirs  h  d»'s   caracUTcs 

<  tilaiiis.  pent  scia  ir,  dans  Ics  cms  paiticiili«'is,  ii  i-xcnscr  uii  a  .jiistilicr 

l;i  ('(iiKlnitc  dii  ^ioiivci'iiciiiciit   iiciitic  tpii  sc  laissc  tnmipcr  aii\  ai>pa- 

iciici'S.     Mais  diiiis  I'cspccc  ccs  iiiotirs  dc  jiistilicatioii  on  <l*c\ciis»'  n'cxis- 

tciit  ci'i'taiiiciiiciit    pas.     Jlicii  (pic  IWIaliaiiia  iTait  vlv  arnici?  iii  dans  \n 

Mciscy,  iii  dans  la  halo  dc  IMoi-iria,  il  est  cciiain  «pH',  dcs  lo  L*i  _jnirj 

(pliisd'iiM  iiiois  avant  son  d(''parl ),  .^I.  Adams  a\  ait  inroniH'  ollit  icllcinciit 

Lord  Kasscll  qii'iin  noincan  ct   puissant  tilcdiiivr  ctait  prcl  a  <pnttcr 

Liverpool,  dans  lo  dcsscin  nianilcsfc.d<' scrvir  a  la  ;incriv  iiiaiitinic,  ct 

(|ii('  li's  p;irtics  iiiti'i'cs.-'ccs  dans  rciilrcprisc  ctaicnt  tics  pcrsoiincs  l)icii 

cniiiiiics  il  Livcii)ool  coiniiic  a;;cnfs  ct  ollicicrs  dcs  insiii-;^cs  sadistcs.' 

Jl  est  certain  (pic,  Ic  'Jl  Jiiillct,  coiiiiik'  Ic  collcctcnr  ct  Ics  aiitoritt-s  dcs 

doiuiiies  avaiciit    prctciidii    iic   jioiivoir  a;;ir  siir  dcs   vciisci;;iicnicnfs 

Vii.uiies.  Ic  consul  dcs  J'^tats-l'iiis  Iciir  remit  six  allidavits,  ct  (pio 

jIT'.i]    le -.">Jiiiilct  il  Iciir  en  remit  *tlciix  aiitrcs;  que  trois  dc  ccs  docii- 

iiieiils  ('tiiiciit  Ics  (h'positioiis  dc  mariiis  cn^a^cs  a  Lord  do  i'Ala- 

li;ii!i;i,(t  jitlestiiiil  commc  chose  iiotoirc  '(pic  Ic  vaisscan  ('-tait  nii  \  aisst'aii 

dc  eoiiil)at  (r/ _///;/;//»// rrw.syV),  const riiit  ct   amcna^(')  commc  tci,  avccdo 

jiriiiitics  (iiiiiiitites  dc  poiidrc,  dc  cliarlions,  ct  (Ic  pi'ovisions;   »pic  Ics 

iltpn.s;:nt,s  ii\;iieiit  ('{;■  ciir(')I(''s  ]iar  dcs  |»crs()iiiics  Lien  connucs  comino 

n.Ut'iitsdes  Liitts  ('onlcd(''ics:  (piMlsiTavaient  pas  encore  d'articlcs  toraicls 

d'cn;:ii.uviiiriit,  iiiius  (pi'il  ('iait  };(''ii(''ralciiiciit  sii  jY  Lord  (pic  Ic  vaisscau 

^'t;iit  nil  cuisiiirc  (In   <;()iivcrncinciit   lcd('ial,  destine   u   comlfaltic  les 

Etiits-l'iiis  (Ml  vertii  (rune  commission  dc  3L  .IclTcrson  Davis.-     I'n  dcs 

uiariiis  iijoiitiiit  ecitc  d(''claration  cara('t(''risti(pic,  (ju'd  avait  v(('>  diVia 

capiim''  ciiiiiiiic  courcnr  dc  blocns.  ct  (pic  son  iih'c  lixc  i^-tait  de  rctcairncr 

[dans  le  Slid  'pour  s(!  vcnji'cr  snr  les  •••ens  dn  iiord  dc  ce  (pi'ils  Ini  avaiciit 

uis  ses  lialiits.'   On  liii  avait  promis  (jiie  cutte  occasion  uo  tardcrait  pas 


se  piL'seiiter. 


1^ 

•  "A  ccs  allidavits  ('-tait  jointt^  uno  consultation  (''inaiii't'  (run  dcs 

;[1SU]    liiciiiicrs  avocats  d'An^^lctcrrc,  *M.  Collier,  Icipicl,  siir  le  vu  dcs 


pieces,  ('•met tait  \\)\) 


)lati 


di 


Eiilintmcnt 


lettaitloi , „  _        _, 

^(7'ctait  ('talilie.  ct  (pic  Ic  (,'oHectcnr  dcs  douancs  avait  Ic  droit  ct  le 
dc\ t)ir  (raiieter  le  vaisscati. 

'•  Six  jours  eiu'orc  scconit'rcnt  avant  Ic  rapiiort  dcs  jurisconsultcs 
ofticicis  (law  ollieers).  Cc  fiit  Ic  L'!)  juillct  sculcmcnt  (pfils  concliirciit 
c^alement  a  (t  inic  jc  vaisscau  Cut  arict('.  Mais  Ic  L'S,  Ic  corsairc,  avcrti 
quonalhiit  reinpecher  dc  jiarlir,  sc  liatait  i\v  {\\\\\Xv\-,  (inatrc  jours  pUts 
tot  (jit'il  ne  fiv  I'cUiit  in-oposc  Ic  hassin  oil  il  sc  trouvait,  ct  h^  20  il  prcnait 


la  iiic 


1'/    Cciieiidaiit  il  iic  (juitta  Ics  caux  aiiy;laiscs  que  le  31 


'M.li 


laiNAia).  ]>.\)\\[). 


'■  (\olr  hii  Mr.  niilii,-,! 


vt'Nsct  IS  a  |iiiV;itf(i'  lor  t 


'nc'ini'myni*.) — '' '  It  is  well  !<n(>wii  t)y  tlic  liiuuls  on  board  tluit  tlio 


iiiiil 


111' (■()iilc<l('nit(' novfriimi'iil  to  act  ii;L;:»iii.st  tlio  Uiiitccl  titalca 


<■!■  a  coiiiiiiissioii  rn.m  .Mr.  .I.-tlVison  Davis.     Atlid.  No.  I,  ]5ia:NAia>,  i>.  :!(i:: 


>(Ao/c  /)//  Mr.  J,'oli„..l„ 


onlor  to  liavo  ri'taliation  of  tiu"  Xortl 


iliitiiniiis.)—''  Alli.l.  No.  H,  J).  ;U)l).     '  1 


wan 


ti'd  t( 


it  Pontli  in 


,  — ...<  i,,..  i.ieriicrs  lor  rol)liiii;' me  ot"  niv  clotlii's.     He  Ll'a^rnt 

(les  (-tat.s  (In  sml]  .«ai(l  tliat  it  I  went  witli  him  in  lus  vessel  1  slionUl  very  shoitly  liuvo 
that  opiiortniiity.' 

*iyoteliii  Mr.  JioUn-Juapu^myna.)—"  Ama-dxit  (1«  Clarence  Yougo,  cito  par  M.  Bku- 


76 


DUTIES    OF   A   NE(jTi;:AL. 


"  M.  r.(M'n;iv<l  no  fvoir  ]y,\s  quo  h\  sorfi<'  do  rAliilnima,  ofToctiu'o  dnjis 
ocs  t'iici)iist;in('i's,  .sullic  pour  jiistilin-  riinputMtiou  i]v  faxitc  fjrare  <le 
('(tn)nihli'  H('(ili(,riK'('  a  i:i  o1iar;i«i  <hi  f^ovcriii'iiicnt  {U)j;lais.  II  couvicnt, 
toiitclois,  (juc  iii  uii  Aiijiiais,  iii  un  Aiiirricaiu  u'a  pcut  rttc  Ic  droit 
<r;i\()ir  suf  crttc  (iiiostioii  uju*  conliaiicc  iiiiplicito  dans  son  in'oprc Junc- 
iiM'tU.  Mais  ii  no  voit  inv.>  c  •  qui  l'<Mn])i''(du'rait  do  diro  quo  raccnsatioii 
lui  i>iiiail  li'tjh'c  ot  (In'iiisonni'hl".  <>uant  a  nous,  nons  n(!  voyons  pas 
oiHiniii'uf  i!  st-rait  possildo  a  (indqn'nn  <|ni  nV'st,  ni  Anjj,lais,  ni  Anioiictain, 
do  ]>:irtMjj;or  ooHo  patriotiqno  iiKluIjronoo," 

*!M{'.  'j'lii'odoio  Ortolan,  of  llio  ImoiicIi  navy,  iVoi)\  Ids  praciii  ,.i  [1>^1  j 
oxpi'i'ii'iioo,  as  well  as  iVoni  his  tlicoici  iciil  linowiodiio 
and  1ms  liij^h  i('}tutaf ion  "s  a  pid)licisl,  is  rocop,n i zod  as  a 
\vritor  of  anflioiily  on  tliosc  snhjoots.  Jn  a  la'c  odilion  of  Ids  Diplo- 
fiHiiir  (Ic  U(  nur*  \u'  dison.-srs  (lio  sul)|oct  of  noutral  olili/^alions  with 
8p«'cial  I'oforoMoo  to  tho  dillcronocs  hotwocn  (ircat  Ilrita'n  and  tho  I'nitod 
tStatos.     llo  says : 

'•Si  Ton  sujtposo  un  naviro  oonstruit  sur  U'.  toiritoiro  noutro,  non  pas 
sur  ooimnando  .i'nn  hdli-iiMant,  on  par  suiio  (Pun  tiaili'  ostonsihh' ou 
tlissiiiiido  avoi;  oo  hollii;t''ianf,  Jiiais  on  ww  d"nn  dcssin  (inoh-oniiiio.  soit 
<lo  lavi.uafion  oornnionial* ,  soit  t<>nf  autre,  ot  quo  oo  naviro,  ih'ia  par 
lui  nii'iro  propro  a  hi  unorro  ou  do  nature  a  otro  oonvortl  a  cot  usap', 
uno  fiiis  scati  dos  ]iorts  i\o  hi  nation  neiifre,  soit  veufhi,  dans  lo  couisch' 
.sa  ;:ivi'i:Uii.n,  oecasionnollonion!,  a  I'lin  «h's  Itolli^^erants,  ot  so  inotto  a 
iiavi^iief  on  (h'st  inalion  d,''.eeto  pour  oo  hollii^eranl,  unto!  naviro  dans 
<lo  tolh's  oiroonstaiicos  tojaho  uni(]Uoniout  sons  lo  coup  dos  roiilos  rola- 
tivos  a  la  oontrobando  do  ;xn«Mro.  I.  ost  sujet  a  otro  arroto  ot  <-onllsqu6 
]>ar  I  onnonii  ipii  pourra  s'on  oniparor,  niais  sans  (pi'aiionn  ^rioi'  di;  vio- 
lation <los  <lovoirs  do  la  noutr.dito  puisso  sortir  <lo  oo  fait  oontro 
Totat  uoiitrr  pour  n'a\()ii  pas  dofondn  a  scs  *na(ionau\  <lo  (olios  [l!^-j 
vontos  ou  no  los  avoir  pas  r<'-jiiiiiio(s.  ("I'st  uno  op('iation  <lo 
tralic  (iu;  a  ou  lion,  Iraiic  do  ooutrohando  dr  j;uoiro.  dont  ancuno  oiroOii- 
Htanco  pavtii'iilioi'o  n'ost  voniio  oliaiiiior  lo  oaraotoro. 

*'ToI  4ul.  on  rannco  ISUO,  l*  oas  du  na\  iro  aiaorioain  lo  IJrutns,  oap- 
turo  ]>ar  los  Anj;Iais  ot  juj;o  dc  lioniie  jaiso  \k\v  la  cour  <rainirautc 
d'Halilax. 

'*  Mai>  hi  situation  olianj,^o,  la  oontrohan<l<' do  ^^in-n'o  n'ost  jiInshMpios- 
tioii  priiioipalc.  d'autios  ro.nlos  <l',i  <li'oit  dos  jjcns  inferv  ioniiont  ot  iiiodi- 
tiont  profondouH'id  la  soiiition,  si  Ton  .■<u;>posoqu'il  s'anisso  do  hat  i incuts 
<lo  j4;norro  oonstrnits,  a'-nu's  ou  «''(piip<'s  sur  nn  toirh«*iro  noutro  i»onr  Ic 
oonijito  d'un  holtii^'i'iaiit,  par  suite  d'arrani^oinciif  jais  a  ravanco  avoc 
)i;i,  sous  la  forme  d  nn  oontraot  ooiniiH'iciiil  (pid  •oiitpio :  \ cnto,  comniis- 
Nion,  loua;;c  d'inilns'rio  ou  do  (ra\"ail:  (pi'  los  ananyonu'Uts  aiont  etc 
jnis  oston.viiilcniont  on  qu'ils  le  soieiil  d'liro  in  "tiici,-  s(  croto  ou  di';^ui^o<'; 
oar  la  loyanlc  est  imo  condition  ossontiollo  dans  la  soluticni  <h's  diirKaiUos 
intoi'iiafionalcs,  of  smis  le  couNoi't  *h'  la.ussoH  apparanr'cs,  i(  /ant  toii- 
jonrs  aller  an  fmid  dos  <'lioscs.  II  y  a  i'-i,  incontcsta'ilcMiont,  utio  sccondo 
iiypothcs(^  q- *n  iinporto  do  distin^uor  soi^i^iionscniont  do  la  pri'-co 
<lontc. 

'•  Nons  noas  rattacliorons.  pour  ri'soiidre  en  *droit  dcs  f^-cns  los    [18.'Jj 
dillicnltes  f/ao  ]/roscnto  o'tto  ncaiM'lle  situation,  a  nn  inincipo 
nniverselloniont  otal>li,(pii  so  forniulo  en  o(^  pt'U  tlo  mots:  '  In\  iolahiiitc 
ih)  icrritoirc  nontio.'    ('otto  iiiv  iolahiliti'  ost  nn  droit  pour  Tctat  noiilrc, 
dont  Ic  tonitoiro  lie  doit  pas  otre  attcint  i>ar  los  I'aits  <lc  yiiorre,  mai.s 


r)il»loiiiiitie  df  la  mer,  touio  2,  i»*<go  208, 


i 


DUTIES    OF   A    NEUTRAL. 


77 


u(''0  (Litis 
(I rare  do 
L-oiivicnt, 
li'  droit 
iprc  Jiiiit'- 
•('iisidioii 
»y(His  pas 
iiKMicain, 

,..'.    [18lj 

I.UV 

li/.cd  as  a 
lis  litp](h 
ions  witli 
lie  rnitctl 

',  iioit  pas 
■iisiMc  oil 
iKluc,  suit 
',  dL'jA  par 
iH't  usap', 
l;  coins  dc 
<c  UH'tlc  a 
.\irf  dr.iis 
i'i;i<'>  rcla- 
rolifisqiio 
id'  di;  vio- 

lies    [IS'J] 
dc 
IK'  ciriio.i- 

itus.  cap- 
aiiiirautc 


IS  la  (pH's- 
cf  modi- 
tali  incuts 
pour  It' 
iiici'  avt'c 
'.  coinmis 
aii'iit  ('tc 
d<';iui'.(''»'; 
diHiciilti's 
/ant   toil- 
It'  second*' 
la    pr<''CL- 

ics  I  is; '.J 

ipc 

iolabiliti' 
al  nciiUc, 
'ire,  inais 


Olio  inijmso  aussi  a  oo  n)cino  ctai  ncnti-c  iiiio  riroito  oMijjfalioii,  od'o  de 
II,'  pas  pciiiicttrc.  ccllc  (rciiipcclicr.  activriiiciit  an  Ix'soin,  Tcniploi  dc  co 
tcnitoiic  par  I'liiic  dcs  parii«'s.  u'l  an  prolit  dc  Tunc  dcs  parties  l)clli;;c- 
raiites,  dans  nn  but  liostilc  a  Taut  re  paitic. 

"  Ia'S  piililicistcs  en  credit  ne  tout  anciiii  doute  ])onr  «'e  qui  conceriio 
raniieiiHiit  <'t  r*'qiiii)einent  .'.ans  itn  port  iieiitr*'  dc  batinients  dc  iiierrc 
destines  a  accioitrc  Ics  forces  «lcs  Uclli^jcrants.  lis  s'accordeiit  pour  rc- 
ciiiiiiaiiicrillt'^alitc  iV'  ccsaniicnientsoii  ('(piipeinents,  conune  une  inl'rac- 
tioii  dc  la  part  di;  I't'tat  iieiitrc  qui  Ics  tolererait  aiix  devoirs  <]('  la  iicii- 
1    tralit.'. 

'1       "  N"'"''-'!  1'"'^  evident  rpTil  en  doit  etre  de  nieino  a  fortiori  <le  la  cou- 
i§   striictinii  (ic  parcils  lialiniciits,  loisque  cettc  eoiistnu-tiou  a  lieu  dan«  Ics 
ctiiiditions  pirviH'S  en  iiotre  secoiide  hyotlicsc  ,'" 

Tlic  attention  of  Italian  Jurists  and  pidilieists  lias  also  IxMni  5ittractc<l 
111  tlic  discussion.     A  learned  and  e\liiiustive  paiiiplilct  ai>pearc(l 
[1S4]    at  l'"lorcnccin  ISTdfroni  tlic  pen  of  i'lofessor  ricr*antoui.     U'itli- 
■j^  out  claiiiiiii;:;  the  cxtreiue   rights  \vlii<  h   this  IcariH  (-   ^•entlcinau 

'^  coiiccdi- to  tliciM,  llie  I'nited  States  invite  the   attention  of  th«'   Trihii- 
il  iial  oi'  Ailiilration  to  the  following-  exj»rossi(»n  of  opinion: 

'•  Dopo  (lie  nella  sc/.  XXI  I,  il  professor  di  Pavia  sosticne  die  ne  il 
g-(nei!io  in,i;lesc  lie  j;li  altri  ;;i>verni  debhano  assnineic  la 
giiiiidi<a  respoiisabilita  dcllc  depre«la/ioni  coniniosse  dai 
corsaii  separatist!,  iiella  sc.i,''uentc  se/..  XXIII,  i)assa  ad  csaniinare  il 
Sccoiido  siio  assnnto:  se  la  iiciitralita  fii  violata  dalla  (Iran  ilrela;;nii 
S  ju'r  la  costrii/ionc  dell'  Alabama,  le^no  corsaro,  o  i)cl  consent ito  arina- 
iiiento  nri  caiiticri  iiijilcsi.  V.'^W  in  l)revi  teiinini  chiaina  I'lnuliiltcrra 
respoiisaliiie  ;lci  soli  daiiiii  cajiionati  dalle  dcpi'cda/icmi  del  detto  lc,^iio, 
8<'riveii<'o  :  '  Di  rpiestc  i»erdite  soltanto  di  \i'  risponderc  il  <>ovciiio  bri- 
^  taiiiiii'i>.  pel' essere  le  iiiedesime  una  coiise,uiien/,a  immcdi.ita  di  iiii  iatto 
illr-ilti.iio.  die  ebbe  liiop)  da  sua  jiarte,  N  iolaiido  api-rtamente  le  \k"^\*\ 
dtlia  ncuiialita.' 

'•  lo  noil  poss!)  acconsentire  a  qnesta  mite  concliiusione,  an/.i  me  no 
<li.M(>-!o  per  ((insiderazioni  di  Iatto  e  tli  diritto.  In  liiica  di  fatto,  io  nou 
iiiteado  loaie  il  cliiarissiino  aiitoro  osclmla  le  altro  spe<-ic  di  olVese.  <'ho 
i"  Sumner  ed  il  sno  jnoverno  adduc<»no  di  aver  patite  dalla  na/ioiio 
[is."]  iimericaiia  (-s/V.)  Xella  esposi/.ionc  ileirar;4«)meiito  bo  citato  "^i  tic 
*  c;;pi,  iiei  (piali  ria.ssuiiic  il  Sumner  la  .serie  delle  otVese  patil*-.     11 

«aso  del  vascelio  cosiriitto  a  Liverpool  e  il  piu  ^rave  ;  ma  ^^li  Ameiicani 
8osten,t;(!iio  die  avscniicro  altri  simi;iliaiiti  casi,  e  sino  a  prova  ctuitraiLi 
tioii  e  Iccito  dicoseriveiv  il  niuncro  dei  fatti  addotti  conic  olVeiisiNi. 

'•  In  diritto.  io  iioii  so,  che  in  qnesta  sceouda  parte  lo  .scrittore  iion 
ricoriv  ad  alciiiia  diiiiosfra/.ione  dottriiiale,  peielie  e,uli  liniili  le  coiisc- 
guciize  delia  ^  iolata  iieiilralita  al  semplice  rifacimeiito  de'  danni  eayio- 
iiati  did  limio  eor<;iio. 

*•  I  piineipii  della  iieiitralita  soltanto  aee<Minatl  diiiiostrano  piii  ;;ravo 
la  responsabiliia  del  ;;(»\ciiio  che  la  violo""' 

Lasil;,,  the  Liiited  States  cite,  Ibr  the  consideration  of  the  Tribunal, 

the  anllioiitv  of  Lord  Westburv,  Lord    Iliuli  ("hanccllor  of 

jl  Kn^laiid  during  the  rebdlion,  who,  on  the  THi  day  oV  31arch,       '-'^^•-"""'' 

ls<;s,  in  il  discussion  in  the  House  of  Lords  «im   these  (|uestions,  said: 

'«  There  was  one  rule  (»f  eondm-t  which   undoubtedly  civilized  nation.s 

f|liad  ainrecd  to  observe,  and  it  was  that  tlu'  territory  of  a  neutral  shotdd 

I  nut  be  tlio  base  of  military  operations  by  one  of  two  belli<;oroiits  a;4ainst 


■  K.i  t^)ii.'sti()iiM  Anylo-Auicricaiviaoir  Alubunm,  iior  I'Avv.  A.  Picrantoiii,  rireuzo 

I !-:'»,  ii.iuvs  .|lt-7. 


78 


DUTIES   OF    A   NEUTRAL. 


tlic  otlicr.  Tn  spojiUiuif  of  tlu'  1»mso  of  opoTiitions,  lio  must,  to  n  cortaiii 
(l(',tir<M',  (litTcr  rroiii  lite  nohlc  ('!mI.  [l-;iil  Ifiisscll.|  It  int.v  not  a 
(jncslioii  ifhfUirr  (irmcfl  sltips'  *  hail  act  iKuhj  left  our  .slionx  ;  hitfitivas  [18(IJ 
(I  <iii(:ifi;>n  nlif'thrr  .ships  iritli  a  riric  to  irar  lintl  hccn  hid  It  in  our 
purls  li!>  (iiir  of  tiro  hrlHncrciits.  Thiij  )i<(<i  not  Ikcc  lirrn  nrincd  ;  hut  if 
tliri/  liiitl  licvn  litiil  (lotni  o)iil  huilt  H'itli  a  rii  ir  to  irorliLc  optrdtions  hi/  our 
of  tiro  liilllf/rrruts.  <(u<I  thin  mis  Inioiriuijlii  jurniittot  to  he  tloiic  hi/  a  uru- 
tr'il  I'oin r.  it  iras  init/iirstioniihlii  o  hrrrch  of  uri'tralitii."^ 

Tlic  |»iil»lic  :iii(l  olliciiil  iicts  uf  oilier  ICtuupc;!!!  (i(t\(riiiii(';it.s  Iijivc 
;ilsM  l)('('!i  ill  Ii:ii  iiioiiy  witli  the  i»riiici|il('s  wiiicli  arc  rlaiiiMMl  in  lliis  paixT 
to  liavi'  ltt'<'ii  violated  l>y  (ireat  llrilaia, 

J)iuiiij4' tli<'  war  lu't  ween  Spain  ami  llie   SpanisliAiiiericau  Colonics, 
( ,-..  .1  s,.,  1, 1,  tlic  (lovcniiiiciil  of  Sweden  s(»ld.  in   tin'  ordinary  ('oiii'sc  ol' 
"■""'  conniK'iee,  lo  somk'  pri\iilc  indi\  idnals,  some  \  i'ss(>ls  of  war. 

after  first  disniantlin;^  iIm'mi  ol"  tlicir  arinaincni.  and  rediiciiiu'  tlicni  to  a 
iniieli  less  loniiidalile  eoiiditiftn  than  tlu'  Ala^aaia  was  in  when  she  h'lt 
laverpool.  S<»me  of  tlie  cctrrespondcnec  wiiiili  took  place  lielwccn  the 
Spaiii-'h  Minisler  at  StocMiolin,  the  KMissian  [Minister,  and  the  Sucdisli 
(lovcnnient  may  he  loniid  in  l>r  Mnrtni's  diu^rs  ('(■l<hr<:<,  \'ol.  ."»,  pa,i;e 
-'J\Krt SI)/.  A  yood  /v'.vwwr  ol' the  whole  <'ase  may  he  foinid  in  Det'iissy,- 
to  which  the  I'nited  'States  iinite  the  aticntion  of  tht  TrilHinal  of  Ar- 
hilration  in  I'nII.  as  follows  : 

*■•  Dans  ranncc  IS-Jt).  je  roi  de  Siiedc  prit  la  ri'solnlion  <le  faire  [1S7] 
veiidrc,  (jiiand  Toccasion  s'en  pr(''senterait.  ijaelipie^  hat  inicnts  de 
yuci're  donl  la  c(iiislraet  ion  reiiiontait  a  phis  de  \ m^i  <a!i(|  ans,  orchm- 
iiatit  d'aiilciirs  de  Ics  remplacer  iiiimediatcinetit  jiar  des  haiiineiits  nou- 
veaiix  en  appiicpiant  aiix  Irais  de  constiiictioii  de  ceii\-ci  le  ])rodiiit  de 
la  vi'iite  des  premiers:  le  hut  et  les  intent  ions  dii  roi.  en  cette  cireoii- 
staiHc,  f'taiciit  de  reiidre.  an  seiii  de  la  p;;i\.  ipichpie  aetivite  an\  ehaii- 
tiers  <le  la  maiiiic  loyalc,  par  la  constnietion  de  cim|  on  six  vaisscaiix 
«l<'  ;;neire. 

"  I. a  Suede  fit  propose]-  a  I'lvspajinc  d'achetcr  ces  l)atiiiieiits,  tinit  i)ar 
''interm.'diaire  de  M.  de   Moreno.  en\oye  de  la  coiir  de  .Madrid,  a  Stoc!( 
holm,  tpie   pai' celiii  de  M.  de    Loi  ii  hs.  chaijLic  d'alVaires  de  S a   Majeste 
siK'doise  anpies  (hi  y'ouvcniciiM'iit  de  S.  .M.  calholiqiie.     Le  ministeie  lit 
<'.'^alcmciil  proposer,  en  memc  temps,  a  la  coiir  iflOspauiie  de  liii  c(''(ler. 


a  (ic 


|)ii\    mo( 


\iyrs,  de    1; 


I    poiidre    el  des    piiijectiles,  ct    di'    inettre    le>^ 


(•hauliers  <Ic  la  marine  i<»\ale  de  Snede  a  la  disiiositioii  de  S.  M.  catlm- 
liijiie. 

*•  I-a  coiir<lc  Mailrid  dt'-elin  i  <  <  -^  propositions  diverses  :  PMspa.^iie  pos 
W'dail.  vepoiulif  .M.  de  .Mor<'lio,  tons  les  I'leineiits  iHMcssaires  p(»iir  la 
fahricalioii  de  la  poiidrc.  el  nii  iionihre  siinisant  de  vaisscaiix  de  j;nerre: 
rarji'ciit  s<'iil  mamjiiait  pour  mettle  en  aeti\ile  h's  iijoiilins  a  i>ondro  et 
pour  ra\  itailler  h's  halimeiits. 

*"  Le  miiiislie  dc  la  marine  de  S.  'M.  sni'doise  avisa  done  atix  [18SI 
nsoyens  iiecessaires  pour  troiiver  des  aiMjiHTcurs.  Six  vaisscaiix, 
tort  hi>ns  4'iicoie,  liieii  <[iie  h'lir  construction  remontat  a  iT)  vt  ."iO  atis. 
♦uretit  d(''clai(''S  I'c'formes,  et  leiir  \ cute  fiit  annoiicee;  c'e|;iieiit  le  vais- 
scan  Fiirsinti!ihitrH(\:i  IMi'-voyancc)  ct  les  i'rv'^atvsj' J! urij(li«-i',  lit  CainiUc, 
la  Miuilifihrtrii,  Iv  Chaintiou,  rt  hi  Tnpprrhrten. 

''Avaiit  <ie  proccMh'ra  la  xcnte,  qui  cut  lieu  an  eoiimiciiccmciit  (h'  rmi- 
nee  IM25,  le  ininislre  siK'dois  tit  renoiivch'r  la  |»roposi(ion  d'achat  des 
ilits  haihnents  ail  cliar;:*'' <rairaires  d']Cspa;;nc  (pii  se  trouvail  eiM-oiv,  a 
ct'tte  epoquc,  ;\  StocUliolin,  aiiisi  qii'il  son  Huccessour  M.  <rAlvarjido. 


'  HiiiiHiiKl,  'M  Merits,  N'ol.  CXCI.  i>iiK«"s  ^tUi, :M7, 
'  Du  CuHMy,  Droit  MuiitiuK-,  tuiue  '^  piige  4U'J. 


Hsnr 


DUTIES   OF    A   NEUTRAL. 


79 


'' Siir  le  roTus  do  la  Irji'iition  osi)ajfiio](' iTt'iitrrT  en  iiocrocialioii  jxmr 
I  iici|ii!:.ili<)n  (]('s  l);'ilii!i('iits  ds'si;--! u'-s,  Ic  jioiivcniciiiciit  siu'duis  acccpfa 
Ics  <i!ri'('.s  (jiu'  liii  lit  la  maisoii  dc  coiiiincicc,  ('-taltlit'  a  Stot-kholni,  yi'\- 
clah'Ison  (>(  I)('ii(Mli('ks:  (('llt'-ci  ]»(MI  apivs  rrila  Ics  hatiiuciits  doiit  rlKi 
avail  lait  rafquisiiidii  a  la  laaisoii  aiiyiaisc  IJaiclay.  llcriiii;^-.  Kiclianl- 
son  ct  C"',  dc  Loiidivs. 

"Or,  ccttc  dcinicTc  inaisoii  ayaiit,  aiiisi  (pu'  la  iiiaison  Cioldsnnlli,  do 
T.oiidrt's,  loariH  Ics  loiids  dc  rciiipniiit  coiiti  iiclc,  pcii  dc  tciiips  ;i\  ;iiir.  par 
Ic  3Ic.\i(iac,  l'I'!spa;;ii('  ciut  I'ccomiaitrc,  dans  la  ciicoiistanc!'  (!»«  TiM-liat 
(Ics  hatiMiciits  rclttniics  lait  par  la  iiiaisoii  IJarclay.  Ilcrriiii;'.  IvMcli- 
fl.-i!)j  ardsoii  ct  *(''''.  tics  mains  dc  la  inaisoii  dc  Slocklmlia,  iiiic  iiiH'H- 
ti(i!i  ih'  siiiiiildiloii  asaiit  pour  lait  d'cluiniicr  la  pcn-^cc  <pic  la  ixon- 
AWiK'iaciit  sncdois  ctait  intorinc  ((piaiid  il  acccpta  Ics  nlVn-s  dc  l;i  uiaisoii 
Micliiulsoii  ct  I'.ciicdicks,  dc  Stockliolm)  dc  la  dcsl  iiiat  imi  qui  sera  it  ]no- 
cliaiMciacut  doiiiK'c  aux  vaisscaiiv  dc  ;^ncn('  vciidus  j»ar  Ic  iiiinisti-c  dc 
la  iiiariiic. 

••  r(M,r  M.  d'Alvarado,  cliar;;c  d'alVaircs  dT-spaiiiic.  il  iic  scndilait  pas 
d(aitcM.\  <pic  Ics  liatiniciits  achcti's,  dans  Ic  principc.  pai'  la  inaisua  Mi- 
cliaclsttn  d  I'tcncilicks.  ptair  passer,  i»cn  dc  Iciaps  aprcs.  ciiln-  Ics  mains 
dc  la  luaisoM  iiaiclay,  Ilivrin;;',  llicliartlsoii  ct  Couipajiniic  (pii  sc  troii- 
vait  en  rclatitais  d'allaircs  d'ar;^('nt  avce  Ix  colonic  n'roHn-,  ctaieiit  *U's- 
tint'-s  rirenl'orecr  les  ainicmcnts  marilimes  des  insar^ics  dc  rAnaaiiiuc 
espa^nole, 

"("est  dans  ecfte  couvictidn.  IoimN'm',  disaitil,  snr  la  n(»t()ri<''ti''  i)n- 
liIiqiM'  a  St(»c!ili((lni,  a  Cajlsernna,  a  dntlicidionr^',  ct  a  l/aidres,  (pic  M. 
d'Alvarado,  dans  la  n(>t(  .<pril  addressa,  Ic  1"  Jnillct  '>iL'.'i,  a  M.  Ic  cianlc 
(Ic  Wcltcislcdt. 'I'Miistrc  dcsalVaircs  ctiaii'icrcs  dc  r    ..-de,  cl  par  laipielle, 


il  laisait  app 


it\auli''  dc  S.  M.  snedoisc,  d(ait  la  religion  a\ait  sans 


(kaile  (•!(''  sMiprisc,  conjiira  le  ^•oiivciiiemcnt  dii  roi  dc  rcsilicr  Ics  coii- 
tials  dc  vcnte.  ct  avaiit   lout  <U'  rclciiir  dans  ses  ports  ([iiatrc  des  hati- 

iiicnts  veiidiis  (pii  s"y  troiivaieiit  encore. 
[1!>0J  "  Dans  sa  n'poiise  an  eliar^(''  (ralVairc.'*  d'Ks*pa!:nc.  Ic  mini^tr*^ 
siK'dois  (h'elaia  <pic  si  le  jiouNcriicmeiit  dc  S.  .M.  siicdoisc  avait 
M'lidn,  a  des  n('';^()eiations,  (picltpics  vaisscanx  de  j;iiei  re,  (pi'on  avait 
ja;;c  apropos  de  ri'loiiner,  en  se  r(''servanl  d'ailleiirs  la  nioili(''  dc  rariiu'- 
iiieiit.il  n'avait  Tail  (prexcrecr  son  droit  (pic  ju'txninc  lie  poiivait  lui  eoti- 
tester.  'S(»ii  action,"  eoiiliiiiiait  leministie,  's'aiietcla:  ct  .--i  .M.d'Alva- 
lado  pent,  on  croit  p(aivoir,  prouNcr  (pie  Ics  acipicreiirs  out  rinteiilioii 
de  I'aire  de  ees  liatiineiits  uii  nsaiiv  (pii  p(airiait  d"\('iiir  nuisiltic  a  Tl-'s- 
lia;4iic,  ('est  aiipic-;  dii  <;oiiveriieiiiciil  la  itaiiiii(pie  (pic  sa  coiir  doit  a.iiir, 
lui  seal  |>onvanl  excrcer  snr  ses  siijets  la  siirvcillanee  (pii  liii  eonvieii- 

jdia.     .Mais  v(»iiloir,  snr  de  simples  pr(''soiiipii(ais,  aiictei  iiiic  \  elite  dans 
ht  craintt'  (Vvn  dniKjir  a  rvnir,  qui  poiirnnf  in  n'snittr^  ee  serail  ancaiitir 

|ra(tivit(''  et  lo  (U'veloppement  de  toiites  les  transactions  eommeiciales.' 
*' .\  la  suite  dc  diverses  notes  (■(•lianjit'es  eiitrc  l(    ministre  siK'dois  rt 
J^r.  d'Alvarado,  (pii  ohtiiit  des  eiivoyc's  des  piiissaiK cs  amies  ct  allic«'s  do 

iri;si»aoiu',  r«''sidant  5\  Stockliolm.  d'appiiNci'  ses  n'-clamations,  Ic  i^oii- 

iveriieiiieiit  de  S   M.  le  r(*i  de  SiK-de,  \(riilant  don.ier  uii  t(''moi;xanj;e  iX^i 
la  Itoiine  loi  (pji  I'avait  ;'iiid(''daiis  loutecetto  atlaire,  consent  it  a  resilior 

lies  contracts  dc  vcnto  (pii  avaient  oto  passes,  en  dernier  lieu,  a  i'occa- 


[1!)1] 


sion  de  hi  Prnun/nncr,  de  VEaryilia'^  et  dc  i<i  CamiUv. 


*u 


Ccllc  rcsiliatioii  cntraina,  p(au  le  ^(HiveMiement  suedois,  mio 
pcrte  d'argent  as.sex  consitlerablc,  quo  Ton  a  evaluee  a  plus  de 


jClMino  iVaiic.^ 

"  Les  nuinbres  de  rojjposition,  dans  la  dieto  tonne  on  1828,  chcrclioront 
6tablir(iuo  la  gouvornejaentduroi  t    xit  violtUi  constitution^  (otornel  ot 


80 


DUTIES   OF   A   NEUTRAL. 


biiiiiil  iirirnniciit  dc  fout<'s  h'Hnpponl'loufi  dans  tons  Ics  pnys!)  non-sonlo 
nicnt  pour  iivoii-  vcndu  dcs  hatimrnts  dc  la  niarin«^  do  lY'tat  sans  avoir  |:| 
ohtcnn  juvalablcnuMit  rasscntiincnt  (U'S  etats,  mais  anssi  jjonv  avoir  '  i 
dcpnis  pcrniis  la  irsiliation  d<'s  inai'clM'S,  ct  sVtiv  sonmis,  dc  ccltr  soric,  i? 
j\  niM'  pt'ito  en  ar;;<'iit  d'an  cliiirro  ('Icvc'".  line  couiinission  fht  nonniu-o 
ponr  cxainintT  la  condniti*.  du  goiivoiiuMntMit,  laqui'Ilo,  apres  Icnr  oxa-  [|^ 
iiKMi,  I'lit  tronvi'o  invprc'Iicnsililc. 

"  Lcs  ('tals  sollicitcrcnt,  II  ost  vrai,  dn  roi,  qjic  S.  M.  vonlnt  bicn  pren- 
dre U'S  nicsnrcs  ncci'ssaircs  ])onr  lairc  rcntrcr  lui  trt'sor  lcs  soinnu's  (pio 
le  {i'onvci'in'iin'iit  avail  ci'ii  (Icvoir  sai-rilicr,  rpnmd  il  s(^  vit  nii(Mi\  ('clalK) 
snr  lcs  iiiconv(''iii('nts  rcsnltaiil  <lc  la  vcntc  clKcctncc  ct  lorscpi'd  cc'da  aiix 
rcpri'sciilalioiis  diploiiiatiipics  dont  ccttc  vcntc;  ctait  «lcvciiu(^  robjct; 
mais  la  niort  dn  Coiidcdc  Ccdcrstroiii,  clicf  dc  radniinistratio!i  dc  la 
marine,  coiitre  Inpul  Ut  tUiiuoide  pdnii.sNtiit  (liri(/a',  nilt  liii  a  ccttc 
al'lairc;  dlcnc  iiil  pas  reprise,  cii  ^cllct, dans  Icconrs  dcs  seances  [1{>1!] 
dc  la  diete  snivanlc. 

"  Le  .i!,()iivcriicnM'nt  sucdois  en  resiliant  lcs  contrats  dc  vcntc,  ct  eii 
s'iniposant  iin  sacriliec  d'arjicnt  en  ccttc  circonstance,  a}»it  dij;'ncinent  ct 
loyalenicnt ;  anssi  loiijitcini»s  ipril  n<^  vit  dans  la  vcntc  dcs  hatiinents  dc 
^t>nerre n'toiiiics  el  <ruiic  i)artiede  lenr arinenn'nt,  (in'nn(>  operation  piuc- 
ment  coiiiniercialc,  d(»iit  lcs  n'-snltats  devaient  protiter  nni(ineiiicnt,  taut 
an  coniinei'cc  (Tancnn  acrpicicur,  <pfan  tirsor  dc  l\''tat,  an  nioiiieiit  ofi  dc 
luaivclies  constriiclions  naxalcs  allaicnt  etic  entrcpriscs,  !c  ;^-oiiveriie- 
nu'nt  sui'dnis  etait  pariaitenieiit  dans  son  droit ;  mais  dn  Jour  on  il  pnt 
croiri'  (pie  lcs  lialiments  aclietes  ]>ar  la  maison  dc  Stoekliolni  ct  rcvcii- 
<lns  a  la  maison  dc  Lon<lics  eialent  destines  ciree<i\  t'liiciit  a  icnlorecr 
lcs  arnicMicnts  inaritiincs  d'nnc  colonic  (jiie  riJsjuitiiir  cDiisidrntit  encore 
V(»niiic  in.siiffftc  contrc  .sou  (ditorifcvt  <lont  I'indi'ix'ndanei'  ](oliti(pu>  n'a- 
vait  encoieetc'  reeonnne  par  ancnn  d<'s<;rauds  eiats  enropii'cns,  la  Sncd(, 
alli('e  oil  amiedc  ri"]s]»a;;ne,  ne  ponvait  se  prefer,  sans  porter  atteinte  an 
jnineipe  dc  la  nentralite,  a  cc  «jiic  ses  vaisseanx  dc  guerre  relormcs  con- 
conrnsscnt  a  aecroitre  lcs  lorces  navalcs  dn  Mexiqne. 

"Ce  nc  lilt  (pie  le  L'(!  d(''ecnil)rc  ISLMi  (pie  la  (Irandc-lircta^nc  si.nna,  a 
Ijondres,  nn  traiti'  public  avc(!  lcs  ('tats  mcxieains;  dans  ranin'c 
ISL'7,  *la  I'lance,  lcs  Pays  I>;is,  Ic  Hano\  I'c,  le  ])aneinark  snivi-  [1M.'!J 
I'cnt  cet  c\enii)le,  en  siyiiant,  avee  It'  jnoiivernemcnt  mcxieain,des 
traiti'S  dc  coniincrcc  ct  de  navi;^at  ion  ;  le  US  (hjccmbrc  ]S;>(>,  enlin,  I'Ks- 
paj;ne.  compicnant  riiiiitilit('' de  eontiiiiier  la  Inttc  c(Uitrc  des  colonics 
(pii  s'etaieiit  scpar(''cs  d'clle  sans  retoiii-,  (;oncliit  avec  le  Mexi(pic  nn 
traiti'  (le  i)aix  ct  (rami(i(''. 

"  I'^n  a^i.-sant  ..utreincnt  cjirellc  le  lit,  c'est  a  dire  on  i)crslstant  a 
rcponsser  lcs  i-elamations  du  c!iai\i;(''  d"allaii('s  (ri-Npa^jnc,  la  Siiedc, 
nous  !e  r('jK''tons,  aniiiit  mampK' anx  devoirs  ct  :uix  obligations  d(^  l;i 
nentralite''.  C'eiit  ('te  se  pivter  a  lavoriscr  run  des  dcn\  belli;:i('raiits 
(ct,  dans  le  cas  aetnel  en  ISLT),  ]r  belli;;(''i'aiit  lavori-^e  ('-tait  nn  [n'liplc 
«l(mt  la  condition  politi(pie  ('tail  encore  iiidetcrmim'c),  qnc  dc  ne  pas 
])rcndi('  lcs  mesures  iieecssaires  jxnir  (pic  lcs  batiincnts  dc  fjutMiv 
riJibniK's,  \-endus  avee  nn  deini-armeiiient,  n'allass»-tit  jtas  acen»itn'  lcs 
forces  navalcs  (rune  colonic  dc  I'l-'spa^iie,  insur'^iV  coutre  rmitoriu*  du 
roi  catlioli(pic.'' 

It  may  possibly  be  asserted  tliat  tlic  const ructi«Ti,  or  the  fittinjj  .»:  . 
or  the  aiininii',  or  (lie  e(piii)mcnt  by  neutrals  of  vcssi'U  < 
war  intended   lor  tlie  scrsiee  ol'  a   i)clliy'crent  were.  l«<»iore 
the  Treaty  (►!'  Wasliinjiton,  to  be  rc;:ardcd  as  standite^ 
upon  tlic  same  ro(»tin;i' with  the  (Icaliiijis  in  articles  *oi(liiiai!.\     fl:»lj 
esteemed  contraband  ol  war.    Should  this  be  the  case,  the  In  itcil 


OtrflldlMR       VHH'cU 

not    Mmiily    c«'tiir:i- 
buiiii  ill  v.ar. 


DUTIES    OF   A   NEUTRAL. 


81 


Shitf's  ipipfl't  confoiit  tbenisolvcs  with  a  roforonoo  to  tlio  lii.-.tory  of  tln' 
](';:is!atioii  of  the  two  couHtiii's,  as  a  comjdcti^  answer  to  siicli  an  asser- 
tion. ^\  liile  tlie  subjects  or  eitizeiis  oleiliier  coiintr.v  liave  been  lett  by 
liiw  iVee  to  inanuliicture  or  sell  muskets  or  j;iinpow<ler,  or  to  export 
lliem  at  jheirowii  risk,  even  it  known  to  be  lor  the  use  of  a  bi!lij;-erent. 
tlie  le;;islatnres,  th<i  executives,  and  the  judiciaries  of  both  (Jrcat  l5rit;Mii 
and  tlie  I'niteil  Stntes  have  Joined  the  civili/ed  world  in  saying'  that  a 
vessel  of  wai",  intenih'd  for  the  use  of  a  belli;^'erent,  is  not  an  aitide  in 
which  the  individual  sultject  or  citizen  of  a  neutral  8tate  nia.V  deal,  snl)- 
ject  to  the  liability  to  capture  as  contraband  b\  the  other  belli.u-erent. 
Such  a  vessel  has  been  an<l  is  regarth'd  as  orf^anized  war — more  clearly 
orfianized  Mar  than  was  that  unarmed  expedition  which  left 
[P.).")J  i'ly  mouth  in  ISl'S  for  I'ortujial,'  and  was  arrested  *  by  the  IJritish 
navy  at  the  san)e  Terceira.  to  which  the  Alabama  lied  to  icceive 
the  anas  and  ammunition  that  she  failctl  to  take  on  board  at  Liverpool, 
either  because  the  purposes  of  the  Foreijun  Olhce  were-  SMrrei)titiously 
revealed,  or  because  the  insuru'cnt  ainents  had  '-eason  to  believe  that 
they  <'ould  evade  the  law  by  the  construction  of  the  vessel  o!i  one  sitle 
eft  he  river  .Alersey,  the  collection  of  tht!  ai-manicnt  on  the  other  side  of 
it,  and  the  puttinj*'  them  .o^icther  more  than  three  luiles  out  at  sea. 

It  is  not,  how«'ver,  necessary  for  tlu>  TiMted  States  to  rely  in  this 
i('s])e(t  upon  the  action  ot  the  sevt-ral  blanches  of  tlu' (!overnments  ot 
the  two  countries.  The  (pu'stion  has  been  considered  by  several  of  the 
Iciidin.!;  publicists  of  the  (JontinJ'ut.  Ortolan,  in  his  '•  Diijloiialie  de  la 
iiier.'"-  says,  in  additioji  to  what  has  already  been  cited: 

"A  pait  toutei)rohibition  faitel(''.iiislativem«'nt  par  telle  outelli'  nation, 
il  faiit,  en  droit  international,  consith'-rei'  conune  des  actes 
(leci(;eMient  contraires  a  la  neutralite,  ri'-ipiipenH'Ut,  et  rarnie- 
iiieiit  et,  a  ])lus  forte  raison,  la  constractioii  dans  les  ports  neutr<'s  <le 
lifiliinenlsde  f^uerrcappartenant  aux  belli,;.!:eiants,  (uidestiiK-s,  parconceit 
ostensible  on  d'^^f^'inule  avec  les  bcUi^c'-rants  par  a  etre  ren-.isen  lenr 
[l!t(ij  i)ouv<»ir.  Nous  croyons  fernu'ment  *(|u"il  est  impossible  d'assiiniler 
de  i>areils  actes  a  la  contrebande  de  j-uerre  piopreiiieiil  dite  ct 
quo  I'oblifiation  pour  un  etat  neutre  <le  s'ctpposer  a  ce  qn'iis  aient  lieu 
siir  son  territoire  est  indc'pendante  de  route  loi  intc'-rieure  ou  partieulierc 
!i  cet  t'tat  ;  «pm  la  loi  inteiienre  pent  et  doit  sanctionnir  cette  olili^ation, 
iiiiiis  (ju"elle  ne  saui'ait  ni  la  creel-  ni  la  (h'tniire,  parceque  c'(  st  uiie  obli- 
;:;ition  (pii  result)'  uniquement  de  la  loi  intern;:!  ionale,  hujuelle  (h'Meud 
(ruscr.  dans  un  but  hostile,  du  teriitoire  neuti'c.'" 

llcri'ter.    ihe  «lisliii^uished  (ieinian  imblieist,  says  to  the- 
siinie  etlect : 


M  iiiionitl'Orlol  111, 


Aml.,IIIrir.T. 


"("est  un  devoir  f^eni'-ral  i^our  les  iieiiides  restf^'s  s]>ectateur<  trail- 
(|iiill('s  lie  la  Inlte,  de  n'y  prendre  amiine  jiait  active,  id  de  ])aiticipev 
'iirecleiiiciit   aux  actes  ile  la   uueric.      I.es  ijouverneim-nls,  le 


-nje 


IS 


(traa/^irs  qui   Iburnissent  ii  Tun  des  belli<;orants  des  secours  directs 


i'lniiii;  I  111' contest  ill  rmtiiu'al  ln-twciii  Hdi  Miuiicl  iiml  l>iiiiii:i  Maiiu  II,  an  niiiirmcii 
■  xprililiiMi  ol'  tl!('  adlii'itiils  of  Donna  Maria  itll  I'oii.-moiilii.  ostciisililv  lor  jJra/.ii.  1>IU 
!i. illy  foi'  tlic  Azores.  Tin-  I!iili,-li  (iovciniiicnl  of  tliat  day  iniiMicil  it  lo 'I'l'ivi'iru, 
ncd  into  it  and  l>roI<i'  it  uj* ;  and  liny  wni'  susiaimd  in  tiic  Il"ii.>»>  «t'  I. mils  liy  a  votr 
"t  IJ.i  to  :{|,  ajid  in  the  Ilonsc  of  ("oinnions  liy  a  vote  nf  I'.d  toTS,  ( liaiianl  lor  !>-:?'•, 
^•■L  XXUl.  Sfc  also  Annual  Ucj^istcr  foi'  ]"'■.".>,  and  I'liillinutn's  liiii'inatioiial  Law. 
\"\.  !,  i»a^c  v;jl>,  tl  XIII.)  The  t'lihiiiial  of  Ai  Idl  lalion  wiil  not  fail  to  oii.ii'ivc  liow  dil- 
I'liiillv'  till-  I  towels  and  duties  cf  the  tiovernnient  wctc  cons;  rued  liy  I  lie  I!riii>li  t  iov- 
':iiiiieid  wiieii  it  was  a  (nuslioii  of  I  lie  dif^inte^ratitm  and  disiiiption  of  the  e«ijiineivt) 
iil'tlii-  I'niifd  Slates. 

•l»i|)lon.ati.'  de  la  Tiier,  Ortolan,  tome  "i,  j)ajit*  211. 

=  ll(lVt»'r,  hi-iiit  hilrriKilUnutl,  (French  tratiislatiou  by  Jules  Ber|jf90H,raiw,)  pa^eOlHl. 

S.  Ex.  31 0 


'"' 


82 


DUTIES   OF   A   NEUTRAL. 


cominottont  iino  violation  <lu  di'voir  dc  la  lUMitralitt',  nn  ante  (I'iuiinixion 
dans  Ics  Iiostiiiirs  aiuiiicl  I'ad  versa  ire  «'st  ru  droit  de  N'oppostT  par  tons 
h's  iiioyciis.  JJaiis  la  pratiquL'  on  rt';;ar<le  coiiiino  do  tels  actes  d'lio.s- 
tilite: 

"  1",  lo  tians[Mnt  volontaire  dcs  soldats,  inatclots  ot  autres  hoinnics 
d(^  ^jfiicrrc; 

'•-•',  la  constnn'tion  dans  Ics  jiorts  iicntrcs  dc  vaisscanx  dc  }jn(!rre  on 
dc  coninn'rcc  ponr  Ic  conipti'  dc  rciiiicnii  dcs  Iciir  sortie; 

•".1",  le  transport  vohnitaire  «U'  de[n''elies  de  I'lin  des  l)elli};e-  [li)7J 
rants. 

"  Ces  diveises  eontvaventions,  lors(|n'elIes  sont  rc'-jU'idierenient  con- 
state<'s,  enlrainent  la  saisie  et  la  eontiscation  dii  navire  employe  an 
transport.  Lii  (M)nlis('alion  s'lHcnd  ('pdenjent  a  la  ear;;aison,  si  il  est 
»''lal>li  (pn'  les  jnoprietaires  avaient  e()nnaissanc«'  dii  l»nt  illicite  dn  voy- 
a^^e.  Tontel'ois  «'ett(!  p<'naiit»''  n'est  pas  tonjonrs  <'Xfcntee  a  leni' eyai'd 
avee  la  nieinc^  si'-vt'-rite.  JOn  r«'-alite  elle  constitnte  nn  acte  <1<'  legitime 
«letense  anipu'l  le  lu-ntre  (jni  se  n-nd  <'oinpli<'e  de  ran  des  bellij^erants 
ne.  sanrait  <''»'ha]»per  du  eote  de  rad\t'rsair«'. 

''  Mil  ilehors  dcs  eas  (pii  vicnneni  d'ctn*  ('nnnn-i'cs,  il  cxistc  encore  nn 
certain  nonibrc  d'ohjt'ts  dcnd  le  «'oinnicrce  est  r»'jfar«l<'',  d'nne  nianient 
l»lns  on  moins  lii'ncralc  ilans  la  pratiipn'  des  ctats,  coninie  [n'oliiltc.  il 
constitnte  la  contrabandc  dc  ;incirc  propit-incnt  tUtc,*' 

Witliont  wcaryin'i'  tin'  patience  ot  the  TrilKui;;!   in  tlic  Cnrtlicr  dis- 

,., ,,,„.s„„„.  enssion  of  this  (pu'stion,  it  will  lie  assntnc<l  that  a  vessel  of 

mm Triunini.  y^y.^y  j^  , „ , |^   j,j  i„.  -, ■, , ] | j , , ^ n d cil   with  (Mdinary  contraband  i.f 

war.  Indeed,  lluMtnly  respectable  antiiority  which  lias  bei'n  cili'd  even 
apparently  lo  tlie  c(niti:iry,  is  an  obscivation  which  Mr.  -Instice  .Story 
thrust  into  the  opinicni  of  the  Snpicnic  Court  (tf  the  Tnilcd  Slates, 
npmi  liic  case«)f  the  Santisinta  Trinidad.'  *lf  that  einiiicnt  jurist  1 1!)S{ 
had  said  thai  a  ncsscI  of  war  was  to  i»c  regarded  in  |nil»lic  law  as 
an  artich' which  nii^hl  be  Ic.Liitiiiiatcly  construct*-!!,  lilted  out.  armed, 
e<piippcd,  or  dealt  in  by  a  person  in  the  territory  of  a  neutral,  with  the 
i!;;ciit  iiiat  il  should  i-nlcr  the  service  of  a  bclli;^ci'ciit,  snbjcct  only  to 
a  liability  to  captnre  as  contialKtnd  of  war  by  the  other  lielli^^crciit, 
the  I'liitcd  Stales  wonlil  lia\c  bc«'n  for«'ed,  with  <;i'eat  ic^ret,  to  ask 
this  tiibiinal  to  disi<-^ard  an  opiiutn  m  at  vaiiance  with  common  sense, 
ami  wilh  !ln'  whole  cnrreid  of  the  actions  ot  nations.  Happily  they 
are  nndei'  no  necessiiy  of  casting  an  imputation  cm  the  nicnioiy  of  one 
of  I  hell  bii.^lilcst   jndicial  oi  tiaiiicnts. 

Onriiij;' the  last  war  between  the  liiiti'd  States  and  (Ireat  Ibilain  ii 
l)ri\atecr.  called  the  Moiiniinilli.  w.;n  cunslrncled  at  Ualtimorc,  ami 
cniixd  auaiiisl  the  enemy.  Alter  the  peacf  sin-  was  stripped  (.f  lici 
armaiiu'iit.  and  converted  into  a  bri^.  She  was  snbs»^pn'iitly  load(  <l 
with  III  II  nil  ions  of  war. :  ;  nieil  w  itii  a  pm-tion  of  her  ori'iiiial  anna  men  t, 
mid  sell!  to  Ibieiios  Ayres,  (which  wa--  then  a  revolted  <  oloiiy  of  Spain 
recoi;iii/,e«l  as  a  bclli/^crent,  Imt  not  re<M»j;:!ii/,ed  as  an  iinle|iendent  jiov- 
ernmeiil,)  to  liml  a  maikct  lor  her  mnnitions  of  war.  The  siipercar^d 
was  a!>o  aiil  hoi  i/,ed  "  to  sell  the  vessel  to  I  he  ( lovernmeiil  <»l  I'.nenos 
Ayres  i/  lie  could  obtain  a  snituhlc  i»  irr."  Tie  did  sell  her,  nnd  nIu> 
•went  iiit'  the  service  (»f  that  (  m»\ii  nmenl  as  a  man  of  war.  She  [lODj 
snbvoipicnily  pnt  intoa  port  of  the  I'ltited  Slates,  and  w  hile  thern 
I'lilisicd  thirty  new  nu'ii,  and  look  with  lu'r,  when  she  pnt  to  sea,  tbo 
newly  ("idisted  inen,  ami  a  tender,  which  carried  some  moniitc«l  inniis 
antl  iwcnl.N  li\o  men.    Alter  this  addition  to  her  elloctive  power  for  in 


li'tii 


L'(»L' 


'  7  Whuttton's  RL>iM>rtK,  luiyo  *i83. 


DUTIKS   OP   A   NEUTRAL. 


83 


inmxion 
[lar  tons 

'S  (l'lU)S- 

lioinmcs 
iierrc  on 


c- 


[107J 


}\\t  con- 
)I()y«'!  Jill 

si  il  est 
'  <lii  voy- 
ur  r;i;il(l 

lr;;itiliH' 
li^i'niiit.s 

iicoro  nil 

iiiiiiiit-n^ 

ihibc'.     il 

tlicr  ilis- 

VCSSf'l  of 

'iil):iiul  of 
iti'd  rviMi 
ice,  fStory 

■ist,    |1«)S1 
as 

t.  aniu'tl, 

with  tliit 

i  only  (0 

lii,!4i'n'nt, 

t,  to  iisU 

on  sens*', 

ipily  tl'^'V 

ly  ol'  one 

r>i'i(:iiil  il 

lore,   iiinl 

v{\  f,r  Imt 

iy  lo:nl(  (I 

riiiiiiiicnt. 

ol   Sjiaiii 

leal  iXO\- 

apcrcaifio 

A  I'.ucaos 

slu> 

^il(^  [l!»i>J 
I'll- 

o  w>a,  tlio 
iitcd  niias 
\\vi'  lor  ia- 


jnry.  nssistod  by  tlio  tender,  slio  cajitnivd  tlio  Spanisli  vossol  Santisinia 
Trinidad,  and  ranicd  Imt  caiuo  into  ,\oi folk,  one  of  tlu'  ports  «»f  tli« 
Initcil  Statrs.  On  tin;  insti;;alion  of  tin'  Spanish  anthoritirs.  itiocci'd- 
iiii4;s  wfii'  talicn  foi-  tlic  rcsiiiniioii  of  tliis  property,  on  the  j,Moniid.  lirst, 
that  tlic  ItHh'peiidrncia  had  been  oii;;iiially  iUeually  fitt»'d  <»iit,  armed, 
or  efpiippeil  in  the  I'liiled  States;  secfuidiy,  tliat  she  liad,  after  enterin^jf 
tilt'  service  of  I'.aenos  Ayr<*s, illej;a]ly  reeiiiited  niei'  and  aiijjmented  her 
tiirt-e  wiiliin  the  United  States.  The  court  deciced  a  lesiitnt-ion  ot  tlie 
liropertyoJi  the  second  {ii-oiind.  Any  veinarlis,  therefore,  upon  the  first 
|Hiiiit  were  outside  of  the  re(piirementsof  liie  case,  and.  ninh-r  the  Aineri- 
cau  practice,  wonhl  b<'  ie;:arded  as  witiiont  autlioiity;  but  inasmucli  as 
tliiv  were  made  by  one  of  the  most  eminent  writers  on  jaiblie  hiw,  tliey 
(l('M-rvetheconsi(h'iation  wliich  they  iiave  icceive*!.   Tal<iii;jthem  in  c<ui- 

iiection  with  the  facts  as  shown  in  evidence,  it  isch-ar  tiiat  llie  «lis- 
fi'»H»]    tiiiLjuished  jndjie  intemied  to  e()n*tii!e.  Iiis  statement  to  tlie  case 

of  a  \esscl  of  ware(piipped  and  dispatched  as  ii  commcrci;d  ven- 
ture, witlaail  previous  arrangement  or  uuderstandiii.u'  with  tlu'  bcjiij;- 
creiit,  and  at  the  soh*  risk  of  tlie  owner.  "It  is  apparent,"  lie  says, 
"that  she  was  sent  to  llni'iios  Ayres  on  a  comnn'icial  venture."  'Ihcs 
whnh'  of  his  snbs«'(|iu'nt  remarks  turned  upon  tiie  a!)seiice  of  an  intent, 
in  I'.altiiaore,  in  tlie  mind  of  the  owner,  before  she  sailed,  that  she 
shoald.  in  any  and  at  all  events,  whether  sold  or  not,  jjo  into  the  service 
of  the  bclli;,M'rent. 

The  judires  who  were  bron;4ht  in  contact  with  the  witnesses  in  that 
ease,  and  liad  access  to  all  the  ori^^inal  papers,  and  knew  pcrsonnlly 
both  the  men  and  the  tacts,  and  who,  therefore,  had  opportunities  which 
an'  denied  to  us  (d' Ji'.d,iiiii,i;'  of  tlu^  merits 'of  the  case,  seem  t(>  liav<» 
reached  the  <-onclnsion  that  this  i>articular  tiansnction  was  a  purely 
ctaniia  rri;d  veiituit' :  and  they  phu*ed  the  ih-cree  of  restitution  ol  ih«i 
captured  propeity  upon  later  violations  of  law.  It  may.  ho»v,'vi'r.  be 
saitl  tlial  the  ordinary  experiences  of  human  life  show  tiiat  su' h  dced;^ 
b'udeiiijiMn  the  debiitable  ^inaind  between  j^ood  lailh  a»;d  I'laud.  'I'Ik^ 
court  wliielMh-eided  that  case  evidently  did  soon  tli<*  i:apressions  wliich 
tlie  iud.Lres  received  from  the  particular  evidence  before  them-, 
[IMIIJ  fur.  on  tlii'  very  iM'Xt  *day,  the  most  illnsti'ions  of  r..,.t-.';  :  iv  n,. 
American  judges.  John  r.Iarsiiall,  then  ('hief  .Instice  •w- >!•-«•■  «'i'«" 
of  the  I'iiited  States-,  in  the  parallel  case  of  the  Irresistilde.  a  vessel  iaiilt 
at. Ililtiaiore.  .sent  t(»  Ibieiios  Ayr«'s,  and  tlien^  <'(anmissioncd  ;i^  a  pri- 
vateer, pionouncinv:  the  opinion  of  liie  same  <i)iirl.  deelarcd  that  the 
facts  ;is  to  the  li resist ibie  showed  a  \iolation  of  the  luws  of  the  I'liited 
Stales  ill  ilie  oii;^iiml  construction,  ((piipnicnt.  and  .•trminir  ot  the  v«'S- 
sel :  and  that,  should  the  coi:rt  decide  (ttlierwise,  the  jmrs  fnf  (hi  jtrinrr- 
nitiiin  <;/■  //(,•  itnitrdiitji  i>f  flic  roKiitri/  iniiild  he  voiufdiivhi  thuifil.^  In 
justice  to  the  highest  c<turt  of  theCniteil  States,  these  two  casesshould 
he  ri-ad  toL:»-tln-r  by  all  jiersons  wishiiii;  to  know  its  views  upmi  the  du- 
ties of  a  neutral  nation  in  time  <»f  war,  sinei^  if  there  be  any  dilVer«'nee 
in  the  piineiples  involved  in  the  two  cases,  then  the  true  construction 
ol  th«'  law  is  to  be  tuund  in  the  carefully  considered  lan^nia;.;e  ol  thi^ 
<ouit  iiM he  case  of  the  (Iran  Para.  Tin*  «'a.ses  were  both  ar;xiie<l  in 
IVbiiiai.x.  I.SL'L':  the  (iraii  I'ara  iiixm  the  LMith,  and  the  Santisima 
TiMiidad  on  the-jsth.  The  opinions  were  deliv«'red  in  March:  that  of 
the  Santisima  Trinidad  on  the  iL'th;  that  of  the  (iraii  I'ara  on  the  l.Jth. 
There  can  be  no  doubt  that  they  wereeonsideied  to^icthcr  in  the 
[L'OL'I    eonsultation-room.     Therefore  any  ai)parently  broad  or  ill  "con- 

'  Tbo  Gran  Paiu,  7  WLeutou's  KcportH,  471. 


w^ 


84 


DUTIES   OF  A  NEUTRAL. 


Fff»*rt   nf  n    rnnv 


I'-ihU-r  as  II  v«-t  • 


sidcrcd  expressions  in  the  o|)iniioji  reiidiTed  on  tliel2(h  of 
.Mai'cii  iir(;  (o  lie  lej^jiided  jis  liniit«'d  and  e«)rre('ted  by  the 
eiirel'idl.v  considered  e-\[>ressions  of  the  Chief  .Justice  on  the 
tblh)\viiiy  day. 

I  la  vinu' fhiis  demonstrated  that  tlie  i>rineiph'S  for  which  the  United 
Stah's  <'onten«l  have  h«'en  reco;;nized  by  tlie  statesmen,  Ihe  Jurists,  llie 
imidicisis.  and  the  lej^ishitors  of  (ireat  IJritain  ;  that  they  hav(^  the  ap- 
probation of  the  most  eminentaulliorities  upon  tlie  continent  of  l'iUro))c; 
and  tiiat  they  iiave  been  re;;ar<l('d  by  t lie  other  Powers  of  ICurope  iu 
iheir  dealin.i"'  with  each  other,  it  only  remains  to  siiow  how  tlie  liability 
of  th  jientral  for  the  acts  of  cruisers  illegally  built,  or  *Miuipped,or  titled 
out,  or  armed  within  its  ports,  may  be  terminated. 

It  has  lieen  intimatt'd,  in  thi'  course  of  tlur  <liscussions  upon  these 
questions  betw«'en  the  two  (lovernments,  that  it  may  lie  said,  on  the 
])art  of  (Ireat  Ibitain,  that  its  power  to  interfere  with,  to  arrest,  or  to 
detain  either  of  th(^  belii}j;erent  cruisers  whose  acts  are  complained  of 
ceased  when  it  was  c(unmissioned  as  a  man-of-war;  and  that,  conse- 
(jueiitly,  its  liability  Ibr  their  actions  ceased. 

The  I'liited  Slates  mi^iit  w«'ll  content  themselves  with  calling:  the 
jjttention  of  the  Trilumal  of  Arbitration  t«)  tli«'  utter  nselessness 
discussiujL''  tlH'se  (piestions,  ii'  the  liability  to  make  com''|»cnsation  [2()o] 
for  the  wronji'  can  be  escaped  in  such  a  frivolous  way.  If  is  well 
Known  how  the  s«'veral  Ibitish-built  and  Jbitish-iiiaiiiied  cruisers  j;'ot 
into  the  service  of  the  insiUjL'euts.  Few  of  t  hem  cNcr  sawtlu^  line  of  the 
(•oastof  the  ►Southern  insurjUiMit  States.  The  J"'loi  Ida,  indeed,  entere«l 
thehaiborof  Mobile,  but  she  passed  the  blocka(lin;4  si|uadron  as  a 
IJritish  man-of-war.  In  nuist  <'ases  the  commissions  went  out  from 
I'^iifiland — fr«»m  a  branch  ollice  of  tln^  insnr;;'ent  Navy  Department, 
esiablished  and  maintained  in  Liverpool  at  the  cost  and  exiicnsi^  of  the 
insurjircnt  (so-called)  (lovernment.  From  this  ollice  the  sailiii.i;'  orders  of 
the  vessels  were  issued;  here  their  (nnnmanders  received  their  insti'iu!- 
tioiis;  and  lieiu'*'  they  departed  to  assume  their  <'oiiiiiiainls  and  to  be^iiii 
the  work  of  di'sti-uclion.  They  jilayed  the  <'oiiiedy  of  i-ompietinjn'  on  the 
hiyli  seas  what  had  been  carried  to  the  ViMj^e  of  com]iletioii  in  lOnuland. 
Tiu'  parallel  is  complete  between  these  commissions  and  those  issued 
by  (lenet  in  17J)."»,  which  were  disrej>arded  by  the  United  States  at  the 
instance  of  (ireat  iJritain.  If  a  piece  of  jiajicr,  emanating-  thron,i;h  an 
JCn^^lish  ollice,  Irom  men  who  had  no  nationality  r<'(M)^iii/i'd  by  *  Ireat 
liritain,  and  w  ho  ha<l  no  open  poit  into  which  a  vessel  could  ^u  nnino- 
leste«l,  was  |)otent  not  only  to  le,uali/,e  the  depredations  of  lUilish 
built  and  manned  cruisers  *iipou  the  commerce  of  the  I  nitcd  f-CI] 
States,  luit  also  to  release  tlu^  responsibility  of  (Ireat  Ibitaiii  there- 
for, then  this  arbitration  is  indeetl  a  farce.  Such,  how('\cr,  cannot  be 
the  case. 

Sir  liouiidell  Palmer,  the  Attorney  General  of  Lord  Palmerston's 
Cabinet,  as  well  as  oftlie  jiresent  (loxernment,  well  .s.iid,  in 
the  House  of  Commons,  in  l.S(;4,\vhen  defendin/.';  ;!ie  course 
of  (Ireat  liritain  as  to  the  Tuscaloosa,  a  temh'r  of  tlu^  Al;;l,ama,  "  Can 
it  b(^  said  that  a  neutral  Sovciiiun  has  not  the  riti'ht  to  make  orders  lor 
the  iireservation  of  his  own  ncutraliiy,  or  that  any  forei^!;ii  Power  what- 
ever violatiiij;' these  onlers,  ])rovided  it  be  done  willfully  or  fraudulently, 
is  iirotected  to  any  I'xtent,  by  International  Law,  within  tlu;  neutral 
territory,  or  has  the  rij^iit  to  complain,  on  the  j;ror.nd  of  Liternational 
Law,  of  any  means  which  tlii>  neutral  Sovereij,Mi  may  see  lit  to  adopt 
ior  tlie  assertion  of  his  tenitoiial  rights f    *    *    "It  is  a  mere  qiies- 


Opinion  of   Sir 

luunJ.-II  rainier. 


DUTIES    OF   A   NEUTRAL. 


85 


tionof  priirticiil  discrotion,  jnd^^fuxMit.  ;ui(l  inodoriitiou  \vliiit  is  flu*  proner 
wiiv  of  viiHli('iitiii.y:  the  oircmlcd  diyiiily  oi'tlic  iiciitiid  Sovereign, 


V  I 


(.1      I'llicf 


Jii-lH'L-  >l:»rbli;il'. 


TIic  riiit<'<l  Stiitrs  do  not  <l»'iiy  llic  Icicc  ot"  tlic  commission  of  a  mini- 
ofwjir  issiiin^i'  IVom  a  rccouni/.cd  Power.     On  tlu'  contiavy, 

tlicy  point  with  a  ]»i,i(lonai»l('  j'tidc  1o  tin*  cxliaiistivo 
['20')]    lani'.iia.iic  of  ^Cliicf  .Inst ice  .Maisliall  on  tliis  snltjcct-  as  ovidcinr 

(»f  wliar  llicy  nnilcrstand  to  lie  the  jnact ice  of  nations.  Noi- do 
tlicy  deny  tliat  since  (Jicat  Uiitain  had.  hnwcvci-  precipitately  and  nn- 
jiistly,  re<'o;;iii/e<l  the  existence  of  a  civil  war  lietwcen  the  I'nited  States 
and  tiie  insni'iicnts,  and  avowed  a  ih'termination  to  remain  nenfial  he- 
tweeii  the  parties,  she  niij^lit,  witlnmt  a  violation  of  the  hnv  of  nations, 
coinmit  the  Initlier  injustice  of  allouiau' to  sncii  vessels  of  war  (tt"  the 
iiisni;;('nts  as  had  not  heen  hnilt,  armed,  e(|nip|ied,  fnrnished.  fitted  unt, 
supplied,  or  manned  within  her  territory,  in  violation  of  her  dnty  to  the 
United  States,  the  same  ri.ulits  of  asyinm,  hospitality,  and  interconrse, 


iliich   she  c(aiceded  to  the  vessels  of  wai'  of  the  Tnited  State 


Thev 


do,  however,  most  contidenlly  d(>ny  that  the  receipt  of  a  commission  l>y 
a  vessel  lilvc  the  Alaliama,  or  the  l-'lorida.  «m-  the  (Icorjuia.  or  t!ie  Shen- 
andoah, exempted  (Ireat  Ilritain  from  the  liability  jLirowin;:^- ont  of  the 
violation  of  liei-  nentrality.  To  this  ]Kiint  they  are  foftnnately  able  o 
cite  two  from  the  nniny  jieitinent  (^u;es  adjndicatcd  in  the  Snprenu'Cnnrr 
of  the  United  States,  which  show  dir<'(tly  what  the  pnhlic  law  in  this 
respect  is  nmh'rstood  to  he,  not  oidy  by  tlie  United  States,  but  also  by 


[L'l).5] 


Spain  ami  by  Portn.ual. 

*'rhe  first  is  the  case  of  the  SantisimiuTriindad,''  the  facts  «)f 


which   have   already  been  ;;iven.     The  property  for 


i?. 


h  ■ei«iinn      i{       t!i>' 
SiipfeitieCniirt  ■iltll*' 

I'l  it'd  St. It.-,     ,U    till' 

r.iw*  of  tin*  .*»  intini- 


fir.iii  Pur:. 


which   restitution  was   claimed   in  this  case  was  Spanish. 

The  libel  was  tiled  by  the  Spanish  Consnl  at  Norfolk  on  bv'- 

lialf  of  t!ie  owners.     The  captni'c  was  sli()wn  to  have  Im'cii 

made  alter  a   commission   (o   the  vess«'I,  eypicssly  reco^Mii/ed  by  the 

(•(init  rendcrinj;"  the  decision.     ^Nevertheless,  restitntion  was  (lecreed  on 

the  jiionml  ol*  an  illegal  increaso  of  armament  in  the  lu'iitral  territory 

d/tn'  the  <(nii mission. 

The  second  case  is  that  of  ihe  (Iran  I'ara,'  also  already  albidcd  to. 
The  libel  was  tiled  by  the  Consul  (leneral  of  l'ortuj;al.  Tin-  oitinion  ot 
the  court  was  j;iven  by  Chiel"  .Instice  Marshall.  The  facts  are  set  forth 
so  clearly  in  the  opiidon  thai  no  other  stateiiu'iit  is  necessary.  Ti.-e 
Uliief  .Justice,  in  announcinin'  the  jtnl^inent  of  the  court,  said: 

"The  i»rinciple  is  im>w  liinily  settled  that  jjrizes  nnideby  \essels  which 
Iiiive  vit)latcd  the  acts  of  ('onj;ress  that  hav(^  been  enacted  for  the  |.!('S- 
trvation  of  the  neutrality  of  the  I'tiited  States,  if  br(aijiht  within  their 
tcrrittay,  shall  be  icstori'd.  The  only  question,  therefore,  is,  Does  this 
case  conu'  within  the  priiH*ii)le 


u 


That  the  Irresistible  was  i>urcliased,  ami  that  she  sailed  out 
[HOT]  of  the  port  of  Jialtimore,  aimed  ^and  mainu'd  as  a  vessel  ()f  war, 
for  the  i)urpose  of  bein;;  employed  as  a  cruiser  ajjainst  a  nation 
with  w  hom  the  United  States  were  at  peace,  is  too  clear  for  ccuitrovevsy. 
That  the  arms  ami  amnninition  were  cleared  out  as  carj^j)  cainiot  \  ary 
the  case.  Zs'or  is  it  thoujih.t  to  be  material  that  the  nien  were  enlisted 
ill  form  as  ibr  a  common  mercantile  voyajiic.  There  is  uothin;;  resem- 
hlin^' a commercia)  adventure  in  any  ]>art  of  the  transaction.  The  ves- 
scl  was  constructed  for  war  and  not  for  commerce.  There  was  no  car^io 
oil  board  but  what  was  adapted  to  the  purposes  t»f  war.     The  crew  was 

'  llaiisanl,  M  si-rics,  vol.  17-t,  pii-;!'  l.")'.*."). 

=  Tlu'  Scliooiicr  ExtrhiUigL'  jiHiuast  McEiulilen  if  ah,  7  rranrh's  Kcporttf,  110, 


"7  Wbeatou,  'M:i. 


*7  Wlitaton,  171. 


86 


DUTIES   OF   A  NEUTRAL. 


i 


f 


il 


t<K»  mniuM'ouH  for  a  iiHMcOiiintmnii,  niMl  Wii.s  siinici<'iit  for  a  privnti'or. 
Tlii'scM'ircuinstaiici's  tIcinoii.Ntiiitt'  tli<'  iiilcnt  willi  wliicU  tlic  liicsistiUh' 
Kaih'il  out  of  tii(^  port  of  Jialtiiiiorc.  Hut  she  was  not  (;oiiiiiiissioii<Ml  as  a 
|)nviil<>(>i-,  nor  <li<l  sIm^  attt'iiipl  to  ai't  as  our  until  slu^  rfaclird  tlic  rivcr 
La  i'lata.  wlicn  a  coniniissiiui  was  olMaincil.  and  tint  crew  re cniisttMl. 
This  court  lias  never  dccidi'd  tiiat  the  otfcnsc  adiu'rrs  to  t In- vcsst-!, 
wiia(('\ri' clianycs  may  liave  taken  phu'e,  anil  cannot  l)e  deposited  at  tUcr 
tenainalioii  of  llie  eiuise  in  pieparin^'  for  wliieli  it  was  coiiiiiiitted  ;  and 
as  the  Irresistible  made  no  pii/e  on  her  passage  from  lialtimore  to  the. 
river  of  La  Plata,  il  is  contended  that  her  otfeiise  was  deposited  there, 
and  that  the  court  ciiiiioL  connect  her  subseipient  cruise  with  the  trans- 
actions at  iSaltimore. 

*••  If  this  were  to  be  admitted  in  such  a  case  as  tliis,  the  laws  fL'OS] 
fortlie  preseivatioii  of  oiii' neutrality  would  be  (M)mpletely  eluded, 
so  far  as  this  enforcement  <Iep(>nds  on  the  restitution  of  prizes  made  in 
violation  of  them.  Vessels  com|i!etely  titled  in  our  ports  tor  military 
operations  need  only  sail  to  a  belli^ereiii  poi't,  and  there,  att<>r  olttain- 
iii^' a  commission,  j^o  throu};h  the  cer<'ii!oiiy  of  discharjiiu'^'  and  re-en- 
listing;'  tiieir  cri^v,  to  become  iierfeclly  le;;itimate  ci-iiisers,  purified  from 
every  taint  contracted  at  tlu^  i)laee  where  all  their  real  force  and  capacity 
for  annoyance  was  acquired.  This  would,  indeed,  be  a  fraudulent  neu- 
trality, dis<;'rac«'ful  to  our  own  (iovernment,  and  of  which  no  nation 
would  be  the  dupe.  It  is  impossible  for  a  moment  to  ilis^iuise  the  facts 
that  the  arms  and  ammunition  taken  on  board  th(^  lrresislil)le  at  Balti- 
more were  taken  for  the  purpose  of  beiii,^"  used  on  a  cruise,  and  I  hat  t  ho 
jm-n  there  enlisted,  thofi^^h  enjiiificd  in  form  as  for  a  <'omim'i'cial  soyaye, 
were  not  so  en^aj;i'd  in  tact.  Tliere  was  no  commercial  \()y;i'in(',  and  no 
iiidi\idual  of  the  ciew  could  believe  there  was  one.  Although  there 
mijulit  be  no  express  sti|iulation  to  serve  on  board  the  Irrcsisiiltie  alter 
Iter  reaching'  the  La  i'lata  and  obtaininiL>  a  commission,  it  must  bt>  com- 
]»lelely  undersiood  that  such  was  to  be  the  fact.  Vov  what  other 
])urp()se  could  they  haxc  undertaken  *this  Noyayc  '.  ICscrytliinj;"  [L't)l)J 
they  saw,  everyt hiiij;'  that  was  done,  spoke  a  language  tix)  plain 
to  be  misunderstood. 

"  Il  is,  therefore,  very  clear  that  the  Irresistible  was  armed  anil  manned 
in  JJ.iltimore,  in  violation  of  the  laws  and  of  the  neutral  obligations  of 
the  I'nited  States.  We  do  not  think  that  any  circumstances  took  place 
in  tlie  ri\er  La  Plata,  by  force  of  which  this  tainl  was  removed."' 

The  coursi^  of  the  French  CJovernment  during  the  insurrection  in  the 
case  of  the  IJappahannoek,  already  referred  to,  piaclically 
asserted  the  power  of  the  neulral  to  pioiei^t  its  violated 
i"'rt?,„'r"mr''li,',;  sovereignty,  even  against  a  comiidssioned  vess(>l  of  war. 
"  "  ""'■  The  IJiilish  (Iovernment  itself  recognized  this  prinii;.le  when 
it  ordered  the  i\Iai>ama  to  be  seized  at  ><'assaii,  and  when  it  found  fault 
with  the  (iovei'iior  of  the  Oape  of  Hood  Hope  for  not  detaining  the 
Tuscaloosa  at  (Jape  Town.  The  i)rinci|)le  for  which  the  rnited  States 
contend  has  therefore  bi'cn  nn'ognizeil  by  Clreat  liritain,  S[)aiii,  i'ortu- 
gal,  France,  and  the  United  States. 

It  is  not  deemed  necessary  to  add  to  the  forcible  views  of  (Miief  Justice 
i).p,..,i,rii,.  ,1-  Marshall  in  the  case  of  the  (Iran  I'ara,  as  to  the  dci)osit 
'"'"'■  of  the  otVeuse  of  the  cruiser.      The    United  States  only 

ask  that  the  same  Just  rules  which  they,  through  their  highest 
♦judicial  olUcer  and  most  eminent  jurist,  have  established  for    [210] 
ollenses  committed  on  their  own  soil,  may  be  applied  to  the  of- 
lenses  against  British  neutrality  from  which  they  have  suflerud.    The 


Thp    prinripli'    re 

'tiKiiiZ'-d   iiy  Kraneiv 

It   liiLtaiii,.'^!' 


DUTIES    OF   A   NEUTRAL. 


87 


Aliibiiiriii,  tlic  (rcof^^in,  tlio  IMoritlii,  tlir  SlM'niunloali,  n\u\  tlic  oilier  iii- 
siiruciit  Ncsscis  of  \v;ir  iiiiidt'  no  niiisc  tliiit  wiis  not  phitiiicd  oit  ISiitisii 
soil.  Tlicir  r('S|n'«"liv«'  finises  were  to  last  till  the  independence  of  tluv 
Ccnlederiuy  slionM  i»e  estaldished.  The.  eai'eerof  the  I'loiida  teriiuna- 
tcd  at  ISaliia — that  of  the  Alaltania  nil"  ( 'licrhonr;;'.  'I'he  Shenandoah 
Mild  the  <'.eoi\i;ia  eaiiie  eventually  into  the  possession  of  the  riiiteil 
Slates.  The  principal  injniies,  which  will  l)e  hereinaltei' set  forth,  came. 
Iroiii  the  acts  ol  these  vessels.  'I'here  were,  howevei',  other  vessels, 
wlio.se  careers  and  crimes,  as  well  as  those  of  the  aliovenanied  four,  will 
now  lie  .ui\en  in  detail. 

licfore  proceedin^i'  to  do  so,  it  will  Ikmv«'1I  lo  note  theiioints  which  have 
been  thus  far  made. 

The  liiited  States  trust  that  they  hav«',  establislnMl  to  the     ,;,.„„„„„,■  ,,n„oi. 
satisl'aetioii  of  the  Trihnnal  of  Arbitration  as  aj^ainst  Great  ''''"■ 
Uritain — 

1.  That  it  is  the  iliity  of  a  inMitral  to  preserve  strit-t  mid  impartial 
neutrality  as  to  both  bclli^icrents  dnriiiti'  hostilities.  (Sec  flir  (Jinrn's 
rfochdihilion  ;  til.si>  (.rt)<(i-ts  from   I'driotts  inilcffi  on  InlenitilioiKil  Liiic 

ahin'c  citiil.) 
[L'llJ        *-.  That  this  olilijfatioii  is  independent  of  iniiniciiial  law.     (St-c 
(IS  ahorc.) 

'.].  That  a  in'iitral  is  bonnd  to  enforce  its  ninn'cipal  laws  and  ilse\«M'n- 
tive  proclamation;  and  that  a  belli.n'crent  has  the  ri^^lil  to  ask  it  lo  do 
s(i;  and  also  the  ii,ulit  to  ask  to  have  the  jiowers  conferred  upon  lln^ 
neutral  by  law  increased  if  found  insnilicieiit.  {Sir  flir  j)rirrilrttts  in 
(iciicritl  ]Vii.'iliiiiiitoii\s  11  ibn  ill  I  strut  ion  ;  Lm'il  Pulnnrstnii\s  sjiiivh  of  ■hilif 
L'.!,  1S(;;5:  thr  opinion  of  the  llritish  Aitornvij  (iciiiriil  ihirin;/  tlio  ('riinvan 
Kill- ;  iinil  the  I'liitiil  Stiitvs  Sixriiil  Liiir  of  Miircli  1(>,  is;;s.) 

1.  That  a  neutral  is  lioiind  to  use  due  dilijuence  to  prevent  the  littinj; 
out,  arming',  or  e(piippin,u',  within  its  Jurisdiction,  of  any  vessel  which  it 
lias  reasonable  jironnd  to  believe  is  intended  to  cruise  or  to  carry  on 
war  a;iiiiiis|  a  I'ower  with  which  it  is  at  peace.  (Sir  \sf  h'lilr  of  the, 
Triiitif ;  also  the  Foiriiin  Kiilistnwnt  Acts  of  ISIU  anil  ISTO;  also  llir  prr- 
irdiiits  ill  (ii ni  nil  Wiisliiniiton's  luhnlnislrittion  ;  also  the  irriti rs  on  Inter- 
mitioniil  Line  leho  hnre  been  eiteiL) 

."».  That  a  neutral  is  bound  to  use  like  dilijionce  to  ])reveiit  the  eon- 
slriictioii  of  such  a  vessel.  [See  Foreiijn  Enlist inent  Aet  of  1S7<>;  ulso 
tlie  netiou  of  the  rniteil  States   iiorernnient  in   18(»!(;  also  the  writers  on 

Jnferniitional  Line  ahore  eiteil.) 
[I'll*]  *(i.  That  a  neutral  is  Iiound  to  use  like  dili^'cnee  t(»])reveiit  the 
departure  from  its  Jurisdiction  of  any  vessel  intended  to  <rni.se  or 
carry  on  war  a^iainst  any  Power  with  which  it  is  at  pea<'e ;  such  vessel 
liavinj;  been  specially  a«lapted,  in  whole  or  in  i)art,  within  its  Jiirisdic 
tion,  to  warlike  use.  [See  Ist  Itiilc  of  the  Treatij  ;  also  the  Foreign  En- 
listment Act  of  ISTO.) 

7.  That  a  neutral  may  not  iH'rmit  or  siilTer  either  belligerent  to  make 
ns«^  of  its  ports  or  waters  as  the  base  of  naval  operations  against  the. 
other.  {See  '2il  h'lile  of  the  Treaty,  ihc  Foreiipi  Enlistment  Act  of  ISTO, 
mill  the  lerilers  on  Interniitional  k-cn  hinre  cited ;  ulso  the  instructions  to 
the  liritisk  naru I  forces  dnrincj  thi  s,nfl.'iern  insnrreetion.) 

S.  That  a  neutral  is  bound  to  u  <!>  "  (lilijicnce  in  its  ports  or  waters, 
to  prevent  either  bellijivrent  froir  oi.tai.iiii;.;'  there  a  renewal  or  aiifiinent- 
atioii  of  military  supplies,  or  arms  for  belligerent  ves.sels,  or  the  recruit- 
ment of  iHon.  {See  2(1  Rule  of  tie  Treutij  ;  also  the  precedents  of  General 
Washington'' s  administration;  also  the  Foreign  Enmiment  Avts  of  1S19 
and  1870 ;  also  the  Quevn''H  Proclamation.) 


IMAGE  EVALUATION 
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88 


DUTIES   OF   A   NEUTRAL. 


0.  Tliat  whon  a  neutral  fails  to  use  all  the  moans  in  its  i»o\vor  to  pre- 
vent a  breai'li  of  tin;  neutrality  of  its  soil  or  waters,  in  any  of  tiie 
fore^'oin^  respects,  the  n«'utral  should  make  comjiensation  for  *the  [213] 
injui'y  resultin;^'  therefrom.  {See  prcccilcnts  of  General  Washiiifj- 
toiCn  o'lministration  bcliceen  (Jreat  lirltain  (iiid  ike  United  Staiex  ;  treaft/ 
of  \l'.)\r  hetireen  Great  Britain  and  the  United  St  a  fen ;  treati/  of  ISV.)  l/e- 
tireeu  the  United  States  and  Spain  ;  corre.spondenee  hctn-cen  J'ortnf/al  and 
the  United  States,  1817-22,  and  Artielcs  VII  and  X  of  the  Treaty  of 
Wash  inff  ton.) 

10.  That  this  obligation  is  not  tlischari^ed  or  arrested  l>y  the  ehans'e 
of  tiie  olfc'iidinj;'  vessel  into  a  public  man-of-war.  {See  the  eases  of  the 
Santisinia  Trinidad  and  the  Gran  J/ara,  altove  eited.) 

11.  Tiiat  this  obli.s'ation  is  not  discharjj^cd  by  a  fraudulent  attemjjt  of 
tlu;  oflen(lin.i;  vessel  to  evade  the  i)r()visions  of  a  local  muni('ij>al  law. 
(<SV't'  the  Gran  Peru,  as  above  ;  also  Bluntsehli  and  other  writers  on  Inter- 
national Lan\) 

12.  That  the  oft'ense  will  not  be  deposited  so  as  to  r<'lease  the  liability 
of  the  neutral  even  by  the  entry  of  the  otfendin;^  vessel  in  a  ])ort  of  the 
belli.iicrcnt,  and  there  becoming  a  man-of-war,  if  any  i)art  of  the  original 
fraud  continues  to  hang  about  the  vessel.     {See  the  Gran  Para,  as  above.) 

[2U] 


[215] 


*PART  IV. 


WHEREIN  GEEAT  BRITAIN  FAILED  TO  PERFORM  ITS  DU- 

TIES  AS  A  NEUTRAL. 


"Tborc  is  no  <lou1)t  tlnit  Jeffi'ison  Davis  and  other  leaders  of  tlio  SoiiLh  have  made 
an  artny  ;  tliev  are  Jiiaking,  it  a])pears,  a  navy." — iSjwcch  of  Mr.  Gladstone, 
Clmwcilor  of  the  Exeheqiur,  OctolHr  7,  1862.  n^^l^^l^^M^ 

"It  has  been  usual  lor  a  power  carrying  on  war  upon  the  seas  to  istcrs. 
possess  ports  of  its  own  in  which  vessels  arc  linilt,  e(iuij)ped,  and  fitted, 
and  from  wliich  they  issue,  to  Avhich  they  bring  their  prizes,  and  in  wliich  those  prizes 
when  bronglit  bel'on;  a  eoiut  arc  either  condenuied  or  restored.  lint  it  so  bajipens  tiiat. 
in  tbis  eonlliet  tlie  Confi^derate  States  Inivc  no  ))orts  except  those  of  the  Mersey  and 
the  Clyde,  from  wbieli  they  lit  out  ships  to  cruise  against  the  Federals;  and  having  no 
ports  to  which  to  l)ring  tlieir  prizes,  tbi^y  are  obiged  to  burn  tbeni  on  the  high  seas." — 
SjHcrh  of  Earl  JiiisurH,  I'rine'qHil  Svcretarij  of  State  for  ForcUjn  Affairs,  April  '^u.  18()-1. 

"Her  Britannic  Majesty  has  authorized  her  High  Conwnissioners  aiul  Plenipoten- 
tiaries to  express  in  a/riendly  s]iirit  the  regret  felt  by  Her  Majesty's  Govennneut  for 
the  escape,  under  wliatev(!r  circumstances,  of  the  Alabama  and  other  vessels  from 
British  jKnts,  and  for  the  depredations  committed  by  those  vessels." — Treaty  of  Wash- 
iiigtoii,  Article  I. 

The  extracts  wliicli  fire  placed  at  the  head  of  this  division  of  the  Case 
of  the  United  States  are  at  once  evidence  of  the  facts  which  will  now 
be  set  forth,  and  a  condensation  of  the  line  of  argument  which  those 
facts  logically  suggest.    The  United  States  summon  no  less  illustrious 
a  person  than  the  present  Prime  Minister  of  England,  to  prove,  not 
culy  that  the  insurgents  were  engaged  in  the  year  18(52  in  making  a 
navy,  but  that  the  fact  was  known  to  the  gentlemen  who  then 
[21G]    constitu*ted  Her  Majesty's  Government.   They  place  on  the  stand 
as  their  next  witness  Her  Miijesty's  Principal  Secretary  of  State 
for  Foreign  Aifairs  during  the  whole  i)eriod  of  the  rebellion,  to  prove 
wliere  the  insurgents  were  constructing  that  navy,  and  Avhy  they  were 
constructing  it  in  the  Mersey  and  the  Clyde;  and  further,  to  prove  that 
these  facts,  also,  were  known  at  the  time  to  the  gentlemen  who  then 
constituted  Her  Miijesty's  Government.    And  lastly,  they  lay  before 
the  Tribunal  of  Arbitration  the  graceful  and  kindly  testimony  of  the 
regret  of  Her  Majesty's  Government  that  the  escape^  of  the  cruisers, 
which  were  built  in  Great  Britain,  with  the  knowledge  of  the  Govern- 
ment, and  which  constituted  that  navy,  should  have  resulted  in  the 
subsequent  destruction  of  the  jnoperty  of  citizens  of  the  United  States. 
In  discussing  this  question,  except  so  far  as  may  be  absolutely  neces- 
sary for  the  i>rotection  of  the  interests  which  they  are  bound  to 
[217]    guard,  the  *United  States  will  not  attempt  to  disinter  from  the 
grave  of  the  past  the  unhappy  passions  and  prejudices,  and  to 
revive  the  memory  of  the  injuries,  often  great  and  sometimes  petty, 
which  caused  such  poignant  regret,  such  wide-sjjread  irritation-,  and 

'"I  wish  the  word  'escape'  bad  not  been  found  in  the  apology,  as  it  is  termed  in 
(k scribing  the  exit  from  our  ports  of  the  Alabama  and  other  ships  of  that  kind.  I 
cannot  help  thinking  that  was  an  unguarded  eipression,  which  uuiy  att'ect  the  course 
of  the  future  arbitration.  I  can  easily  imagine  that  in  some  minds  the  word  'escape' 
would  be  construed  unfavorably  to  tliis  country,  for  it  nieanB  that  something  has  got 
away  wliich  might  have  been  retained.  Wo  speak  of  the  escape  of  a  prisoner ;  and 
the  meaning  of  the  term  is  that  there  was  power  to  prevent  the  escape,  and  that  the 
escape  happened  in  spite  of  it." — Lord  Cairn's  (ex-Chancdlor)  speech  in  the  House  qf 
Lords,  June  12,  IHTl.    tfec  London  Times,  June  13, 1871.  • 


w 


90 


WHEREIN   GREAT   BRITAIN   FAILED   TO 


■;- 1 


W' 

} 
u 


bil>-e  f>rinsurgi'iit  mt- 
enitions;  ;i  p:irti.il 
li(>!<liit:ility  hluiwii  lo 
I  lie  in-'iirp'-'Til?! ;  ;\ 
liranrh  t)f  tlioir  (;<tv« 
eriiiiK'iit  fat;tl»Ii-lit*il 
in  i.iveriictol ;  their 
GovrrnmiMil  vt^Ml.-t 
ofTiciiilly  ;ii<U*<i  in 
eviifUns  the  bln»k:tiie 
and  in  turiii-Iiiiiii 
tiicni  with  arm-,  lau- 
Hit  ions.  i!nil  lne;nii 
f.M-  i';irryiiiK  on  llie 
ttruBsle. 


snoU  (loop  seated  souse  of  WTonj;  in  tlie  TTnited  KStates.  Over  irnu'li  of 
this  feeliii;;'  the  kindly  exjnessirin  of  icj^iet  in  tlio  Treaty  of  Washington 
has  forever  (Mst  th(^  nianth'  of  oblivion. 

The  reports  of  the  diplonnitie  and  eonsnlar  oflieers  of  the  United 
States,  inadi^  from  the  IJritish  dominions  to  their  (lovernment  during 
the  war,  whieh  are  printed  in  the  volumes  whieh  will  aecom[)any  tiiis 
case,  are  full  of  jiroof  of  a  constant  state  of  irritating  hostility  to  the 
United  States,  and  of  friendship  to  the  insurg(Mits  in  the  sev(!ral  com- 
munities from  which  they  are  written.  These  dispatches  are  interesting, 
as  showing  the  facilities  which  the  compli(;ity  of  the  community  often, 
if  not  ahvays,  gave  to  the  schemes  of  the  insuigents  for  violating  the 
sovereignty  of  Great  Britain.  The  rei)orts  from  Liverpool,  Nassau, 
Bermuda,  and  Melbourne  are  especially  interesting  in  this  respect,  unci 
tend  to  thr(,\v  much  light  on  the  causes  of  the  ditlerences  which  are,  it 
is  to  be  hoped,  to  be  forever  set  at  rest  by  the  decision  of  this 
Tribunal. 

*As  soon  as  the  authorities  who  were  directing  at  Richmond  the    [218] 
British  ports  the  fortuucs  of  tlic  iusurgeiits  were  sure  that  their  right  to 

carry  on  a  maritime  war  would  be  recognized  by  Great 
Britain,  their  Secretary  of  the  Xavy  recommended  to  JNIr. 
Jeft'ersou  Davis  to  sen«l  an  agent  to  Great  Britain  lor  the 
])uri>ose  of  contracting  for  and  superintending  the  construct- 
ion of  menof-war;  and  Mr.  James  Dun  woody  linllock,  who 
had  been  an  ollicer  in  the  Xavy  of  the  United  States,  was, 
in  accordance  with  that  I'ecommendation,  sent  there  in  the 
suujmer  of  1801,  and  entered  upon  his  duties  before  the 
autumn  of  that  year.  Mr.  North,  also  formerly  of  the  United  States 
Navy,  was  empowered  "  to  purchase  vessels'"  for  the  insurgents;  and 
Mr.  Caleb  lluse,  formerly  of  the  Urduance  Dei>artment  of  tln^  Army  of 
the  United  States,  was  sent  to  London  for  "the  ])iu'chase  of  arms  and 
munitions  of  war,"*  T\Ir.  Bullock,  ]Mr.  North,  and  Mr.  lluse  (ujntinued 
to  discharge  their  duties  during  most  of  the  struggle,  and  served  the 
l)urposes  of  those  who  sent  them  there,  with  intelligence  an<l  activity. 

The  means  for  carrying  on  these  extensive  o]»<  rations  were  to  be 
derived  from  the  proceeds  of  the  cotton  crop  of  the  South.  It 
will  probably  *be  within  the  personal  recollection  of  the  several  [210] 
gentlemen,  members  of  the  Tribunal,  that  in  the  year  1800  the 
world  was  dependent  upon  the  fields  of  the  insurgent  States  for  a  large 
l)ortion  of  its  supply  of  cotton,  and  that,  when  the  blockade  was  estab- 
lisJied  by  the  United  States,  a  large  i)art  of  the  crop  of  1800  was  still 
iinexported.-  This,  and  all  subsecpient  crops  that  might  be  i)roduced 
during  the  struggle,  would  yiehl  their  value  in  gold  as  soon  as  landed 
in  Liverpool. 

The  insurgent  agents  took  advantage  of  this  fact.  They  secured, 
through  their  assumed  authority  as  a  Government,  the  control  of  so 
much  as  might  be  necessary  for  their  purposes,  and  they  early  made 
arrangements  for  a  credit  in  Liverpool  upon  the  faith  of  it. 

'  WalktT  to  GiL-cii,  1st  Ji\ly,  18G1*  Vol.  VI,  paj;-.-  :W. 

i*"  It  was  ostimated  that  only  about  750,000  bali'S  at  most  of  the  crop  of  18G0  ro- 
Biiiiiied  on  lianil  in  tlio  South  wlion  tlio  blockailo  bej^an.  The  crop  of  18(51  was  about 
2,750,000  bales — a  little  more  than  half  the  total  quantity  consumed  in  1800 — and  this 
Bnj>i»ly,  or  so  nnich  of  it  as  could  be  properly  picked,  cleaned,  iind  baled,  would,  to- 
gether with  what  remained  from  the  previous  year,  have  been  available  for  exportation 
in  the  winter  and  spring  of  18G1- 02.  The  quantity  actimlly  sent  abroad,  however,  up 
to  July  or  August,  18&2,  was  reckoned  not  to  exceed  50,000  bales,  the  great  bulk  of 
which,  but  not  the  whole,  wout  to  England." — Bernard's  Neutralilif  of  Grmt  Britain, 
page  2tiC. 

\ 


PERFORM   ITS  DUTIES   AS   A  NEUTRAL. 


01 


It  so  happened  that  there  wr.s  at  Charleston,  at  that  time,  a  well- 

TIi*»  firm  ofFraBor, 


established  eoninuMcial   house,  doiuft'   business  under  the 


name  of  John  Fraser  &  Co.    The  head  of  this  linn  was  fn ',h„im  .v  ^ u. 

George  A.  Trenholm,  of  Charleston.  Another  prominent  member 
[220]    *\vas  Charles  K.  Prioleau,  also  a  citizen  of  the  United  States. 

Before  or  about  the  time  the  insurrection  broke  out,  and,  as  the 
United  States  believe,  in  anticipation  of  it,  this  house  established  a 
branch  in  Liverpool,  under  the  name  of  Fraser,  Trenholm  &  Co.  Pri- 
oleau was  dispatched  thither  to  take  charge  of  the  Liverpool  business, 
and  became,  for  purposes  that  inay  easily  be  imagined,  a  naturalized 
British  subject.  George  A.  Trenholm  remained  in  Charleston,  and,  in 
due  course  of  time,  became  the  Secretary  of  the  insurgent  Treasury, 
and  a  member  of  the  so-called  Government  at  IJichmond.  An  arrange- 
ment was  nmde  by  whi<;h  the  cotton  of  the  insurgent  authorities  was  to 
he  sent  to  Fraser,  Trenholm  &  Co.,  to  be  drawn  against  by  the  purchas- 
ing agents  of  the  insurgents.' 

The  tirst  amount  (live  hundred  thousand  dollars)  was  ]»laced  to  their 
credit  in  Liverpool,  somewhere  about  the  nnuith  of  i\ray,  or  early  in  June, 
1801 ;  and,  under  the  name  of  "  depositories,"  Fraser,  Trenholm  «S;  Co.  re- 

maiiu'd  a  branch  of  the  Treasury  of  the  insurgent  Government. 
[221]       *Tlius  there  was  early  established  in  Great  Britain  a  branch  of 

the  War  Department  of  the  insurgents,  a  branch  of  their  Xavy 
Department,  and  a  branch  of  their  Treasury,  each  with  almost  i)leuary 
powers.  These  things  were  done  openly  and  notoriously.  The  persons 
and  places  of  business  of  these  several  agents  were  Avell  known  to  the 
communities  in  which  they  lived,  and  must  have  been  familiar  to  the 
British  otlicials.  If  there  was  any  pretense  of  concealment  in  the  outset 
it  was  soon  abandoned. 

On  the  22d  of  Jnly,  18G1,  Iluse  writes  to  the  olBcer  in  charge  of  the 
insurgent  Ordnance  Department,  complaining  of  the  activity  of  the 
agents  of  the  United  States  in  watching  ami  thwarting  his  movements. 
^'  It  is  ditlicult,"  he  says,  "  for  a  stranger  to  keei)  his  actions  secret  when 
spies  are  on  his  path."  lie  says  that  he  shall  have  ready,  by  the  1st  of 
August,  some  of  the  goods  that  had  been  ordered  on  the  17th  of  the 
previous  April,  and  more  bj-  the  1st  of  October,  and  that  "  the  shipping 
of  the  articles  will  be  left  in  the  hands  of  the  Navy  Department."^ 
On  tin;  18th  of  September,  the  steamer  "Bermuda"  ran  the  blockade, 

and  arrived  at  Savannah  with  "arms  and  nutnitious  on  board."^ 
[222]    She  came  *from  Fraser,  Trenholm  &  Co.,  consigned  to  John  Fraser 

&  Co.  Information  of  the  character  and  puri)oses  of  this  steamer, 
and  of  the  nature  of  her  freight,  had  been  given  to  Lord  Ilussell  by  ^Ir. 
Adams  on  the  15th  of  the  previous  August,'  and  he  had  declined  to 
"interfere  with  the  clearance  or  railing  of  the  vessel."^  On  the  fourth 
day  after  her  arrival  at  Savannah  her  consignees  offered  to  charter  her 
to  the  insurgents,  and  the  offer  was  accepted."*^ 

'"01"  twouty  btcainers,  Avliitli  wore  said  to  liiivo  lieou  kept  plying  in  1HGI3  between 
Niissau  and  two  of  the  Mockaded  poits,  siiveii  btlonged  to  a  ineieantilo  linn  at  Charles- 
ton, who  had  a  branch  honso  at  Liviirpool,  and  through  whom  tho  Coidcderato  Gov- 
Miunent  transacted  its  business  in  England."  "The  name  of  the  Charleston  lirm  was 
John  Fraser  &,  Co. ;  that  of  the  Liverpool  house,  Fraser,  Trenholm  &  Co.  Of  the  five 
JHCMiber.s  of  the  house,  four,  I  believe,  were  South  Carolinians,  and  one  a  British  sub- 
ject."— licniartVs  XcutraUty  of  Great  liritain,  i)a(ie  !289  and  note.  The  British  subject 
referred  to  by  Mr.  Bernard  was  Prioleau,  naturalized  for  tho  purpose. 

^  Huso  to  Gorgas,  Vol.  VI,  page  33. 

'  Lawtou  to  Cooper,  20th  September,  1861,  Vol.  VI,  page  36. 

■•  Adams  to  Rucsell,  Vol.  I,  page  700. 

*  Russell  to  Adams,  Vol.  I,  page  762. 

«BeuJaniia  to  John  Fraser  &,  Co.,  27 tU  September,  1861,  Vol.  VI,  page  37. 


92 


WHEREIN   GREAT  BRITAIN   FAILED  TO 


The  experience  of  tlie  "  Berraiula,"  or  the  difficulties  which  she  en- 
countered in  running  the  bloekude,  seem  to  have  induced  the  insurgent 
authorities  to  think  that  it  wouhl  be  well  to  have  some  surer  way  lor 
receiving  the  i)urchases  made  by  their  agents  in  Liverpool.  The  strin- 
gency of  the  blockade  established  by  the  United  S;  ates,  and  the  nature 
of  the  coast  that  was  blockaded,  made  it  necessary  to  have  ii  set  of 
agents  in  the  West  Indies  also. 

The  coast  of  the  United  States,  from  Chesapeake  liay  to  the  oMexican 
chiiracur  „c  the  froutlcr,  is  low,  wlth  shoaly  water  cxteiuling  out  for  some  dis- 
biocknjtacoa-t.  tance  to  sea.  A  range  of  islands  lies  oil'  the  coast,  from 
Florida  to  Charleston,  and  islands  also  lie  oif  Wilmington  and 
*the  coast  to  the  north  of  it.  The  waters  within  these  islands  are  [223] 
shallow,  afloruing  an  inland  navigation  for  vessels  of  light  d- luglit. 
The  passages  to  the  sea  between  the  islands  are  generari;y  of  the  same 
character.  The  outlying  frontier  of  islands,  or  of  shallow  waters,  is 
broken  at  Wilmington,  at  Charleston,  and  at  ISavaunah.  Atthese  three 
points  large  steamers  can  approach  and  leave  the  coast ;  but  these  points 
were  at  that  time  guarded  by  the  blockading  vessels  of  the  United  States, 
so  as  to  make  the  approach  diflicult.  Vessels  not  of  light  di  aught  and 
great  speed  were  almost  certain  of  capture;  while  vessels  of  such  draught 
and  speed  could  not  carry  both  coal  and  a  cargo  across  the  Atlantic. 

To  avoid  this  risk  it  was  resolved  to  send  the  i)urchases  which  might 
be  made  in  England  to  Nassau  in  British  bottoms,  and  there  transship 
them  into  steamers  of  light  draught  and  great  speed,  to  be  constructed 
for  the  purpose,^  which  could  carry  coal  enough  for  the  short  passage 
into  the  Avaters  that  connecited  with  either  Charleston,  Savannah,  or 
Wilmington.  The  tirst  order  from  Kichmond  that  is  known  to  have 
been  given  for  such  a  shipment  is  dated  the  22d  of  July,  1801.^ 

The  attention  of  the  Tribunal  of  Arbitration  is  *invited  to  the    [224] 

map,  showing    how    admirably  the 


Ocosraphicnl  eitua- 


accompanying 


tion  a  Nassau  and  Britlsh  ports  of  Nussau  and  Bermuda  were  adapted  for  the 
Bermuda.  illegal  purposcs  for  which  it  was  proposed  to  use  them. 

Nassau  was  surrounded  by  a  cluster  of  British  islands,  so  that  even  a 
slow-sailing  blockade-runner,  pressed  by  a  pursuing  man-of-war.  could 
in  a  short  time  reach  the  protection  of  British  waters.  Bermuda  had 
the  advantage  of  being  more  directly  off'  the  ports  of  Wilmington  and 
Charleston,  n Neither  Nassau  nor  Bermuda,  however,  was  more  than 
two  days  distant  from  the  blockaded  ports  for  the  swift  steamers  that 
were  employed  in  the  service.' 

On  the  4th  of  October,  1801,  Mr.  Benjamin,  writing  from  Eichmond, 
and  signing  himself  as  "  Acting  Secretary  of  War,"  addressed  Mr.  Mallory 
as  "  Secretary  of  the  Navy,"  and  asked  if  he  could  "  spare  an  officer 
from  his  department  to  proceed  to  Havana  and  take  charge  of  funds 
there,  to  be  used  by  agents  of  this  department  in  the  purchase  of  small- 
arms  and  ammanition."* 

*Mr.  Lewis  Heyliger,  of  New  Orleans,  was  apparently  desig-  [225] 
nated  for  this  purpose.    On  the  30th  of  November,  1831,  he  takes  ■ 

I  Huse  to  Gorgas,  15tli  March,  1862,  Vol.  VI,  page  69. 

3  Walker  to  Huso  and  Anderson,  Vol.  VI,  page  31. 

'"  The  British  Island  of  New  Providence,  in  the  Bahamas,  became  the  favorite  resort 
of  ships  employed  in  these  enterprises.  Situated  in  close  neighborhood  to  the  coast  of 
Florida,  and  within  three  days'  sail  of  Charleston,  it  olfered  singular  lacilities  to  the 
blockade-runners.  The  harbor  of  Nassau,  usually  quiet  and  almost  empty,  was  soon 
thronged  with  shipping  of  all  kinds;  and  its  wharves  and  warehouses  becama  an 
entrepot  for  cargoes  brought  thither  from  different  quarters.  Agents  of  the  Confed- 
erate Government  resided  there,  and  were  busily  employed  in  assisting  and  developing 
the  trafSc. — Jiernard'a  Neutrality  of  Great  Britainf  page  299.  ' 

*  Beivjamiu  to  Mallory,  Vol.  VI,  page  39. 


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[227] 


PERFORM   ITS   DUTIES   AS   A   NEUTRAL. 


98 


aleftor  from  ^Mr.  rUMiJiiiniii  to  :\rr.  TTclin,  ilio  anient  of  tlio  iiisiir^onts  nt 
CiinU'iiiis,  ill  ('iiliii,  sii.vinj;-  tliiit  hv  is  "jin  aclivr,  aii<l  accoinnlislicd 
busiiies.s  man;"  that  1m'  is  to  aid  llrlii.,  "  wlu'tlicr  in  tlit'  disposal  of  the 
cotton  or  the  anaiij-ciiu'iits  for  the  shipiiuMits;"  and  that  "the  articles 
lirst  in  iiiiportiiiicc,  jukI  to  1r'  scut  in  i»rc'feroncc  to  cvcrytbinK  else,  are 
siiiallarms  and  cannon  i)0\v<h'r.'" 

IlfvliHcr  went  to  Cuba,  and  in  a  few  days  aftor  was  transferred  to 
Nassau  to  talv(^  eharf;e  of  "  the  IJritisU  Steamer  (Jhidiator,  ('ommander 
CI.  (J.  Bird,  with  a  earyo  for  the  Confederate  States.''-  Uv  remained 
there  as  the  a^^cnt,  treasury  depositary,  and  rei)resentative  of  the  insur- 
o(.]its  diiriiij;  the  rebellion. 

The  tiladiatorwas  ii  steamer  bonj;ht  and  fitted  ont  in  England  nnder 
an  a.i;Teeinent  made  at  London,  October  -Jl,  I8«il,  between  wi,,twu»j.me,,t 
3Ir.  T.  O.  Stock,  si  subject  of  Her  ^Majesty,  and  Mr.  Caleb  '""" 
I J  use.''  The  evident  object  of  this  agreement  was  to  enabh^  her  to  sail 
under  the  IJritish  lla;:'',  althou;;h  owned  by  the  insurj»ents.  She  was  to 
take  out  live  hundred  tons  of  goods,  and  was  "  to  proceed  to  a  jiort 
[220]  in  the  *Conlederare  States  or  an  intermediate  i)ort."  Xo  con- 
cealm<'nt  of  her  object  or  destination  was  nnule  in  lOnglaml.'  She 
arrived  at  Nassau  from  i.omlon  on  the  Otii  of  December,  IS**!."' 

The  day  after  she  arrived  then!  a  United  States  vessel  of  war  came 
into  the-  port.  Ileyliger,  iinding  that  this  vessel  would  not  leave,  and 
that  therefore  the  Gladiator,  wliich  was  slower  than  the  man-of-war, 
could  not  leave  with  safety,  re])resented  to  the  British  authorities  that 
such  a  course  "  would  tend  to  cut  olf  the  trade"  which  the  insurgents 
desired  to  divert  to  Nassau,  and  that  he  thought  "  some  stej)  should  be 
adopted  to  remind  him  [the  coinmamler]  that  he  is  infringing  on  the 
laws  of  hospitality."  Hereiwrted  this  to  lJi(;hmond  and  added,  "  1  have 
reason  to  know  that  tlu'se  arguments  have  not  been  without  tli<'irelle<!t, 
inasmuch  as  the  matter  was  incidentally  discussed  at  a  meeting  of  the 
Council  the  other  dayj  and  I  really  believe  that  in  the  contsi.  of  a  week 
or  two  some  action  will  be  taken  to  impress  the  ca[)tain  of  tlu^  eiiemy'.s 
vessel  witli  the  conviction  that  his  absence  will  be  preferabh^  to  his 
company."  "  We  have  succeeded,"  he  (!ontinued,  "in  obtaining  a  very 
important  modification  of  the  existing  laws,  viz  :  ilic  jnuvilcf/c  oj 
[227]  hraihinfjhulk  and  iransshq)uient.^'^''  *That  modilication  was  all  that 
the  insurgents  wanted.  That  ])iivilege  converted  the  port  of 
Nassau  mto  an  insurgent  port,  which  could  not  be  blockaded  by  the  mival 
forces  of  the  United  States.  Further  stay  of  tlu'  United  States  vessels 
of  war  was  therefore  useless.  The  United  States  ask  the  Tribunal  to  11  nd 
that  this  act,  being  a  ])ermission  irom  the  ibitish  authorities  at  Nassau, 
enabling  a  vessel  chartered  by  the  insurgents,  and  freiglited  with  articles 
contraband  of  war,  to  diverge  from  its  voyage,  and  to  transship  its  cargo 
in  a  British  port,  when  not  made  necessary  by  distress,  was  a  violation 
of  the  duties  of  a  neutral. 

On  the  27th  of  January,  1802,  ^Maflitt,  an  officer  in  the  service  of  the 
insurgents,  (the  same  who  afterward  commanded  the  Florida,)  was  sent 
to  take  command  of  the  Gladiator  as  an  insurgent  vessel,"  (although 
under  British  colors,)  and  on  the  oOtb  of  January,  1802,  a  portion  of  the 

'  Benj.iinin  to  Helm,  Vol.  VI,  pn^e  43. 

2 Helm  to  H(yli<,'er,  20tli  DictiuLu;!-,  16G1,  Vol.  VI,  page  51. 

8  See  the  agreement,  Vol.  VI,  page  42. 

*  Adams  to  Sewaiil,  Vol.  I,  iia'^e  7(i9. 

nVhitiug  to  Sewaiil,  lUtli  December,  18C1,  Vol.  VT,  page  44. 

Bllcyliger  to  Bi-njamiu,  'J7th  December,  18(31,  Vol.  VI,  pago  55. 

">  Be'ujamiu  to  Maliitt,  27th  Jauuary,  1862,  Vol.  VI,  pago  57. 


94 


WHEREIN   GREAT   BRITALN   FA'L,ED  TO 


ir-- 


Gliuliiitor's  vuliiabh'  cnrpfo  wii.s  traiiHsliippod  to  tlio  "  Kato,"  a  small 
HtraiiMT  sailing  under  Hiifisli  colcas,  aiitl  cvciifiially  all  went  in  tlic 
same  way.  In  tin'  dispatch  annoiiiM-in;''  tlu^  transl'cr  to  the  "Kate," 
Ilcyli}^*'!'  said  :  "  You  may  i<'a«lily  imai^im'  how  intensely  dis;;nsted  tlic 
Yankees  ate  at  this  partiality,  as  they  slyle  it.»  It  is  ealletl  another 
tla^jrant  violation  of  neutral  rij^hts.  *  *  My  ri'lations  with 
•the authorities  here  areot'the  most  Iriendlyeharaeter.  I  receive  f22S] 
many  marked  attentions,  which  I  vahm  as  }^n\\)ix  to  show  the  in- 
creased <!ordiality  of  fcelin-;' toward  the  Confederate  (lovernment.'" 

The  United  States  are  not  abh^  to  say  what  "ellecf'the  eoloniiil 
authorities  of  iS'assau  induced  IIeylij:fer  to  think  wouhl  come  from 
liis  "  arfiiiments."  They  point  out,  however,  to  the  Tribunal  of  Arbi- 
tration tiie  fact,  thar  in  about  one  nu)nth  after  that  time,  viz,  on  tin'  .'?lsr 
day  of  January,  liSOU,  Earl  liussell  informed  the  Lords  Commissioner. s 
of  tlui  Atlmiralty  that "  duriiijof  the  continuance  of  the  present  hostilities 
•  *  *  *  no  ship  of  war  or  privateer  beloujuins:  to  either  of  the 
belligercMits  shall  be  ])ermitted  to  enter  or  remain  in  the  port  of  Nassau, 
or  in  any  other  i)ort,  roadstead,  or  waters  of  tin*  Uahama  Islands,  except 
by  special  leave  of  the  Lieutenant  Governor  of  the  Bahama  Islands,  or 
in  ease  <»f  stress  of  weather."'^ 

An  order  more  unfriendly  to  the  United  States,  more  directly  in  the 
interest  of  the  insmj^ents,  eouhl  not  have  been  made,  even  if  founded 
Ilium  IIeyli<>er's  friendly  intimations  to  theColonial  Authorities.  Under 
tne  construction  juactically  i)ut  upon  it,  the  vessels  of  war  of  the 
United  States  were  excluded  from  this  harbor  for  any  *purpose,  [220] 
while  it  was  ojjcn  for  tree  iujuress  and  e<;ress  to  vessels  of  the 
insurgents,  i)urchase(l,  or  built,  and  owiumI  by  the  authorities  at  Rich- 
mond, brinjiinj;  their  cotton  to  be  trjiusshipped  in  liritish  bottoms  t(» 
Fraser,  Tn-idiolm  &  Co.,  in  Liver) lool,  and  takin-;'  on  board  the  car}»'oes  of 
armsand  nuinitiiuisof  war  which  iiad  l)een  dispatched  thither  from  Liver 
pool.  The  Tribunal  of  Arbitration  will  not  fail  taobserve  that  this  was 
no  IJritish  commerce  which  had  existed  before  the  war,  and  which  tin' 
neutral  mij>iit  claim  the  ri^ht  to  continue.  It  was  to  a  large  extent  the 
commerce  of  theauthorities  at  llichmoud — carried  on  in  their  own  vessels, 
and  for  their  own  benelit — and  consisted  of  the  export  of  cotton  from 
the  South  on  account  of  the  so-called  Government,  and  the  return  of 
arms,  munitions  of  war,  an«l  quartermaster  stores  Irom  Great  Britain, 
for  the  i)urpose  of  destroying  the  United  States — a  nation  with  which 
Great  Britain  was  at  i)eace.  The  United  State's  contidently  insist  that 
Great  Britain,  l)y  shielding  ami  ei#ouraging  such  a  commerce,  violated 
its  duties  as  a  neutral  toward  the  Unite<l  States. 

It  is  II  'most  iiiiploasant  duty  of  the  United  States  to  call  the  atten- 
Tiic  r„ii, .1  sti,te»  ti<>i>  <>^  the  Tribunal  of  Arbitration  to  the  fact  that,  at  the 
feVS'rt'N^^^^^  very  time  of  this  utlair  of  the  Gladiator,  another  mat- 
'•'"■  ter  was  going  *on  in  the  same  port,  which  furnished    [230] 

a  commentary  on  the  ideas  of  neutrality  entertained  by  the  Co- 
ionial  Authorities. 

The  day  after  the  arrival  of  that  vessel,  the  United  States  Consul  at 
Na«saM  wrote  to  his  Government  thus :  "  The  coal  which  is  being  landed 
here  for  Government  has^  caused  great  excitement  among  the  Nassau 
masses,  and  a  deputation  visited  Governor  Nesbitt  yesterday  to  remon- 
strate against  its  being  landetl.'"    The  remonstrances  were  successful. 

'  Hoyligcr  to  Benjamin,  30th  Jauuary,  1BG2,  Vol.  VI,  page  48. 

«  Vol.  VI,  page  175. 

3  Whitiug  to  Seward,  Vol.  VI,  page  44  j  Vol.  I,  page  C96. 


Htl^i 


PERFORM   ITS   DUTIKS  AS   A   NEUTRAL. 


95 


On  the  sjiino  diiy  tlio  (^)loiii;il  Socivtary  wroto  to  tlio  Consul  that  tho 
coal  could  1h'  admitted  only  "on  the  express  condition  and  understand- 
iu<fi  tliat  sucli  coal  should  not  al'terward  l)e  reshippc«l  or  otherwise  usjmI 
in  any  manner  which  may,  in  tlie  opinion  of  the  law  authiaities  of  the 
Colony,  involve  a  hn-ach  of  Iler  Majesty's  I'roclannition  of  tiie  \'Mh  of 
^lay  last,  ami  pnrtirnldrli/  tlnif  mirli  coal  .shall  not  he  used  for  the  piifjxm! 
vf' coaliiifi,  Of  affonlhifi  facilities  for  coaliia/.^  at  lliis  })ort.  the  rcsscls  of  wut' 
of  the  [knifed  States  Xarij,  ilariiifi  the  eoiifitniaitce  (f  the  hostilities.^''^ 

The  sincerity  of  th(MlcsiriM)f  the  Colonial  Autiiorities  to  ohey  Her 
^Majesty's  I'rtK'hunation  may  be  estimated  fiom  the  l\)llowinj;'  facts: 
["Sol]  1.  That  that  Proclamation  inhibited  Her  Majesty's  •suhjej^ts  from 
"brcakin};,  or  endeavorinj"-  to  break,  any  blockad*^  lawfully  or 
actually  established  by  or  on  behalf  of  either  of  the  said  contending 
]»artics  ;"-  yet  the  Colonial  Authorities  fi'idiii};'  that  the  (lladiator,  whi(!h 
iiad  been  chartered  to  break  a  blockade  established  by  the  United 
States,  would  ])robably  bo  intercepted  by  the  vessels  of  the  United 
States,  permitted  the  car^o  to  be  transshippe<l  into  smaller  steanuMs, 
with  the  avowed  i)urpose  of  breakinjj;  that  blockade  ;  2.  That  Her  .Maj- 
esty's Proclamation  also  inhibiled  IJritish  subjects  from  "carryin;L'-  mili- 
tary stores  uv  materials,  or  any  artich^  or  articles cousi<lered  and  deenu'd 
to  be  contraband  of  war,  accordinj;'  to  tlx^  law  or  nu)deiM>  usajjie  of  na- 
tions, for  the  use  or  service  of  either  of  the  said  coutendiii-,  parties;" 
yet  the  Colonial  Authorities  welc(ane<l  the  (lladiator,  sailin;;  luider  tho 
jiritisli  lla^' with  contraband  of  war  in  violation  of  the  l*idclaniatiou, 
and  permitted  her  to  shift  her  illef^al  carf>o  into  otln  i  vessels,  in  like 
manner  usin{>'  the  IJritish  Hay-  for  the  ])urpose  of  transportiu!'"  it  Lo  and 
on  account  of  a  beli;;;erent.  ."{.  That  Her  ^lajesty's  Pioclamation  inado 
no  nu'ution  of  coal,  and  that  coal  is  not  re^narded  by  Her  .Majesty's 
CJovcvnment  as  an  article  necessarily  contraband  of  war  ;•'  yet  tho 
['2'o2]  (lovernment  of  the  *United  States  was  forbidden  by  tlie  same 
authorities,  in  the  same  week,  to  deposit  its  coal  at  Nassau,  ex- 
cejtt  u[)on  the  conditiou.that  it  would  not  use  it. 

The  United  States  have  no  reason  to  sui>i)ose  that  either  of  these 
partial  decisious  met  with  the  disapproval  of  Jler  Majesty's  Goverii- 
nicnt. 

On  the  contrary,  Earl  Russell,  on  the  8th  of  January,  1<S()2,  in  reply 
to  a  complaint  from  Mr.  Adams  that  tho  port  of  Nassau     compinim^toEnri 

was  used  as  u  depoi  of  sui)plies  by  the  insur^^ents,  otlictially  '"""'"■ '"' ■^•^•''ly- 

informed  that  {Jtentlemau  that  he  had  received  ''  a  re[»ort  from  tho  re- 
ceiver ^'eneral  of  the  port  of  Nassau  statiia/  that  no  icarlikc  stores  hare 
been  received  at  that  /K>/'f,  either  from  (Ireat  Jiritain  or  elsewhere,  and 
that  no  munitions  of  war  have  been  shipped  from  thence  to  the  Conled- 
erate  States."^  The  United  States  with  contiileuce  assert,  in  view  of 
what  has  been  already  shown,  that,  had  I'^arl  llussell  seriously  in(|uired 
into  the  ctmiplaints  of  3Ir.  Adams,  u  state  of  facts  would  luive  been 
disclosed  entirely  at  variance'  w  ith  this  report — one  which  should  have 
impelled  Her  Majesty's  Government  to  suppress  what  was  goinj;'  on  at 
Nassau.  The  foregoing"  facts  were  all  witiiin  the  reach  of  Her  Majesty's 
Government,  although  at  that  time  not  within  the  reach  of  tlie 
[233]  Gov*ernment  of  the  United  States.  Tho  failure  to  discover  them, 
after  Mr..Adams  had  called  attention  to  them,  was  a  ueglec^  of 
the  diligence  in  the  preservation  of  its  neutrality,  which  was  "  due,'^ 

'  Tliompson  to  Whitiug,  Vol.  VI,  payo  45. 

«  Vol.  I,  page  44. 

'Lord  Granville  to  Count  Bernstorff,  15tU  September,  1870. 

*  Kussell  to  Adams,  Vol.  VI,  page  57. 


wr 
hi 


96 


WHEREIN   GREAT  BRITAIN  FAILED   TO 


from  Groat  Britain  to  the  TJnitod  States ;  and  it  taints  all  the  subse- 
quent conduct  of  Great  Britain  toward  the  Uuited  States  during'  the 
strus'jijle. 

On  the  31st  day  of  the  same  month,  instructions  issued  from  the  For- 
e'l^n  Oi'lice,  i)rescribing'  tlie  amount  of  hospitalities  to  be  extended  to 
the  belli};erents. 

These  instructions  have  already  bc;\ii  referred  to.   They  provided  that: 
1.  No  shij)  of  war  or  privateer  of  eitlier  beilij;erent  was  to 
h.4ua'mi'""uri:,e  be  perniitt(?d  to  enter  any  port,  roadstead,  or  water  in  the 
c  .g.MMts.  Bahamas  except  by  s|)ecial  leave  of  the  Lieutenant  Gover- 

nor, or  in  cas(?  of  stress  of  weather;  and  in  case  such  permission  should 
be  given,  the  vessel  was  nevertheless  to  be  recpiired  to  go  to  sea  as  soon 
as  possible,  and  witli  iio  su[)plies  except  such  as  migiit  be  necessary  for 
immediate  use.  2.  No  shi])  of  war  or  j^rivateer  of  either  belligerent 
•was  to  be  i)ermitted  to  use  British  ports  or  waters  as  a  station  or  place 
of  resort  for  any  warlilve  i)iirpose,  or  for  the  purpose  of  obtaining  any 
facilities  of  warlike  eqnipment.  li.  Such  ships  or  privateers  entering 
•British  waters  were  to  be  recjuired  to  depart  within  twenty-four 
hours  after  entran(!e,  except  *in  case  of  stress  of  weather,  or  re-  [231] 
quiring  ])rovisions  or  things  for  the  crew  or  repairs ;  in  which 
cas(;s  tlu^y  were  to  go  to  sea  as  soon  as  possible  after  the  exi)iration  of 
the  twenty-four  houis,  taking  only  the  supplies  necessary  for  immedijito 
use;  they  were  not  to  remain  in  i»ort  more  than  twenty-four  hours  after 
the  completion  of  necessary  repairs.  1.  Sui)plies  to  such  ships  or  pri- 
vateers were  to  be  limited  to  what  might  be  necessary  for  the  subsist- 
ence of  the  crew,  aiul  to  enough  coal  to  take  the  vessel  to  the  nearest 
])ort  of  its  own  country  or  to  some  nearer  destination  ;  and  a  vessel  that 
had  been  sup])lied  with  coal  in  British  waters  could  not  be  again  sup- 
plied with  it  within  British  jurisdiction,  until  after  the  expiration  of 
three  months  from  the  date  of  the  last  su[)ply  taken  from  a  British 
port.^ 

Almost  simultaneously  with  the  announcement  by  Earl  Eusscll  of  an 
Lord paimprHion'a  Imaginary  condition  of  atl'airs  at  iS'assau,  Lord  Palmerstou 
thm.t«.  stated  to  oNIr.  Adams  that  "  it  would  not  do  for  the  United 

States  ships  of  war  to  harass  British  commerce  on  the  high  seas,  under 
pretense  of  i)reventing  the  Confederates  from  receiving  things  tliat  are 
contraband  of  war."-  Thus,  Great  Britain,  in  the  month  of  January, 
1802,  through  Earl  Russell  and  Lord  i^alnu'rston,  and  tlu^  in 
structious  to  the  Admiralty  ex*cluding  United  States  vessels  of  [23.")] 
war  from  the  jiort  of  Xassau.  except  by  ])i'rmission  of  the  Gover- 
nor, virtually  said  to  the  United  States:  *' You  comi)lain  that  the  insur- 
gents make  illegal  use  of  Nassau,  to  your  injury,  in  violation  of  the 
Queen's  rroclaniation,  and  of  our  duties  as  a  neutral.  We  deny  the 
fact;  at  the  same  time  we  exclude  your  vessels  from  that  port,  the  place 
where  you  can  best  establish  I'm',  truth  of  your  allegations,  and  we  warn 
you  not  to  attempt  to  prove  *'  .-.<•  by  examining  too  closely,  on  the  high 
seas,  the  vessels  which  sail  under  the  British  llag." 

Having  now  shown  ho\,'  the  operations  of  the  insurgents  began  at 
Nassau,  and  how  they  Avere  facilitated  by  the  co-operation  and  roniplieity 
of  the  local  authorities,  it  will  not  be  necessary  to  trespass  on  the  i)a- 
tience  of  the  Tribunal  of  Arbitration  by  a  similarly  minute  examination 
of  the  doings  at  that  port  for  the  rest  of  the  year  1802.  Other  vessels, 
freighted  with  contraband  of  war,  followed  the  Gladiator.  The  Econo- 
mist and  the  Southwick  came  closely  upon  her  track,  and  Ileyliger  w;is 


'  Vol.  IV,  page  175. 


'Earl  RussoU  to  Lord  LyouS;  Vol.  II,  p.igo  .Wl. 


PERFORM   ITS   DUTIES    AS   A   NEUTRAL. 


97 


[231] 


of  an 

crstou 

United 

undiT 

iit  are 

imiavy, 

:    [23^] 


le  liiyli 


S,'an  at 
l)li('ity 
lie  pa- 
lation 
essels, 
Kcono- 
er  was 


directed  to  do  with  their  earj>oes  as  lie  had  done  with  tlie  Gladiator's.' 
Jliise  was  also  instructed  to  continue  his  purchases,  and  to  send  to  the 
West  In«lia  Islands,  where  tlie  steamers  could  break  l)ulk.^  nuse 
[230]  called  tlie  attention  of  his  i)rin*cipals  to  the  elticiency  of  the 
blockade;  said  that  the  vessels  which  brouj^ht  the  cargoes 
across  the  Atlantic  could  not  enter  tlie  blo(;kaded  ports;  urged  them  to 
continue  the  system  of  transshi])nient;  and  complained  of  the  activity 
of  the  United  States  ofticials.''  It  was  considcreil  important  to  haves  a 
jiaval  olliciir  in  charge  of  the  transshipments,  and  Maflitt  was  detailed 
for  the  purpose.'*  He  arrive<l  there  on  or  about  the  21st  of  May,  and 
reported  that  he  had  assumed  commaudof  tlie  Manassas,  [Florida ;]  which 
liad  arrive<l  there  from  Liverpool  on  the  2<Sth  day  of  April ;  said  that 
his  "ambition  was  great;"  and  jnomised  to  give  "annoyance  to  the 
enemy.'"'''  In  May  the  supply  of  <!oal  for  the  insurgent  vessels  fell  short, 
;iiid  Ileyliger  went  to  IJcrmuda.  to  buy  some."  The  steps  taken  about 
this  time  for  the  detention  of  the  Florida  Avill  be  alluded  to  later. 

The  cargoes  of  contraband  of  war  that  were  thus  transshipped  were 
entered  on  the  manifests  as  for  St.  John's,  New  IJrunswick.     c.n.^inmioiw.r 
It  could  not  but  have  been  well  known  at  the  custom-house  ^as-i!^-!u%/'i\M^!, 
that  this  was  a  fraud;  yet  the  customs  authorities  winked  """'• 
at  the  fraud,  and  gave  the  vessels  clearances  as  British  vessels  sailing 

for  Uritish  ports.' 
[237]  *irey]iger  continued  to  rc])ort  the  transshipment  and  forward- 
ing of  these  arms  and  military  su[)i)lies.  He  noticed  the  arrival 
and  departure  of  the  "  Kate,"  and  other  vessels,  on  account  of  the  in- 
surgent authorities,  and  on  the  2(>th  of  July,  18(52,  he  reported  that  the 
"Steamer  Scotia,  a  private'  venture,"''  was  about  to  leave  with  a  large 
sup])ly  ot  rifles,  i>owder,  and  other  ammunition,  lie  did  not  rei)ort  any 
other  "[irivate  venture,"  so  far  as  known  to  the  United  States. 

The  opei'ations  of  Iluse  <luriiig  this  year,  and  his  shipments  through 
Ileyliger,  are  detailed  as  follows  in  a  letter  to  Colonel  (Jor-  ,..„„,„„  ,,^^  ,,,,. 
gas,  insurgent  Chief  of  Ordnance,  to  the  insurgent  Secre-  ^"^  '^"^ 
tiiry  of  War,  dated  December  3, 1802.''  "  The  purchase  of  oidnance  and 
oi'dnance  stores  in  foreign  markets  on  Government  account  are  nmde 
by  Major  Caleb  lluse,  C.  S.  Artillery,  who  n^sides  in  London,  and  whose 
iiddress  is  No.  38  Clarendon  lioad,  Xotting  Hill,  London,  West.  3hiJor 
]lus(;  was  detailed  for  this  <luty  in  Ajiril,  1801.  *  *  *  i[(.  ii;,s  pwy. 
chased  arms  to  the  amount  of  ir)7,<HM),  |stan<ls?j  and  lai'ge  quantities  ot' 
gunpowder,  some  artillery,  infantry  eciuipnieiits,  harness,  swords,  per- 
cussion cajis,  saltpeter,  lead,  <S:c.  In  addition  to  ordnance  stoics. 
[238]  using  a  rare  forecast,  he  has  jiurchased  and  *shipi)ed  large  suii- 
liliesof  clothing;  blankets,  cloth,  and  shoes  for  the  (luartermaster's 
department,  without  sjiecitic  orders  to  do  so.  *  *  To  pay  for  these 
l)ui'chases,  I'unds  have  been  from  time  to  time  sejit  to  him  by  the 
Treasury  Department,  on  requisition  from  the  War  L^epartinent. 
amounting  in  the  iiggregate  to  .s3,00r),  1 3D  18.  These  have  been 
wholly  inadequate  to  liis  wants,  and  have  fallen  far  short  of  our 
re(iuisitions.      He  was  consequently  in  debt  at  latest  advices  to  the 

'  Uenjamiii  to  lloyli^ci',  22i]  Marcli,  18('c2,  Vol.  VI,  paj^e  71. 
2  JJonjdiiiiii  to  llim',  lUMi  .Mareli.  I8i;-J,  Vol.  VI,  pa^v,  08. 
>*  Huso  to  (loij^as.  t,')lh  Manii,  !:!()>,  Vol.  VI,  pa-joGD. 
••KaiKlolph  to  llovligtM',  lllli  April,  1H(W,  Vol.  VI,  pa  ye  72. 
f'M.nllitt  to  Kaiulo"li)li.  '^Ist  Mav,  Ifc'ti^,  Vol.  VI,  pajro  eiJ. 
•■•H«'vli;,'cr  to  Uamlolpli.  '^Htli  .liiiip,  I8()'i.  Vol.  VI,  pafjo  87. 
"Han ley  to  .Soward,  i>7tli  .Jiiiii',  lfO;{,  Vol.  VI,  page  1"^7. 
^llcylijicr  to  K  i  iilol);li,  Vol.  VI,  paj;;o  92. 
9Gor«,'a,s  to  Seddon,  Vol.  VI,  paye  104. 

S.  Ex.  31 7 


98 


WHEREIN    GREAT   BRITAIN    FAILED   TO 


^n 


;  li. 


amount  of  £444,8r>0,  a  sum  oquiviilonf,  wliou  the  value  of  cxclmnjio  is 
eonsi(k''<'d,  to  8'">,i'-">,40L'  of  oui-cuneiicy.  *  *  .An  a^ent,  Mr.  Norman 
S.  Walker,  was  lately  (lis[)atelie(l  with  8-MI<)0,000  i;i  bonds  of  the  Coii- 
feih'iatc  States.  The  instructions  to  Mr.  Walker  direct  him  to  return 
to  IJernuuhi,  after  the  disposition  of  the  honds  in  En^'land,  and  aiter 
conference  with  !Major  lluse.  lie  is  to  r<Mnain  there  as  a  resident  dis- 
bursing; agent,  and  is,  in  conjunction  with  Mr.  vS.  G.  Porter,  charged 
with  the  transfeis  of  the  cargo  of  the  '  Harriet  Pinkney,'  now  tliere,  and 
other  ships  hereafter  to  arrive,  to  the  ports  of  tlic  Confederate  States. 
*  *  *  xV  large  part  of  the  cargoes  have  been  landed  at  Nassau,  and 
thence  transmitted  to  the  ports  of  the  Confederate  States  in  fast  steam- 
ers. Their  destination  has  lately  been  changed  to  Ijermuda,  where  sev- 
eral most  valuable  cargoes  are  now  awaiting  transjtortation.  It 
appears  to  me  to  be  the  ai)pro*priate  <luty  of  the  Navy  Dcitart-  [230] 
ment  to  assist  in  the  running  in  of  these  cargoes ;  but  if  the  burden 
of  it  is  to  be  borae  entirely  by  the  War  DepartnuMit,  it  is  highl3-  im- 
portant that  light-draught  steanu*rs  shoidd  be  purchased,  and  used  solely 
lor  the  transi)ortation  of  cargoes  Irom  Pernnida." 

This  change  to  licrmuda  had  been  recommended  by  ITuse  in  the  pre- 
Ba,e  .iK,ne,i  i«  vlous  August.^     TIic  rcr.sou  given  was  that  "the  port  of 
ikn,iud;i.  Nassau  had  beconui  dangerous;''  and  he  had  ap[)ointed  as 

agent  there  "  Mv.  S.  (J.  Porter,  a  gentleman  highly  reconsmcnded  by 
Commander  J.  D.  Bullock."  Gorgas  incjuired  of  the  insurgent  Secre- 
tary of  War  Avhether  IJuse's  appointment  of  Porter  should  be  ap- 
proved,- and  the  rejily  is  to  be  found  in  the  above  extract.  Walker 
went  tlierc  before  January  1,  180.),'  and  on  the  Oth  day  of  February, 
lS(}o,  it  was  reported  that  Pernnula  was  a  good  depot  for  the  purjjose, 
and  that  the  insurgent  authorities  "had  then  three  steamers  running 
there."^ 

Having  thus  shown  that  the  branch  of  the  insurgent  War  Dei)art- 
nient  established  in  Great  J3ritain  had,  during  tlie  years  LSdl  and  ]S(>2, 
pui'chasedarms,  anununition,  and  sup[)lies  to  the  anu>unt  of  about 
nine  ndllions  of  dollars,  and  that  the  branch  tf  their  Treasury  [240] 
established  at  Liveipool  liad  during  the  same  tinu^  i)aid  on  ac- 
count of  these  purchases  over  tluee  millions  of  dollars,  and  that  vessels 
either  belonging  to  or  «'hartered  by  the  insurgent  authorities  were  oecn- 
l)ied  as  transports,  (in  violation  ((f  the  Foreign  I'^nlistment  Act  of  181!>,) 
in  carrying  this  large  (luantity  of  war  material  from  Urilisli  ports  to  the 
insurgents,  and  in  bringing  back  cotton,  tlie  projierty  of  the  insurgent 
authorities  to  be  used  in  making  payments  therefor,  it  is  now  necessary 
to  see  what  the  branch  of  their  Navy  Department,  under  the  direction 
of  Bullock,  was  engaged  in  during  tlie  same  period. 

The  United  States  are  not  able  to  trace  these  transactions  with  the 
minuteness  with  which  they  have  been  able  to  narrate  the  doings  of 
Huse  and  Heyliger.  The  correspondence  of  those  who  assumed  to 
direct  the  naval  atiairs  of  the  insurgents  has  not  come  into  the  posses- 
sion of  the  United  States,  a->  did  the  conlidential  correspondence  of 
other  agents  heretofore  cited.  Bullock's  operations,  however,  were  on 
so  large  a  scale  that  it  will  not  be  diiycult  to  follow  him.  In  doing  this 
the  Uinted  States  will  continc  themselves  to  general  statements,  reserv- 
ing the  ])articulars  for  the  remarks  that  will  be  made  ui)on  the  career  of 
each  cruiser. 

'  Huso  to  Gorgas,  4th  iVnjjiisf,  IHG2,  Vol.  VI,  page  93. 
*  Gorgas  to  Raiuloliili,  1st  l^ovouibiT,  1662,  Vol.  VI,  pago  103. 
'Gorgas  to  Huso,  1st  January,  ISti'A,  Vol  VI,  pago  107. 
'Gorgas  to  Huso,  'Jtli  February,  1803,  Vol.  VI,  page  111. 


PERFORM   ITS   DUTIES   AS    A   NEUTRAL. 


99 


[211] 


Biillook,  as  lias  boon  said,  established  himself  in  Liverpool  in 
the  suinmer  of  ISOl.  The  U.iited  *States  (.'onsiil  re-  wu,,*.,.  .i..n^,,t 
ports  hiiii  on  the  2()th  of  September  as  "residing  in  ''"■ni'..Myi:"ii.„k. 
private  lodi^inji's  in  Liverpool,"  and  as  beinjr  "chiefly  in  eoniniunieafion 
"itli  Fraser,  Trenholin  »S:  Co.,  whose  ollice  he  visits  daily."  J'rioh'an, 
one  of  the  tirui  of  Fraser,  Trenholtn  &  Co.,  says  that  he  occupied  lor  a 
vciir  after  his  arrival  a  room  in  their  otlice,' 

It  is  probable  that  as  eai'ly  as  October,  ISO],  he  had  made  the  con- 
tracts for  the  two  gun-boats  which  were  afterward  known  as  the  Florida 
and  the  Alabama.  The  drawings  of  the  Alabama  were  sigr.ed  by  the 
Lairds,  Avho  built  her,  on  the  Otli  of  October,  LSGl.  The  United  States 
have  im  means  for  determining  th<^  date  when  the  contract  was  made 
with  Fawcett,  Preston  &  Co.,  for  the  Florida.  Tiu'ir  Consul  at  Liver- 
j)ool  has  stated  that  on  his  arrival  at  the  con  ulate  in  Novemliei-,  lS(il, 
his  attention  was  called  by  the  acting  coiisul  to  this  vessel,  then  ealle«l 
the  Oreto,  and  to  tlie  Alabania.  It  is  ch-ar,  tlierefore,  that  tlie  work 
was  ailvanced  at  that  time.'*  Prioleau  also  testifies  that  he  introduced 
Bullock  to  Fawcett,  I'restou  &  Co.,  for  the  purpose  of  making  the  con- 
tract for  the  Flori«la.'' 
By  the  4tli  of  February,  1802,  the  Florida  was  so  uearly  completed 
that  the  Consul  at  Liverpo(d  wrote,  "  She  is  now  tak- 
[242]    ing  in  her  eoal,  and  api»ear*aiu'es  indicate  that  she 

w  ill  leave  here  the  latter  ])art  of  the  week  ,\  ithout  her  armament." 
Pier  gun-carriages  were  soon  taken  on  board,  in  pieces,  sonu:'  in  a  rough 
state,  and  wen;  put  in  the  held,'  and  a  day  or  two  later  she  received  her 
provisions,  au<l  the  crew  was  slopped.  The  steamer  Jjahama  preceded 
her  by  a  few  days  with  her  armament,  but  reached  Nassau  alter  her. 

When  the  Florida  sailed  she  took  a  crew  of  :i'ty-two  men  and  some 
guns,''  and  was  in  every  respect  a  man-of-war  except  that  her  armament 
',as  not  in  place.  It  was  conclusively  shown  at  Nassau  that  she  might 
have  been  lifted  for  battle  in  twenty-four  hours  after  leaving  the  dock 
i.i  the  ]\Iersey.'' 

The  vessel  in  thar  condition  was  consigned  by  Bullock  to  ITeyliger.' 
The  connection  of  Bullock  with  the  vessel  from  the  beginning  is  estab- 
lished by  this  act,  as  well  as  by  the  evidence  of  Prioleau.  The  coniu'c- 
tion  of  Fraser,  Treidiolm  &  Co.  is  shown  by  the  admission  of  Prioleau, 
and  by  the  fact  that  a  mend)erof  that  lirm  accompanied  heron  her  trial 
trip  and  on  her  departure." 

3Ir.  Adams  ealle^l  the  attention  of  Earl  Tlussell  to  the  charac- 
[24;]]  ter  and  destination  of  this  vessel  on  *the  2!)th  of  February,  and 
again  on  the  L'oth  of  J^Lu•ch,  1801.  Her  ^Majesty's  Cloveinment 
had  ample  time  to  ascertain  her  character  and  to  detain  lu'r.  They  did 
go  through  the  form  of  an  examination  which,  seen  in  the  light  of  sub- 
se(]iuMit  events,  reads  like  a  laree." 

The  work  on  the  Alabama  i)rogressed  more  slowly  than  that  on  the 
Florida,  possibly  because  it  was  a  larger  vessel.    She  was 
launched  on  the  loth  of  j\Iay,  and  made  her  trial  tri[)  on  the 
12th  of  June.'"    "  The  money  for  her  was  advanced  by  Fraser,  Trenliolm 

'  Vol.  VI,  page  185.  ~~ 

*  Dudley  to  Edwards,  Vol.  Ill,  page  17. 

3  Dudley  to  Sewiu-d,  Vol.  VI,  page  ISO. 

■•  Dudley  to  Seward,  Vol.  II,  page  olCJ. 

"Report  of  Board  of  Ciistoins,  Vol.  II,  page  r)05. 

"Captain  HicUlev's  affidavit,  Vol.  VI,  pagoi>0:J. 

THeyliger  to  Randolpli,  ad  May,  ISm,  Vol.  VI,  page  76. 

8  Dudley  to  Edwards,  Vol.  Ill,  page  17. 

a  Vol.  II,  pag(!8  .fiOrj  and  004. 

'0  Dudley  to  Seward,  Vol.  Ill,  page  1. 


Tlie  Alabnma 


'liM 


ill  I 


100 


WHEREIN   GREAT   BRITAIN   FAILED   TO 


&  Co."'  Captain  Bullock  was  "all  the  time  in  coinmnnication  with 
Fawcett,  Treston  &  Co.,  who  fitted  out  the  Oreto,  and  with  the  Lairds, 
who  were  tittiug  out  this  vessel,"  and  went  "almost  daily  on  board  the 
gun-boat,  and  seemed  to  be  recognized  :,s  in  authority."  It  was  even 
said  in  Liverpool  that  he  Avas  to  command  her.^  Mr.  Adam."-^,  on  the 
2'M  of  June,  invited  Earl  llussell's  attention  to  this  vessel,  and  an  ex- 
.amination  was  (udered.  The  examiners  reported  to  the  Lords  Commis- 
sioners of  Her  Majesty's  Treasury  that  it  was  "  most  apparent  tliat  she 
is  intended  for  a  sliip  of  war,"  and  that  "  the  description  of  her 
in  the  communication  of  the  United  States  Consul  is  *most  cor-  [24-i] 
re(;t,  with  the  exception  that  her  engines  are  not  constructed  on 
the  oscilhU(M\y  principle."^ 

The  evidence  of  the  criminal  character  of  the  vessel  became  so  over- 
whelming that  Her  ^Majesty's  Governnient  was  at  lengtii  induced  to  give 
an  order  for  her  detention.  Beibre  the  order  reached  Liverpool  she  Iiad 
escaped.  She  ran  down  to  Moelfra  Bay,  on  the  coast  of  the  Lsle  of 
Anglesey,  and  there  took  on  board  twenty  or  thirty  men  from  the  tug 
Hercules,  with  the  knowledge  of  the  British  ollicials  at  Liverpool.  She 
then  sailed  to  the  Azores,  where  she  was  met  by  the  Agrijjpina  from 
London  and  the  Bahama  from  Liverpool.  These  vessels  brought  her 
ollicers,  her  armaments,  and  her  coal.  The  transshipments  were  made, 
and  then  the  British  ensign  was  hauled  down,  and  the  insurgent  flag 
hoisted. 

It  is  not  deemed  necessary  to  examine  further,  in  this  connection,  the 
evidence  showing  the  palpable  (ihaiacter  of  this  vessel,  especially  as 
liOrd  Ivussell,  in  the  course  of  the  discussion  which  ensued,  admitted 
that  "  it  is  undouhU'AUj  true  that  the  Alabama  iras  parth/  fitted  out  in  a 
JJritish  7)orf."*  That  eviden«'e  will  be  discussed  more  at  length  in  its 
appropriate  place.  For  the  present,  the  United  Stales  only  aim 
to  satisfy  the  Tribunal  that,  tiagrant  *j;s  was  the  violation  of  neu-  [245] 
trality  in  the  case  of  the  Alabama,  it  was  but  a  pavt  of  the  great 
scheme  which  was  set  on  loot  when  Huse,  Bullock,  and  Fraser,  Treu- 
holm  «&  Co.,  combined  together  in  Liverpool. 

The  operations  of  Cai)tain  Bullock  were  manifest  about  this  time  in 
The  Sumter  at  H'^itc  auothcr  (juarter  of  the  globe.    The  insurgent  steamer 
G!,r,!ie..  Suuitcr  put  luto  Gibraltar  in  January,  18(!2,  out  of  coal, 

and  not  being  able  immediately  to  obtain  any  was  obliged  to  remain 
thereuntil  United  States  men-of  war  arrived  in  those  waters.  Deeming 
it  impossible  to  escape  she  was  then  offered  Ibi*  sah',  and  when  the  sell- 
ers came  to  make  title,  the  otlicer  in  charge  produced  "a  i)ower  of  attor- 
ney from  a  <;ertain  Bullock,  who  styles  himself  senior  naval  oilicer  in 
Eiiroi>e."^  (iieat  Britain,  in  spire  of  the  piotests  of  the  United  Stateii 
oihcials,''  pel  milted  a  sale  to  take  place,*  and  it  is  not  improbable  that, 
it  the  sale  was  bonajidc,  the  money  went  to  the  insurgent  agents  to  swell 
the  fund  for  the  payment  of  the  Alabama  and  the  Florida,  then  in  the 
Mersey. 

■NYhen  the  Florida  reached  Nassau,  it  was  again  found 
necessary  to  depend  upon  the  Liver[tool  combination  for 
funds. 

The  insurgent  Secretary  of  the  Xavy  making  *application  to    [2-IOJ 


The  Florida  at 
Na^»uii. 


'  Diulloy  to  Eilwards.  Vol.  Ill,  pagt  18. 
'Dudley  to  Aduiiis,  Vol.  Ill,  page  G. 
^l.eport  of  IJoard  of  Cii.stom!«.  Vol.  Ill,  page  7. 
••Earl  KussiH  to  Mr.  Adams 

5  1 


Earl  KussiH  to  Mr.  Adams,  'iiUli  8i-i)tciiilti  r,  1804,  Vol.  Ill,  page 
HinajjiU'  to  Adams,  Otli  Dett'iidHr,  l!^&2,  Vol.  II,  page  507. 
.Si>rajj;ue  to  Fri'"liii<;,  Vti5.  II,  pagr  oil. 


299. 


bpragne  to  Adams^  Vol.  II,  page  515 


PERFORM   ITS  DUTIES  AS   A  NEUTRAL. 


101 


thoir  Secretary  of  the  Treasury  for  fifty  thousand  doUars,  to  fit  out 
and  equip  the  C.  S.  Steamer  "Manassas,"  [Flori«hi,]  "now  at  ^Nas- 
san,"'  was  answered  that  "the  Department  had  funds  in  l^nglaud,"' 
and  that  he  coukl  have  "  a  bill  of  exchanjje  on  Enjyhuid  for  the  amount 
required."*  MaUory  aceei)ted  tlie  sugjifestioii,  and  requested  ^Memminger 
to  "  transmit  to  Nassau,  throuj^jh  JNIessrs.  J.  Fraser  &  Co.,  of  Charleston, 
a  bill  of  exehanpfe  in  favor  of  Lieutenant  John  N.  M;  {Utt,  for  lilty  thou- 
sand dollars,  ($50,000,)  or  its  equivalent  in  pounds,"^  which  was  done. 

The  construction  and  dispatch  of  these  vessels  were  by  no  means  all 
that  was  planned  in  Liverpool  during  that  year.  Ou  tlie  r.M„™t-.iwr ..,.,. 
21st  day  of  August,  1802,  MaUory,  the  insurgent  Secretary  clX.""' 
of  the  Navy,  wrote  Mr.  Jetterson  Davis:  "Acoj»tra(!t  has  been  made 
for  ike  construction  abroad  and  delivery  of  six  iron-clad  steam-vessels  of 
war,  upon  jdana  and  specifications  prepared  by  this  departnuMit,  which, 
with  the  outfits  to  be  furnished,  together  with  six  complete  extra  engines 
and  boilers,  are  estimated  to  cost  about  $.'3,500,000."*  Tlje  estimates  an- 
nexed to  this  letter  are  to  the  same  amount.  Thus  it  ai)pears 
[247]  that,  before  the  1st  of  *January,  1803,  Bullock  had  dispatched  from 
Great  Britain  two  formidable  cruisers,  the  Alabama  and  the 
Florida,  to  prey  ui)oi'.  the  commerce  of  the  Unite<l  States,  had  sold  an- 
other cruiser  at  Gibraltar,  and  had  possibly  turned  the  proceeds  into 
the  Treasury  of  the  insurgents,  at  the  office  of  Fi-aser,  Trenholm  «S:  Co., 
and  had,  by  himself  or  through  another  agent,  nnide  some  sort  of  a  con- 
tract for  the  construction  of  six  ironclads ;  and  that  Fraser,  Trenholm 
&  Co.  had  provided  the  funds  for  these  vessels,  and  also  for  what  was 
necessary  in  order  to  complete  the  fitting  out  of  the  Florida  at  Nassau. 

Before  proceeding  further  in  this  history,  it  is  better  to 
pause  to  take  note  of  two  other  acts  of  the  Colonial  Author- 
ities, which,  so  tar  as  known,  were  not  censured  by  Great  Britain.  The 
first  of  these  was  the  hospitality  extended  to  the  Sumter  in  Trinidad,  in 
August,  1801.  She  was  allowed  to  remain  five  days  in  port,  and  to 
"  supply  herself  with  coals  and  other  necessary  outfits."^  The  second  ease 
was  tlie  reception  of  the  Florida  at  Nassau,  in  18(>;].  The  Florida  steamed 
into  Nassau  on  the  morning  of  the  20th  of  January,  in  that  year.  What 
took  place  is  thus  described  by  an  insurgent  writer:   "This     nw  Fh.rid:.  i,t 

seems  to  be  our   principal   port  of  entry,  and  the  ^' " " 
[248J    amount  of  nuniey  *we  throw  into  the  hands  of  the  Nassauites  proh- 
ably  inliuenees  their  sentitnents  in  our  i'avor.     Wc  tooJc  on  board 
coal  and  proi'isiom  to  last  us  for  several  montlts.^-*^ 

This  history  has  now  arrive<l  at  the  time  when  the  United  States  were 
in  a  position  to  confirm  to  Great  Britain  all,  and  more  than 
all,  that  Mr.  Adams  had  represented  to  Earl  Bussell  as  to 
tlie  course  of  the  insurgents  in  Liveip'»ol,  and  to  place  in 
the  hands  of  Her  ?^  ''^sty's  Government  the  thread  for  the  discovery  of 
all  the  violations  of  iJritish  sovereignty,  and  of  all  the  injuries  to  the 
United  States  perpetrated  on  Britisli  soil,  which  have  been  set  forth  in 
this  paper.  On  the  10th  of  January,  1803,  Mr.  Seward  transmitted  to 
Mr.  Adams  "  a  copy  of  some  treasonable  correspondence  of  the  insur- 
gents at  liichmoud,  with  their  agents  abroiul,  which  throws  a  fiood  of 


Til""   Sumter 
Tniii. 1,1,1. 


Mr.  AtluiiH  ropn'- 
sfiirn  ttu-  liir''R>.iiii 
fmt.i  Hi  Karl  Uims.ll. 


'  MaUory  to  Mcmminser,  SOth  May,  18(52,  Vol.  VI,  pago  84. 
-  .Meimiiinger  to  MaUory,  27th  May,  18(52,  Vol.  VI,  85. 
'MaUory  to  Moiiiuiinge'r,  27tii  May,  18(52,  Vol.  VI,  page  85. 

M'ol.  VI,  pa^e  UG.   Sec  also,  ou  the  same  iwiut,  MaUory  to  Mason,  30tli  October,  1862, 
Vol.  I.  ]y.{i^c>  57;}. 
' Hiriiaid  to  Sew.nrd,  Vol.  II,  page  4R5. 
"^Jouniul  of  Coufcderato  Steamer  Florida,  Vol.  VI,  pago  335. 


102 


WliEREIN   GREAT   BRITAIN    FAILED   TO 


V,i| 


i  ■ 


liglit  upon  tlic  iiaviil  i)ioi»iirations  tliov  are  lujikiujr  in  Great  Britain."' 
On  the  lltii  day  of  February,  180.5,  ]Mr.  Adams  inelosed  this  eonesijond 
enee  to  I'^arl  Jlussell,  with  a  note  in  which  he  said — what  conhl  be  said 
witliout  the  least  exa^^ficration — ''These  i)ai)ers  g'o  to  show  a  deliberate 
attempt  to  establish  wjlliin  the  limits  of  this  lvinj;(loin  a  system  of 
action  in  direct  hostility  to  the  Government  «)f  the  *Unite<l  States.  [240] 
This  plan  end>races  not  oidy  the  buildinj;  and  tittin*;'  out  of  several 
ships  of  war  under  tlie  tlirection  of  aj>ents  especially  commissioned  for 
tlie  purpose,  but  the  i)reparation  of  a  series  of  measures  under  the  same 
ausi»jees  lor  the  obtaining;'  from  Her  Majesty's  subjects  the  pecuniary 
means  essential  to  the  exe(;ution  of  those  hostile  projects.  ♦  *  * 
Taken  as  a  whole,  these  i)apers  serve  most  conclusively  to  show  that  no 
respect  whatever  has  been  i)ai(l  in  her  own  realm  by  these  i)arties  to  the 
neutrality  de<'lared  by  ller  Majesty  at  the  outset  of  these  hostilities; 
and  that,  so  far  as  may  be  in  their  power,  they  are  bent  on  makin<ji'  her 
l\.in};<lom  subservient  to  their  purpose  of  conducting  hostilities  against 
a  natii)n  with  which  she  is  jit  peace."^ 

Lord  Itussell  delayed  his  iinswer  to  this  oomnninication  exactly  one 
T.nr.i  Unwell  .u-  nioutli.    Ou  tlie  Dtli  day  of  ]\Iarch,  1<S(»;5,  he  made  a  rejjly, 
c!.,.i  :,.:,.•„  the  substance  of  which  was  that  Her  JMajesty's  Government 

■would  not  exani'ine  into  the  truth  of  ^Ir.  Seward's  and  ]\Ir.  Adams's  alle- 
gations, because,  even  if  they  were  true,  the  i»apers  which  had  been  sub- 
mitted l>y  ]Mr.  Adams  went  "merely  to  show  that  the  agents  of  the  so- 
called  Confederate  States  resident  in  this  country  [Great  liritain] 
have  received  instructions  irom  their  own  Government  *to  en-  [250] 
deavor  to  raise  money  on  securities  of  that  Government  in  Eng- 
land, and  to  enter  into  contracts  for  the  purchase  of  munitions  of  war, 
and  for  the  building  of  iron-clad  vessels;  but  there  is  no  proof  in 
these  papers  that  the  agents  referred  to  have  as  yet  brought  themselves 
within  the  reach  of  any  criminal  law  of  the  United  Kingdom."^ 

In  order  fully  to  comprehend  the  force  of  this  answer,  it  is  necessary 

imffi,  •vri  ti,-  ^**  ''^^'^  ^^'^  Tribunal  to  pause,  for  the  purpose  of  inijuiriny 

F..m8."''i:'ni,»unti'ri  iuto  w  luit  had  taken  place;  between  the  two  Governments 

as  to  alleged  defects  in  the  Foreign  Enlistment  Act,  and  as 

to  the  necessity  of  amending  it  so  as  to  give  the  Government  greater 

powers. 

It  was  found  when  the  Foreign  Enlistment  Act  of  1819  came  to  be 
put  into  oi)eration,  under  the  direction  of  a  Government  inspired  by  un- 
friendly feelings  toward  the  United  States,  that  there  were  practical 
and  multiplying  ditliculties  in  the  way  of  using  it  so  as  to  prevent  the 
departure  of  the  cruisers.  Earl  llussell,  as  early  as  March,  1802,  in  re- 
ply to  an  earnest  re[)resentation^  made  by  Mr.  Adams  under  instructions, 
said  that  "  the  duty  of  nations  inamity  with  each  other  is  not  to  suj^cr  their 
good  faith  to  he  violated  by  ecil-disposed  persons  ivithin  their  borders,  merely 
from  the  inefjiviency  of  their prohihitory  jwliey.''''^ 

*  Within  a  few  months  after  this  the  Alabama  escaped  from  the    [2ol] 
port  of  Liverpool,  and  never  returned.    The  openness  and  the 
audacity  with  which  this  was  done  seemed  at  one  time  to  induce  the 
British  Cabinet  to  entertain  the  idea  of  amending  the  Foreign  Enlistment 
Act. 

On  the  19th  day  of  December,  1802,"  Lord  Russell,  iu  reply  to  what 

*  Seward  to  Adams,  Vol  I,  page  546. 

*  Adams  to  Russell,  Vol.  I,  page  562. 
3Vol.  I,  page578. 

*  Adams  to  Rnssell,Vol.  I,  pr  ^o  30. 

•^  Russell  to  Adams,  Vol.  I",  page  5;J3. 
"  Russell  to  Adams,  Vol.  I,  page  067. 


PERFORM   ITS   DUTIES   AS   A   NEUTRAL. 


103 


he  callod  Mr.  Adiiins's  "doniiiiul  for  a  more  offoctivo  prevention  for 
tlje  fiiiue  of  the  fitting;  out  of  sneli  vessels  from  IJiiiisli 


i)()rts,"iiil'»rme<l  liiui  that  Her  Majesty's  Govermiient  were  ^';p^]^"^i""^*'' 
of  ''Opinion  that  certain  anieiKlnients  niigiit  l>e  nitro- 
daced  itilo  the  Foreij^n  Enlistaient  Act,  whieli,  if  sanctioned  hy  I'ar- 
haau'Ut,  wonhl  have  the  elVect  of  ^ivinj;-  jireater  i)o\ver  to  the  l']xecn- 
tive  to  prevent  the  construct  inn  in  liriti.sh  ports  of  ships  destined  for  the  tise 
of  l>el  line  rents. ''^  lie  also  said  that  he  was  ready  at  anytime  to  confer 
with  >ir.  Adams,  and  to  listen  to  any  suujjfestions  which  he  nn<;ht  have 
to  make  by  which  the  liritish  Foreij^n  l-^nlistnuMit  Act  and  tlici  corre- 
spondinj;  Statnte  of  the  United  States  miyht  be  made  more  elHcient  for 
their  purpose. 

:\Ir.  A(lams  communicated  with  his  Government,  and,  having  obtained 
instructions,  inlbrnn'd  Lord  liUssell  that  his  "sn,iiestions  of 

possible  amendments  to  the  enlistment  laws  in  oidL'rto  h,,  ,ii,.,  („.-,,t  i)..i. 
[252]  make  *them  more  effective  liad  been  favoi-ably  re- 
ceived. Althonyh  the  law  of  the  United  States  was  considered 
asof  verysntlicient  vi,uor,the  (Jovernmentwere  not  nnwillin;;- to  consider 
proiH)sitions  to  improve  upon  it."  Lord  linssell  replied  that,  since  his 
note  was  written,  the  subject  had  been  considered  in  Cabinet,  and  the 
Lord  Chancellor  had  exi)ressed  the  opinion  that  the  Uritish  law  was 
sufllciciitly  elfective,  and  that  under  these  circumstances  he  did  not  see 
that  he  could  have  any  ehanjie  to  inopose.^ 

The  United  States  jire  unabi;'  to  state  what  amendments  to  the  For- 
eijiu  Enlistment  Acts  of  the  two  countries  the  J5ritish  Government  mi,i4ht 
have  ))n)posed  had  they  not  chau;;ed  their  minds  between  J)ec(Mnbei', 
18(12,  and  ]\larch  18(i;>.  It  is  to  be  i)resumed,  from  the  use  of  the  wortl 
'■^construction''''  in  Lord  ItusselTs  note,  that  it  was  in  contem])lation  to 
make  some  proposition  to  remedy  a  sup])nsed  defect  in  the  liritish  stat- 
ute as  to  the  construction  t)f  a  vessel  intended  to  carry  on  war,  as  dis- 
tiufiuished  from  the  ^^  cquippinr/, /urnishinfi,fittinfi  ovt,orarmin<f  such  a 
vessel.  It  was  understood  to  be  the  opinion  of  the  IJritish  lawyers  that 
the  construction  of  such  a  vessel  was  not  an  offense  under  the  act 
of  1810.  It  is  also  possible  that  Tier  ^Majesty's  Government  may 
[loo]  have  *desired  to  {>ive  the  Executive  in  Great  Britiiin  somt!  jxtwer 
similar  to  that  possessed  by  the  Executive  of  the  United  States 
for  the  arrest  of  vessels  so  constructed.  As  the  ])roposal  for  nej>(»tiatioi:8 
on  the  subject  was  withdrawn,  it  is  impossible  to  do  more  than  conject- 
ure what  was  contejnplate«l. 

From  the  hour  when  Lord  Ituss(>ll  informed  ^Ir.  Adams  that  the  Lord 
Chancellor  was  satislied  that  the  British  laws  were  sutiieiently  elfective, 
the  British  Government  resisted  every  attempt  to  change  the  biws  and 
give  them  mory  vigor. 

3Ir.  Adams  again,  on  tlie  20th  of  INfarch,  1803,  sought  an  interview 
with  Lord  llussell  on  the  subje(;t  of  the  rebel  hostile  opera-  vn,v^.\x^m^.  r.-- 
tions  in  British  territory.  \Vhat  toolc  jdace  there  is  de-  -"^"^'i""-!  •i"!"""' 
scribed  by  Lord  IJussell  in  a  letter  written  on  the  following  day  to  L()r<l 
Lyons  :^  "With  respect  to  the  law  itself,  Mr.  Adams  said  either  it  was 
sufficient  for  the  ])urposes  of  neutrality,  and  then  let  the  British  Gov- 
ernment enforce  it;  or  it  teas  insufjieicnt^  and  then  let  the  British  Govern- 
incnt  apply  to  Parliament  to  amend  it.    I  said  that  the  cabinet  were  of 


'  Adiinis  to  Sowanl,  Vol.  I,  pagt;  fi()8. 

''Vol.  I,  piiHc  iJf^*J'    S<'i;  iilf*i»  i^b-  Iliumnoiul's  letter  to  Messrs.  Lamport  and  Holt  and 
otlieis,  Vol.  1,  page  (iOi;  also  Lord  raliuerstoa's  speech  already  cited,  Vol.  IV,  pago 


•H 


F 


104 


WHEREIN   GREAT  BRITAIN    FAILED   TO 


Opinion  that  the  law  was  sufTicient,  lint  tliat  legal  ovideneo  conld  not 
always  bo  jjiocnrotl ;  that  the  British  Goveinmont  had  done  everything 
in  its  i)o\ver  to  execnte  the  law,  hid  I  luJmitied  that  the  eases  of 
*ihe  Alabama  and  Orcio  were  a  scandal,  and,  in  some  degree,  a  re-    [2o4J 
in'oaeh  to  our  laws.''^ 

Tlie  Triltnnal  of  Arbitration  will  thns  see  that  abont  three  weeks  be- 
fore Ear)  Itnssell  made  his  extraordinary  otlicial  reply  to  the  representa- 
tions of  i\lr.  Adams,  he  had  informed  ilr.  Adams  "  that  the  Lord  Chan- 
cellor had  expressed  the  opinion  that  the  British  | neutrality]  law  was 
snlliciently  ell'eetive,  and  that,  under  these  eirenmstanc'es,  he  did  not 
see  that  he  could  have  any  chanj>e  to  propose"'  in  it.  Jt  will  also  now 
be  observed  that  when  that  declaration  was  made,  ]\Ir.  Adams's  note  of 
February  0,  18G.'3,  with  the  i)roof  of  the  (complicity  of  the  insurgent 
agents  in  England,  had  l:ecn  in  Earl  Ilussell's  portfolio  four  dayp.  It 
will  also  be  obseived  that  that  proof  established,  or  aflbrded  to  Earl 
llussell  the  clue  by  which  he  could,  and,  as  the  United  States  say,  shouhl 
have  satisfied  himself — 1.  "That  contracts  were  already  made  for  the 
construction  of  iron-clad  'fighting-ships'  in  England."^  2.  That  Eraser, 
Trenliolm  &  Co.  were  the  "depositaries"'  of  the  insurgents  in  Liverpool, 
and  that  the  money  in  their  hands  was  "  to  be  api>lie<l  to  the  contracts."^ 

0.  That  they  (E.,  T.  &  Co.)  were  to  pay  i)urchases  made  by  ]Mr. 
*IIuse  and  other  agents.''  4.  That  other  contiacts  for  the  con-  [250] 
struction  of  vessels  besides  those  for  the  six  iron  clads  had  been 
taken  by  parties  in  Great  Britain.^  o.  That  parties  in  England  were 
arranging  for  an  insurgent  cotton  loan,  the  proceeds  of  which  were  to 
be  deposited  with  Eraser,  Trcuholm  &  Co.  for  the  purpose  of  carrying 
out  all  these  contracts.*^ 

When  the  United  States  found  that  the  proof  of  such  aggravated 
wrong  was  not  deemed  worthy  of  investigation  by  Uer  ]\Lijesty's  Gov- 
ernment, because  it  contained  no  statements  which  could  be  used  as 
evidence  to  convict  a  criminal  before  an  English  jury,'  they  were  most 
reluctantly  forced  from  that  time  forward,  througliout  the  struggle,  to 
believe  that  no  complaints  would  be  listened  to  by  Her  Majesty's  Gov- 
ernment which  were  not  accompanied  by  proof  that  the  persons  com- 
l)]ained  ot'  had  brought  themselves  "  within  reach  of  the  criminal 
law  of  the  United  Kingdom  ; "  that  the  i)enal  ^provisions  of  the  [25G] 
]'\neign  Enlistment  Act  of  1819  were  to  ho  taken  by  Great  Brit- 
;'iii  as  the  measure  of  its  duty  as  a  neutral;  an<l  that  no  amendment 
<;r  change  in  that  act  was  to  be  made  with  the  assent  of  the  existing 
Government. 

They  earnestly  and  confidently  insist  before  this  tribunal,  that  this 
Ti.e-e  pr.ve<-j::,8,  dccisiou  of  Ilcr  Majcsty's  Government  was  in  violation  of  its 
obligations  toward  the  United  States ;  that  it  was  an  aban- 
donment, in  advance,  not  oaly  of  that "  due  diligence  "  which 

'  Vol.  I,  y'lfro  ()G8. 

"Miilloiy  to  Ma.son,  Vol.  I,  page  573, 

'  Meiuniingor  to  Hponce,  Vol.  1,  paji,o  ij74. 

■*  Meiuininycr  to  Tiaser,  Treuliohu  &  Co.,  Vol.  I,  page  574 ;  aud  same  to  same,  Vol.  I, 
pagti  575. 

'"Memorandum  No.  11,  hi  Vol.  I,  page  572. 

^  Ik'iijamin  to  Mason,  Vol.  1,  page  5(54.  Memminger  to  Mason,  Vol.  I,  page  565. 
Mcnimiuger  to  Speuce,  Vol.  I,  page  574.    Memminger  to  Fraser,  Treubolm  &,  Co.,  Vol 

1,  page  574. 

'  It  is  stipposetl  to  be  a,  principle  of  English  Law  +''.'it  a  person  accused  of  crime  lias 
the  right  to  have  the  witnesses  against  him  subjected  to  a  ])ersoual  cross-examination. 
The  absurdity  of  Earl  Knssell's  position  is  shown  by  the  fact  that  every  witness  whoso 
correspoiulence  was  inclosed  in  Mr.  Adams's  note  of  February  9, 1863,  was  then  in  Rich- 
mond, behind  the  bayonets  of  General  Lee's  army. 


illnlukMi- 
tilfn!,  til  :itlv;iiH  f.  of 
••line  iliiigfiKf." 


PERFORM   ITS  DUTIES  AS  A  NEUTRAL. 


105 


The  GeorgiOi 


is  defined  in  the  Treaty  of  Washington  as  one  of  the  duties  of  a  neutral, 
liiit  of  any  njeasure  of  dilififenee,  to  restrain  the  insurgents  from  using 
its  territory  for  purposes  hostile  to  the  United  States. 

Kncourajjed  l)y  the  immunity  alforded  by  these  several  «leeisions  of 
Iler  Miijesty's  Government,  the  insurgent  agents  in  GreatUritain  began 
to  exteiul  their  operations. 

ICiirly  in  April,  18G3,  a  steamer,  called  the  Japan,  which  was  after- 
ward known  as  the  Georgia,  left  the  Clyde,  "  with  intent  to 
dcitredate  on  the  conunereo  of  the  United  States."' 
Tills  vessel  had  been  publicly  launched  on  the  10th  of  the  previous  .Fan- 
nary  as  an  insurgent  steamer,  at  which  time  o  J.Iit^.s  North,  daughter 
of  a  Captain  Is'orth,  of  one  of  the  Confederate  States^  olhciated 
[257]  as  priestess,  and  christened  thecraft*"Virginia."'^  "  Someseventy 
or  eighty  men,  twice  the  number  that  would  be  required  lor  any 
legitimate  voyage,  were  shipped  at  Liserpool  for  this  vessel,  and  sent 
to  Greenock."^  A  small  steamer  called  the  "  Alar,"  belonging  to  a  JJrit- 
ish  subject,  was  loaded  with  a  large  sui)ply  of  guns,  shell,  shot,  ])o\vder, 
»S:c.,"^  and  dispatched  to  meet  her.  The  two  vessels  met  otf  the  French 
coast ;  the  "  Alar"  was  made  fast  alongside  the  "Japan," and  in  twenty- 
four  hours  the  whole  of  the  guns  and  ammunition  were  transferred.* 
The  "Japan"  then  dropped  her  Oriental  name,  hoisted  the  tlag  of  the  in- 
surgents, and  steamed  away ;  one  day's  work  after  leaving  the  Clyde 
having  converted  her  into  an  armed  cruiser.  It  was  not,  however,  until 
the  L';5d  of  the  following  Juno  that  her  Ijritish  register  was  canceled  and 
the  transfer  made  to  foreign  owners." 

Early  in  March,  1803,  JMiller  &  Son,  the  builders  of  the  Florida, 
launched,  at  their  yard  in  Liverjiool,  a  new  gun-boat,  to  bo 
called  the  Alexandra.''  The  evitlence  of  the  hostile  uses  for  ^«'Aexan  ra, 
which  this  vesselwas  intended  was  so  overwhelming  that  proceed- 
[258]  ings  were  instituted  against  her  lor  a  violation  of  *the  Foreign  En- 
listment Act."  In  the  trial  of  this  case  it  was  clearly  jiroved  that 
the  Alexandra  was  a  man-of-war,  and  that  she  was  constructed  tor  the 
])uri)ose  of  carrying  on  hostilities  against  the  United  States."  liut  the 
judge  instructed  the  jury  that  a  neutral  might  "  nudce  a  vessel  and  arm 
it,  and  then  oti'er  it  for  sale"'"  to  a  belligerent;  and  that,  a  fortiori^  "  if 
any  man  may  build  a  vessel  for  the  purpose  of  ottering  it  to  either  of 
the  belligerent  Powers  who  is  minded  to  have  it,  maybe  not  execute  an 

'  ^Ir.  Adams  to  Earl  RtisscH,  Vol.  II,  ]r.\'^ii  OCfi. 

- rmlt'iwood  to  Scwanl,  IGth  .Inly,  Ifiii'-i,  Vol.  VI,  page  u03. 

^Dudley  to  Mr.  Sewurd,  Vol.  II,  page  6l)5. 

n%)l.  li,  page  <)GG. 

6  Mahoir-s  atlidavit,  Vol.  II,  page  67'?. 

'•Mr.  Adams  to  Earl  Kiissell,  7fh  .Inly,  1BG3,  Vol.  IT,  page  G77. 

'  Dudley  to  Seward,  litli  March,  18G:J,  Vol.  II,  page  25c5. 

*  8oe  Vol.  V,  pages  1  to  470. 

^ "  The  evidence  as  to  the  building  and  fittings  of  the  ship  proved  that  she  was 
strongly  built,  prineii)al]y  of  teak-wood;  her  beams  and  hatches,  in  strengtli  and  dis- 
tance apart,  was  greater  than  those  in  merchant  vessels;  the  length  and  breadth  of  her 
hatdies  were  1<;88  than  the  length  and  breadtli  of  hatches  in  merdiant  vessels;  hcrbnl- 
warl<8  were  strong  and  low,  and  her  upper  works  were  of  pitc-h-pine.  At  the  time  of 
lier  seizure  workmen  were  employed  in  litting  her  with  stanchions  for  hammock  net- 
tings; iron  stanchions  were  littecl  in  the  hold;  her  three  masts  were  up,  andha<l  light- 
ning conductors  on  each  of  them  ;  she  was  provided  with  u  cooking  apparatus  for  l.'iO 
m"20()  peoi)le ;  she  had  complete  accommodation  for  men  and  otHcers ;  she  had  only  stow- 
ago  rojui  sulBcient  for  her  crew,  supposing  them  to  be  32  men  ;  aud  she  wius  appa- 
rently built  for  a  gun-boat,  with  low  bulwarks,  over  which  pivot-guns  could  play. 
Tlie  commander  of  Her  Majesty's  ship  Majestic,  stationed  at  Liverpool,  said  that  sbo 
was  not  intend(!d  for  mercantilo  purposes."  {XeutraUtii  of  Great  Britain  during  the 
American  Civil  War,  hy  Mountaguc  Bernard,  M.  A,,  page  353,  uoto  I.) 

'"Vol.  V,  page  128. 


106 


WHEREIN    GREAT   BRITAIN   FAILED   TO 


1 1    lU 


P  t '-. 


order  for  It  T  TTc  nlso  iiistructod  tlioiii  tliat  "  to  '  C'(|ni|)'  is  '  to  fnniisli 
Avith  nnns;"'  'Hii  the  ciisc  olii  ,'-lii|),('si)('('iiill.v,  it  is  to  tiiniisli  juhI  coiimU'to 
with  JiMiis;"^  tliiit  "'«'(|ui|),'  '  ftiniisli,'  '  fit  out,'  or  '  jinu,'  all  iiu'iiii 
l)iv(!is«'ly  tlicsiiiiM'  *tliiii^;"  jind  iu>  closed  tliat  briiiK'li  ol"  (li(^  in-  [2.">!i] 
istMietioiis  by  saying,  "  tlie  (juestiou  is  whether  .von  think  that  this 
vessel  was  litted.  Aiiiu'd  she  eeitainly  was  not,  hut  was  there  an  inten- 
tion thai  she  should  he  linishetl,  lilted,  or  e(juii>]»ed,  in  ljiver|)(»ol  ?  JJc- 
eause,  j;rnt]enien,  1  must  say,  it  seems  to  me  that  the  Alabama,  sailed 
away  Irom  Jiiverpool  without  any  arms  at  all ;  mer<'ly  a  ship  in  ballast, 
unfurnished,  uiKMiuipped,  unjjrepared  ;  and  her  aims  were  put  inatTer- 
<!eira,  not  a  port  in  Her  Majesty's  Dominions.  Tlu^  Foreiji'ii  Enlistment 
Act  is  no  more  violated  by  that  than  by  any  other  indih'erent  matter 
that  nii:;ht  litippen  about  a  boat  of  any  kind  whatever."  The  Jury  jj^avc 
a  verdict  Vtithout  delay  Ibr  the  yun-boat.  An  api)eal  on  this  construc- 
tion <)l"t  lie  statute  was  taken  to  a  hij^her  court.  The  ridiufisof  the  Jud<;e 
on  the  trial  were  not  reversed,  and  the  decision  stood  as  the  law  of  ICnu- 
land  nnlil  and  after  the  dose  of  the  rebellion,  and  still  stands  as  the 
Judicial  construction  of  the  act  of  IHV.). 

Thus,  after  the  political  branch  of  Her  iNFaJesty's  Government  liad  aii- 
Tiu- niiiwTs  ii.  ti.^  nouiu'cd  its  pur])OS(' of  limitinjiits  «luties  to  tin;  enlbrcemeiit 
ia^'i'"n-iu„^^i'^  of  the  l^orcijiii  I'^nlistment  Act,  and  had  practically  strii)peil 
imtn..i.tA,i.  that  act  of  all  features  excej)t  those  relatinj;-  to  tlie  prosi;- 

cution  of  otlenders  as  criminals,  the  Judicial  branch  of  that  (lov- 
ernment  emasculated  it  by  a  rulin;^  *which  ojx'nly  authorized  the    [200] 
construction  of  lU'W  Alabamas  and  of  new  Floridas. 

Contracts  were  also  made,  some  time  in  the  year  1802,  for  th(»  construc- 
tion, at  (llas/^ow,  of  a  formidable  vessel,  known  as  the  Pampero.  Mv, 
])udley  reported  that  the  cost  of  the  constructio)i  was  to  b(^  somethiiij;' 
over  jC;!()(),()0().-  This  vessel  was  seized  at  CHas^ow  for  nn  allej>'ed  viola- 
tion of  the  rorti]L>n  Enlistment  Act.  On  the  trial,  which  took  place  in 
]804,  it  api)eared  that  tin'  Scottish  courts  wei'c  not  disi)osed  to  follow 
the  I'hijilish  courts  in  deprivin,^'  the  Foreign  realist ment  Act  of  all  force. 
The  insurj>ents,  thereibre,  abandojied  the  attempt  to  use  the  Pampero 
as  a  cruiser,  and  ceased  to  contract  for  theconstnict'-u  orlittinji'  out  of 
vessels  within  the  Scottish  Kin^^dom.  A  similar  course  in  tlie  EnglisU 
courts  mi^ht  have  i)roduced  similar  results  in  J'^nj^land. 

About  the  same  time  the  arrangements  were  made  with  the  Lairds  for 
the  construction,  at  Birkenhead,  o])posito  Liverpool,  of  the 
two  iion-clads  w  Inch  were  afterward  known  as  "  Lairds'  ii^ou- 
clads,"  or  "  Lairds'  rams."  The  keel  of  one  of  them,  as  has  been  already 
said,  was  laid  in  the  same  stocks  from  which  the  Alabamti  -was 
launched.''  These  vessels  were  niostformidable,  and  were  *"  pushed  [201] 
,  forward  with  all  possible  dispatch.  The  men  were  at  work  night 
and  day  upon  them."  The  machinery  and  guns  were  m;.ide  sinudtano- 
ously  with  the  hull,  ami  it  was  rei>orted  that  "  by  the  time  she  is  launched 
they  will  be  ready  to  be  placed  in  her."^ 

Their  construction  was  originally  ordered  from  Richmond,  and  tlicy 
were  superintended  bj-  Cajjtain  J]ulloek,'^  who  was  at  that  time  in  fre- 
quent correspondence  with  Mr.  Mallory  "  about  building  the  two  above- 
named  and  other  war  vessels  in  England,"  "and  about  the  money  to 
pay  tor  the  same."^  ''  The  drawings  lor  them  were  in  the  ottice  of 
Fraser,  TrenUolm  &  Co.,  as  early  as  June,  1802,  in  Captain  Bullock's 

'Vol.  Y,  pajio  IW.  2 Dudley  to  Seward,  Vol.  II,  page  201. 

"Dudley  to  Seward,  Vol.  II,  page  315.      *  Dudley  to  Seward,  Vol.  II,  page  316. 
"  Younge'd  deposition,  Vol.  II,  page  330. 


raiMS. 


irnii-ti.td 


PERFORM   ITS   DUTIES   AS   A   NEUTRAL. 


107 


[201] 


liiimls."'  IJ.v  tlio  oinly  piirt  of  Ajdil,  ISOM,  "  tlic  Imlls  wvro  comploto, 
jiikI  tlie  sides  wvw  covcicd  witli  sliilis  ol  teak-wood  id)oiif  twelve  iiielies 
tliick.*'  J'iiirly  in  .hine,  1MI;5,  one  of  llie  xcssels  liad  l)e;^iiii  to  receive 
lier  iron  iuiinir  jtlates,  ''about  lonr  inclies  tliiek,"  •  "  Tlr.'  deek  of  eaeli 
vessel  was  prepared  to  reeei\i'  two  turrets.''-  '"  Kaeli  ram  had  a  stem, 
nuide  of  \vrou<;lit  iron,  al»out  ei;;lit  inches  lliiek.  projectiii;^"  about  livo 
feet  nn«h'r  the  water  line,  and  obviously  intended  for  the  pur- 
[JOUJ  i)ose  of  ii4-i:etratin;;  and  destroying'  other  *vessels.''"*  These  facts, 
and  others,  were  i*(uumunicated  by  ]\Ir.  Adams  to  I'lail  I'usscll  iit 
a  note  dated  .Inly  11,  lS(i.».'  Comnu'iitinji'  upon  them  .Mr.  Adams  said: 
"A  war  has  thus  been  )»ractically  «'ondu«ted  by  a  jtortion  of  her  p«'oplo 
a;iainst  a(Jovernment  with  which  Her  Majesty  is  under  the  most  solemn 
of  all  national  enj':aj''enu'nts  to  ]»reservea  last  iujn' and  dura  bh- peace."  On 
the  Kith  of  July,  Mr.  Adams  sent  to  Lord  I{uss<>ll  further  evidence  of  tho 
character  of  these  vessels.^  i)u  thel!5th  of  July,  he  a;;ain  wrote  him  on 
the  subject,  with  iresh  proof  of  their  purposes.'"  On  the  Mth  of  Au<4Ust 
lie  aj^ain  wrote  to  Karl  IJussi'll  with  "  luither  information  ;"  said  that 
he  regretted  to  see '•  that  the  i)rei)aration  «  *  *  is  not  intermitt<'d  ;" 
and  added  :  "It  is  dillicult  for  nu>  to  ;;ive  to  yourLonlship an  adiMpiate 
idea  of  the  uneasiness  and  anxiety  created  in  the  ditleretit  jtorts  (tf  tho 
United  .States  by  the  idea  that  instruments  of  injury,  of  so  formidable  ii 
character,  continiu'  to  threaten  thi'ir  salety,  as  issuinj^'  from  the  ports  of 
Great  IJritain,  a.  country  with  whi<'h  the  people  of  the  United  States 
are  at  i»eace."''  ()n  the  .'Jd  itf  !Seiitend)er  31r.  Adams  aj^ain  earn- 
[L'0.']j  estly  returned  to  *the  subject,  lie  wrot((  to  JCarl  IJussell,  iuclos- 
in<;'  ''cojiies  of  further  d«'positions  relatinj;'  to  the  launchin;;'  and 
other  i)rei)anition  of  the  second  of  tin-  two  vessels  of  war  from  the  yard 
of  .Messrs.  Laird,  at  l)irkenhea«l."'  lie  said  that  lu!  believed  there  was 
'•not  any  reasonable  pound  for  doubt  that  these  vessels,  if  permitted 
to  leave  the  i)ort  of  Liver|)ool,  will  beat  once  <levoted  to  the  object  of 
cari'yiny  on  war  aj»ainst  the  United  t^tates  of  America,"  ami  he  closed 
by  say  in  j;-  that  he  had  been  directed  '-to  describe  the  j^ravo  nature 
of  the  situation  in  which  both  countries  must  be  placed,  in  tluf 
event  of  an  act  i>f  ajjfiression  committed  a<;ainst  the  (lovernnient 
and  the  jjcople  of  the  United  States  by  either  of  these  Ibrmidable 
vessels."  The  new  evidence  inclosed  in  this  letter  related  only  to  the 
tact  that  the  second  ram  was  launched,  and  cannot  be  said  to  have 
strengthened  the  ease  as  i)reviously  presented.  Aj;ain,  on  the  4th  of 
September,  Mr.  Adams  sent  to  the  Uoreijiu  Ollico  evi«lence  to  sli'>—  tho 
prei)aration  lor  immediate  departure  of  one  of  these  vessels."  Laie  in 
the  afternoon  of  the  4th.  alter  the  note  had  been  dispatched  to  I'.arl 
lliussell  and  a  eo])y  of  it  sent  to  Mr.  Seward,  31  r.  Adams  received  from  l-^arl 
liussell  a  note,  dated  the  1st  of  Sei)tember,  sayinj;'  that  *"  Her  ]Ma- 
[2G4j  jesty's  Government  are  advised  that  they  cannot  interfere  in  any- 
way with  these  vessels.""  OntheStli  Mr.  Adamsiej)lied,  e.\i)ress- 
inghis  "profonnd  regret  at  the  conclusion  to  which  Her  JMajesty's  Gov- 
ernment have  arrived ; "  and  added :     "  It  would  be  supertluous  in  me  to 

'  Youngc'is  (li'posiiion,  Xo],  II,  page  JvJl. 

^  C'liapiniin's  allida  vit,  ^'()l.  II,  page  ;>33. 

3  Adams  to  KiishcH,  Vol.  II,  pago  :i"25. 

*  A(laiii8  to  RusHi'll,  Vol.  II,  page  3;J(). 

"^  Adams  to  Kussoll,  Vol.  II,  page  341. 

eVol.  II,  page  34()-'7. 

f  Adams  to  Russell,  Vol.  II,  page  353. 

8  Adams  to  Russell,  September  4,  18G3,  Vol.  II,  p.  358. 

»  Russell  to  Adums,  Vol.  II,  page  3G0. 


III:  J 


108 


WHKREIN   GREAT   BRITAIN    FAILED   TO 


point  out  to  your  Lnnlsliip  tliat  tliis  Is  wsir."*  On  the  Stli  of  Soptonihor 
Mr.  Adsinis  ivirivcd  a  short  note,  written  in  tlit?  tliinl  person,  in  wliidi 
it  was  siii<l  "  instruirtions  liavo  bi'en  issne*!  wliicli  will  prevent  the  Ue- 
partniti  of  the  two  iron-j^hul  vessels  Ironi  Liverpool."^'  It  wouhl  appear 
Ironi  the  Ilritish  lilnu  JlooU  that  the  instructions  tor  their  detention 
"  had  scariH'ly  been  sent"  when  Mr.  Adams's  note  of  tho  3d  of  Si'i>teui- 
ber  was  received  at  the  Foreij;:n  Olllce.-' 
There  was  little  in  all  this  transaction  to  lead  the  Ilm'ted  States  to 
hope  for  a  returninfjand  better  sense  of  jtisticein  the  IJritish 
an  „i.ii.i...,....„t  „r  CiovernnxMit.  lor  they  could  not  but  observe,  when  com- 
'^ n^  >i".'l«l.' "u'll  parinjj^  thc!  dates  of  th<'  receipt  <»f  the  several  notes  whi«li 
"'""'■  passed  between  Lord  liussell  an<l  Mr.  Adams,  that  when 

Her  ^lajesty's  (Jovernment,  altera  delay  of  six  weeks,  answered  that  it 
i'onhl  not  interfere  with  these  vessels,  it  was  in  possession  of  con- 
vincinjj;  evidence  of  their  character  an<l«lestina*t  ion,  which  was  not  [-(]'»] 
materially,  if  atall,strenji;tlienedby  the  evidence  contained  in  Mr. 
Adams's  letter  of  the  .'id  of  Sei)tember.  They  were  therefore  Ibrced  to 
concludes  that,  in  detaininjjf  the  vessels.  Her  Majesty's  (lovernment  was 
inlluenced,  not  by  <*han{,ai  in  their  opinion  as  to  the  force  or  etfect  of 
(he  l-'oreijiu  Ihdistnient  Act,  or  as  to  the  <luty  of  (Ireat  ISritain  toward 
the  United  States,  but  solely  by  a  desire  to  avoid,  in  the  interest  of 
peace,  what  Mr.  Adams  called  "  the  fjrave  nature  of  the  situation  in 
which  both  countries  nuist  be  placed,  in  the  event  of  an  act  of  ajff^res- 
sion  committed  ajjainst  the  Government  and  people  of  the  United  States 
by  either  of  these  formidable  vessels."  The  United  States  fully  and  earn- 
estly shared  this  desire  with  Great  Dritain,  and  they  werc^  relieved  froia 
ji  state  of  painful  suspense  when  tho' dan<jrers  which  Jlr.  Adams  jjointed 
out  were  averted.  IJut  they  would  have  felt  a  still  j;reater  relief  could 
they  have  received  at  that  time  the  assurance,  or  could  they  have  seen 
in  the  transaction  any  evidence  from  which  tihey  could  assume  that  thc 
]']xeoutive  13ranch  of  the  British  Government  v,as  no  longer  of  the 
opinion  expressed  in  Lord  Russell's  note  of  Septend)er  1,  as  to  its  duties 
in  regard  to  evidence  such  as  that  inclosed  in  ]\Ir.  Adams's  i)revious 
notes  and  no  longer  intended  to  regard  the  Foreign  Enlistment. 
*Act,  as  expounded  by  the  court  in  the  Alexandra  case,  as  the  [2GC] 
measure  of  its  international  duties. 

ExtiMisive  as  were  the  arrangements  made  from  Liverpool  by  the  in- 
The. Winn, will,  snrgent  agents,  at  that  time,  for  the  construction  in  Great 
Britain  of  vessels  of  war  intended  to  carry  on  war  against  the 
United  States,  their  operations  were  not  contined  to  Great 
Britain.  Captain  Bullock,  without  shitting  his  otlice  from  Liverpool, 
signed  an  agreement,  "for  the  account  of  his  principals,"  on  the  Kith 
of  April,  1803,  with  Lncien  Arman,  ship-builder  at  B«>rdeaux,  whereby 
Mr.  Arman  engaged  "  to  construct  four  steamers  of  400  horse-power, 
and  arranged  for  the  reception  of  an  armament  of  from  ten  to  twelve 
cannon."  As  it  was  necessary  in  France  to  obtain  the  consent  of  ^lie 
Government  to  the  armament  of  such  vessels  within  the  limits  of  the 
Empire,  Mr.  Arman  informed  the  Government  that  these  vessels  were 
"intended  to  establish  a  regular  communication  between  Shanghai, 
Yedo,  and  San  Francisco,  passing  the  strait  of  Van  Dieman,  and  also 
that  they  are  to  be  fitted  out,  should  the  opportunity  present  itself,  for 
sale  to  the  Chinese  or  Japanese  Empire."  On  this  representation  per- 
mission was  given  to  arm  them,  the  armament  of  two  to  be  supplied  by 

1  Adams  to  Kussell,  Vol.  II,  page  .%5. 
*  Russell  to  Ailams,  Vol.  II,  page  366. 
3  Layurd  to  Stuart|  Vol.  II,  page  363. 


Arni;in  t 
t<trMciiiin 
in  France 


lif   Viltrtel* 


PERFORM    ITS   DUTIKS    AS    A   NEUTRAL. 


109 


3Ir.  Armiiii  sit  HonK'nux,  and  that  of  t\w  other  two  by  Mr.  V«>riiM  at 

Niintcs. 
[JOT]  *<)ii  lh»'  l<»th  td'.Iiily,  ISO;'.,  iiiiofhcr  a;,^r('('i[U'iit  was  nia(h*  in  l>or- 
draiix  hclwrt'ii  Mr.  Aiiiiaii  and  Mr.  IlnllocU,  "actin;j:  for  th«'  ac- 
count of  primripals.''  Arnian  a^^rccd  to  constnict  two  scr<'W  straniships 
ol  wood  and  iron,  with  iron  tnrrcts,  of  ;;()(>  hctrsc -powrr.  Ihillock  was 
to  supply  thi»  arnianu-nt;  tho  ships  were  to  hr  linishrd  i:i  six  months; 
one  tilthOt'tho  prico  was  to  he  paid  in  advance. 

Under  these  contracts  I>nno«'k  is  .said  to  have  ]>aid  Arnian  a,'JS(),(l()() 
francs.'  ]»id  one  of  tin*  vessels  ev«'r  went  into  the  possession  of  the  in- 
surj-cnts,  and  that  by  frand.  Jt  may  interest  the  TrihumJ  «)f  Arl>itra- 
tioii  to  learn,  in  a  few  words,  tlie  result  of  these  contracts  and  the  conrsu 
])ursued  by  the  Trench  (rovernin«'td. 

The  autliorization  winch  liad  been  obtained  for  Mv.  Annan  and  jMr. 
Voius  toarm  the  four  vessels,  under  thecontract  of  th(^  l.">th  ,,„„|,„,  „r  ,i>. 
ol  April,  and  the  doinj-s  of  Mr.  Annan  under  the  «'ontract  of  »"i.i,<..„.rmm„i. 
the  KUh  of  July,  were  uidvuown  to  the  minister  of  forei^Mi  affairs.  When 
they  werebrou^iht  to  Mr.  J)ronyn  de  lihuys'atteidion  by  the;  minis- 
[208]  ter  of  the  United  States  at  I'aris,  he  took  immediate  *stcps  to  lue- 
vent  u  violation  of  the  neutrality  ot'I'r.mce.  J  le  wrote  to  Mr.  Day- 
ton, (October -'2,  18().'3.)  "Que  M.  le  ministre  de  la  marine  vientde  noti- 
lier  a  M.  Vorusle  retrait  do  Tautorisation  <iu"i\  avaitobteniu'  pour  I'arme- 
nient  (le  (jmitre  mivires  en  construction  a  Naides  etiY  JJordeaux.  Jl  en 
a  etc  <loiMie  ejialement  avis  a  M.  Arman,  <lont  I'attention  a  <''te  en  meme 
teniits  aiH'lec  iSur  la  responsivbilite  <iu"il  pourrait  encourir  \n\:'  des  actes 
en  opposition  avec;  la  declaration  du  11  juin  J.stjl.'" 

^Ir.  Arman  made  nnuiy  ellbrts  to  remove  the  injunctions  cf  the  flov- 
ornnient,  but  without  success,  lie  was  finally  forced  ♦  >  s<'l!  to  the  Prus- 
sian (lovernment  two  of  the  clii>pt'rs  constructed  at  lli/rdeaux  umlerthe 
contract  of  A[)ril  15.  Two  other  clippers,  constructed  ar  Nantes  un<ler 
that  contract,  were  sold  to  the  l*ernvian  (lovernment.  Of  the  two  iron- 
clads construf  cd  under  the  contract  of  duly  Ki,  oim'  was  sold  to  Prus- 
sia for  L',07i5,(itH)  francs.  A  (;oMtract  was  ma<le  for  the  sale  of  tlu^  otlu'r 
to  Denmark,  which  was  then  at  war,  an<l  it  was  sent,  under  the  Danish 
name  of  Stoerkodder,  to  Copenha;Lren.  It  arriv(*d  there  after  the  tinu' 
ajireed  niton  for  the  ilelivery  and  alter  the  war  was  over,  and  the  Danish 
Government  refused  to  accept  it.  The  jterson  in  charj^e  of  the  vessel  in 
Coitenhaji'en  held  at  om-e  the  power  of  attorney  of  iM.  Arman  and 
[209]  of  Mr.  ]]ul*lock;  and  in  one  capacity  he  delivered  the  vessel  to 
himself  in  the  other  capacity,  and  took  her  to  the  Isle  of  llouar, 
off  the  French  coast,  where  she  was  met  by  a  stciimer  from  JCnjiland 
with  an  armament.  Takinji;  this  on  board,  she  crossed  tue  Atlantic, 
stoppinj;' in  Spain  and  Portuiial  on  the  way.  In  the  jtort  of  Havana 
news  was  received  of  the  suppression  of  the  insurrection,  and  she  was 
delivered  to  the  authorities  of  the  United  States.  Tln^  course 
inu'sued  by  rrance  toward  these  vessels  is  m  strikiii";  con-  thM,.„a,„t..ihY..,.e 
tiiist  with  (Ireat  Britain's  ondiict  m  the  cases  ot  the  llorida 
and  the  Alabama. 

Ihillock's  oi)erations  in  this  way  called  for  a  great  deal  of  money.  On 
tlie22d  of  May,  1803,  a  "  navy  warrant  on  .Alessrs.  Fraser,  Trenholm  «S:  Co. 
lor  i;;;0O,0OO  "was  sent  to  him.^    On  the  2.jth  of  June,  1803,  "  drafts  lor 

'Mr.  Mdirjin,  counsel  for  tlio  Uiiitotl  Stntis,  in  a  suit  pendinji  'n'lorc  1  lie  tour  (l'iipi)fl 
«l(t  Piuis,  urowiug  out  of  tlicso  triuis:ift'i>ns,  so  stiitus:  "  111  nous  rcstc  niaiutcnuiit  £l 
iiiiliiiucr  ii  \'A  cour  ce  que  lit  M.  Arnian,  e  U-s  navircs  (ju'il  const  rnisait  ct  dcscapitunx 
qirii  aviiit  refus  dc  M.  Bullock,  capitanx  u  iit  Ic  niontuut,  suivaut  lo  diic  dc  M.  Annau 
lui-iiK'nic,  nc  s'clevc  pas  a  nuiin»  dc  o.'Ml    JO  francs." 

-  Bullock  to  Ellmore,  July  3,  1833,  Vol.  VI,  payc  129. 


I!  -''i 


77 


110 


WHEREIN   GREA.T    BRITAIN   FAILED   TO 


£20,000  ni)(l  £;]S,902  l.>.  4(7.,  in  favorof  Commnndor  Janios  D.  Biilloclc, 
on  the  C.  S.  Depositary  in  Liverpool,  were  forwarded  to  liini,""^  Other 
Iniuls  were  .vent  that  tlie  United  States  are  not  able  to  trace.  In  Sep- 
tember, 18(».">,  liis  <'ontraets  ha<ll;een  so  lieavy  tlr.it  lie  was  low  in  funds. 
jMallitt  sent  to  him  at  Liverp,  ul  a  mnnber  of  "  men,  disc-harj^ed  from 
the  Floiida,  with  their  accounts  and  diseharf>es."-  He  (unild 
*not  pay  them,  and  the  men  "  l)ej;an  to  ^et  restive."  ]\Iallory  [270] 
made  an  effort  to  send  him  farther  lands,  and  asked  Mem  mincer 
to  instrn(!t  "  the  Depositary  at  Liverpool''  to  eountersij;!!  certain  cot- 
ton certificates  "on  the  apjdication  of  Comman<ler  Ijullock."^  In  this, 
or  in  some  other  way,  the  funds  were  replenished,  and  lar^c  sums  were 
spent  alter  that  time. 

While  these  extensive  preparations  for  a  fleet  were  ffoinj;  on  in  Enj?- 
htnd  an<l  France,  an  event  took  jjlace  at  the  C'ai>e  of  flood  Hope  whitli 
tested  afresh  the  purpose  of  Her  ^Majesty's  (lovennnent  to  maintain 
British  neutrality  and  enforce  the  Queen's  Proclamation. 

On  the  r)tli  of  An;;ust,  ISO,'},  the  Alabama  arrived  in  Table  Bay  and 
Ti...  Tu«iii,...«aat  gave  infomnition  that  theTnscaloosa,  a  prize  that  had  been 
iiM.,V"*  "  '""  captured  off  Brazil,  would  soon  arrive  in  the  character  of  a 
tender.  On  the  8th  that  vessel  arrived  in  Simon's  Bay,  havinj;'  her 
orijiinal  caryo  of  wool  on  board.  SIk^  lay  in  port  about  a  week,  and 
\Yhile  there  "overtures  were  made  1  y  some  i)arties  in  Cape  Town  to  i>nr- 
cliase  the  carj^o  of  wool.''*  The  wool  was  disposed  of  to  a  Cape  Town 
merchant,  on  condition  that  he  shoidd  send  it  to  Europe  for  sale,  and 
two-thirds  of  the  price  should  b(^  paid  into  the  insurgent  treasury ; 
and  it  was  landed  for  that  pur*pose  by  the  Tuscaloosa,  on  a  wild  [171] 
S[>or, called  Anj;ra  I*«'quena,<a>tsi«leofJjritish  Jurisdiction.''  When 
the  Tuscaloosa  nmde  her  a[)i>earan(!e  at  Cape  Town,  Bear- Admiral  Sir 
Baldwin  Walker  wrote  to  the  (lovernor,desirin<;- to  know  "whether  this 
vessel  ou;.;ht  still  to  be  looked  ui)on  in  the  lii^ht  of  a  prize,  she  never  having 
been  <'on(lemned  in  a  prize  court.'''''  He  was  instructed  to  admit  the  ves- 
sel. Tliei»racticalex[»erienee  of  the  hiMU'st  sailor  lebelled  at  thisdeeisioii, 
antl  he  rejdied,  "  I  ai)prehend  tlnit  to  brinji  a  captured  vessel  un<lertlie 
denomination  of  a  ves.selof  war,  she  nuist  be  fitted  for  warlike  purposes, 
and  not  merely  have  a  few  men  and  a  few  snndl  ftuns  put  on  board  her, 
(in  fact  nothin,^'  but  a  prize  crew,)  in(»rd<'r  to<lisj>uise  her  real  chai'actcr 
as  a  prize.  Now,  this  vessel  has  her  orijiimd  c.irgo  of  wool  still  on  board, 
v>  liich  cannot  be  re(piired  for  warlike  i)urposes,  and  her  armament  ancl 
iH!nd)er  of  her  crew  are  <piite  insuflicient  for  any  services  other  than 
those  of  sli-;ht  defense.  Viewinj^iid  tlie  circumstances  of  the  case,  they 
afford  room  for  the  sui)position  that  the  vessel  is  styled  a  tender,  with  the 
()bje<'t  of  avoidinji' the  pridiibition  against  her  entrance  as  a  prize 
into  our  j>orts,  where,  if  the  ca[)toi's  wished,  arr;ingements  *could  [272] 
be  nuulc  for  the  disposal  of  her  valuable  cargo."" 

The  Governor  replied  that  the  Attorney  General  was  of  opinion  that 

Php  in  roiPH,.>i  "it" the  vessel  received  the  two  guns  from  the  Alabama  or 

nn  .1^-1  t'h-mKiir„V  other  Confederate  vessel  of  war,  or  if  the  person  in  command 

i)t  her  has  a  commission  ot  war,    *    #    *    therowiUbea 

sufTicient  setting  forth  as  a  vessel  of  war  to  justify  her  being  held  to  be 


1  >[all()rv  to  Elmore,  Jnn.^  25,  18G3,  Vol.  VI,  page  126. 

sMatlitt  to  Bullock,  Soptembor  3,  IHG3,  Vol.  II,  p.ijje  ti39. 

^Mallory  to  MiMiuiiinger,  Sei>t»!inl)er  12,  1HG3,  Vol.  VI,  jtnge  132. 

*  AValkcr  to  tlio  Secretary  of  the  Adiiiiialty,  Vol.  IV,  page  2115;  Vol.  VI,  page  4?6- 

•■^Moinitngtic  IJcinard's  Neutialitv  ol'Great  Biitaii),  &c.,  page  421,  note  I. 

e  Vol.  IV,  page  217 ;  Vol.  VI,  page  4r)8. 

'  Walker  to  WodebouHC,  Vol.  IV,  page  218;  Vol.  VI,  page  459. 


PERFORM   ITS   DUTIES   AS   A   NEUTRAL. 


Ill 


a  fliip  of  war.'''  Tlio  Adininil  ro])lio<l,  torsoly,  "  As  tlioro  nre  two  jjniis 
on  boiinl,  and  an  ollicer  oftlio  AIaban)a  in  cliaryv  of  licr,  Un-,  vessel  ap- 
pears to  come  within  tlio  n)eaiiin<ic  of  the  cases  cited  in  .your  coinnmni- 
cation."-  lie  «lid  not  seem  to  think  it  worth  while  to  repeat  his  opinion 
as  to  the  frivolons  character  of  snch  evidencx.,  since  it  had  been  disre- 
garded by  the  civil  anthoritiea. 

The  facts  were  in  due  course  rejiorted  by  tlu^  Governor  to  ^hn  .n„r.c<>f  the 
the  Ilonie  Government  at  London,^  and  the  Colonial  Minis-  f,.v..,„„r.i„.,p„rov,.,i. 
ter  wrote  back  that  Her  Majesty's  (jovernment  were  of  opinion  that  the 
''Tuscaloosa"  did  not  lose  the  character  of  a  ]irize  captured  by  the 
Alabama  merely  because  she  was  at  the  time  of  Iter  bein.i;'  brouj;ht  within 

Dritish   waters  armed  with  two  small  ritle  guns,  and  manned 
[273J    *  Avith  a  crew  often  men  from  the  Alabama,  and  used  as  a  tender 

to  that  vessel  under  the  authority  of  (\ii)tiiin  Senimes.'  ITe  said 
tliathe  "considered  that  the  mode  of  jaoceediuj^  in  such  circumstances 
most  consistent  with  Her  Majesty's  dijiiiity,  and  most  proper  for  the 
vindication  of  her  territorial  rights,  would  have  been  to  jirohibit  the 
exercise  of  any  further  control  over  the  Tuscaloosa  by  the  captcu's,  and 
to  retain  that  vessel  under  Her  3Iajesly's  control  and  jurisdu-tion  until 
])roperly  reclaimed  by  her  original  owneis."  These  instructions  were 
looked  upon  by  the  Governor  as  a  censun^;''  and  the  Tuscaloosa  having 
in  the  mean  time  come  again  into  jtovt  and  phiced  herself  n,-  Tuv:,io..sn 
within  the  jurisdiction,  was  seized,  and  the  facts  reported  to  'v'.''''.VTt'it?uir'Iy! 
IjOImIou.''  Her  ^Majesty's  f  Jovernment  disavowed  this  act,  and  instructed 
the  Governor*'  to  restore  the  Tuscaloosa  to  the  lieutenant  of  ti..-  r.„v,.,„nr  re- 
the  Confederate  States  who  lately  commanded  her;  or,  if  he  MX''iir.v!'''Ji.''' 
should  have  lelt  the  Cape,  then  to  retain  her  until  she  can  be  handed 
over  to  some  person  who  may  have  authority  Irom  Captain  Semmes,  of 

the  Alabama,  or  from  the  Government  of  the  Confederate  St.ites, 
[274]    to  receive  her.""    The  *Governor  was  also  informed  that  th(>  Home 

Government  had  not  in  any  degree  censured  him  for  the  eourse 
which  he  had  pursued.^    The  Duke  of  Newcastle  jdaced  his     „;,  ^„„„^.  ^^  .,g^,„ 

histractions  to  restore  the  vessel  uj)on  "  the  peculiar  cir-  *•• """'• 

cmnstances  of  tliis  case."  But  the  Tribunal  (»f  Arbitration  will  observe 
that,  inasmuch  as,  notwithstanding  his  first  decision  of  the  tth  of  No- 
vomber  above  cited,  he  did,  in  his  second  instructions,  fully  approve  of 
the  course  of  the  Governor  in  receiving  the  vessel  origie.ally  as  a  man- 
ofwar,  in  violation  of  the  Queen's  Proclamation  anci  of  well-settled 
jirinciples  of  International  Law,  and  against  the  sensible  and  honest 
iidvice  of  Kear-Admiral  Sir  lialdwii!  Walker,  h(»  was  in  no  ]tosition  to 
shelter  the  British  Government  from  responsibility  for  the  hostile  act  of 
her  officials,  by  pleadingany  spe<rial  or  peculiar  circumstances. 

It  is  necessary  now  to  go  back  and  bring  up  the  history  of  army  pur- 
chases and  blockade-running.     Walker  and   Porter  were 
left  established  as  agents  at  Bermuda,  and  lleyliger  at     ""'"  '"'""""• 
^'assau. 

On  the  2Stli  of  March,  18()3,  Fraser,  Trenholm  &  Co.  were  notified 
that  the  insurgent  Secretary  of  the  Treasury  had  "  appointed  3Ir.  Lewis 

'  Wodehonse  to  Walker,  Vol.  IV,  pn^e  21t) ;  Vol.  VI,  piifr«  '^'>'^- 
''  Walker  to  Wodelioust^  Vol.  IV,  i»u<!;(!  21l» ;  Vol.  \l,  pa-..'  4()0. 
'Wddfliouso  to  Duke  of  Newcastle,  Vol.  VI,  paye  'i'M  ;  Vol.  IV,  pape  400. 
*  Uiiiiaid's  Neutrality  of  Great  Ihitain  duriiiy  thi'  American  Civil  War,  payo  425. '  See 
also  Vol.  Ill,  page  207,  and  Vol.  VI,  page  4():{. 
''  Wodcliouso  to  Newcastle,  Vol.  IV,  page  '2'2'J ;  Vol.  VI,  page  465. 
''Vol.  IV,  page  230. 

'  Diike  of  Newcastle  to  Sir  P.  Woodlionso,  Vol.  IV,  page  241 ;  Vol.  VI,  page  468. 
"Same  to  same,  Marck  10,  Vol.  IV,  page  242;  Vol.  VI,  page  46i). 


L!*i 


112 


WHEREIN    GREAT    BRITAIN    FAILED    TO 


Cottfin  htiiprnt- 


He.ylipipr  n  depositary  of  the  treasury  at  Nassau,  Xcw  Provitlence, 
aiKl  Colonel  Norman  S.  Walker  a  (le*positary  at  lieruuula  ;"*  and  [27.1] 
they  \v(.'re  told  that  ]\Iessrs.  IIeyli;;er  and  Walker  would  forward 
shij)inents  of  eotton  on  aeiount  of  the  treasury,  and  would  draw  on  them 
for  fluids  to  pay  expenses  of  the  vessels  and  to  make  purchases  of  retniii 
carf'-oes.  They  were  also  informed  that  shipments  of  cotton  would  he 
ma^le  by  way  of  Nassau  and  Jiermuda  by  the  authorities  at  Kichnu)n(l, 
and  they  were  tlirected  to  i)ay  the  proceeds  of  such  shipments  to  Mr. 
Huse.  Tlie  eotton  was  sent  forward  as  opportunity  ott'ered.  Thus,  ior 
instance,  in  May,  ISO.},  thi'  navy  transported  to  Nassau  live  hundred  and 
seventyiive  bales  for  the  treasury.^  The  shipments  were,  in  fact,  goin;,' 
whenever  there  was  oppoitunity. 

i\rr.  J.  M.  Seixas  was  also  ai)pointed  ajjent  of  the  insurj^ent  War 
Department  iu  the  ports  of  Wilminjjton  and  Charleston,  "to  take  charjio 
of  all  that  relates  to  the  ntnniiitf  of  the  steamers  of  the  Department  sail- 
inji'  fVom  and  arrivinjj  at  those  ])(>rts."^ 

On  the  ISth  of  April,  l.S(»,J,  Walker  forwarded  to  Fraser,  Trenholm  & 
Co.  8(K>  bales  of  cotton,  drew  a.i;'ainst  it  for  £L'0, 001)  for  lii.s 
own  disbursements  for  commissary  stores,  and  notified  Iluse 
that  the  balance  would  jjo  to  his  credit  with  Fraser,Trenholm*  &  Co. 
rie  also  reported  the  arrival  at  Ijernuuhi  of  '•  Confederate  steam-  [270] 
ers,"  block.ide  runners,  with  cotton,  aiul  he  called  Iluse's  attention 
to"the  imi>ortaiiceof  sendinj^  to  this  place  (Uennuda)  one  or  two  carg;'oes 
of  Duflryne  coal  for  the  Gnrerumcnt  steamers ;^^  and  adds:  "You  will 
readily  see  the  iiijurimis  delay  which  nmy  result  from  the  want  of  a 
pro])er  sui^ply  of  coal."  He  also  says:  '■'•From  all  that  I  can  ham,  aiuj 
Coufeilcriik-  manoj'-irar  irhUh  mail  come  to  this  port  ictll  have  no  diJjicuU}) 
in  coaVntij  mtd  procnrinff  supplies."^ 

Tiie  bltukade-runners  of  the  IJichmoiul  authorities  were  by  this  tinio 
well  known,  and  were  making  re,!:4ular  voyages.  The  Cornubia  was 
runninij  before  Jainiary,  1S(m.''  The  (lirafte  and  the  Cornubia  ran  regu- 
larly to  l>ermn<la  and  to  Nassau,'^  in  February,  1<S0.}.  One  or  two  more 
were  thought  "highly  desirable.'"  In  ^larch  there  was  "enough  to  ein- 
l)loy  three  steanu'rs  ibr  some  time  to  tome,"  and  Iluse  was  autl  ri/cd 
"to  add  lo  the  licet  two  more  good  switt  steamers,"',  and  was  fur- 
nished with  a  credit  of  £2(MMMM>  on  Fraser,  Trenholm  &  Co." 

The  insurgent  government  was  all  this  while  iu'g*ing  its  agents  [277] 
to  dispatch  arms  and  munitions  of  war.  In  Ai)ril,  1803,  twenty 
thousand  Kufii^ld  rifle  bayonets  were  wanted  as  soon  as  possible."  On  the 
Gth  of  ]May  "one  hundred  and  fifty  thousand  bayonets"  were  wanted, 
"and  lead  and  salti)eter  in  large  <juantities."^".  Ou  the  1st  of  June, 
Walker  is  ordered  to  send  "  paper  for  making  catridges  by  the  first  boat ;"' 
"ifihere  is  none  on  hand  send  to  Major  Iluse  to  buy  a  large  quantity"" 
Two  days  later  he  was  ordered  to  send  "  Colt's  pistol-caps  as  soon  as 
possible,"'-'  They  were  wanted  for  Lee,  who  was  preparing  to  move  to- 
ward Gettvsbnrgh. 


'  Mctiiniiiij^cr  to  I'i:i-*'T.  Trciiljoliii  A:  t'n.,  "JHtli  March,  IHii'.i,  Vol.  \'I,  IKlgo  US. 

-  Mciiiiiiiiij;!'!-  to  Jl;illi>ry,  t>!h  M;;;.\  l>i>.\,  \'ol.  \"I,  pajio  119. 

=•  Nildoii  to  >ii'ixas.  7tli'A|>ril.  l.-^tiV.  Vol.  VI,  pago  IV.\. 

*  WalUi-r  (o  llii.si>.  1-tli  April,  l^&>,  Vol.  VI,  paj^e  ll.'j. 

^  (ioiyas  to  Ilu.se,  1st  .laiuiaiy,  li^;i:5,  Vol.  VII,  page  48. 

B  .Same  to  saiiu',  "Jiitli  1\  liiuaiy,  l-li:!.  Vol.  VII,  pajje  48. 

'  f?aim'  to  saiiif,  f^tli  MuilIi.  Vo!.  VII,  i)agt'  4.-?. 

"  Saiiif  to  same,  "Jtli  Maivli.  Vol.  VII.  iiage  49. 

«  lioigas  to  llnsi'.  Vol.  VII.  j.agi-  .M.  I 

"'  iSaiiic  to  saiiu',  titli  May.  \ol.  VII.  page  51. 

"  (joigas  to  WalkiM-,  Vol.  VII.  page  o4. 

"*  iriaiiic  to  sauR',  Vol.  VII.  i)agc  54. 


PERFORM   ITS   DUTIES   AS   A  NEUTRAL. 


113 


[275] 


,  goiii;,' 


[270] 


On  the 
ivaiitt'il, 
If  Jniu', 

boat  ;■' 
utity"" 
,0011  as 

lovo  to- 


\U6. 


Walker  shows  in  all  tins  eniorgencj-  a  fear  of  being  crippled  for  want 
of  coal.  On  the  21st  of  March  he  was  arranging  for  a  cargo  in  the  jmrt 
of  IJoruuula.'  On  the  29th  of  IVIarch  he  writes  that  he  has  pnrchased 
that  cargo,  and  wants  more.'*  On  the  IGth  of  May  he  nrges  Ilnse  to 
seud  coal.  "Every  steamer  takes  from  one  hnndred  and  sixty  to  one 
liundrcd  and  eighty  tons."  He  has  bnt  six  hundred  tons  left.^  On  the 
23d  of  May  he  again  calls  attention  "most  earnestly  to  the 
[27  j]  *iniportanceof  keeping  him  supplicMl  with  good  steam  coal."  He 
"hopes  that  some  are  already  on  the  way."  His  "  stock  is  almost 
exhansted."*  On  the  30th  of  June  he  cries  "send  us  coal,  coal,  coal! 
Each  steamer  takes  one  hundred  and  eighty  tons,  so  that  six  hundred 
tons  will  be  quickly  consumed."''  Again  on  the  Oth  of  July  he  writes 
"coal,  coal,  (!oal.  S'-nd  me  two  thousand  tons.  Tlie  Ijcc,  I  fear,  will  be 
laid  up  for  the  want  of  it.  You  may  calculate  that  each  steamer  will 
take  one  hundred  and  eighty  tons.""  He  wrote  also  to  Eraser,  Tren- 
holm  &  Co.,  to  the  same  eli'ect,  saying  that  there  should  be  a  "  reserve 
there  of  at  least  three  or  four  thousand  tons.""  »Shii)ment8  were  made, 
and  the  supplies  reached  him  before  there  was  any  serious  detention  of 
the  blockade-runners.  He  was  enabled  to  fulfill  all  the  onlers  given  in 
Kichniond  a  short  time  before  the  advance  of  Lee's  army  into  Pennsyl- 
vania. 

In  spite  of  the  countenance  given  by  the  authorities  in  Bermuda  and 
Nassau,  funds  could  not  be  forwarded  fast  enough  to  Major 
Huse  to  meet  the  great  demands  madt;  upon  him  at  this  ermmM'um?r"st,,"m 

time.    Onthe23dof  July,18G;{,  "on  behalf  of  the  Con-  """'' ""■""" 

[279]  federate  Government,"  he  made  an  arrangenjent  with  *the  INIer- 
cantile  Trading  Company  for  an  advance  of  £150,000,  to  bo  ex- 
tended to  £300,000,  for  the  purchase  of  goods  for  the  insurgents,  avul 
their  shipment  by  the  company,  "via  Bermuda,  Nassau,  or  Havana  ;" 
"the  Contederate  iGovernment  to  have  two-thirds  cargo  space  iu  each 
vessel,  the  company  one-third  each  way;"  "the  cotton  receive*!  from 
the  Confederate  States  to  be  consigned  to  the  company's  agency  in  Liv- 
erpool."" Stringer,  the  managing  director  of  the  company,  soon  be- 
came doubtful  of  Huse's  powers,  and  wrote  ]Mr.  Mason,  saying  that  he 
liad  already  advanced  him  £2(),000  on  saltpeter,  and  inquiring  about 
the  powers;*  to  which  Mason  replied  that  he  did  not  know  about  the 
extent  of  lluse's  powers,  but  that  he  had  no  doubt  that  the  saltpeter 
Avould  be  taken  by  the  insurgents.^"  Stringer's  doubts  were  soon  set  at 
rest;  for  it  would  seem  that  about  that  time  there  must  have  been  re- 
ceived in  London  an  agreement  without  date,  executed  in  Itichmond  by 
'•J.  Gorgas,  Colonel,  Chief  of  Ordnance,"  anil  "approved"  by  "J.  A. 
SeiUlon,  Secretary  of  War,"  which  probably  rej)laccd  the  temporary 
agreement  of  July  23.  Eive  steamers  were  to  be  put  on  to  run  from 
Bermuda  or  Nassau  to  Charleston  or  Wilmington,  two  thirds  to 
[2S0]  be  owned  by  the  insur*gents,  and  one-third  by  the  British  con- 
tractors. The  insurgents  were  to  pay  for  their  two-thirds  in  cot- 
ton, at  Charleston,  and  were  to  be  allowed  commissions  for  their  part  of 

» Walker  to  Hnse,  21  March,  Vol.  VII,  page  GO. 

^  Sauio  to  saino,  Vol.  VII,  pauo  M. 

'  Same  to  same,  Kith  May,  InoU,  Vol.  VII,  page  52. 

*  Same  to  Maine,  Vol.  VII,  pajjo  .')3. 

*  Same  to  same,  Vol.  VII,  page  55. 

8  Same  to  same,  Vol.  VII,  page  5fi. 

»  Walker  to  Huse,  Vol.  VII,  page  57. 

*Memoraudam  made  in  London,  2:Jd  July,  1863,  Vol.  VI,  page  13G. 

9  Stringer  to  Mason,  IGth  September,  18G3,  Vol.  VI,  page  134. 
'0  Mason  to  Stringer,  19th  September,  1803,  Vol.  VI,  page  138. 

S.  Ex.  31 8 


.    Si 

;.i   i     I! 


114 


WHEBEIN   GREAT   BRITAIN   FAILED   TO 


the  work,  the  other  contracting  parties  having  a  similar  allowance.  Tlie 
portion  of  the  proceeds  of  cotton  belonging  to  the  insurgents  was  "  to  be 
paid  to  the  credit  of  the  War  Department  with  Messrs.  Fraser,  Tren- 
holm  &  Co.,  of  Liverpool."  The  insurgents  were  to  furnish  oOicers  to 
command  the  vessels.  The  document  was  signed  by  "C.  E.  Thorburn," 
and  by  "Clias.  H.  Keid  &  Co.," and  by  "The  Mercantile  Trading  Co.,  Lim- 
ited ;  Edgur  P.  Stringer,  Managing  Director,  London,  -o(i  September, 
18G3."'  Mr.  Thorburn  was  a  shareholder  in  the  Trading  Comijany,^  and 
on  the  3d  of  October  Mr.  Stringer  is  found  corresponding  with  him  about 
the  purchase  of  these  vessels.^ 

Meanwhile  the  operations  of  the  insurgents  at  Nassau  and  Bermuda 
had  gone  on  with  even  more  vigor  than  during  the  previous  year. 
Huse's  credit  had  ^een  strained  to  the  utmost,  but  was  now  restored. 
The  purchases  and  supplies  for  the  Quartermaster's  Department  ap[)ear 
to  have  been  transferred  during  this  summer  exclusively  to  Nassau. 
Seixas  was  instructed  to  place  one  thousand  bales  of  cotton  at 
Nassau  for  the  Quai"*termaster's  Department,  before  the  close  of  [281] 
the  year,  and  was  told  that  "the  wants  of  the  Quartermaster 
General  are  at  Nassau,  not  Bermuda."* 

Heyliger  diligentlj'  complied  with  his  instructions  to  forward  quarter- 
master's stores.  On  the  29th  of  October  he  sent  40  tons  by  the  "  Anto- 
nica,"  "  Margaret,"  and  "  Jessie."  On  the  2d  of  November  he  shipped  by 
the  "  llansa"  19  tons ;  the  next  day  by  the  "  Beauregard"  40  or  50  tons; 
and  a  large  quantity  by  the  "  xilice ;"  and  on  the  5th  of  November  he  sent 
20  tons  by  the  "  Banshee."  The  "Margaret"  and  the  "  Jessie"  were 
captured;  the  others  ran  the  blockade.  The  Quartermaster's  Depart- 
ment was  much  employed  iu  collecting  and  forwarding  cottou  to  meet 
these  purchases.* 

Major  Ferguson  was  iu  Liverpool  at  this  time  as  an  agent  for  the 
purchase  of  quartermaster's  stores,  and  was  sending  1/irge  amounts  for- 
wartl.  Fraser,  Trenholm  &  Co.  refused  his  di-afts,  because  Heyliger  had 
already  overdrawn  the  Quartermaster's  account."  Ferguson  thereupon 
wrote,  urging  that  cottou  should  be  forwarded.      "  1  have,"  he  says, 


a 


more  faith  iu  cotton  than  I  ever  had.     If  we  can  but  get  that 


or  most  *of  the  men,  as  well  as    [282] 


out,  we  can  buy  all  England,  for 
their  merchandise,  have  a  price. 
On  the  ud  of  November,  1803,  Mr.  Adams,  laid  before  Earl  Eussell 

"new  proofs  of  the  manner  in  which  the  neutrality  of  Her 
to  E'.r'r'iiuSs  Majesty's  ports  is  abused  by  the  insurgents  in  the  United 

States,  iu  order  the  more  effectually  to  procrastinate  their 
resistance,"  which  he  eontended  showed  the  "establishment  in  the  port 
of  St.  (ieorge's,  in  the  island  of  Bermuda,  of  a  depot  of  na\  al  stores  lor 
their  use  and  benefit  in  the  prosecution  of  the  war.'"'  This  information 
should  have  put  Lord  llussell  on  the  track  of  all  the  facts  in  regard  to 
Bermuda.  Had  Her  Majesty's  Government  pursued  the  investigations 
to  which  it  gav(^  them  the  clew,  it  would  have  done  so.  Earl  llussell, 
He.ee,  no  offense  <>»  thc  27th  of  Novcmbcr.  auswcrcd  that  "Her  Majesty's 
inihenu  Goveriuueut  do  not  consider  that  they  can  properly  inter- 

fere in  this  matter.'"*    The  dates  would  seem  to  indicate  a  possibility 
that  no  inquiries  were  made  at  Bermuda. 

»  Vol.  VI,  page  140.  n'ol.  VI,  page  144.  3  Vol.  VI,  page  143. 

*  Bayne  to  Seixas,  Septenilter  '^,  le;G3,  Vol.  VI,  page  139. 

*  liiiylo  to  Lawtoii,  November  13,  1863,  Vol.  VI,  page  147. 
6  Fraser,  Treubolm  &  Co.  to  Lawton,  November  2U,  180:1,  Vol.  VI,  page  149. 


^Furgusou  to  Lawtou,  December  23,  lti63,  Vol.  VI,  page  149. 


•  Vol.  I,  page  735. 


»  Vol.  I,  page  738. 


PERFORM   ITS   DUTIES   AS   A  NEUTRAL. 


115 


On  the  29th  of  December,  1863,  Mr.  Adams  wrote  Earl  Russell  that 
he  had  "  information  entitled  to  credit,"  that  Ralph  Cator,  "  an  officer 
in  Her  Majesty's  naval  service,"  was  '*  engaged  in  violating  the 
[283]  blockade ;"  and  that  there  was  *"  a  strong  disposition  on  the  part 
of  a  portion  of  Her  Majesty's  navy  to  violate  the  neutrality  of 
their  Sovereign  in  aiding  and  assisting  I  he  enemies  of  the  United 
States."'  This,  too,  was  answered  in  a  week  from  its  date,  without 
taking  the  trouble  to  inquire  in  the  West  Indies.'' 

Again,  upon  the  25tli  day  of  January,  1864,  Mr.  Adams  called  attention 
to  "  ihe  manner  in  which  tlie  insurgents  habitually  abuse  the  belligerent 
privileges  Avhich  h.ave  been  conceded  to  them  by  Great  Britain,"  It 
would  seem  that  lie  had  lately  had  a  conversation  with  Earl  Rnssell  on 
the  subject,  for  he  sf.ys  that  he  "  deems  it  almost  superfluous  to  enlarge 
further  on  the  difliculties  which  must  grow  oat  of  a  toleration  of  the 
outrageous  abuses  of  the  belligerent  privileges  that  have  been  granted  to 
the  insurgents."^  "  It  wonld  be  diflicnlt,"  lie  adds,  "  to  lind  an  example 
in  history  of  a  more  systematic  and  persistent  effort  to  violate  the  neu- 
tral position  of  a  country  than  this  one  has  been  from  its  commence- 
ment, that  has  not  brought  on  a  war.  That  this  has  been  the  object  of 
the  parties  engaged  in  it  I  have  never  for  a  moment  doubted."  "It 
must  be  obvious,"  he  says,  "  to  your  Lordship  that,  after  such  an  expo- 
sition, all  British  subjects  engaged  in  these  violations  of  blockade 
[284]  must  incur  a  suspicion  *strong  enough  to  make  them  liable  to  be 
treated  as  enemies,  and,  if  taken,  to  be  reckoned  as  prisoners 
of  war."  * 

Earl  Russell  replied  to  this  note  on  the  9th  of  March.^  He  ignored  the 
evidence  and  charges  of  the  hostile  use  of  the  British  West 
India  ports.  He  alludetl  to  a  charge  against  Lieutenant  teniini  "g'u  caiK 
Rooke,  which  he  set  aside  as  unimportant,  and  to  u  charge 
against  one  James  Ash  of  a  purpose  to  build  ships  for  the  insurgents.  As 
to  the  latter  charge,  he  reiterated  the  oft-repeated  plea  that  there  was  no 
"  legal  and  proper  evidence"  to  sustain  it;  and  having  disposed  of  these, 
he  confined  himself  to  a  notice  of  Mr.  Adams's  intimation  that  it  might 
boconie  necessary  to  treat  blockade-runners  as  prisoners  of  war.  TJiis, 
he  said,  could  not  be  assented  to. 

A  short  discussion  ensued,  which  was  closed  by  a  note  of  ]\Ir.  Adams, 
transmitting  further  evidence  of  the  character  of  the  trade  between  t.  e 
British  West  Indian  i>orts  and  the  insurgent  States,  and  calling  Earl 
liussell's  "  particular  attention  to  the  express  condition  exacted  from  all 
vessels  in  trade  with  the  insurgetit  ports,  that  one-half  of  the  tonnage  of 
each  vessel  may  be  employed  by  the  so-called  Government  for  its 
[285]  own  use,  both  on  the  *ont\vard  and  honunvard  voyage  ;"**  to 
which  Earl  Russell  replied  in  an  answer  in  which  he  said,  in  sub- 
stance, that  admitting' all  the  facts  sti.tod  to  be  true,  there  was  nothing 
in  them  worthy  of  attention ;  lor  "  the  subjects  of  Her  Ma-  „^  „^,„  „.^,  „„ 
jesty  arc  entitled  by  International  Law  to  carry  on  the  opera-  °''''"»« 'n"""" 
tions  of  commerce  equally  with  both  belligerents,  subject  to  the  capture  of 
their  vessels  and  to  no  other  penalttj.'"^ 

This  discussion  closed  the  correspondence  which  took  place  between 
the  two  Governments  on  this  branch  of  the  subject.  It  leftGreat  Britain 
justifying  all  that  took  place,  after  actual  knowledge  of  much,  and  pos- 


>  Vol.  I,  page  739.  -  Vol.  I,  page  740. 

*  Adams  to  Kitssell,  Vol.  I,  page  745. 

*  Russell  to  Adaais,  Vol.  I,  pages  749-51. 
"Adams  to  Rnssell,  Vol.  I,  page  75U. 

'  Russell  to  Adams,  Vol.  I,  page  757. 


»  Vol.  I,  page  74G. 


116 


WHEREIN   GREAT   BRITAIN  FAILED  TO 


sible  knowledjpre  of  all,  had  been  brought  within  its  reach.  It  left,  too,  the 
Queen's  Proclamation  as  to  this  subject  virtually  revoked,  and  Her  JMa- 
jesty's  subjects  assured  that  it  was  no  violation  of  international  duty  to 
break  the  blockade.  It  is  worthy  of  remark  that  Lord  Westbury,  the 
Lord  High  Chancellor,  gave  a  judicial  decision  to  the  same  effect,'  which 
was  soon  after  followed  by  the  High  Court  of  Admiralty.*  The  ev^'.u- 
tive  and  judicial  branches  of  the  British  Government  were  thn<=* 
a  second  time  brought  into  *accord  in  construing  away  Her  Lia-  [28G] 
jesty's  Proclamation. 

Blockade-running  throve,  and  Nassau  and  Bermuda  prospered  under 
Bio. k«de  -  ninniii,  tlicso  Tcpcated  dccisiocs  of  Her  Majesty's  Government.    The 
'^JlnZ'i^n?  ilov.  Florida,  too,  arrived  at  Bernnida  on  the  ICth  of  July,  18G4, 
.mnwut.  and  remained  there  until  the  27th,  taking  coal  and  sup- 

plies on  board ;  and  this  at  a  time  when  like  permission  was  refus  }d  to 
the  vessels  of  the  United  States. 

It  was  a  favorite  idea  of  the  insurgent  authorities  from  the  beginning 
to  become  interested  with  Englishmen  as  partners  in  blockade-running. 
One  contract  to  that  eifect  has  already  been  alluded  to. 

In  July,  1864,  Mcliae  reported  other  contracts.^  Captain  Bullock, 
with  whom  (he  said)  I  [Mcliae]  am  directed  by  the  Secretary  of  the 
Treasury  to  consult,"  was  a  party  to  the  transaction.  These  contracts 
"  made  provisions  for  fourteen  steamers,  four  to  leave  during  the  month 
of  August,  eight  in  December,  and  two  in  April,  1805."^  They  were  to 
be  "  built  of  steel,  and*  to  carry  one  thousand  bales  of  cotton  each,  on  a 
draught  of  seven  feet  water,  and  with  an  average  speed  of  thirteen 
knots  per  hour."^  Arrangements  were  at  the  same  time  made  for  the 
purchase  of  supplies  for  Huse  and  Ferguson  pending  the  fin- 
*ishing  of  the  vessels.  The  "  Owl "  was  the  first  of  these  vessels  [287] 
to  arrive.  The  insurgent  Navy  Department  claimed  the  right  "  to 
place  a  naval  officer  in  charge  of  her  in  conformity  with  regulations."* 
The  treasury  doubted  this,  but  Mallory  insisted  upon  his  right.^  This 
drew  from  Bullock  an  indignant  letter,  complaining  that  the  navy  had 
taken  these  vessels.  Good  ships  were  building  for  the  navyj  why  take 
these  vessels,  which  were  not  suited  for  naval  purposes.^ 

On  the  5th  of  October,  18C4,  orders  were  given  for  more  arms,  and 
Mcliae  was  ordered  to  supply  Huse  with  $50,000  for  the  purpose.'  Ou 
the  2Gth  of  November,  Ferguson  reports  his  doings  in  the  purchase  of 
woolen  goods,  and  gives  tlie  reason  for  "  making  Liverpool  his  head- 
quarters."" As  late  as  the  7th  of  January,  18G5,  McRao  is  ordered  to 
pay  to  Bullock  £105,000.  The  steamer  "  Laurel,"  the  same  which  took 
the  arms  anil  men  to  the  Shenandoah,  was  then  in  Wilmington.  She 
was  sent  out  with  a  cargo  of  cotton,  with  instructions  to  the  officer  iu 
command  to  sell  the  steamer  and  the  cotton,  and  to  pay  Bullock 
£12,000  out  of  tbe  proceeds,  putting  the  balance  to  the  credit  of 
the  *  treasury,  with  Fraser,  Trenholm  &  Co."  No  efforts  seem  to  [288] 
have  been  spared  to  sustain  the  dying  fortunes  of  the  insurrec- 
tion. The  insurgents,  at  the  last,  fell  into  the  unaccountable  error  of 
supposing  that  the  British  Government  intended  to  interfere  with  their 

« 11  Jurist  N.  S.,  400. 

3  Law  Reports  Admiralty  and  Ecclesiastical  Courts,  Browning,  Vol.  I,  page  1. 

3McRae  to  Seddon,  July  4,  1864,  Vol.  Vf,  page  163. 

*  Mallory  to  Trenholm,  September  21, 1864,  Vol.  VI,  page  171. 


6  Same  to  same,  September  22,  1864,  Vol.  Vl,  page  172. 
«  Bullock  to  McRae,  November  1,  1864,  Vol.  VI,  page  173. 
■>  Gorgas  to  Seddon,  October  5, 1864,  Vol.  VI,  page  172. 
"Ferguson  to  Lawton,  November 26,  1864,  Vol.  VI,  page  175, 
3  Trenholm  to  Fraser,  Trenholm  &  Co.,  December  24,lS64, ' 


Vol.  VI,  page  177. 


I^^j 


PERFORM   ITS   DUTIES   AS   A   NEUTRAL. 


117 


[287] 

ions."* 
This 
had 
take 

,  and 
Oil 
lase  of 
head- 
red  to 
li  took 
She 


[288] 

Tor  of 
their 


Continued  partiality. 


blockaderunninjr.  They  changed  tlie  apparent  ownership  of  the  Stag 
into  the  name  of  John  Fraser  &  Co.,  k;st  it  sliould  be  seized  as  "  a 
transport  owned  by  the  Confederate  States,  'jii gaged  in  the  blockade."^ 
It  is  needless  to  say  that  the  precaution  was  not  required.  Evidence 
had  over  and  over  again  been  laid  before  Lord  Kussell  that  these 
blockade-runners  were,  in  fact,  transports  (►f  the  insurgents,  carrying 
their  funds  for  Liverpool,  and  bringing  back  their  arms  and  munitions 
of  war,  and  that  the  operations  of  these  vessels  were  brought  clearly 
within  the  terms  of  the  Foreign  Enlistment  Act ;  but  he  ever  turned  a 
deaf  ear  to  the  charges. 

On  the  15th  of  March,  1865,  Mr.  Adams  complained  of  this  matter  for 
the  last  time.  The  United  States  steamer  San  Jacinto 
having  been  wrecked  on  the  Bahamas,  and  her  ofhcers  and 
crew  having  found  shelter  at  Nassau,  the  "  Honduras,"  also  a  man-of- 
war,  was  sent  there  for  the  purpose  of  paying  in  coin  the  claims 
[289]  for  salvage.  *The  Consul  asked  permission  for  the  "  Honduras"  to 
enter  the  port,  which  was  refused,  although  the  "  Florida"  had, 
less  than  six  mouths  before,  remained  eleven  days  at  Bermuda,  and 
taken  on  board  a  full  supply  of  coal.  In  bringing  this  breach  of  hospi- 
tality to  the  notice  of  Earl  Kussell,  Mr.  Adams  said :  "  1  shall  not  seek 
to  dwell  on  the  painful  iin])ression  this  proceeding  has  made  in  the 
Naval  Department  of  the  United  States,  which  at  the  same  time  had 
too  much  reason  to  be  cognizant  of  the  abuse  made  of  that  p  t  by 
persons  practically  engaged  in  hostilities  in  violation  of  Her  Majesty's 
Proclamation.  There  was  no  single  day  during  the  month  in  which  tliis 
incident  happened  that  thirty-five  vessels,  engaged  in  breaking  the 
blockade,  were  not  to  be  seen  flaunting  their  contraband  flags  in  that 
port.  Neither  has  its  hospitality  been  restricted  to  that  hybrid  class 
of  British  ships  running  its  illegal  ventures  ou  joint  account  with 
the  insurgent  authorities  in  the  United  States.  The  Chameleon,  not 
inaptly  named,  but  before  known  as  the  Tallahassee,  and  still  earlier  as 
a  British  steamer  fitted  out  from  Loudon  to  play  the  part  of  a  i)rivateer 
out  of  Wilmington,  was  lying  at  that  very  time  in  Nassau,  relieved 
indeed  of  her  guns,  but  still  retaining  all  the  attributes  of  her  hostile 
occupation.  But  a  few  days  earlier  the  steamer  Laurel,  whose 
[290]  history  *is  already  too  well  known  to  your  Lordship,  by  my  note 
of  the  7th  i!istant,  had  reappeared  after  its  assumption  of  the 
name  of  the  Confederate  States,  aiul  had  there  been  not  only  received, 
but  commissioned  with  a  post  mail  to  a  port  of  Her  Majesty's  Khig- 
doin."^  Lord  Kussell  took  no  notice  of  Mr.  Adams's  charge,  that  many 
of  these  blockade-runners  were,  in  fact,  transports  in  the  insurgent  ser- 
vice, and  that  the  ports  of  Nassau  and  Bermuda  were  depots  of  ordnance 
ami  quartermasters'  stores.  His  only  reply,  made  four  days  after  the 
surrender  of  Lee  at  Appomattox,  was  a  repetition  of  the  old  story, 
"there  is  nothing  lu  the  law  of  nations  which  forbids  the  attempt  of 
neutral  ship-owners  or  commanders  to  evade  the  blockade."'  To  the 
last  the  British  Government  refused  to  interfere.  The  fears  which  in- 
duced the  insurgents  to  try  to  cover  up  the  ownership  of  the  "  Stag" 
were  groundless.  The  partnership  continued  until  the  United  States 
interfered,  and  closed  the  business,  before  the  English  partners  could 
deliver  the  last  vessels  under  the  contract. 

It  is  necessary  to  add  a  few  words  in  regard  to  the  closing  operations 
of  Bullock's  department,  before  bringing  this  imperfect  outline  o I  Great 
Britain's  violation  of  its  duties  as  a  neutral  to  a  close. 

'  Trenbolm  to  Mallory,  December  17, 1864,  Vol.  VI,  page  176. 
*  Adams  to  Russell,  Vol.  I,  page  709. 
3  Rusaell  to  Adams,  Vol.  I,  page  714. 


ii 


W  ' 


118 


WHEREIN   GREAT   BRITAIN   FAILED   TO 


Tbe  Rnppuhnnnnc'k. 


*On  tbe  30th  of  November,  18G3,  tbo  London  Times  announced    [291] 
that  "tbe  screw  gun- vessel  'Victor,'  recently  pur- 
cbased  from  tbe  Admiralty,  bas,  as    had   been  exp"cted, 
passed  into  tbe  bauds  of  tbe  Confederate  (Toverumeut.''-    "  Tbe  '  Victor,' 
an  old  dispatcb-boat  belonging  to  Her  Majesty's  Navy,  was  one  of  a 
uumber  of  sbii)s  ordered  by  tbe  Admiralty  to  be  so'd  as  worn  out  and 
unserviceable.    An  offer  for  ber  was  accepted  on  tbe  14tb  of  September, 
1803,  and  on  tbe  lOtb  of  Novembertbe  bull  wasdelivered  to  tbeorderof  tbe 
purchasers,  Messrs.  Coleman  &  Co.,  tbe  masts,  sails,  and  rigging  having 
been  previously  removed,  as  tbe  pivots  and  other  fittings  for  guus."* 
The  steamer,  instead  of  being  taken  away,  remained  at  Sheerness, 
"refitting,  under  tbe  direction  of  i)ersons  connected  with  the  royal 
dock-yards."^    Many  facts  came  to  the  knowledge  of  Mr.  Adams,  indi- 
cating that  tbe  vessel  was  intended  for  tlie  insurgents.    In  pursuing  bis 
inquiries,  however,  tbe  suspicions  of  tbe  i)arties  concerned  were  probably 
excited;  for  tbe  vessel,  "by  no  means  prepared  for  sea,  and  with  no 
adequate  force  to  man  her,"  was  carried  with  the  workmen  actually 
engaged  upon  her,  across  tbo  English  Channel  and  taken  into 
Calais.    Mr.  Adanjs  called  Lord  IlusseU's  attention  to  these  *pro-    [292] 
ceedings,''  and  furnished  him  with  evidence  tending  to  show  the 
guilt  of  the  purchasers,  and  also  that  one  Uumble,  inspector  of  machinery 
afloat  of  Her  ]\IiiJesty's  dock-yard,  Sheerness,  had  been  the  principal 
person  concerned  in  enlisting  the  crew.    Humble  was  subsequently  tried 
and  acquitted,  although  the  proof  against  him  was  clear.    As  to  the 
vessel,  any  doubt  of  ber  character  was  at  once  removed.    The  insur- 
gent flag  was  hoisted,  and  she  went  into  commission  under  tbe  name  of 
the  llappahannock  in  crossing  the  Channel,  and  she  entered  the  port  of 
Calais  claiming  to  be  an  insurgent  luan-of-war.    What  was  done  there 
is  described  in  the  statement  of  the  Solicitor  General  to  the  jury  on  the 
trial  of  Rumble:    "The  preparations  for  equipping,  which  had  been 
interrupted,  were  proceeded  with;  a  number  of  boiler-makers  were  sent 
for  from  England,  and  many  of  them  were  induced  to  leave  their  employ- 
ment in  the  dock-yard  without  leave,  and  when  they  returned  they 
were  discharged  as  being  absent  without  leave;  attempts  were  made  to 
enlist  more  men ;  a  large  store  of  coals  was  taken  in ;  but  at  this  point 
the  French  Government  stepped  in.     The  French  Government,  not 
choosing  their  ports  to  be  made  the  scene  of  hostile  operations,  in- 
terposed, and  preveute<l  any  further  equipment  of  the  vessel,  *and    [293] 
by  the  short  and  summary  process  of  mooring  a  man-of-war  across 
her  bows,  prevented  her  going  out  of  the  port,  and  she  has  been  kept  ti 
l)risoner  in  the  harbor  ever  since."^    Contrast  again  the  course  of  the 
French  Government  with  that  of  the  British  Government  in  like  cases. 
What  vessel  bearing  a  commission  from  tbo  Iticluuond  authorities  Avas 
ever  disturbed  by  a  ikitish  gunboat,  no  matter  how  flagrant  might  have 
been  ber  violations  of  British  sovereignty  ? 
In  tbe  summer  or  autamn  of  the  year  18G4,  there  was  in  London  a 
vessel  called  the  Sea  King.    She  was  a  merchant  steamer 
which  bad  belonged  to  a  J5ombay  company,  and  had  been 
employed  in  the  East  India  trade."    On  tbe  20th  of  September  in  that 
year  she  was  sold  in  Loudon  to  Richard  Wright,  of  Liverpool,' the  father- 

»  Vol.  II,  page  725. 

*  Bernard's  Neutrality  of  Great  Britain,  papfo  357. 
''  Mr.  Adams  to  Mr.  Seward,  Vol.  II,  page  7'ZQ 

*  Vol.  II,  pages  727, 735, 738, 747, 751, 754, 771, 776, 787. 

*Vol.  IV,  page5H3.  .5 

*  Bernard's  British  Neutrality,  page  359. 
»  Vol.  m,  page  319. 


The  Shenandoah. 


PERFORM   ITS   DUTIES   AS   A  NEUTRAL. 


119 


inlivw  of  Priolcau,  of  South  Carolina,  tbe  managing  partner  in  tho 
Liverpool  liouso  of  Fraser,  Trcnholiu  »&  Co. 
On  the  7tJ»  of  October  Wright  gave  si  power  of  attorney  to  one  Cor- 


bett,  an  Englishman,  "  to  sell  her  at  any  time  within  six  months  for  a 
BUin  not  less  tban  £45,000  sterling.    On  tbe  next  day  sbe  eleared  for 

[20-1] 


Bombay,  and  sailed  with  a  large  snpi)ly  of  eoal  and  about  fifty 
tons  of  metal  and  a  *crew  of  forty-seven  men.'"  Corbett  sold  her 
to  the  insurgents  on  the  high-seas,  or  rather  nnule  tbe  ibrm  of 
transfer  comply  wit  It  tbe  facts  of  tbe  original  transaction  whi<*h  took  ]>lace 
in  England.'^  On  the  day  after  the  Sea  King  left  London,  the  Laurel,  a 
screw-steamer,  "nearly  new  hnilt,  very  strong,  and  admirably  adai>(ed 
for  a  privateer,""  leit  Liverpool,  clearing  for  Matamoras  via  Nassau.  She 
took  on  board  "a  number  of  cases  containing  guns  and  carriages;'"  and 
she  had  "twenty-one  seamen,  six  stewards,  besides  deck-bands  and 
firemen,"*  as  first  reported  by  the  Consul  at  Liverpool.  Further  infor- 
mation after  sbe  left  le«l  him  to  write  that  sbe  had  taken  "about  one 
hundred  men,  forty  or  liftj'  of  whom  were  on  tbe  pirate  Alabama,  and 
all  Englisbmen."^  Tlie  two  vessels  met  off  Madeira.  On  tlie  morniuflf 
of  tbe  ISth  of  October  they  went  together  to  tbe  barren  island  of  Porto 
Santo  near  Madeira,  and  there,  with  eighteen  hours'  work,  transferred 
to  tbe  Sea  King  tbe  arms  and  ammunition  from  tbe  Laurel,  "guns, 
gun-carriages,  sbot,  shell,  powder,  clothing,  goods,  &(;.""  Tbe  insurgent 
conunander  of  tbe  Sea  King  and  about  forty  men  came  out  of  tho 
[205]  Laurel  and  took  possession  of  *the  vessel,  and  named  her  tlie 
Shenandoah;  tbe  insurgent  fiag  was  hoisted,  tbe  Laurel  boisted 
tlie  English  tlag,  and  took  on  board  some  of  the  men  of  tbe  Sbenandoah, 
Avho  could  not  be  induced,  even  by  "a.  bucketful  of  sovereigns,"  to  aid 
ill  violating  the  Queen's  Proclamation  ;  and  th.e  two  vessels  separated. 

Tbe  next  appearance  of  the  Shenandoah  in  a  British  jwrt  was  at  Mel- 
bourne in  January,  1805.  Her  character  and  history  were  well  known, 
and  were  at  once  brought  to  tbe  notice  of  the  Governor  by  tbe  Consul 
of  the  United  States.'  Tbe  evidence  was  so  cletir  that  tbe  authorities 
evidently  felt  they  must  go  through  the  form  of  arresting  and  examin- 
ing ber.  This  was  tbe  shell  conceded  to  the  United  States.  Tbe  kernel 
was  reserved  for  the  in  surgcnts.  Tb  e  vessel  was  discharged  and  al  lowed 
to  nake  extensive  repairs;  to  go  upon  a  dry  dock;  to  take  on  board 
three  hundred  tons  of  coal,  having  at  the  time  four  hundred  tons  on 
board ;  and  tbe  authorities  deliberately  shut  their  eyes  while  she  enlisted 
about  fifty  men." 
The  Shen.'indoah,  with  its  British  crew,  continued  its  career  of  destruc- 
tion until  long  after  tbe  insurgents  had  abandoned  the  contest  in 
[29G]  America.  It  was  not  until  tbe  lOtb  of  June,  1805,  that  Bul*lock, 
managing  things  to  tbe  last,  issued  his  instructions  to  Captain 
Wadilell  to  desist."  This  communication  the  Foreign  Oflice  undertook 
to  forward  to  him.'"  Captain  Waddell  arrived  with  his  ship  in  the  Mer- 
sey ill  November,  1805,  and  surrendered  bis  ship  to  the  British  Govern- 
ment, by  whom  it  was  handed  over  to  tbe  United  States. 

>  Dudley  to  Sowanl,  Vol.  Ill,  p.ago  319. 
»  Wilson's  affieliivit,  Vol.  Ill,  i>iigo  326. 
«  Dndley  to  Seward,  Vol.  Ill,  page  316. 
*  Dudley  to  Adams,  Vol.  Ill,  page  317. 
6  Dudley  to  Seward,  Vol.  Ill,  page  318. 
0  Wilson's  affidavit.  Vol.  Ill,  page  325. 
■>  Vol.  Ill,  pages  31)3,  394,  396,'  396. 
8Vol.  Ill,  pages  384-444. 
9  Bullock  to  WnddcU,  Vol.  Ill,  page  457. 
«>  Hammond  to  Mark,  Vol.  Ill,  page  459. 


If 


m^.-i 


120 


WHEREIN   GREAT   BRITAIN   FAILED  TO 


It  is  tluo  to  (hvat  IJritaiii  to  say  that,  in  addition  to  tlic  rams,  Rome 
Mr.  M.n„.,,«u^  otlioi"  vcsscis  wvi'ii  dctaiiicd  by  IJcr  Majosty'-s  (lovt'ruiuent. 
Il:ir;i;!n'',,!',iT;  Mr.  Mountajjuc  Jit'ruard,  one  of  Her  Majesty's  Ilijuh  Com- 
lir.i.iKni,,,,.  inissioiiors  at  Wasliin^^ton,  in  liis  able  and  courteous,  but 
essentially  JJritish,  "Historical  Account  of  tlio  Neutrality  of  Great 
Britain  durinjf  tlie  American  Civil  War,"'  tlins  recapitulates  the  action 
of  the  Ihitish  Clovernnjent  in  the  cases  which  have  not  been  hitherto 
noticed  in  this  paper.  From  his  position,  it  may  reasonably  bo  assumed 
that  tl>^  list  is  a  complete  one  : 

"  November  18,  l.S(»L* — The  Hector.  Mr.  Adams's  application  referred 
to  the  Admiralty  November  18.  This  was  an  incpiiry  whether  the 
Hector  was  building  for  Her  Majesty's  (lovernment.  On  reference  to 
the  Admiralty  it  was  answered  in  the  alhrmative. — .January  1(5, 
]8(];j — The  Gcorffiana.  Keferred  to  Treasury  and  Home  *Otli<*e  [297] 
January  17.  Sliip  said  to  be  litting  at  Liverpool  for  the  Conled- 
erates.  Mr.  Adams  could  not  divulge  the  authority  on  which  this  state- 
ment Avas  made.  Reports  from  the  customs,  sent  to  Mr.  Adams  on  the 
18th,  li)th,  and  27th  of  January,  tended  to  show  that  she  was  not  de- 
signed ior  war.  She  sailed  on  the  21st  of  January  for  Nassau,  and  on  the 
lOth  of  March  was  wrecked  in  attemi)ting  to  enter  Charleston  Harbor.— 
March  20,  18(5,'j — The  FhunUmi  and  the  SotUhcrncr.  Keferred  to  the 
Treasury  and  the  Home  Otlice  March  '  T,  to  the  Law  Ollicers  of  the 
Crown  June  2.  The  Phantom  was  tilting  at  Liveri)ool,  the  Southerner  at 
Stockton-on-Tees.    Loth  proved  to  be  intended  for  l)lockad('-runners. 

#  *  #  * — March  18,  1804 — The  Amphlon.  itelerred  to  Homo 
Office  March  18.  This  vessel  was  said  to  be  equipped  for  the  Confeder- 
ate service.  The  Law  Officers  reported  that  no  case  was  made  out.  Slie 
was  eventually  sent  to  Copenhagen  for  sale  as  a  merchant-ship. — April 
10,  1801— The  JIaicL  lieferred  to  the  Home  Office,  to  the  J^ord  Advo- 
cate, and  the  Treasury  April  18.  This  case  had  been  already  (Ajiril  t) 
roi)orted  on  by  the  customs,  and  the  papers  sent  to  the  Lord  Advocate. 
On  the  It'Jth  of  April  the  ship,  which  was  suspected  of  having  be(!U  built 
for  the  Confederates,  left  the  Clyde  without  a  register,  and  came 

to  Greenhithe.  The  Law  Offic^ers  *decided  that  there  was  no  evi-  [-9SJ 
deuce  to  warrant  a  seizure.     She  i)r(ned  to  be  a  blockade-runner. 

*  *  *  — January  30,  180."i — The  Viryinia  and  tlm  Louisa  Ann  Fann)/. 
Referred  to  Treasury  February  1.  Yes.sels  said  to  be  in  course  of  eruip- 
ment  at  London.  No  case  was  established,  and  they  proved  to  be  biock- 
ade-runners,  as  reported  by  the  Governor  of  the  Bahamas,  who  had  been 
instructed  to  watch  their  proceedings. — February  7, 1805 — The  Hercules 
and  Ajax.  Eeferred  to  Treasury  and  Home  Office  February  8  and  9. 
Both  vessels  built  in  the  Clyde.  The  Ajax  lirst  proceeded  to  Ireliud, 
and  was  detained  at  (Jueenstown  by  the  mutiny  of  some  of  the  aew, 
who  declared  she  was  for  the  Cmifederate  service.  She  was  ac(!ordiiigly 
searched,  but  proved  to  be  only  fitted  a's  a  merchant-ship.  The  Gov- 
ernor of  the  Bahamas  was  instructed  to  watch  her  at  Nassau.  On  her 
arrival  there  she  was  again  overhauled,  but  iiot,hing  suspicious  discov- 
ered, and  the  Governor  reported  that  she  was  adapted,  and  he  believed 
intended,  for  a  tug-boat.  The  Hercules  being  still  in  the  Clyde,  inqui- 
ries were  made  by  the  customs  officers  there,  who  reported  that  she  was 
undoubtedly  a  tug-boat,  and  the  sister  ship  to  the  AjaxJ^ 

This  is  the  whole  catalogue  of  good  works,  additional  to  those  alrexdy 
alluded  to,  which  the  accomplished  advocate  of  Great  Britain  is 
able  to  put  in  *as  an  offset  to  the  simple  story  of  injuries  which    [299 
has  been  told  in  this  paper.    Comment  upon  it  is  unnecessary. 

'  lieruard's  Neutrality,  page  352. 


PERFORM  ITS  DUTIES  AS  A  NEUTRAL. 


121 


The  rhnrR*.'!i  in  Mr, 
Fiwh't*  iristruc^ttm  ot 
StptemliLT  aa,  IHtil>, 
i«ii!)tiiinci.l  by  iliia  er* 
iiicnco. 


Tlie  United  States  have  now  completed  what  they  have  to  say  in  this 
coimection  of  the  conduct  of  Great  Britain  during  the  insurrection. 
Some  of  the  narrative  may,  in  its  ju'rusal,  appear  minute,  an«l  to  refer 
to  transactions  whicli  will  be  claimed  on  the  part  of  Great  Itritain  to 
liavc  been  conducted  in  confonnity  with  some  construction  of  alleged 
International  Law.  These  transactions  are,  however,  historically  nar- 
rutcd;  and  even  those  which  come  nearest  to  a  justification,  as  within 
some  precedent,  or  some  claim  of  neutral  right,  exhibit  a  disinclination 
to  investigate,  not  to  say  a  foregone  conclusion  of  adverse  decision. 
British  municipal  statute  rather  than  recognized  luternatioiml  Law  was 
the  standard  of  neutral  duty ;  and  the  rigid  rules  of  evidence  of  the 
English  Connnon  Law  were  applied  to  the  complaints  made  in  behalf  of 
the  United  States,  in  striking  contrast  to  the  friendliness  of  construc- 
tion, the  alacrity  of  decision,  and  the  ease  of  proof  in  the  interests  of 
the  insurgents. 

Before  proceeding  to  relate  in  detail  the  acts  of  the  several  cruisersj 
which  will  constitute  specitic  claims  against  Great  Britain,  the  United 
States  ask  the  Tribunal  to  pause  to  see  what  has  been  already  estab- 
lished. 
[300J       *ln  a  dispatch  from  Mr.  Fish  to  Mr.  Motley,  on  the  2oth  of 

September,  1809,  in  which  the  Government  of  the 
United  States,  for  the  last  time,  recited  diplomatically  its 
grievances  against  Great  Britain,  certain  statements  were 
made  which  were  esteemed  to  be  of  sufficient  importance  to 
be  tninsferred  to  Mr.  IMountague  Bernard's  book.  Mr.  Bernard  was 
l)]eased  to  say  of  these  statements,  that  a  "rhetorical  color,  to  use  au 
iuofl'cusive  phrase,  [was]  thrown  over  the  foregoing  train  of  assertions, 
which  i)urport  to  be  statements  of  fact."  The  United  States  now  repeat 
those  statements  which  IJer  Majesty's  Iligh  Commissioner  did  them  the 
honor  to  incorporate  into  his  able  work,  and  to  comment  upon,  and  they 
confidently  insist  that  every  statement  therein  contained  has  been  more 
than  made  good  by  the  evidence  referred  to  in  this  paper.  Those 
stiitenients  were  as  follows,*  the  references  to  the  proof  being  inserted 
for  the  convenience  of  the  Tribunal : 

"As  time  went  on ;  as  the  insurrection  from  political  came  at  length 
to  bo  military ;  as  the  sectional  controversy  in  the  United  States  pro- 
ceeded to  exhibit  itself  in  the  organization  of  great  armies  and  lleets, 
and  in  the  prosecution  of  hostilities  on  a  scale  of  gigantic  magnitude, 
then  it  was  that  the  spirit  of  the  Queen's  Proclamation  showed 
[301]  itself  in  *the  event,  seeing  that  in  virtue  of  the  Proclamation 
maritime  enterprises  in  the  ports  of  Great  Britain,  which  would 
otherwise  have  been  piratical,  were  rendered  lawful,  [see  Lord  GamphelVs 
speech  in  the  House  of  Lords,  May  10, 1801 ;  cited  ante,  page  14,]  and  thus 
Great  Britain  became,  and  to  the  end  continued  to  be,  the  arsenal,  [see 
Hme  and  Ferffuson^s  letters  and  Oorgas's  report  of  Ruse's  purchases,]  the 
navy-yard,  [see  the  foregoing  account  of  BuUoclc's  doings,]  and  the  Treas- 
ury, [see  the  foregoing  evidence  a«  to  Fraser,  Trenliolni  &  CoJ's  acts  as 
depositaries,]  of  the  insurgent  Confederates. 

"A  spectacle  was  thus  presented  without  precedent  or  parallel  in  the 
history  of  civilized  nations.  Great  Britain,  although  the  i)rofessed 
friend  of  the  United  States,  yet,  in  time  of  avowed  international  peace, 
permitted  [see  the  decision  in  the  Alexandra  ease;  also  the  refusals  to 
proceed  against  the  Florida,  Alabama,  and  the  rams]  armed  cruisers  to  be 
fitted  out  and  harbored  and  equipped  in  her  ports  to  cruise  against  the 


'Bernard's  Neutxality  of  Great  Britain,  378-380. 


122 


WHEREIN   GREAT   BRITAIN   FAILED  TO 


i#i 


m 


lil: 


pi 

9  it  I      it 
|[        I 

!  :■    I 


merclmntsliipa  of  tlio  UiiiU'd  Statow,  and  to  bnrn  and  destroy  tliom 
until  our  niaiitinic  (M)njnu'rc(»  was  swept  I'roni  the  ocean.  [Sec  Mr.  Coh- 
dcn^n  Hpci'cli  in  the  JIouhc  of  (Joiiniionsj  M<t}i  l.'J,  l.Slii.J  Our  nieicliaiit- 
vessels  were  destroyed  i>li'atically  by  eai»tors  w1m»  had  no  p(nts  of  their 
own  \H<;e  Earl  KuhscU-h  npcech  in  the  Home  of  Lonls,  Aitril  20, 
lHiH\  in  which  to  relit  *or  to  condenui  prizes,  and  wliose  tudy  [oOi'J 
nationality  was  the  <inarter-deck  of  their  ships,  bniit,  dispatehetl 
to  sea,  and,  not  seldom  in  name,  still  professedly  owned  in  Cireat 
JJritain.  [iSce  the  evidence  in  regard  to  the  tranH/'ers  of  the  Geonjia,  and  of 
the  /Shenandoah.] 

"The  Queen's  Ministers  excused  themselves  by  allejyed  defects  in  the 
inunii^ipal  law  of  the  country.  [See  Earl  JiiiHscWn  constant  pleas  of  icdDt 
of  snj)icicnt  proof  to  convict  criminals]  Learned  counsel  either  ailvised 
tliat  (he  wroufi's  counnitted  did  not  constitute  violations  ot  the  muni- 
cipal law,  or  else  gave  sanction  to  artful  devices  of  deceit  to  cover  up 
such  violations  of  law.  {IScc  the  decision  as  to  the  Florida;  as  to  the 
Alabama  until  she  was  ready  to  sail;  as  to  the  rams  ;  and  as  to  the  oper- 
ations at  Nassau,  Bermuda,  and  Liverpool.]  And,  straufje  to  say,  the 
courts  of  England  or  of  Scothmd,  up  to  the  very  highest,  were  occupied 
month  after  month  with  Juridical  niceties  and  technicalities  of  statute 
construction  in  this  respect,  [see  the  Alexandra,  case,]  while  the  (Queen's 
Gov<'rnment  itself,  includinf>'  the  onndpotent  Parliament,  which  mij^ht 
have  settled  these  questions  in  an  hour  by  approjjriate  lejiislation,  sat 
with  folded  arms,  as  if  unmindful  of  its  international  obli^iations, 
and  suffered  ship  after  ship  to  be  (jonstructed  *in  its  ports  to  wage  [30.3] 
war  on  the  United  States.  [iSec  the  decision  of  the  Cabinet,  com- 
vniuicdfed  to  Mr.  Adams,  February  13, 1803,  anil  Lord  Palmerston'S  speech 
in  the  House  of  Common  f,  March  27,  1803.] 

"  "Vv  hen  the  defects  of  the  existing  laws  of  Parliament  had  become 
ai)parent,  the  (Jovernment  of  the  United  States  earnestly  entreated  the 
(Jueen's  .Ministers  to  provide  the  recpiired  remedy,  as  it  wouhl  have 
been  easy  to  do,  by  a  i)roper  act  of  Parliament ;  but  this  the  (Queen's 
Government  refused.  [See  the  account  of  Lord  RusseWs  interview  with 
Mr.  Adams,  February  13,  1803.] 

"  On  the  present  occasion,  the  Queen's  Ministers  seem  to  have  com- 
mitted the  error  of  assuminj?  that  they  needed  not  to  look  beyond  their 
own  local  law,  enacted  for  their  own  domestic  convenience,  and  mijjht, 
under  cover  of  the  dellciencies  of  that  law,  disregard  their  sovereign 
duties  toward  another  Sovereign  Power.    Nor  was  it,  iu  our  Judgment, 
any  adequate  excuse  for  the  Queen's  Mi  I'i'^ters  to  profess  extreme  tender- 
ness of  private  rights,  or  api)rchension  of  riitions  for  damages,  in  case  of 
any  attempt  to  arrest  the  many  ships  whifii,  either  in  England  or  Scot- 
land, were,  with  ostentatious  public.f^,  being  constructed  to 
cruise  *against  the  United  States.    [See  the  evidence  as  to  the    [304] 
Florida,  the  Georgia,  the  Alabama,  the  rams,  the  Bermuda,  the  Tal- 
lahassee, the  Pampero,  the  Rappahannock,  the  Laurel,  and  other  vessels.] 
******* 

"  But  although  such  acts  of  violation  of  law  were  frequent  in  Great 
Britain,  and  susceptible  of  complete  technical  proof,  notorious,  flaunted 
directly  in  the  face  of  the  world,  varnished  over,  if  at  all,  with  the  shal- 
lowest pretexts  of  deception,  yet  no  efficient  step  appears  to  have  been 
taken  by  the  British  Government  to  enforce  the  execution  of  its  muni- 
cipal laws  or  to  vindicate  the  majesty  of  its  outraged  sovereign  i)ower. 


PERFORM   ITS   DITTIES   AS  A   NEUTRAL. 


123 


com- 
their 
nijjht, 
ert'igii 

UR'Ut, 

ikUt- 

•ase  of 

Scot- 

[304] 

;/s.] 

* 

Great 
lunted 
sbal- 
been 
I  niuni- 
iwwer. 


\Tlio  Ahthamn,  the  Florida,  the  (hnnfio,  and  the  Shcnanthxth  escaped.  The 
rams  irere  sei::e(t,  hut  ntrer  eimdeitiiivd  ;  no  (juilfi/  party  was  veer  punished ; 
lUdloek  aial  I'rioleaii  were  uerer  i,itir/er<d  with.] 

"AihI  tlH>  (lovi'iiiincnt  of  tin'  Uiiit«'(l  Slatj's  cannot  believe — it  wonUl 
conceive  itself  waiitin;;' in  respect  for  (ireat  iJritaiii  to  iinimte — that  the 
Queen's  Ministers  are  so  much  hampered  i>,vjnri(lical  ditllculties  that  the 
local  administration  is  thus  reduced  to  such  a  state  of  le;;al  inipott'ncy 
lis  to  depriv*'  the  (lovernment  of  capacity  to  uphold  its  soverei;;iity 
ayainst  local  wronfjf-chiers,  or  its  neutialily  as  re<;ards  other  Sover- 
cij»n  I'owers.  [Contrast  with  this  the  cDitrse  of  the  liritish  Gov- 
[30j]    *ernntent  and  Parliament  dnrinij  the  Franco-German  war.\ 

"  If,  iinhn'd,  it  were  so,  the  causes  of  leclaniation  on  the  part 
of  the  United  States  wcndd  oidy  be  the  more  positive  and  sure,  for  the 
law  of  nations  assinnes  that  each  (lovernment  is  ca|)ab!e  of  dischar;:;in;; 
its  international  obli;>-ations;  and,  ])erchanc<>,  if  it  Ix^  not,  then  the  ab- 
sence of  such  capability  is  itself  a  specill<;  ground  of  responsibility  Ibr 
conscjiiiences.     [This  statement  probahli/  will  not  be  denied.] 

"IJnt  the  (Jueen's  (lovernment  would  not  be  content  to  admit,  nor 
will  the  (lovernment  of  the  United  States  i>resiiine  to  impute  to  it,  stick 
political  orfjanization  of  the  British  JOmpiro  as  to  impl.v  aiiv  want  of 
Icfial  ability  on  its  part  to  discharj^e,  in  the  amplest  nmnner,  all  its  du- 
ties of  sovcrcij^iity  and  amity  toward  other  Powers. 

''It  rcnnuns  only  in  this  relation  t»)  refer  to  one  other  i)oint,  namely, 
tlic  (jucstion  of  ne<ilifjence ;  neglect  on  the  i>art  of  olllcers  t>f  the  Jhitish 
(lovernment,  whether  sui>erior  or  subordinate,  to  detain  Confederate 
cruisers,  and  especially  the  Alabama,  the  most  successful  of  the  depre- 
dators on  the  connnerc.   of  the  United  States. 

"On  this  point  the  President  conceives  that  little  needs  now  to  bo 
said,  for  various  cojjfcnt  reasons : 
[300]       *  "  First,  the  matter  has  been  exhaustively  discussed  already 
by  this  Department,  or  by  the  successive  American  ^Ministers. 

"Then,  if  the  question  of  negligence  be  discussed  with  fraidiness,  it 
must  be  treated  in  this  instance  as  a  case  of  extreme  negligence,  whicili 
Sir  William  Jones  has  taught  us  to  regard  as  equivalent  or  apj)roxinuite 
to  evil  intention.  The  question  of  negligence,  therefore,  cainiot  bo  i)re- 
sentod  without  danger  of  thought  or  langiuige  disresi)ectful  toward  the 
Queen's  ^Ministers ;  and  the  President,  while  purposing,  of  course,  as  his 
sense  of  duty  requires,  to  sustain  the  rights  of  the  Uinted  States  in  all 
their  utmost  amplitude,  yet  intends  to  speak  and  act  in  relation  to  Great 
Britain  in  the  same  sjtirit  of  international  respect  which  he  expects  of  her 
in  relation  to  the  United  States,  and  he  is  sincerely  desirous  that  all  dis- 
cussions between  the  Governments  may  be  so  conducted  as  not  only  to 
prevent  any  aggravation  of  existing  dilicrencjes,  but  to  tend  to  such 
reasonable  and  amicable  deiermination  as  best  becomes  two  great  na- 
tions of  common  origin  and  conscious  dignity  and  strength. 

"1  assume,  therefore,  pretermitting  detailed  discussion  in  this  resi)ect, 
that  the  negligence  of  the  oflicers  of  the  British  ("ioverniuent  in 
[307]  the  matter  of  the  Alabama,  ut  least,  was  gross  and  inex*cusable, 
and  such  as  indisputably  to  devolve  on  that  Government  full 
responsibility  for  all  the  depredations  committed  by  her.  Indeed,  this 
conclusion  seems  in  effect  to  be  conceded  in  Great  Britain.  [See  the  pre- 
face to  Earl  EusseWs  Speeches  and  Dispatches.]  At  all  events,  the  United 
States  conceive  that  the  proofs  of  responsible  negligence  in  this  matter 
are  so  clear  that  no  room  remains  for  debate  on  that  point,  and  it  should 
bo  taken  for  granted  in  all  futiu-e  negotiations  with  Great  Britain." 


[310] 


[309] 


*PART  V. 


WHEREIN  GKEAT  BRITAIN  FAILED  TO  PERFORM  ITS  DU- 
TIES AS  A  NEUTRAL.— THE  INSURGENT  CRUISERS. 


"  In  the  first  place,  I  am  sorry  to  observe  that  the  unwarrantable  practice  of  build- 
ing ships  in  this  country,  to  be  used  as  vessels  of  war  against  a  State  with  whi(;h  Her 
Majesty  is  at  peace,  still  continues.  Her  Mnjesty's  Government  had  hoped  that  this 
attempt  to  make  the  territorial  waters  of  Great  Britain  the  place  of  preparation  for 
warlike  armaments  against  the  United  States  might  be  pnt  an  end  to  by  prosecutions 
and  by  seiznre  of  the  vessels  built  in  pursuance  of  contracts  made  with  the  Confederate 
agents.  Bnt  facts  which  are  unhappily  too  notorious,  and  correspondence  wbich  has 
been  pnt  into  the  hands  of  Her  Majesty's  Government  by  the  Minister  of  the  Govern- 
ment of  the  United  States,  show  that  resort  is  had  to  evasion  and  subtlety  in  order  to 
escape  the  i)enaltie8  of  the  law ;  that  a  vessel  is  bought  in  one  jilace,  that  her  arma- 
ment is  prejiared  in  another,  and  that  both  are  sent  to  some  distant  port  beyond  Her 
Majesty's  jurisdiction,  and  that  thus  an  armed  steamship  is  fitted  out  to  cruise  against 
the  commerce  of  a  Power  in  amity  with  Her  Majesty.  A  crew,  composed  partly  of 
IJritish  subjects,  is  i>rocured  separately ;  wages  are  paid  to  them  for  an  unknown  ser- 
vice. They  are  dispatched,  perhaps,  to  the  coast  of  France,  and  there,  or  elsewhere, 
are  engaged  to  servo  in  a  Confederate  man-of-war. 

"  Now,  it  is  very  possible  that  by  such  shifts  and  stratagems,  the  penalties  of  the 
existing  laAv  of  this  country,  nay,  of  any  law  that  could  be  enacted,  may  bo  evaded  ; 
but  the  offense  tbus  offered  to  Her  Majesty's  authority  and  dignity  by  the  de  facto 
rulers  of  the  Confederate  States,  whom  Her  Majesty  acknowledges  as  belligerents,  and 
whoso  agents  in  the  United  Kingdom  enjoy  the  benefit  of  our  hospitality  in  (piiet  se- 
curity, remains  the  same.  It  is  a  proceeding  totilly  unjustifiable,  and  manifestly  of- 
fensive to  the  British  Crown." — I:!arl  litisselVa  Letter  to  Messrs.  Mason,  Slidell,  and  Mann, 
February  i;i,  18G5.     Vol.  I,  pafje  630. 

''  The  Tribunal  of  Arbitration  will  probably  agi'ce  with  Earl  Rus- 

[310]    sell  in  bis  statement  to  the  insur*geut  agents,  that    ^nri  Ru,,eii  de 

"  tbe  practice  of  building  ships"  in  Great  Britain  "to  I'JUJr'.'il"  u.'i.ej 
be  used  as  vessels  of  war"  against  the  United  States,  and  SmltmlXSn," w 
the  " attempts  to  make  the  territorial  waters  of  Great  Brit-  '^"^ ■"O.-iinuui,-. 
aiuthe  place  of  preparation  for  warlike  armaments  against  the  United 
States"  "in  pursuance  of  contracts  made  with  the  Confederate  agents," 
were  ''  unwarrantable"  and  "totally  unjustifiable." 

British  territory  was,  during  the  whole  struggle,  the  base  of  the  na- 
val operations  of  the  insurgents.  The  first  serious  flgbt  „ri,i,,,  ,„,„„,, 
hiid  scarcely  taken  place  before  the  contracts  were  made  vni.''j»r:,.'i'.ml,'«ft"i;9 
ill  Great  Britain  for  tbe  Alabama  and  tbe  Florida.  The  >"'""^""'- 
contest  was  nearly  over  when  Waddell  received  his  orders  in  Liverpool 
to  sail  thence  in  the  Laurel  in  order  to  take  command  of  the  Shenan- 
doah and  to  visit  the  Arctic  Ocean  on  a  hostile  cruise.^ 

There  also  was  the  arsenal  of  tbe  insurgents,  from  whence  they  drew 
their  munitions  of  war,  their  arras,  and  their  supplies.  It 
is  true  that  it  has  been  said,  and  may  again  be  said,  that  it 
was  no  infraction  of  the  law  of  nations  to  furnish  such  supplies.  But, 
while  it  is  not  maintained  that  belligerents  may  infringe  upon  the  rights 
which  neutrals  have  to  manufacture  and  deal  in  such  military  supplies 

in  the  ordinary  course  of  commerce,  it  is  asserted  with  confidence 
[311]   that  a  neutral  *ought  not  to  permit  a  belligerent  to  us 3  the  UvJii- 

tral  soil  as  the  main  if  not  the  only  base  of  its  military  supplies, 
(luring  a  long  and  bloody  contest,  as  the  soil  of  Great  Brit>iin  was  used 
by  the  insurgents. 

iVol.  Ill,  page  461. 


Their  nrsenal. 


i>' 


1  ; 


126 


INSURGENT  CRUISERS. 


It  may  not  always  Ik-  easy  to  determine  what  is  and  what  is  not 
hiwl'iil  coriimerce  in  arms  and  munitions  of  war;  bnt  the 
erIt'iocTof"!im'''T  Uiiited  States  conceive  that  there  can  be  no  doubt  on  which 
or?h""iui 'rof'"S  side  of  the  line  to  place  the  insurgent  operations  on  Britiy'i 
neutnii.  fiTitory.     If  Iluse  had  been  removed  from  LiverpocI,  Hoy- 

liger  from  "^lassau,  and  Walker  from  Bermuda  ;  or  if  Fraser,  Trenholm 
&  Co.  h'.d  ceased  to  sell  insurgent  cotton  and  to  convert  it  into  money 
for  tJ'^  use  of  Huse,  Heyliger,  and  Walker,  the  armies  of  the  insurgents 
mr.st  have  succumbed.  The  systematic  operations  of  these  persons. 
carried  ou  openly  and  under  the  avowed  protection  of  the  British  Gov- 
eenraent,  made  of  British  territory  the  "  arsenal "  of  which  ]\Ir.  Fish 
complained  in  his  note  of  September  25,  18G9.*  Such  conduct  was,  to 
say  the  least,  wanting  in  the  essentials  of  good  neighborhood  and 
should  be  frowned  upon  by  all  who  desire  to  so  establish  the  principles 
of  International  Law,  as  to  secure  the  peace  of  the  world,  while  pro- 
tecting the  independence  of  nations. 

It  is  in  vain  to  say  that  both  parties  could  have  *done  the  same  [312] 
thing.  The  United  States  were  under  no  snch  necessity.  If  they 
could  not  manufacture  at  home  all  the  supplies  they  needed,  they  were 
enabled  to  make  their  purchases  abroad  openly,  and  to  transport  them 
in  the  ordinary  course  of  commerce.  It  was  the  insurgents  who,  una- 
ble to  manufacture  at  home,  were  driven  to  England  for  their  entire 
military  supplies,  and  who,  finding  it  impossible  to  transport  those  snp 
plies  in  the  ordinary  course  of  commerce,  originated  a  commerce  for  the 
l)urpose,  and  covered  it  under  the  British  flag  to  Bernmda  aiui  Nassau. 
Under  the  pressure  of  the  naval  power  of  the  United  States,  their  ne- 
cessities compelled  them  to  transport  to  England  a  part  of  the  txeeii 
tive  of  their  Government,  and  to  carry  ou  its  operation  in  Great  Britain. 
They  were  protected  in  doing  this  by  Her  Majesty's  Government, 
although  its  a«^tention  was  called  to  the  injustice  thereof.^  Tliis  eon 
duct  dei>rived  tlie  United  States  of  the  benefit  of  their  superiority  at 
sea,  ami  to  that  extent  British  neutrality  was  partial  and  insincere.  The 
United  States  confidently  submit  to  the  Tribunal  of  Arbitration  tliat  it 
is  an  abuse  of  a  sound  i)rincii)le  to  extend  to  such  combined  transac- 
tions as  those  of  Hu.se,  Ileyliger,  Walker,  and  Fraser,  Trenhohn 
&  Co.,  the  well-settled  right  of  a  neutr:tl  to  manufacture  and  *sell  [iU'] 
to  either  belligerent,  during  a  war,  arms  munitions,  and  military 
sui)plies.  To  sanction  such  an  extension  will  be  to  lay  the  huindatioii 
for  international  misunder.standing  and  probable  war,  whenever  :i 
weaker  party  hereafter  may  draw  upon  the  resources  of  a  strong  neii- 
tr:jl,  in  it.s  ellbrts  to  make  its  strength  equal  to  that  of  its  antagonist. 

I'lom    the  Queen's  Proclamation  of  neutrality   to  the   cIo.se  of  tiii' 
struggle,  Great  Britain  framed  its  rules,  con.strr.ed  its  laws 


Continuinc  par'i.il 
;y    I 
eentt>. 


.y  lor  the  in  ur:  ainlits  lust ruct lou.s,  and.govemcd  its  conduct  in  the  in 


terest  of  the  insurgt'iits.  What  c(mld  tend  more  to  inspirit 
them  than  the  news  that  on  the  eve  of  Mr.  Adams's  arrival  in  Loiuhm. 
as  if  to  <how  in  the  mo.st  i»ublic  manner  a  purpose  to  overlook  him,  and 
to  disregard  the  views  which  he  might  have,  been  instructed  by  his 
Government  to  present,  it  had  been  d<»termined  to  recognize  their 
right  to  display  ou  the  ocean  a  tiag  which  had  not  then  a  shij)  to  carry 
it  I  How  they  must  have  welcomed  the  parliamentary  ne\v.s,^  on  the 
heels  of  this  proclamation,  that  the  ettect  of  this  recognition  would  l»' 
to  employ  British  subjects  iu  warring  upon  the  commerce  of  the  United 

«  Vol.  VI,  page.  4. 

"  Lord  Ru88f  U  to  Mr.  Adams,  Vol.  I,  page  578. 

"Vol.  V,pagea486to91. 


GENERAL  REVIEW. 


127 


States,  with  a  protection  against  piracy  promised  in  advance!    How 
great  must  have  been  their  joy,  when  they  found  Britisii  hiws  con- 
strued so  as  to  confer  upon  them  the  right  to  use  the  workshops 
[314]    *anddoclv-yards  of  Liverpool,  for   buikling  sliips  w'hi(!h,  without 
violating  the  municipal  law  of   England,  might  leave   British 
jiorts  in  such  warlike  state  that  they  could  bo  fitted  for  battle  in  twenty- 
four  hours !    How  they  must  have  been  cheered  by  the  oUi(tial  legaliza- 
tion (f  the  operations  of  those  who  had  been  sent  to  Liverpool   in 
anticipation  of  the  proclamation,  to  be  in  readiness  to  act!      And  if 
these  welcome  sights  inspirited  and  cheered  the  insurgents,  as  was 
doubtless  the  case,  how  relatively  depressing  must  have  been  their 
effect  upon  the  loyal  people  and  upon  the  Government  of  the  United 
States!     The  correspondence  of  Mr.  Seward  and  of  Mr.  Adams,  run- 
ning through  the  whole  of  the  volumes  of  evidence  accouipanying  this 
case,  bears  testimony  to  the  depth  of  this  feeling. 

When  Great  Britain  carried  into  practice  its  theory*  of  neutrality,  it 
was  e(pially  insincere  and  partial.  Tt,,.pi.„i„io„  nf 

Its  municipal  laws  for  enforcing  its  obligations  as  a  neu-  hr'n'ritl^'h ''tT»'«i-»'! 
tral,  under  the  law  of  nations,  were  confessedly  inadequate,  "'"" 
and,  during  the  struggle,  were  stripped  of  all  their  force  by  executive 
and  juelicial  construction.    Yet  Great  Britain  refused  lo  cake  any  steps 

for  their  amendment,  although  recpiested  so  to  do.^ 
[315J  The  Queen's  Proclamation  inhibited  blockade-*running ;  yet  the 
u  :'  odties  encouraged  it  by  enacting  new  laws  or  making  new 
ro}^"  '.>!';  1?  vhich  permitted  the  transshipment  of  goods  contraband  of 
war  \vit!iin  the  colonial  ports;  by  otlicially  informing  the  colonial  oili- 
cers  that  "  British  authorities  ought  not  to  take  any  steps  adverse  to 
merchant-vessels  of  the  Confederate  States,  or  to  interfere  with  their 
free  resort  to  British  ports  ;"*  by  giving  oflicial  notice  to  the  United 
States  that  it  would  not  do  to  examine  too  closely,  on  the  high  seas, 
British  vessels  with  contraband  of  war;^  and  by  regulations  which 
operated  to  deter  the  United  States  vessels  of  war  from  entering  the 
British  ports  from  which  the  illicit  trade  was  carried  on. 

The  Foreign  Enlistment  Act  of  1810  forbade  the  employment  of  a 
British  vessel  as  a  transport ;  and  yet  vessels  known  to  l)e  owned  by 
the  insurgent  authorities,  and  engaged  in  carrying  mnnironsot  war  for 
them,  were  allowed  to  carry  the  Britisii  Hag  and  were  welconied  in  British 
ports.  Still  further,  l!>e  same  vessel  would  ai)i»<'ar  one  day  as  a  block- 
ade-rniuier,  and  ju'i/ihor  day  as  ti  aian-of-wav,  receiving  an  e<iual  wel- 
come in  each  cav   .ir;-. 

The  instii;"t'  n    ..    «ir.imry  31,  IHO'J,  forbade  both  belligerents  alike 

to  enter  i  ".'    <ut  ^^''Xassau  except  by  permission  of  the  governor, 

[310]    or  in  stress  *o    weather.    That  permission  was  lavishly  given  to 

every  insuuo.  i     tuiser,  but  was  granted  churlishly,  if  a    all,  to 

the  vessels  of  the  Uniied  States. 

The  same  instru(;tions  forbade  the  granting  to  a  steam  man-oi'-war  of 
either  belligerent  in  British  ports  a  snp]>ly  of  coal  in  excess  (  f  what 
would  be  necessary  to  take  the  vessel  to  I'e  nearest  i)<)ri  of  its  own 
country  or  some  nearer  destination.  This  rule  was  enforced  upon  the 
vessels  of  the  United  States,  but  was  utterly  disregarded  as  to  the  ves- 
sels of  the  in«  i;.!onts. 

Those  instru  ..3  also  forbade  the  granting  of  any  supjdy  of  coal  to 
such  a  vessel  li'  r.  /;  ^  been  coaled  in  a  British  port  within  three  months. 

'  Ami!  yiffo,  251. 

*  I)uk«  of  Newcastle  to  Governor  Ord,  Vol.  II,  page  558. 

>  Earl  Russell  to  Lord  Lyons,  Vol.  II,  page  591. 


128 


INSURGENT  CRUISERS. 


Yet  iu  tliroe  notable  instances  this  salutary  rule  was  violated,  tliat  of 
the  Nashville,  at  Bermuda,  iu  February,  1802 ;  the  Florida,  at  Barbadoes, 
in  February,  1803;  and  the  Alabama,  at  Capetown,  in  March,  18(54. 
These  admitted  facts  were  repeatedly,  and  in  detail,  broujrht  to  the 
notice  of  the  British  Government,  and  as  repeatedly  the 
»^vcTJy^m"Z  answer  was  given  that  there  was  no  cause  for  interference. 
naiViow'mr'msur-  At  leuQth  thcy  were,  as  a  system,  brought  to  Lord  llussell's 
tentrru,«r».  attcutiou,  by  Ml'.  Adaius,  with  the  threads  of  evidence, 
which  furnished  him  with  the  proof  of  their  truth.  Yet  he  declined 
to  act,  saying  that  "  this  correspondence  does  not  appear 
*to  Her  Majesty's  Government  to  contain  any  sutficient  evidence  [317] 
of  a  system  of  action  in  direct  hostility  to  the  United  States;" 
that  it  furnished  no  proof  as  to  the  building  of  iron-clads  that  ''  could 
form  matter  for  a  criminal  prosecution ;"  and  that  the  other  acts  com- 
plained of  were  "  not  contrary  to  law."'  In  other  word?.,  he  declared 
that  the  only  international  oftense  of  which  Her  Majesty's  Government 
would  take  notice  was  the  building  of  ironclads ;  and  that  no  steps 
would  be  taken,  even  against  persons  guilty  of  that  violation  of  neutral- 
ity, until  the  oflicials  of  the  United  States  would  act  the  part  of  detec- 
tives, and  secure  the  proof  which  a  British  court  could  hold  competent 
to  convict  the  ofleuder  of  a  v'  >)!'tion  of  a  local  law.  It  is  important,  in 
considering  the  evidence  which  ;  ir  it  to  be  referred  to,  to  bear  in  mind 
these  constant  demon.strations  c  iality  for  the  insurgents.    They 

show  a  persistent  absence  of  real  nti,  dity,  whi<'.h,  to  say  the  least,  should 
throw  suspicion  upon  the  acts  of  the  British  officials  as  to  those  vessels, 
and  should  incline  the  Tribunal  to  closely  scrutinize  their  conduct. 
The  United  States,  however,  go  further  than  this.  They  insist  that 
They  .hnw  an  Ht'r  ^lajcsty's  Government  abandoned,  in  advance, 
gen'e't'Ket'Il'ih'e  ^••t'  excrcisc  of  that  due  *diligence  Which  the  Treaty  [318] 
acfcompiunedof.  of  Washiugtou  dcclarcs  that  a  neutral  is  bound  to 
observe.  They  say  that  the  position  of  Her  Majesty's  Government  just 
cited,  taken  in  connection  with  the  construction  put  ui>on  the  Foreign 
Eniit-tment  Act  by  the  British  courts  in  the  Alexandra  case,  was  jv 
practical  abandonment  of  all  obligation  to  observe  diligence  in  prevent- 
ing the  use  of  British  territory  by  the  insurgents,  for  purposes  hostik* 
to  the  United  States.  They  aver  that  it  was  a  notice  to  them  that  no 
complaints  in  this  respect  would  be  listened  to,  which  were  not  accom- 
panied by  luoof  sufficient  to  convict  thr  ofleuder  as  a  criraiiuU  under 
the  Foreign  Enlistment  Act.  To  furnish  such  i)roof  was  simply  impos- 
sible. The  Tribunal  will  remember  that  it  was  judicially  said  in  tlie 
case  of  the  Alexamlra,  that  what  had  been  done  in  tlie 
matter  of  the  Alabama  was  no  violation  of  British  law,  and 
therefore  constituted  no  oflense  to  be  i)unished.  Weil 
might  Earl  Bussell  sav  that  the  Oreto  and  the  Alabama 


They  tlirnw  iipnn 
Gre.it  llntiin  tlw 
biiriten  i)f  proof  to 
ehnw  tli.'it  tlie  art- 
rompfi'dlieil  ftl  roiittl 
nol  li  i\e  bt'eu  pre- 
vented. 


were  a  scandal  to  English  laws. 


r  fi! 


The  United  States  with  great  confidence  assert  that  the  facts  whicli 
have  been  established  justify  them  in  asking  the  Tribunal  of  Arbitra- 
tion, in  the  investigations  now  about  to  be  made,  to  assume  that  in  tbe 
violations  of  neutrality  which  will  be  shown  to  have  taken  jdace, 
the  burden  of  proof  *wi'l  be  upon  Great  Britain  to  establish  that  [319] 
they  could  not  have  bee  .  prevented.  Her  Majesty's  (iovernment 
declined  to  investigate  charges  and  to  examine  evidence  submitted  by 
Mr.  Adams,  as  to  repeated  violations  of  British  temtory,  which  sub- 
sequent events  show  were  true  in  every  respect.    It  idaced  its  refusal 

1  Earl  Boasell  to  Mr.  Adams,  Vol.  I,  page  578. 


THE   SUMTER. 


129 


npon  principles  which  mnst  inevitably  lead  to  like  disregard  in  future — 
principles  which  rendered  nugatory  thereafter  any  measure  of  diligence 
to  discover  violations  of  neutrality  within  Her  Majesty's  dominions. 
Thereby  Great  Britain  assumed  and  justified  all  similar  acts  which  had 
been  or  might  be  committed,  and  relieved  the  United  States  from  the 
uecessity  of  showing  that  due  diligence  was  not  exercised  to  prevent 
theiu. 

Of  what  use  was  it  to  exercise  diligence  to  show  the  purpose  for  which 
the  Florida,  the  Alabama,  or  the  Georgia  was  constructed,  or  the  Shen- 
andoah was  purchased,  if  the  constructing,  fitting  out,  or  equipping,  or 
the  purchase  for  such  objects  was  lawful,  and  could  not  be  interfered 
with?  What  diligence  could  have  prevented  the  excessive  supplies  of 
coal  and  other  hospitalities  to  the  insurgent  cruisers,  or  the  protection 
of  transports,  all  of  which  made  these  ports  bases  of  operations,  if 
such  acts  were  no  violation  of  the  duties  of  a  neutral,  of  which  the 

United  States  might  justly  complain  ? 
[320]  *The  cruisers  for  whose  acts  the  United  States  ask  this  Tribunal 
to  hold  Great  Britain  responsible  are  (stating  them  uatof  th.  m»ur 
in  the  order  in  which  their  cruises  began)  the  Sumter;  the  »*«<=""»•"■ 
Nashville;  the  Florida  and  her  tenders,  the  Clarence,  the  Tacony,  and 
the  Archer ;  the  Alabama  and  her  tender,  the  Tuscaloosa ;  the  Eetribu- 
tiou;  the  Georgia:  the  Tallahassee;  the  Chickaraauga^  and  the  Shenan- 
doah. The  attention  of  the  Tribunal  of  Arbitration  is  now  invited  to 
au  account  of  each  of  these  vessels. 


The  Sumter. 


THE  SUMTER. 

The  Sumter  escaped  from  the  passes  of  the  Mississippi  on  the  30th  of 
June,  1861,  and  on  the  30th  of  the  following  July  arrived 
at  the  British  port  of  Trinidad.  She  remained  there  six 
days,  taking  in  a  supply  of  coal.^  Comi'laint  being  made  of  this  act  as 
a  "violation  of  Her  Majesty's  Proclamation  of  Neutrality,''^  Lord  Eus- 
sell  replied,  that  "  the  conduct  of  the  Governor  was  in  conformity  to 
Her  Majesty's  Proclamation ; "  that  "  Captain  Hillyar,  of  Her  Majesty's 
Ship  Cadmus,  having  sent  a  boat  to  ascertain  her  nationality,  the  com- 
manding officer  showed  a  commission  signed  by  Mr.  Jeffei'son 
[321]  Davis,  calling  himself  the  Presi*dent  of  the  so-styled  Confederate 
States.'"  Her  Majesty's  Government  thus  held  this  vessel  to  be  a 
manof war  as  early  as  the  30th  of  July,  1861. 

Having  got  a  full  supijly  of  coal  and  other  necessary  outfit,  the 
Siuuter  sailed  on  the  5th  of  August,  1861,  and,  after  a  cruise  in  which 
she  destroyed  six  vessels  carrying  the  flag  of  the  United  States,  she 
arrived  in  Gibraltar  on  the  18th  of  the  following  January.  Before  she 
could  again  be  supplied  with  coal  and  leave  that  port,  she  was  shut  in 
by  the  arrival  of  the  Tuscarora,  a  vessel  of  war  of  the  United  States, 
which  "  anchored  off  Alf^eciras."*  The  Tuscarora  was  soon  followed  by 
the  Eearsarge,  both  under  the  instructions  of  the  Government  of  the 
United  States. 

Finding  it  impossible  to  escape,  an  attempt  was  made  to  sell  the 
Sumter,  with  her  armament,  for  £4,000.'    The  consul  of  the  United 

■  Bernard  to  Seward,  Vol.  II,  page  466. 
■Adams  to  Rassell,  Vol.  II,  page  484. 
'  Rnssell  to  Adams,  Vol.  II,  page  486. 
*  Spragae  to  Seward,  Vol.  II,  page  502. 
>  Spragae  to  Adams,  Vol.  II,  page  507. 
S.  Ex.  31 9 


130 


INSURGENT   CRUISERS. 


Ki 


m 


States  at  Gibraltar,  by  direction  of  Mr.  Adams,  protested  apjainst  this 
sale.*  The  sale  was  finally  made  "by  public  auction"  on  the  19th  of 
December,  18G2.*  Mr.  Adiuus  notified  Earl  Kussell  that  the  sale  woultl 
not  be  recognized  by  the  United  States,  and  called  upon  Great  Britaiu 
not  to  rej;ard  it,  as  it  had  been  made  in  violation  of  principles  of 
law  that  liad  been  *adopted  by  British  courts  and  publicists.'  He  [']22] 
maintained  that  "Iler  Majesty's  Government,  in  furnishing  shelter 
lor  so  long  a  periwu  to  the  Sumter  in  the  harbor  of  Gibraltar,  as  a  ship 
of  war  of  a  belligerent,  had  determined  the  character  of  the  vessel  ;"< 
and  that  ''  the  purchase  of  ships  of  war  belonging  to  enemies  is  hold  in 
the  British  courts  to  be  invalid.'" 

After  reflecting  upon  this  simple  proposition  for  more  than  five  weeks. 
Earl  llussell  denied  it.  He  said,  "The  British  GoVernment,  when  uoii- 
tral,  is  not  bound  to  refuse  to  a  British  subject  the  right  to  acquire  by 
purchase  a  vessel  which  a  belligerent  owner  may  desire  to  part  with, 
but  it  would  not  denj'  the  right  of  the  adverse  belligerent  to  ascertain. 
if  such  vessel  were  captured  by  its  cruisers,  whether  the  vessel  hail 
rightfully,  according  to  the  law  of  nations,  come  into  the  iwssession  of 
the  neutral.""  j\Ir.  Adams  also  maintained  that  the  sale  was  fictitious,"  to 
which  Earl  llussell  replied  that  he  "could  not  assume  that  the  Sutiitcr 
had  not  b(!en  legally  and  bona  Jide  sold  to  a  British  owner  for  commer- 
cial and  ])eaceiul  i>urposes."^  IMr.  Adams  insisted  (and  the  result 
proved  that  he  *was  correct)  that  the  sale  of  the  Sumter  was  [323] 
fictitious,  and  that  the  purchaser  was  an  agent  of  Eraser,  Tren- 
holm  &  Co.,  the  treasury  agents  and  depositaries,  »&c.,  for  the  insurgent 
authorities  at  llichnioiid.''  His  representations  were  disregarded,  and 
the  vessel  was  taken  to  Liverpool  and  thoroughlj'  repaired.  She  then 
took  on  board  a  cargo  of  arms  and  munitions  of  Avar,  and,  under  the 
the  name  of  the  Gibraltar,  fortified  with  a  British  register,  became  an 
insurgent  transport.^" 

In  all  these  proceedings  on  the  part  of  British  oflRcials  the  Uiiitod 
States  find  a  partiality  toward  the  insurgents,  which  is  inconsistent  witli 
the  duties  of  a  neutral : 

1.  The  SuHJter  was  permitted  to  receive  at  Trinidad  a  full  supply  of 
coal.  The  United  States,  hown^er,  were  forbidden  by  Great  Britain 
even  to  deposit  coal  in  the  British  West  Indies  for  their  own  use,  under 
such  regulations  as  might  be  prescribed  by  Her  IMajesty's  Governinont. 
What  look  place  at  Nassau  in  December,  18G1,  has  already  been  ioVi 
In  Bermuda,  on  the  19th  of  February,  18G2,  their  consul  was  offi- 
cially informed  that  "the  Government  of  Her  Britannic  Majesty 
*had  determined  lot  ti>  allow  the  formation  in  any  British  colony 
of  a  coal-depot  for  the  use  of  their  vessels  of  war,  either  by  the 
Government  of  the  United  States  or  of  the  so-styled  Confederate  States."" 

'  Sinaguc  to  Codringtou,  Vol.  II,  page  509. 
"  Spiague  to  Adams,  Vol.  II,  page  TjIG. 

3  Adams  to  Russell,  Vol.  II,  page  522. 

4  Adams  to  Kiissell,  Vol.  II,  page  523. 

*  Aduuia  to  Hiissell,  Vol.  II,  page  .'>22. 

*  Russell  to  Adams,  Vol.  II,  pagu  526. 
'  Adams  to  Kussell,  Vol.  II,  page  520. 

*  Russell  to  Adams,  Vol.  II,  page  !J21. 

"The  nominal  purebasers  were  M.  G.  Klingerder  &  Co.,  (Vol.  II,  page  529.)  Tlii 
house  was  connected  with  Fraser,  Trenbolui  &  Co.,  aud  paid  regularly  a  portion  of  tl) 
wages  of  the  men  ou  the  Alabama  to  their  families  iu  Liverpool.    (See  Dudley  to 
Adams,  Vol.  Ill,  page  210.) 

w  V«)l.  II,  pages  a^l  -538. 

»  Onl  to  Allen,  Vol.  II,  page  590.  See  also  the  reports  of  tho  oflBcers  of  the  Keystone 
and  the  Quak«T  City,  who,  iu  December,  1861,  were  refused  supplies  of  coal  at  this  port. 
Vol.  VI,  pages  52  and  53.  See  also  the  cose  of  the  Florida,  j>08f,  where  this  subject  ia 
more  fully  discussed. 


m 


THE   SUMTER. 


131 


m 


.mi 


J9.)  Tlii 
on  of  lb 
udky  to 


Keystone 
this  port. 
subject  is 


Before  tliis  Case  is  finished  it  will  be  seen  how  thoroughly  this  doter- 
miiiJitiou  was  disrejfarded  as  to  the  "sostylcd  Coufedoriite  States." 

If  it  should  be  thought  that  the  habitually  insiueere  neutrality  of 
Great  Britain,  as  already  detailed,  did  not  constitute  such  a  violation 
of  the  duties  of  a  neutral  as  wouhl  entail  responsibility  for  the  acts  ot 
all  the  insurgent  cruisers,  (which  the  United  States,  with  confidence, 
maintain  that  it  did,)  it  is  clear  that  tlie  Sumter  was  furnished  witii  an 
excessive  supply  of  coal  at  Trinidad,  which  supply  enal>le(l  her  to  iiillict 
the  sabsequent  injuries  on  tLeconinierce  of  the  United  States.  It  is  not 
contended  that  at  that  time  there  were  any  precedents  which  settled 
absolutely  the  quantity  of  coal  which  might  be  furnished  to  a  bellige- 
rent steam  man-ofwar  by  a  neutral.  When  the  proclanuition  of  neu- 
trality was  issued,  it  seemed  to  be  the  opinion  of  leading  members  of 
the  House  of  Lords,  (Lords  Brougham  and  Kings<Iown,  for 
[32j]  instance,)  that  coal  for  the  use  of  vessels  of  war  "might  be 
regarded  as  contraband  of  war.'  The  instructions  issued  by  IJer 
Majesty's  Government  a  few  months  later  i)ermitted  this  atticle  to  be 
furnished,  provided  the  supi)ly  should  be  measured  by  the  capacity  of 
the  vessel  to  consume  it,  and  should  be  Hmitetl  to  what  might  be  neces- 
sary to  take  it  to  the  nearest  port  of  its  own  country,  or  to  some  nearer 
destination.  This  rule,  as  subsequently  modifietl  by  the  Unite<l  States,'* 
appevas  to  be  a  just  medium  between  the  excessive  supply  fiunished  to 
the  Sumter  in  Trinidad  and  the  absolute  refusal  to  permit  the  United 
States  to  supply  itself.  Under  this  rule  the  Sumter  would  have  been 
entitled  to  receive  only  what  would  be  necessary  to  take  her  to  New 
Orleans  or  to  Galveston. 

1'.  The  Sumter  was  in  the  port  of  Gibraltar  when  the  instructions  of 
January  10,  18(.»2,  (V^ol.  IV,  p.  17o,)  were  published  there,' on  the  llth 
February.  By  their  terms  they  were  to  go  into  eifect  six  days  after 
that  date.  Unde**  those  instructions  the  Sumter,  having  been  rec- 
[320]  ognized  as  a  man-of-war,  ought  to  luivc  been  required  to  *leave 
the  port  oi"  Gibraltar  within  twenty-four  houis,  or,  if  without 
coal,  within  twentj-four  hours  after  getting  a  supply  of  coal.  Instead  of 
that  she  was  allowed  to  remain  there  for  twelve  months,  while  fiOrd  Rus- 
sell's instructions  were  rigidly  enforced  against  the  vessels  of  the  United 
States.  The  reason  for  this  pai-tiality  may  be  easily  gathered  from  the 
correspondence  of  the  United  States  Consul  at  Gibraltar.*  The  vessels 
of  war  of  the  United  States  were  on  her  track,  and  had  the  instructions 
of  Earl  Kussell  been  complied  with,  the  well-laid  schemes  of  the  United 
States  otiicers  for  her  destruction  would  have  been  successlul.  But  the 
Tribunal  wdl  observe  that  the  instructions,  which  were  so  oftensively 
enforced  against  the  United  States  vessels  Connecticut  and  Honduras, 
were  ignored  as  to  the  insurgent  vessel  Sumter. 

3.  Tl">  sale  of  tjie  Sumter  was  palpably  an  evasion.  She  went  into 
the  haiiiis  of  Fraser,  Treuholm  &  Co*.;  and,  knowing  the  connection  be- 
tween that  firm  and  the  insurgents,  it  is  not  too  much  to  ask  the  Tribunal 
to  assume  as  a  probability  tluit  there  was  never  any  change  of  owner- 
ship. But  if  it  should  be  thought  that  the  transaction  was  made  bona 
fide,  then   there  is  an  equal  i>roabability  that  the  money  found  its 

'  VoL  IV,  pp,  486-491. 

'The  Prewidi'iirs  Proclamation  of  October  8,  1870,  issued  during  the  Frauco-Gormnn 
war,  limited  the  supply  ^»f  coal  to  tbo  war  vessels  or  privateers  of  the  belligerents  to 
80  umch  as  iiiigbt  be  sufflcieut,  if  without  sail-power,  to  carry  the  vessel  to  the  uearest 
European  port  of  its  o'va  couatry ;  if  with  sail-power,  to  halt  that  quantity. 

'Vol.  II,  pages  502, 503. 

*  Sprague  to  Adams,  Vol.  II,  pages  502, 503, 506,  507. 


w^ 


132 


INSURGENT  CRUISERS. 


way  to  the  *credit  of  the  insurgents  in  their  Liverpool  trans-    [327] 
actions. 

By  reason  of  these  repeated  acta  of  insincere  neutrality,  or  of  actual 
disregard  of  the  duties  of  a  neutral,  the  United  States  were  great  suf- 
ferers. Before  arriving  at  Trinidad  the  Sumter  captured  eleven  Anieri 
can  vessels.^  After  leaving  that  port,  and  before  arri^^ng  at  Gibraltar. 
she  captured  six  other  vessels  belonging  to  citizens  of  the  United  St.ites, 
The  injury  did  not  stop  there.  The  United  States  made  diligent  eli'orts 
to  capture  this  vessel  which  was  destroying  their  commerce.  For  tliis 
purpose  they  dispatched  across  the  Atlantic  two  of  their  men-of-war,  tlip 
Kearsarge  and  the  Tuscarora.  These  vessels  followed  on  the  track  of 
the  Sumter,  and  the  plans  of  the  United  States  would  have  been  suc- 
cessful had  Earl  Russell's  instructions  of  January  31, 1862,  been  carried 
out  toward  the  Sumter  in  the  port  of  Gibraltar,  as  they  were  canied  out 
toward  the  vessels  of  the  United  States  in  all  the  colonial  ports  of  Great 
Britain. 

Under  these  circumstances,  the  United  States  ask  the  Tribunal  to  find 
and  certify  as  to  the  Sumter  that  Great  Britain,  by  the  acts  or  omissious 
hereinbefore  recited  or  referred  to,  failed  to  fulfill  the  duties  set 
forth  in  the  three  rules  in  Article  *VI  of  the  Treaty  of  Washing-  [328] 
ton,  or  recognized  by  the  principles  of  International  Law  not  in- 
consistent with  such  rules.  Should  the  Tribunal  exercise  the  power  con- 
ferred upon  it  by  Article  VII  of  the  Treaty,  to  award  a  sum  in  gross  to 
be  paid  to  the  United  States,  they  will  ask  that,  in  considering  the 
amount  so  to  be  awarded,  the  losses  of  individuals  in  the  destruction  of 
their  vessels  and  cargoes  by  the  Sumter,  and  also  the  expense  to  which 
the  United  States  were  put  in  the  pursuit  of  that  vessel,  may  be  taken 
into  account. 


THE  NASHVILLE. 

The  N8,shville,  a  large  paddle-wheel  steamer,  formerly  engaged  on  the 
New  York  and  Charleston  line,  lightened  to  diminish  her 
Th«  Na»hT.iie.  draught,  armed  with  two  guns,  and  commanded  by  an  officer 
who  had  been  in  the  Navy  of  tne  United  States,  ran  out  from  Charleston 
on  the  night  of  the  26th  of  October,  1861.'*  She  arrived  at  the  British  port 
of  St.  George,  Bermuda,  on  the  afternoon  of  the  30th^  of  the  same  month, 
having  been  about  three  and  a  half  days  making  the  passage.  She  took 
on  board  there,  by  the  permission  of  the  Governor,  six  hundred 
tons  of  coal,*  and  this  act  was  approved  by  Her  Ma*jesty's  prin- 
cipal Secretary  of  State  for  the  Colonies.^  This  approval  seems 
to  have  been  elicited  by  the  complaints  which  had  been  made  to  the 
Governor  by  the  Consul  of  the  United  States  at  that  port."  It  may  also 
be  that  Her  Majesty's  Government  preferred  to  have  the  question  set- 
tled, before  it  could  be  made  the  subject  of  diplomatic  representation  on 
the  part  of  the  United  States.  • 

In  view  of  the  rule  as  to  supplies  of  coal  which  was  soon  after  adopted 
by  Her  Majesty's  Government,  the  United  States  insist,  as  they  have 
already  insisted  in  regard  to  the  &imter,  that  a  supply  of  six  hundred 

'  Beraard  to  Se-nrard,  Vol.  II,  page  4^5. 
'  Bernard's  Neutrality  of  Great  Britain,  page  267. 
'  swells  to  Seward,  Vol.  II,  pace  538k 

•  Governor  Ord  to  the  Dnke  or  Newcastle,  Vol.  n,  page  557. 

•  Duke  of  Newcastle  to  Governor  Ord,  Vol.  II,  pake  toS. 

•  Wells  to  Ord,  Vol.  II,  page  639. 


THE   FLORIDA  AND   HER  TENDERS. 


133 


tons  was  greatly  iu  excess  of  the  needs  of  the  Nashville.  There  are  no 
meiuis  of  knowiug  whetlier  she  had  any  coal  on  board  at  the  time  she 
arrived  in  the  port  of  St.  Georg(i.  Assuming  that  she  had  none,  the 
utmost  she  should  have  received  was  enough  to  take  her  back  to 
Cliarleston,  from  which  port  she  had  just  come  in  three  days  and  a  Iialf. 
lustoad  of  that,  she  received  more  than  a  supply  for  a  voyage  to  South- 
ampton.   She  left  Bermuda  on  the  afternoon  of  the  5th  of  November,' 

and  anchored  in  Southampton  waters  on  the  morning  of  the  L'lst 
[330]   of  the  same  n)onth,*  *having  destroyed  at  sea  the  United  States 

merchant-ship  Harvey  liirch-^  on  the  passage. 
A  correspondence  ensued  between  Earl  Kussell  and  Mr.  Adams  as  to 
the  character  of  this  vessel,  in  which  Lord  llussell  said,  "  Tlie  Nashville 
appears  to  be  a  Confederate  vessel  of  war."*  She  was  received  as  such, 
was  "  taken  into  dock  for  calking  and  other  repairs,"  and  "  received  one 
hundred  and  fifty  tons  of  coal"  on  the  10th  of  January.  On  the  25th 
"Captain  Patey,  of  Iler  Majesty's  Navy,  reported  the  Nashville  coaled 
and  necessary  repairs  completed."^ 

On  the  4th  of  the  following  February  the  Nashville  left  Southampton 
and  proceeded  to  Bermuda,  where  she  arrived  on  the  evening  of  the 
L'Uth.  .  On  the  day  previous  to  that  (the  19th)  the  Consul  had  received 
from  the  Governor  the  oflicial  notice  already  alluded  to,  that  the  Gov- 
erumeut  of  Iler  Britannic  Majesty  had  determined  not  to  allow  the 
formation,  in  any  British  Colony,  of  a  coal  depot  lor  the  use  of  the 
vessels  of  war  of  the  United  States."  The  Government  of  the  United 
States  was,  therefore,  not  a  little  astonished  to  learn  from  the  Consul  at 

Bermuda  that  the  Nashville  had  taken  on  board  one  hundred 
[331]   *and  fifty  tons  of  coal  at  that  place,  and  that  she  left  '-under  the 

escort  of  Her  Majesty's  steamer  Sj)iteful."^ 
Those  circumstances,  in  accordance  with  the  principles  hereinbefore 
stated,  justify  the  United  States  in  asking  the  Tribunal  of  ArbitratioM 
as  to  tins  vessel,  to  find  and  certify  tliat  Great  Britain,  by  the  acts  or 
ouiissious  hereinbefore  recited  or  reierred  to,  failed  to  fultill  the  duties 
set  forth  in  the  three  rules  in  Article  VI  of  the  Treaty  of  Washington 
or  recognized  by  the  principles  of  International  Law  not  inconsistent 
with  such  rules.  Should  the  Tribunal  exercise  the  i>ower  conferred 
upon  it  by  Article  VII  of  the  Treaty,  to  award  a  sum  in  gross  to  l>e 
paid  to  the  United  States,  they  will  ask  that,  in  considering  the  amount 
so  to  be  awarded,  the  losses  of  individuals  in  the  destruction  of  their 
vessels  and  cargoes  by  the  Nashville,  and  also  the  expenses  to  which 
the  United  States  were  put  in  the  pursuit  of  that  vessel,  may  be  taken 
into  account. 


[332]  *TnE  FLORIDA,  AND  HER  TENDERS,  THE  CLARENCE, 
THE  TACONY,  AND  THE  ARCHER. 

The  Florida,  originally  know'u  as  the  Oreto,  was  an  iron-screw  gun- 
boat, of  about  seven  hu^  Jred  tons  burden,  bark-rigged,  and  Ti.e  nomia  ..ad 
had  two  smoke-stacks  and  three  masts.*    The  contract  for  ''«'^  »«■"'«" 

'  Wells  to  Sewjird,  vol.  II,  page  540. 

"  Captain  Patey  to  the  Secretary  of  the  Admii-alty,  Vol.  II,  pages  543,  544. 

^  Uiissell  to  Adams,  Vol.  II,  page  555. 

*  A'ol.  II,  i^age  587. 

M)rd  to  Allen,  Vol.  II,  p.age590. 

*  Adams  to  Seward,  Vol.  U,  page  542. 
"  Allen  to  Seward,  Vol.  II,  page  591. 
•Dudley  to  Adams,  Vol.  II,  page  594. 


134 


INSURGENT   CRUISERS. 


bcr  conatrnction  was  inado  with  Fawcott,  Proston  &  Co.,  of  Liverpool, 
by  Bnllock,  soon  after  lie  cnioe  to  England  in  the  snininer  of  ISOl. 
lie  was  introduced  to  them  by  Prioleau,  of  the  linn  of  Fraser,  Trenholm 
&  Co.,  in  order  that  he  niifjht  make  the  eontraet.' 

It  wa.^  pretended,  for  form's  sake,  that  she  was  constnicted  for  tlie 
Italian  (lovernment;  but  it  was  a  shallow  pretense,  and  deeeived  only 
those  who  wished  to  be  deeeived.  The  Italian  ('onsul  at  Liverpool 
disclainu'd  all  knowledjje  of  lier,*  and  people  at  that  port  who  were  fa- 
miliar with  Rhiplmildinjj  understood  from  the  first  that  she  was  b.'iiig 
built  for  the  Southern  insurgents.^ 

The  precise!  date  of  the  making  of  the  contract  cannot  bo 
given  by  the  United  States.  The  *range  of  time  within  which  it  [333] 
must  have  been  made  can  be  determined.  Bullock  lelt  England  in 
the  autumn  of  LSOl,  at  or  about  the  time  that  the  Bermuda  sailed  with 
Iluse's  first  shipment  of  stores;  and  returned  in  March  on  the  Annie 
Childs,  which  ran  the  blockade  from  Wilmington."'  The  contract  was 
matle  before  he  left,  and  the  Florida  was  constructed  during  his  absence. 

The  contract  for  tiie  construction  of  the  hull  was  sub  let  by  Fawcott, 
Preston  &  Co.,  to  Miller  &  Sons,  of  Liverpool.^  The  payments  to 
jNIiller  &  Sons  were  made  by  Fawcett,  Preston  &  Co.;  the  payments  to 
Faw(!ett,  Preston  &  Co.  Avere  made  by  Fraser,  Trenhobn  &  Co. 

By  the  4th  of  February  the  Florida  was  taking  in  her  coal,  and  ap- 
pearances indicated  that  she  would  soon  leave  witliout  her  armament.* 
She  made  her  trial  trip  on  the  17tli  of  February.  By  the  1st  of  I\Iareh 
she  had  taken  in  her  provisions,  "a  very  large  quantity,  enough  lor  a 
long  cruise,"  and  was  "getting  as  many  Southern  sailors'"  as  i)ossibk'. 
She  was  registered  as  an  English  vessel.*  Although  api)arently  ready 
to  sail,  she  lingered  about  Liverpool,  which  gave  rise  to  some 
siiecnlatioiis  in  the  minds  of  the  i)eople  of  that  town.  It  *was  [334] 
said  that  she  had  "injured  herself  and  was  undergoing  repairs.'"' 
The  mystery  was  solved  by  the  arrival,  on  the  11th  of  March,  in  tlio 
Mersey,  of  the  Annie  Childs  from  Wilmington,  bringing  as  i)assengcrs 
Ca])tain  J'ullock'"  and  four  other  insurgent  naval  oiticers,  who  came  on 
board  of  her  "some  twenty  miles  down  the  river  Irom  Wilmington,"" 
and  who  were  to  take  commands  on  the  vessels  which  were  contracted 
for  in  Liverpool.  As  soon  as  they  arrived  they  went  on  board  the 
Florida,  and  were  entertained  there  that  evening.'*  On  the  22d  of  Marcli 
the  Florida  took  her  final  departure  from  the  Mersey,'^  with  "a crew  of 
fifty-two  men,  all  British,  with  the  exception  of  three  or  four,  one  of 
whom  only  was  an  American.""  She  was  consigned  by  Bullock  to 
Heyliger.  Another  account  says  that  she  was  consigned  to  Adderly 
&Co. 


'  Prioh'iiu's  ovideiice,  Vol.  VI,  page  181. 

-  iJndloy  to  Seward,  Vol.  II,  page  592. 

■'See  Mr,  Dudley's  dispatches  of  January  24  and  31,  and  of  February  4, 12, 17, 19,21, 
22,  20,  and  27,  and  of  March  1,  5,  12,  15,  19,  and  22,  in  tlio  year  18G2,  Vol.  VI,  page  214, 
et  8iq. 

*  Dudley  to  Seward,  March  12,  18G2,  Vol.  VI,  page  223. 

■•  Same  to  sanie,  February  12,  18()2,  Vol.  VI,  page  21.5. 

6  Dudley  to  Seward,  Vol.  11,  page  592 ;  Vol.  VI,  page  215. 

'  Same  to  same,  Vol.  II,  page  590 ;  Vol.  VI,  jiago  220. 

"Same  to  same.  Vol.  II,  page  ,597  ,  Vol;  VI,  page 221. 

'Dudley  to  Seward,  March  7,  1802,  Vol.  VI,  page  222. 

'"  Same  to  same,  March  22,  1802,  Vol.  VI,  page  S24. 

"  Dudley  to  Adams,  Vol.  11,  page  COl. 

'•Vol.  II,  page  GO  I. 

'» Vol.  II,  page  G04. 

^*  Customa  Keport,  Vol.  II,  page  605 ;  Vol.  VI,  page  231. 


THE  FLORIDA  AND  HER  TENDERS. 


135 


SimiiltaneoiiHly  with  these  proceeditijjs,  shipments  were  being  mado 

at  Hartlepool,  on  the  eastern  coast  of  Enfjland,  of  cannon,  ritlea,  shot, 

shells,  &('.,  inten^UMl  for  the  Florida.    They  were  sent  from  Liverpool  to 

UurtU'iMH)!  by  mil,  and  there  [mt  on  board  the  steamer  Bahama  for 

Nassau. 

It  was  a  matter  of  public  notoriety  that  this  was  *goins  on.' 
All  the  facts  about  the  Florida,  and  ai)out  the  hostile  expedition 
it  was  proposed  to  make  against  the  United  States,  were  open  and 
notorious  at  IJverpool.  JMr.  Dudley's  correspondence,  aheatly  cited,  was 
full  of  it.  The  means  of  intelli;;ence  were  as  accessible  to  British 
puthorities  as  to  the  consular  otiicers  of  the  United  States.  Neverthe- 
less, it  was  esteemed  to  be  the  duty  of  the  officers  of  the  United  States 
to  lay  what  had  come  to  their  knowledge  before  IJer  ^la.jesty's  Govern- 
nient.  Mr.  Dudley,  the  Consul  at  Liverpool,  wrote  to  JMr.  Adams  that 
he  had  information  from  many  different  sources  as  to  the  Oreto,  "all  of 
which  goes  to  show  that  she  is  intende«l  for  the  Southern  Confederacy."* 
Mr.  Adams  transmitted  the  intelligence  to  Earl  liussell,  and  said  that 
he  "entertained  little  doubt  that  the  intention  was  precisely  that  indi- 
cated in  the  lett^'r  of  the  Consul,  the  carrying  on  war  against  the 
United  States."  *  *  *  lie  added,  "Should  further  evidence!  to  su.s- 
tain  the  allegations  respecting  the  Oreto  be  held  ne(;essary  to  effect  the 
object  of  securing  the  kiterposition  of  Her  Majesty's  Government,  I 

will  njake  an  effort  to  procure  it  in  a  more  formal  manner."^ 
|33C]  The  United  States  ask  the  Tribunal  to  observe  *that,  notwith- 
standing this  offer,  no  olijection  icas  taken  as  to  the  form  of  the 
information  submitted  by  Mr.  Adams,  nor  ivas  he  aslccd  by  Earl  KhsscU 
for  further  partieulars.  Lord  liussell,  however,  in  reply,  transmitted  to 
Mr.  Adams  a  report  of  the  British  Commssioners  of  Customs,  in  which 
twas  stated  that  the  Oreto  was  a  vessel  of  war,  "pierced  for  four 
guns;"  that  she  was  "built  by  Miller  &  Sons  for  Fawcett,  Preston  & 
Co.,"  and  was  "intended  for  the  use  of  Messrs.  Thomas  Brothers,  of 
Palermo;"  that  she  "had  been  handed  over  to  ^Messrs.  Fawcett  & 
Preston :  that  Miller  &  Son  stated  their  belief  that  the  destination  was 
Palermo;"  and  that  "the  examiners  had  every  reason  to  believe  tiiat 
the  vessel  was  destined  for  the  Italian  Government."*  Further  rei)re- 
sentations  being  made  by  Mr.  Adams,  the  same  officers  subsequently 
reported  that,  having  received  directions  "  to  inquire  into  the  further 
allegations  made  in  I'egard  to  the  Oreto,"  they  found  "that  the  vessel 
in  question  was  registered  on  the  3d  of  March  in  the  name  of  John 
Henry  Thonuis,  of  Liverpool,  as  sole  owner ;  that  she  cleared  on  the 
following  day  for  Palermo  and  Jamau-a,  in  ballasf,  but  did  not  sail  until 
the  22d,  *  *  *  having  a  crew  of  fflty-two  men,  all  Britiili, 
[337]  with  the  exception  of  *three  or  four,  one  of  whom  only  was  an 
American."^ 
The  Tribunal  of  Arbitration  will  observe  that  even  from  the  r^norts 
of  these  British  otiicers  it  is  established  that  the  Florida  was  <  v;'ssel 
of  war,  "pierced  for  four  guns;"  and  also  that  notwithstanding  their 
.alleged  belief  that  she  was  intended  for  the  King  of  Italy,  she  was  allowed 
to  clear  for  Jamaica  in  ballast.  Attention  is  also  invited  to  the  easy 
credulity  of  these  officials,  who,  to  the  first  charges  of  Mr.  Adams,  re- 
plied by  putting  forward  the  "belief"  of  the  builders  as  to  the  destination 

*  Seo  Mr.  Diidlny'a  <li.sp.atche9  of  March  7,  Vi,  and  15,  Vols.  II  and  VI. 
'Dudley  to  Adams,  Vol.  II,  page  .'■>'J4 ;  Vol.  VI,  page  216. 

*  Adams  to  Russell,  Vol.  II,  page  593 ;  Vol.  VI,  page  216. 

*  Vol.  II,  pages  595, 96 ;  Vol.  VI,  page  218. 

*  Vol.  II,  page  605 ;  Vol.  VI,  page  231. 


' 


i:!' 


136 


INSURGENT  CRUISERS. 


of  tUo  vessel,  and  who  met  bis  subsequent  conipluints  by  estractinp^  from 
the  custouj  house  records  the  lulso  clearance  which  liullock,  and  Frazer, 
Trenholui  &  Co.,  had  caused  to  be  entered  there,  buch  an  exaniinatiou 
and  such  a  report  can  scarcely  be  regarded  as  the  exercise  of  the  '  duo 
diligence"  called  for  by  the  rules  of  the  Treaty  of  "Washington. 

The  Florida  arrived  at  Nassau  on  the  28th  of  April,  and  was  taken  in 
charge  by  lleyliger,  who  was  then  a  well-known  and  reiognized  insur- 
gent agent.  The  Bahama  arrived  a  few  days  later  at  the  same  port  by 
preconcerted  arrangement.  The  two  branches  of  the  hostile  expe- 
dition, which  had  left  Great  Britain  in  detachments,  were  thus 
♦united  in  British  waters.  They  were  united  in  their  conception  [338] 
in  the  contracts  with  Fawcett,  Preston  &  Co.  They  were  tempo- 
rarily 8ei)arated  by  the  shipment  of  a  portion  of  the  ammunition  and 
stores  by  rail  to  Hartlepool,  and  thence  by  the  Bahama.  They  were  now 
again  united,  and  the  vessels  went  together  to  Cochrane's  Anchorage, 
a  place  about  nine  miles  from  the  harbor  of  Nassau,  not  included  in  the 
port  limits. 

While  there  Captain  Hickley,  of  Her  Majesty's  ship  Greyhound, 
thought  it  his  duty  to  make  a  careful  examination  of  the  vessel,  juid  he 
reported  her  condition  to  the  Governor.  In  a  remarkable  certillcate, 
signed  by  himself,  and  by  the  oflicers  of  the  Greyhound,  dated  June  13, 
18G2,  it  is  stated  that  ho  "  asked  the  Captain  of  the  Oreto  whether  the 
Oreto  had  left  Liverpool  in  all  respects  as  she  was  then ;  his  answer  was 
yes;  in  all  respects."^  As,  therefore,  no  changes  had  been  made  in  her 
after  leaving  Liverpool,  Captain  Ilickley's  report  may  be  taken  to  be 
the  oflicial  evidence  of  a  British  exi)ert  as  to  her  character,  at  the  time 
of  Mr.  Adams's  complaints,  and  of  the  customs  examinations,  lie  says, 
"  I  then  proceeded  to  examine  the  vessel,  and  found  hei"  in  every  respect 
fitted  as  a  war  vessel,  precisely  the  same  as  vessels  of  a  similar 
class  in  Iler  Majesty's  Navy.  She  *has  a  magazine  and  light-  [3*^ 
rooms  forward,  handing-rooms  and  handing-scuttles  for  powder  as 
in  war  vessels;  shell-rooms  aft,  fitted  as  in  men-of-war;  a  regular  lo\»^. 
deck  with  hauiuiockhooks,  mess-shelves,  &c.,  &c.,  as  in  our  own  war 
vessels,  her  cabin  accommodations  and  fittings  generally  being  those  as 
fitted  in  vessels  of  her  own  class  in  the  Navy.  * '  *  •  iShe  is  a  vessel 
capable  of  carrying  guns ;  she  could  carry  four  broadside-guns  forward, 
four  broadside-guns  aft,  and  two  pivot-guns  amidships,  ller  ports  are 
fitted  to  ship  and  unship ;  port-bars  cut  through  on  the  upper  part  to 
unship  also.  The  construction  of  her  ports,  1  consider,  are  pecidiar  to 
vessels  of  war.  I  saw  shot-boxes  all  round  her  upper  deck,  calculated 
to  receive  Armstrong  shot,  or  shot  similar.  She  had  breeching  bolts 
and  shackles,  and  side-tackle  bolts.  Magazine,  shell-rooms,  and  light- 
rooms  are  entirely  at  variance  with  the  fittings  of  a  merchant-ship.    She 


had  no  accommodation  whatever  for  the 


stowage 


of  cargo ;  only  stow- 


age for  i)rovisions  and  stores.  She  was  in  all  respects  fitted  as  a  vessel 
of  war  of  her  class  in  Her  Majesty's  Navy.  •  *  *  The  Oreto^  as  she 
now  standSj  could,  i'i  my  professional  opinion,  tcith  her  crew,  guns, 
arms,  and  ammunition,  going  out  icith  another  vessel  alongside  of  her,  he 
equipped  in  twenty  four  hours  for  hattleJ^^ 

♦The  judge  before  whom  the  case  was  tried,  commenting  on  this    [340] 
evidence,  said :  "  Captain  Ilickley's  evidence  as  to  the  construc- 
tion and  fittings  of  the  vessel  I  should  consider  conclusive  even  had 
there  been  no  other ;  hut  that  construction  and  those  fittings  were  made, 
not  liere,  htit  in  England,^^ ' 

>  Vol.  VI,  page  24G.  «  Vol.  VI,  pages  264  and  266.  '  VoL  V,  page  513. 


i'  \ 


THE   FLORIDA   AND   HER  TENDERS. 


137 


)  was,  therefore,  tlie  comlition  of  tlio  Florida  when  she  left  Liver- 
pool. That  she  was  then  "  iiiteixkil  to  cruise  and  carry  on  war"  against 
tbo  United  States  there  can  be  no  n'asonable  doubt;  that  she  was 
"fitted  out"  and  "equipped"  within  the  jurisdiction  of  Gri'at  Ihitaiu, 
with  all  the  llttinjjfs  and  equipments  necessary  to  enable  her  to  carry  on 
Buch  war,  ii«  ecjually  clear  from  Captain  Ilickley's  professional  statement. 
"Aruihig"  alone  was  necessary  to  make  her  ready  for  battle.  ]>y  the 
rules  of  the  Treaty  of  Washington  either  the  "tittin;j:  out"  or  tho 
"equipi)iujj"  constitute  an  olfense  without  the  "aruiinj;.*'  That  Cireat 
Britain  had  reasonable  grouml  to  belicne  that  the  fittin;j:  out  and  tho 
equipping  had  been  done  within  its  jurisdiction,  with  intent  that  sho 
should  carry  on  such  a  war,  the  United  States  claim  to  have  substan- 
tiated. That  she  had  been  specially  adapted  within  British  jurisdiction, 
to  wit,  at  Liverpool,  to  warlike  use,  will  scaniely  be  (pu'stioned 
[341]  after  tho  positive  testimony  of  Captain  llickley.  That  h^r  ♦de- 
parture from  the  jurisdiction  of  (Jreat  Britain  might  have  been 
prevented  after  the  information  furnished  by  Mr.  Adams  would  seem  to 
be  beyond  doubt.  And  that  a  neglect  to  ju-event  such  departure  was  a 
tailure  to  use  the  "due  diligence"  called  for  by  the  second  clause!  of  tho 
first  rule  of  tho  Treaty  obviously  follows  the  last  conclusion.  If  these 
several  statements  are  mcU  founded.  Great  Britain,  by  i)ermitting  tho 
coustructiou  of  the  Florida,  at  Liverpool,  under  the  circumstances,  and 
by  consenting  to  her  departure  from  that  port,  violated  its  duty  as  a 
oeutral  Government  toward  the  United  States. 

Tho  United  States  Consul,  soon  after  the  arrival  of  the  Oreto  at  ^Nas- 
sau,  called  the  attention  of  the  Governor  to  her  well  known  (character.' 
riie  Governor  declined  to  interfere,  and  Avith  an  easy  credulity  accepted 
the  statements  of  the  insurgent  agents  that  tlie  vessel  was  not  and 
would  not  be  armed,^  and  he  made  no  further  inquiries.  Slie  was  then 
pormitted  to  remain  at  Cochrane's  Anchorage.  A  second  request  to  in- 
quire into  her  character  was  made  on  the  4tli  of  June,  and  refused.' 
On  thoTth  of  June  both  the  Oreto  and  the  Bahama  were  arrested 
[312j  and  brought  up  from  *Cochrane's  Anchorage  into  the  harbor  of 
Nassau.  On  the  Sth  the  mail  steamer  Melita  arrived  from  Eng- 
land, with  Captain  BaphaelSemmes  and  hisofUcers  from  the  Sumter  as 
passengers.  They  "  became  lions  at  once."^  The  Oreto  was  immedi- 
ately released.  The  Consul  reported  this  fact  to  his  Government,  aud 
said  that  "  tho  character  of  the  vessel  had  become  the  theme  of  general 
conversation  aud  remark  among  all  classes  of  the  citizens  of  Nassau 
tor  weeks."'  On  the  same  day  Captain  llickley,  whose  professional  eye 
liiul  detected  tho  purpose  of  the  vessel  from  the  beginning,  signed  with 
his  officers  tho  certificate  quoted  above. 

The  Consul,  finding  that  reenwed  representations  to  the  Governor* 
were  met  by  an  answer  that  tho  agents  of  the  Oreto  assured  him  of 
their  intention  to  clear  in  ballast  for  Ilavana,  aud  that  he  had  given 
his  assent  to  it,"  applied  to  Captain  Uickley,  of  the  Greyhound,  and 
laid  before  him  the  evidence  which  had  already  been  laid  before  the 
civil  authorities.  He  answered  by  sending  a  tile  of  marines  oii  board 
the  Oreto  and. taking  her  into  custody.^ 

'  Consul  Whiriug  to  Governor  Bayloy,  Mav  9,  1802,  Vol.  VI,  page  235. 
« Nesbitt  to  Whiting,  May  13,  Iniii,  Vol.  VI,  page  236. 
3  Vol.  VI,  pages  2:{tf,239. 

*  Whiting  to  Seward,  June  19,  1862,  Vol.  VI,  page  241. 
'Whiting  to  Seward,  June  13,  1H()2,  Vol.  VI,  page  242. 

•  Whiting  to  Davley,  June  12,  18C2,  Vol.  VI,  page  243. 
''  Nesbitt  to  Whiting,  June  13,  18«2,  Vol.  VI,  page  244. 
«  Whiting  to  Seward,  June  18,  1862,  Vol.  VI,  page  200. 


138 


INSURGENT  CRUISERS. 


ir 


Tlio  civil  autljorities  at  Nassau  were  all  actively  *fnen<lly  to  [343] 
the  insurgents.  With  the  Consul  of  tlio  United  States  they  had 
only  the  formal  relations  made  necessary  by  his  ollicial  position.  With 
the  insurgents  ic  was  quite  diiferent.  We  have  already  seen  how  Hey- 
liger  thought  they  re?rarded  him.  IMaflitt,  Semnies,  and  many  other  in- 
surgerit  otticers  were  there,  an<l  were  often  thrown  in  contact  with  the 
Government  otlicials.  Adderlej ,  tlio  coiTcsjiomlent  of  Fraser,  Tron- 
holm  &  Co.,  and  the  mercantile  agent  of  the  insurgents,  was  one  of  tlie 
leading  merchants  of  the  colony.  Harris,  his  partner,  was  a  member  of 
the  Council,  and  was  in  intimate  social  relations  witli  all  the  authori- 
ties. The  principal  law  oflicer  of  the  colony,  who  would  have  charge 
of  any  prosecution  that  might  be  instituted  against  the  Oreto  and  the 
cross-examination  of  the  witnesses  summouc'd  in  her  favor,  was  the  coun- 
sel of  Adderley.  All  these  circumstances,  combined  with  the  ojien  i)arti- 
ality  of  the  colonial  authorities  for  the  cause  of  the  South,  threw  the 
insurgent  agents  ami  officers  at  that  critical  moment  into  intimate  re- 
lations with  those  local  authorities.* 

If  it  had  been  predetermined  that  the  Oreto  should  be  released  by 
going  through  the  form  of  a  trial  under  the  Foreign  Enlistment  Act,' 
the  steps  could  not  have  been  better  directed  for  that  pur- 
*pose.  The  trial  coninjenced  on  the  4th  of  July,  lSii2.^  The  [344J 
prosecution  was  conducted  by  a  gentleman  who  was  at  once  Crown 
Couutiel,  Advocate  General,  and  conlidential  comisel  of  Adderley  tS:  Co. 
and  who,  in  a  sjjeech  made  in  a  trial  in  another  court,  which  took 
place  after  the  Oreto  was  libeled  and  before  the  decree  was  rendered, 
said  that  the  Union  of  the  United  Stalies  was  "a  myth,  a  Yankee 
fiction  of  the  past,  now  fully  exidoded."*  The  tempter  with  which  lie 
would  manage  tlie  prosecution  of  the  Oreto  may  be  ima<^ined  from  tliis 
speech.  Uc  hurried  on  the  trial  beibre  evidence  couhl  be  obtained  from 
Liverpool.  He  conducted  his  cross-examinations  so  as  to  suppress 
evidence  unfjworable  to  the  Oreto,  when  it  could  be  done.  He  neglected 
to  summon  witnesses  who  must  have  been  within  his  ccmtrol,  who  could 
l\ave  shown  conclusively  that  the  Oreto  was  built  for  the  insurgents, 
and  was  to  be  converted  into  a  man-of-war."  IMaflitt  knew  it,  but  was 
not  called.^  Heyliger  knew  it,  but  was  not  called.  Adderley 
*kne\v  it,  but  he  was  not  called.  Evans  and  Chapman  were  both  [345] 
there — officers  in  the  insurgents'  navy,  under  the  direction  of 
Maffltt,  drawing  ])ay  from  him  as  an  otlicer  in  that  navy,  and  giving  re- 
ceipts as  sucli.^  They  knew  all  about  it,  but  were  not  caUed.  Hants,' 
a  member  of  the  tirm  of  Adderley  &  Co.,  was  called,  but  his  cross-exam- 
ination was  so  conducted  as  to  bring  out  nothing  damaging  to  tlie 
vessel.''    He  said,  for  instance,  that  the  Oreto  was  consigned  to  hini  liy 

'  Kirkpatrirli,  to  Seward,  Vol.  VI,  i)nn;o  3"i7. 

«Tliis  seciuin<j;ly  liar.sb  Btatoiucut  ia  Tally  borno  out  by  tbo  report  of  the  trial.  See 
Vol.  V,  vast!  WJ. 

^Go\L'viu)T  Ijaylcy  to  Captain  Ilieklpv,  Juno,  1802. 

*  Wliitiii-j  lo  .Si'w.inl.  Aii^nist  1,  li^O.VVol.  VI,  paj^o  2(il. 

*It'  till!  '1  libuiiiil  will  road  tlio  Huiiiniary  of  tbis  rase  in  the  opinion  of  the  court, 
wliicli  may  bo  limiid  at  pago  5Ut)  of  Vol.  V,  it  will  bo  found  tbut  this  Htatoiuout  is  not 
too  Htroii^. 

"Tlio  Oreto  bad  in  fart  boon  ordered  by  Bnllock,  as  ngont  of  tbo  Confedorate  Govern- 
ment, from  one  >iliip-lmildin;;  linn,  as  tbo  Alabama  bad  boon  ordered  by  biin  from  an 
otbor ;  and  Cai)(ain  Malliti,  tlio  ollicer  a[»i>oiiitod  to  eoiumaud  Lor,  wan  all  this  wbili' 
at  Nassau,  waiting  tho.resulfc  of  tbo  trial. — licrnard'a  Neutrality  of  Great  JJrUain,  pago 
ool. 

'  Soo  Evans  and  Cbapniun's  vouchers,  Nassau,  .Inly  28,  Vol.  VI,  page  330. 

•See  Consul  Kirkpatrick's  dispatch  to  Mr.  Suward,  July  7,  ItfCy,  as  to  the  stamliug 
of  those  men.  Vol.  VI,  pugo  387. 

•Vol.  V,pugoul7. 


THE   FLORIDA  AND   HER  TENDERS. 


139 


I'ti'd 
oukl 

I'lltS, 

lit  was 
[3-15] 

„o-r,.. 

iirris," 
exam- 
t»>  tlic 
im  Ity 


Sei: 


Govorii- 

TOIIl  ill! 

is  wliili' 
tin,  liaS" 

tauiliug 


Fraser,  Treiiliolm  &  Co.,  and  was  to  clear  for  St.  Jolm's,  New  Bruns- 
wick. It  might  have  been  supposed  that  counsel  desirous  of  ascertain" 
iD{?  the  truth  would  have  followed  up  these  dews,  and  would  have 
shown  from  this  witness  the  origin  and  the  real  purposes  of  the  vessel ; 
but  that  was  not  done. 

Thedirect  examination  of  Captain  Tlickloy,  of  the  Greyhound,  disclosed 
that  officer's  opinion  of  the  character  and  destination  of  the  Oreto. 
His  cross-examination  was  conducted  by  a  gentleinan  who  was  repre- 
sented to  be  the  Solicitor  General  of  the  Colony,  but  who,  in  this  case, 
appeared  against  the  Crown.  The  testimony  of  sailors  was  also 
[340]  received  to  show  that  the  vessel  carried  Con* federate  flags,  and 
thatSemmes  and  the  other  insurgent  ofiicers  were  in  the  habit  of 
visiting  iier. 

The  judge,  in  deciding  the  case,  disregarded  the  imsitive  proof  of  the 
charncter,  intent,  and  ownership  of  the  vessel.  He  said  tiiat  lie  did  not 
believe  the  evidence  as  to  the  insurgent  Hags,  coming  from  common 
sailors,  and  he  added,  "  Had  there  been  a  Confederate  lliig  on  board  the 
Oreto,  I  should  not  consider  it  as  very  powerful  evidence."  The  over- 
whorming  testimony  of  Captain  Hickley  and  bis  otlicers  was  summarily 
disposed  of.  To  this  he  said,  "  1  have  no  right  wliatever  to  take  it  into 
consideration;  the  case  depends  ui)on  what  has  been  done  since  the 
vessel  came  within  this  jurisdiction."  While  thus  ruling  out  either  as 
false  or  as  irrelevant  evidence  aga  nst  the  vessel  which  events  proved 
to  he  true  and  relevant,  he  gave  the  willing  ear  n'  credence  to  the  mis- 
statements of  the  ^H  rsons  connected  with  the  Oreto.  He  could  see  no 
evidence  of  illegal  intent  in  the  acts  of  those  who  had  charge  of  the 
Oreto.  It  is  no  wonder  that  the  trial  en(h>d  on  the  L*d  of  August  with 
a  judgment  that,  "  Under  all  these  circumstances  I  do  not  feel  that  I 
sliould  be  justitied  in  condemning  the  Oreto.  She  will  therefore  be 
restored."  * 

The  United  St  ites  call  the  attention  of  the  Arbitrators  to  the 
[347j  important  fact  tliat  the  princi*pal  ground  on  which  this  vessel 
was  released,  namely,  the  irrelevancy  of  the  evidence  of  Captain 
Hickley  and  li is  associates,  was  believed  by  Her  Majesty's  Government 
not  to  be  in  accordance  with  liritish  law.  When  the  news  of  the  seizure 
of  the  Oreto  arrived  at  London,  Earl  Russell  directed  incpiiiies  to  be 
made,  ''  in  order  that  a  competent  officer  should  be  sent  to  Nassau  in 
order  to  give  evidence  as  to  what  occurred  at  Liver[)ool  in  the  case  of 
that  vessel."*  Her  Majesty's  Government  evidently  considered  that  it 
would  be  relevant  an  1  proper  to  show  the  condition  of  the  v«'ssel  when 
she  left  Liverpool;  and  should  it  appear,  as  it  did  ai)pear  in  Captain 
Hickle.v's  testimony,  thatnt  the  time  of  her  leaving  she  was  litted  out 
as  a  nian-of-war,  witli  intent  to  cruise  against  the  United  States,  then  it 
would  be  entirely  within  the  scope  of  the  powers  of  the  court  in  Nassau 
to  condemn  her  for  a  violatit)n  of  the  Foreign  Eidistment  Act  Oi  1819. 
Had  the  trial  not  been  hurried  on,  such  i)robably  would  have  ueen  the 
instructions  from  London. 
Both  before  an<l  after  the  release  of  the  Oreto,  ^Mallitt  was  shipping  a 
crew  at  Nassau.  One  witness  deposes''  to  shipping  forty  men. 
[34S]  On  the  8th  of  August  she  cleared  for  St.  John's,  New  *ljruns 
wick.  This  was  on  its  face  a  i>alpable  fraud.  On  the  9th  the 
schooner  Prince  Alfred  went  to  the  wharf  of  Adderley  &  ('o.,  the  Nas- 
sau correspondents  of  Fraser,  Trenhobn  &  Co.,  and  there  took  on  board 
eifjht  cannon  and  a  cargo  of  shot,  sheds,  and  provisions,  and  then  went 


'  Vol.  V,  payo  521 ;  Vol.  VI,  itaKo  '^9^>. 
'Solomon's  dopoailiuu,  Vol.  VI,  page  310. 


aVol.  II,  iiugcsdlO,  Oil. 


140 


ISSUBGENT  CRUISERS. 


^■•r !    'i 


over  the  bar  and  laid  her  course  for  Green  Cay,  one  of  the  British  Ba- 
hama Islands,  about  sixty  miles  distant  from  Nassau.  The  Oreto,  hav- 
ing been  thoroughly  supplied  with  coal  while  at  the  island  of  Kew 
Providence,  laj'  outside  with  a  hawser  attached  to  one  of  Her  Majesty's 
ships  of  war.  Wheu  the  Prince  Alfred  appeared  she  cast  off  the  haw- 
ser and  followed  and  overtook  the  Prince  Alfred,  and  gave  her  a  tow. 
It  was  a  bright  moonlight  night,  witli  a  smooth  sea,  and  the  voyage  was 
soon  nmde.  The  arms  and  ammunition,  and  so  much  of  the  supplies  as 
she  had  room  for,  were  then  travisferred  to  the  Oreto;  the  rest  were  taken 
back  to  Nassau,  where  the  Prince  Alfred  went  unmolested  for  her  vio- 
lation of  the  law.  The  two  vessels  i)arted  company,  and  the  Oreto,  now 
called  the  Florida,  made  for  the  coast  of  Cuba. 

The  United  States  ask  the  Tribunal  of  Arbitration  to  find  that  in 
these  proceedings  which  took  place  at  Nassau  and  in  the  Bahamas, 
Great  Britain  was  once  more  guilty  of  a  violation  of  its  duty,  as  a  neu- 
tral, toward  the  United  States,  in  regard  to  this  vessel. 

*The  Oreto  had  been,  within  the  jurisdiction  of  Great  Britain  [319] 
at  Liverpool,  specially  adapted  to  warlike  use,  with  intent  that 
she  should  cruise  or  carry  on  war  against  the  United  States.  She  had 
come  again  at  Nassau  within  tlic  jurisdiction  of  Her  Majesty,  and  no 
steps  were  taken  to  prevent  her  departure  from  that  jurisdiction.  This 
alone  was  a  violation  of  the  duties  prescribed  by  the  second  clause  oi 
the  first  rule  of  the  Treaty;  but  it  was  not  the  only  failure  of  Her 
M.njesty's  officials  to  perform  their  duties  at  that  time  as  the  represent- 
ative of  a  neutral  Government. 

The  Oreto  was  armed  within  British  jurisdiction ;  namely,  at  Green 
Ca.y.  The  arrangements  for  arming,  however,  were  made  in  the  harbor 
ot  Nassau ;  and  the  two  vessels  left  that  port  almost  simultaneously,  and 
proceeded  to  Green  Cay  together.  The  puri)ose  for  which  they  went 
was  notorious  in  Nassau.  This  was  so  palpable  an  evasion  that  the  act 
should  be  assumed  as  having  taken  place  in  the  harbor  of  Nassau.  In 
either  event,  however,  the  act  was  committed  within  British  jurisdic- 
tion, and  was  therefore  a  violation  of  the  first  clause  of  the  first  rule  of 
the  Treaty. 

In  like  manner,  the  same  acts,  and  the  enlistment  of  men  at  New 
Providence,  were  violatiiins  of  the  second  ride  of  the  Treaty.  There 
was  no  diligence  used  to  prevent  any  of  these  illegal  acts. 

•From  Green  Cay  the  Florida  went  to  Cardenas,  in  the  island  of 
Cuba,  and  attempted  to  ship  a  crew  there.  "The  matter  was 
brought  to  the  notice  of  the  Government,  who  sent  an  official  to  Lieu- 
tenant Stribling,  commanding  during  Lieutenant  Commanding  J.  N. 
Maffitt's  illness,  with  a  copy  of  the  [Spanish]  Queen's  Proclanmtion,  and 
notification  to  him  that  the  Florida  had  become  liable  to  seizure."' 
This  efficient  conduct  of  the  Spanisli  authorities  made  the  officers  of  the 
Florida  feel  at  once  that  they  were  no  longer  in  British  waters.  She 
left  Cuba,  and  on  the  4th  of  Sieptember  she  ran  through  the  blockading 
squadron  of  Mobile,  pretending  to  be  a  British  man-of-war,  and  flyiug 
British  colors. 

During  the  night  of  the  IGth  of  January,  18G3,  the  Florida  left  Mobile. 
On  the  morning  of  the  20i;li  of  the  same  month  she  re-entered  the  harbor 
of  Nassjiu.  Between  Mobile  and  Nassau  she  had  destroyed  three  small 
vessels,  the  Corris  Ann,  the  Estelle,  and  the  Windward.  At  Nassau 
she  was  received  witli  more  than  honor.  She  '*  entered  the  port  without 
any  restrictions,'^  and  "  the  offi<,'er8  landed  in  the  garrison  boat,  escorted 

'  Copy  of  voucher  orMauiiel  Corany,  Vol.  VI,  pane  331. 
•  Wbitiug  to  Seward,  Juuuary  20, 18(i3,  Vol.  Vl,  page  333. 


[350] 


bvthe  , 
'  R 
[351]  ra 
h( 
for  thirt 
to  last  1 
sion  of  t 

The  at 
excess  o 
tions  iss 

"  Thes 
erent,  w 
hours  all 
provisioi 
In  either 
ration  of 
w 
[352]    t 

so 
was  she 
special  p 

These 
were  not 
the  treat 

The  FI 
18C2,  an( 
mington, 


THE   FLORIDA  AND   HER  TENDERS. 


141 


bv  the  post  arljutant,  Lieutenant  Williams,  of  the  Second  West  India 
Regiment."*  The  Governor  made  a  feint  of  finding  fault  with  the 
1351]  mode  in  which  she  had  entered,  but  *euded  by  giving  her  all  the 
hospitality  which  her  commander  desired.  She  was  at  Nassau 
for  thirty-six  hours,*  and  while  there  she  took  in  coal  and  jirovisions 
to  last  lor  three  months.^  This  coal  was  taken  on  board  by  "  permis- 
sion of  the  authorities."* 

The  attention  of  the  Tribunal  of  Arbitration  is  also  invited  to  the 
excess  of  those  and  all  similar  hospitalities,  as  violations  of  the  instruc- 
tions issued  on  the  Slst  of  January,  18C2.' 

"These  orders  required  every  ship  of  war  or  privateer  of  either  bellig- 
erent, which  should  enter  British  waters,  to  depart  within  tw?nty-four 
hours  afterward,  except  in  case  of  stress  of  weather,  or  of  her  requiring 
provisions  or  things  necessary  for  the  subsistence  of  her  crew,  or  repairs. 
In  either  of  these  cases  she  was  to  i»ut  to  sea  as  soon  alter  the  expi- 
ration of  the  twenty-four  hours  as  possible,  taking  in  no  supplies  beyond 
what  might  be  necessary  for  immediate  use,  and  no  more  coal 
[352]  than  would  carry  her  to  the  nearest  port  of  *her  own  country,  or 
some  nearer  destination,  nor  alter  coaling  once  in  British  waters 
was  she  to  be  suffered  to  coal  again  within  three  months,  unless  by 
special  permission."^ 

These  rules  were  rigidly  enforced  against  the  United  States.  They 
were  not  only  relaxed,  but  they  were  oftentimes  utterly  disregarded  in 
the  treatment  of  the  iusurjient  vessels. 

The  Florida  when  at  Nassau,  in  the  months  of  May,  June,  and  July, 
18G2,  and  again  in  the  month  of  January,  1S63,  was  distant  from  Wil- 
mington, Charleston,  or  Savannah,  only  two,  or  at  most  three,  days' 
steaming.  She  ordinarily  sailed  under  canvas.  Even  when  using  steam 
iu  the  pursuit  and  capture  of  vessels  her  consumption  of  coal,  as  shown 
by  her  log-book,  did  not  average  four  tons  a  day.  Thirty  tons,  (more 
than  the  amount  taken  by  the  United  States  Steamer  Dacotah  Sei)tera- 
ber,  18G2,)  was  all  that  she  should  have  been  allowed  to  tJike  on  board 
under  the  instructions,  even  had  she  been  an  honest  vessel,  and  one 
that  Great  Britain  was  not  bound  to  arrest  and  detain.  Yet  in  July, 
1862,  she  received  all  tlie  coal  she  wanted,  and  in  Jauu:  1803,  she 
took  on  board  a  three  months'  supply. 

The  Tribunal  also  will  note  that  in  January,  1863,  the  entry 
[353]   into  the  harbor,  though  made  *without  permission,  was  condoii'  ' 

that  the  visit  hasted  thirty-six  hours  instead  of  twenty-four;  and 
that  the  "supplies"  exceeded  largely  what  was  immediately  necessary 
lor  the  subsistence  of  the  crew. 

The  excessive  hospitality  was  in  striking  contrast  with  the  receptions 
given  to  vessels  of  the  United  States  at  that  port.  It  has  already  been 
shown  that  in  December,  1801,  the  United  States  had  been  forbidden 
to  land  coals  at  Nassau  or  Bermuda,  except  on  condition  that  it  should 
not  he  used  for  their  vessels  of  war.     It  has  also  been  shown  that  in 


'  Whiting  to  Seward,  26th  January,  1863,  Vol.  III.  page  333. 
Whiting  to  Sewlkrd,  January  27,  ld63,  Vol.  VI,  icige  333. 
'  Journal  quoted  ante,  page  — .    See  also  Vol.  II,  page  617.    See  als'^  Vol.  VI,  page 


•Whiting  to  Sewlkrd,  January  27,  ld63.  Vol.  VI,  page  333. 
'  Journal  quoted  ante,  page  — .    See  also  Vol.  II,  page  6] 
335,  the  deposition  of  John  Demcrith,  who  says,  "  Wo  filled  her  bunkers  with  coal,' and 

t laced  some  on  deck,  and  in  every  place  that  could  hold  it.    I  suppose  that  she  had  on 
oard  over  one  hundred  and  eighty  tons  that  wo  put  there.    She  did  not  have  lem  than 
that  quantity.    The  coal  was  taken  from  the  wharves  and  from  vessels  iu  the  harbor. 
The  money  for  coaling  her  was  paid  from  Mr.  Henry  Adderley's  store." 
« Whiting  to  Wells,  Vol.  II,  page  616. 
Vol.  IV,  page  175. 
'Bernard's  Neutrality  of  Qreal  Britain,  pages  965  and  266. 


142 


INSUKGENT    CRUISERS. 


V.I" 


September,  18C2,  tbe  UiiHetl  States  war-steamer  Dacotali  was  forbidden 
to  take  more  tbaii  twenty  tons  of  coal,  and  tbat  only  upon  condition 
tbat  for  ten  days  sbe  would  not  re-appear  in  Britisb  waters.  Ou  the 
20tb  of  tlie  previous  November  tbe  commander  of  tbe  Wacbusett  was 
informed  tbat  be  could  not  be  allowed  even  to  ancbor,  or  to  come  within 
three  miles  of  tbe  shore,  witbout  permission  of  tbe  Gov^ernor.  In  fact, 
tUe  indignities  to  wbicli  tbe  vessels  of  tbe  United  States  were  subjected 
were  so  great  tbat  ibe  Jtear- Admiral  in  command  of  tbe  tleet,  on  tho 
2d  of  January,  18G3,  wrote  to  the  Secretary  of  tbe  Navy,  ''  1  have  not 
entered  any  IJritisb  port  except  Bermuda,  nor  do  I  intend  to  enter,  or 
permit  any  of  tbe  vessels  of  the  squadron  to  ask  permission  to 
•enter,  or  subject  myself  and  those  under  my  command  to  the  [354] 
discourtesies  those  who  bad  entered  beretofore  bad  received."* 

Tbe  United  States  insist  that  tbese  excessive  'ospitalities  to  the 
Florida  and  tbese  discourtesies  to  tlie  vessels  of  war  of  tbe  United 
States  constituted  a  further  violation  of  the  duties  of  Great  Britain  as 
a  neutral.  By  fuiiiisbing  a  full  supi)ly  of  coal  to  tbe  Florida,  alter  a 
similar  bosi)itabty  had  been  refused  to  the  vessels  of  tbe  United  States, 
tbe  Britisb  otiicials  permitted  Nassau  to  be  made  a  base  of  hostile  oi)er- 
atious  against  the  United  States;  and  for  this,  fis  well  as  for  other  vio- 
lations of  duty  as  to  that  vessel,  which  have  been  already  noticed,  Great 
Britain  became  liable  to  tbe  United  States  for  tbe  injuries  resulting  from 
her  acts. 

Tbe  Florida  left  tbe  port  of  Nassau  on  tbe  afternoon  of  tbe  27tb  of 
January,  18G3.  By  tbe  middle  of  tbe  Ibllowing  montb  her  coal  was  get- 
ting low.  On  the  2Gtb  day  of  February  Admiral  Wilkes,  in  coiiunaud 
of  tbe  United  States  Squadron  in  tbe  West  Indies,  wrote  to  his  Gov- 
ernment thus:  '' Tbe  fact  of  tbe  Florida  having  but  a  few  days' coal 
makes  me  anxious  to  have  our  vessels  off  tbe  Martinique,  wbicli  is  the 
only  island  at  wbicb  they  can  hope  to  got  any  coal  supplies,  tbe 
Englisb  islands  being  *cut  oil"  under  the  rules  of  ber  Majesty's  [3.55] 
Government  for  some  sixty  days  yet,  wbicb  precludes  tbe  possi- 
bility, unless  by  chicanery  or  fraud,  of  the  hope  of  any  coal  or  com- 
fort tbere.'^^  Admiral  Wilkes's  hopes  were  destined  to  disappointment. 
On  tbe  24tb  of  February,  two  days  before  tbe  date  of  bis  disjiatch,  tlie 
Florida  bad  been  in  tbe  harbor  of  Barbadoes,  and  bad  taken  on  board 
about  one  hundred  tons^  of  coiil  in  violation  of  tbe  instructions  of  Jan- 
uary 31,  1802. 

Hear- Admiral  Wilkes,  bearing  of  tbis  new  breacb  of  neutrality,  visited 
Barbadoes  ten  days  later  to  inquire  into  tbe  circumstance.  He  ad- 
dressed a  letter  to  tbe  Governor,  in  which  be  said,  "  I  bave  to  request 
your  Excellency  will  attbrd  me  tbe  oi»portunity  of  laying  before  my 
Government  the  circumstances  under  which  the  Florida  was  permitted 
to  take  in  a  supply  of  coal  and  provisions  to  < outinue  ber  cruise  and 
operations,  alter  having  so  recently  coaled  and  juovisioned  at  Nassan, 
one  of  Her  Majesty's  colonies  iu  tbe  West  Indies,  anq)le  time  having 
been  afforded,  some  thirty  days,  for  the  information  to  bave  reached 
tbis  island  and  Government ;  and  if  any  cause  existed  w'.iy  an  investi- 
gation was  not  instituted  after  the  letter  to  your  Exc.riency  was 
received  from  *the  United  States  Consul."  *  The  Governor  evaded  [35G] 
tbe  question.  Ue  "tloubtcd  very  much  wbether  it  would  be  de- 
sirable to  enter  into  correspondence  upon  tbe  points  adverted  to,"  and 

'  Il(>ar-A<liuii-al  Wilkes  to  tb«  Secrotarv  of  the  Navy,  January  2,  1873. 
«  Aduiiial  Wilkes  to  Mr.  WelloH,  Vol.  VI,  potte  338. 
'TiowbrulKti  to  Sowanl,  Vol.  II,  page  (ilU ;  Vol.  VI,  page  339. 
*  Wilkea  to  Walker,  Vol.  II,  page  65W ;  Vol.  VI,  page  343. 


said  tbat 

than  wba 

of  war  Si 

tween  th( 

the  13th  < 

of  coal  an 

no  coal  or 

Under  1 

to  declare 

express  v: 

Whether 

already  s( 

neutral,  ai 

against  Gj 

Before  c 

to  f 

[357]    wer 

ceiv 

referred  t( 

Captain  CI 

States  war 

remain  the 

ilvJ-pump 

for  you,  be: 

twenty-foui 

eeed  to  sea 

Avhich  it  W( 

Captain  B- 

requested,  i 

my  inabilit' 

This  1  v:'iaS 

some  mann 

'.aachinery. 

anch< 

[358]   refus( 

t'lis  [ 

liarbadoei 

operations  a 

'vork  of  dest 

a  short  timi 

mercial  mar 

the  Common 

tlie  M.  J.  C( 

Cross,  the  Si 

An  intercept 

1S(J3,  .say.s,  " 

liirswilfuot 

On  the  lot 

inaiiiod  nine 

'lull  and  mac 


THE   FLORIDA   AND   HER   TENDERS. 


143 


said  tbat  "  in  sanctioning  tne  eoaliug  of  the  Florida,  be  did  no  more 
tban  what  be,  bad  sanctioned  in  tbe  case  of  the  United  States  steamer 
of  war  San  Jacinto."  ^  Tbere  was  no  parallel  or  even  resemblance  be- 
tween tbe  treatment  of  tbe  Sun  Jacinto  and  tbat  of  tbe  Florida.  On 
the  13tb  of  November,  18G3,  tbe  San  Jacinto  received  seventy-live  tons 
of  coal  and  some  wood  at  Barbadoes.  With  tbat  exception  sbe  received 
no  coal  or  otber  fuel  from  a  Britisb  port  during  tbat  cruise.* 

Under  tbese  circumstances  tbe  United  States  must  ask  tbe  Tribunal 
to  declare  tbat  tbe  burden  is  upon  Great  Britain  to  establish  tbat  this 
express  violation  of  Iler  Majesty's  Proclamation  was  innocently  done. 
Whether  done  innocently  or  designedly,  they  insist,  for  tbe  reasons 
already  set  forth,  tbat  the  act  was  a  new  violation  of  tbe  duties  of  a 
neutral,  and  furnished  to  *be  'United  States  fresh  cause  of  complaint 
against  Great  Britain. 
Uefore  completing  the  history  of  this  vessel,  the  United  States  Jesire 
to  show  to  the  Tribunal  how  the  vessels  of  the  United  States 
[357]   were  received  at  *Barbadoes,  tbe  port  at  which  the  Florida  re 
ceived  tbe  last-mentioned  sujjply  of  coal.  .  They  have  already 
referred  to  tbe  treatment  of  their  vessels  at  Xassau  and  Bermuda. 
Captain  Charles  Bogg;.^  arrived  at  Barbadoes  in  Ai)ril,  18G5,  in  the  United 
States  war-steamer  Connecticut,  and  made  application  for  permission  to 
roinain  there  "  a  few  days  for  tlie  purpose  of  overhauling  the  piston  an<l 
..^  Jpunip  of  tbe  engine.'' '  The  Governor  replied,  "It  will  be  necessary 
for  you,  before  I  can  give  my  sanction  to  your  staying  here  longer  than 
twenty-four  hours,  to  give  a  definite  assurance  of  your  inability  to  ])ro- 
eeed  to  sea  at  tbe  expiration  of  that  time,  and  as  to  the  period  within 
which  it  would  be  possible  for  you  to  execute  tbe  necessary  repairs." ■• 
Captain  Boggs  replied,  "  Your  letter  virtually  refuses  the  permission 
recpiested,  inasmuch  na  it  recjuires  me  to  give  a  detinite  assurance  of 
my  inability  to  proceed  to  sea  at  the  termination  of  twentj'  four  hours. 
This  1  ctuinot  do,  as  an  American  man-of-war  can  always  go  to  sea  in 
some  manner.    I  shall  do  this,  although  with  risk  to  my  vessel  and 
raachinery.    Regretting  that  the  national  hospitality  of  remaining  at 
anchor  for  the  i)urposes  named  in  my  letter  of  this  morning  is 
[358]   refused,  1  have  tbe  honor  to  inform  you  that  •!  shall  depart  from 
t'lis  port  to-morrow  at  10  a.  m."' 
liarbadoes  as  well  as  Nassau  having  been  thus  made  a  base  of  hostile 
operations  against  the  United  States,  the  I'lorida  again  sailed  out  on  her 
'vork  of  destruction  on  tbe  evening  of  tbe  2Gtb  of  February,  1803,  and  in 
a  short  time  captured  or  destroyed  tbe  following  vessels  of  the  com- 
mercial marine  of  tbe  United  States,  viz  :  tbe  Aldebaran,  the  Clarence, 
the  Commonwealth,  the  Crown  Point,  tbe  General  Berry,  the  Henrietta, 
the  j\L  J.  Colcord,  tbe  Lapwing,  the  Oneida,  tbe  liienzi,  the  Southern 
Cross,  tbe  Star  of  Peace,  tbe  William  B.  Nash,  and  the  lied  Gauntlet. 
An  intercepted  letter  from  her  commander  to  Bullock,  dated  April  25, 
lS(i3,  says,  "  Tbe  Florida  has  thus  far  done  her  duty.    Six  million  dol- 
lars will  not  make  good  the  devastation  this  steamer  has  committed."* 
On  tbe  loth  of  July,  18G3,  tbe  Florida  arrived  at  Bermuda.    Sbe  re- 
mained nine  days  in  that  port,  and  was  thoroughly  repaired  both  in  her 
hull  and  machinery.    Sbe  also  took  on  board  a  full  supply  of  the  best 

'  Walker  to  Wilkes,  Vol.  11,  page  629 ;  Vol.  VI,  page  344. 
«  Robeson  to  Fish,  Vol.  VI,  page  .145. 

*  Captain  Boggs  to  Governor  Walker,  Vol.  VI,  page  178. 

*  Governor  W  alkcr  to  Captain  Boggs,  Vol.  VI,  page  178. 

*  Captain  Boggs  to  Governor  Walker,  Vol.     '■ ,  page  179, 

*  Vol.  II,  page  629 ;  Vol.  VI,  page  346. 


rr 


* 


144 


INSURGENT  CHUISEE8. 


Cardiff  coal,  wliicli  had  been  brought  to  her  from  Halifax  bj'  the.  trans- 
port Harriet  Pinckney.'    This  was  permitted  notwithstanding  the 
general  order  that  neither  belligerent  was  to  *be  permitted  to   [359] 
make  coal  depots  in  British  colonial  ports. 

Here,  again,  were  fresh-recurring  violations  of  the  duties  of  Great 
Britain  as  a  neutral,  to  be  added  to  the  accumulated  charges  that  have 
already  been  made  as  to  this  vessel. 

With  the  improvements,  repairs,  and  supplies  obtained  at  Bermuda 
the  Florida  started  for  Brest.  In  crossing  the  Atlantic  she  destroyed 
the  Francis  B.  Cutting  on  the  Gth  of  August,  and  the  Avon  on  the  26th. 
On  the  3d  of  September  Maffltt  reports  from  Brest  to  Bullock,  at  Liver- 
pool, "  a  list  of  men  discharged  from  tlje  Florida,  with  their  accounts 
and  discharges,"  and  he  asks  him  "  to  provide  them  situations  in  the 
service.'"  We  have  already  seen  that  when  Bullock  received  this  letter 
he  was  low  iu  funds.^  He  .is  however,  able  to  send  from  Liverpool  to 
Brest  for  the  Florida  some  j  nv  machinery  and  armament,*  and  also  a 
crew.' 

The  Florida  left  Crest  in  January,  18C4,  and  entered  the  port  of 
Bermuda  in  the  following  May,  remaining,  however,  only  long  enough 
to  laud  a  sick  ofiBcer.  In  June  she  returned  to  that  port  and 
made  application  for  i>ermission  to  repair.  The  *Governor  directed  [360] 
an  examination  to  be  made  by  experts,  who  reported  :*  "  1.  She 
can  proceed  to  sea  with  such  repairs  as  can  be  made  good  here,  which, 
as  far  as  we  can  judge,  will  require  five  days  for  one  man,  viz,  a  diver 
for  two  days  and  a  fitter  for  three  days ;  or  three  complete  days  in  all. 
2.  She  can  proceed  to  sea  with  safety  in  her  present  state  under  steam, 
but  under  sail  is  unmanageable  with  her  screw  up  in  bad  weather,  and 
her  defects  aloft  (cross-trees)  render  maintop-mast  unsafe.  This  could 
be  made  good  in  two  days."  On  this  report,  the  Florida  received  per 
mission  to  remain  there  live  days ;  she  actually  remained  nine  days 
While  there  she  took  on  board  one  hundred  and  thirty-five  tons  of  coal, 
half  a  ton  of  beef,  half  a  ton  of  vegetables,  a  large  supply  of  bread, 
provisions,  and  medicines,  a  large  supply  of  clothing  and  other  stores, 
and  twenty  days  of  carpenter's  work  were  done  upon  the  vessel.'  Morris, 
the  new  commander,  then  drew  lipon  Bullock,  in  Liverpool,  in  order  to 
pay  these  bills,  and  provide  himself  with  means  for  a  cruise ;  and  on 
the  27th  of  June,  1864,  the  Florida,  being  thus  completely  fitted  out, 
left  the  port  of  Bermuda,  and  cruised  off  the  harbor,  boarding  all  vessels 
approaching  the  island.* 

•The  breach  of  neutrality  and  violation  of  the  instructions  [361| 
issued  for  the  observance  of  British  officials  involved  in  these 
transactions  were  brought  to  Earl  Eussell's  notice  by  Mr.  Adams.' 
Earl  Russell  replied  that  "  although  some  disposition  was  manifested 
by  the  commander  of  the  Florida  to  evade  the  stringency  of  Her  Majesty's 
regulations,  the  most  commendable  diligence  and  strictness  in  enforcing 
those  regulations  was  observed  on  the  part  of  the  authorities,  and  no 

•  Consul's  report  to  Mr.  Seward. 

■  Vol.  II,  page  G39 ;  Vol.  VI,  page  349. 
'  Anto,  page  — . 

•  Dudley  to  Seward,  January  21, 1864.    Eraser,  Trenholm  &  Co.  to  Barney,  Septem- 
ber 22, 1863,  Vol.  VI,  page  352. 

•Morse  to  So  ward,  January  8, 1864,  Vol.  VI,  page  353. 
•Vol.  VI,  page  357. 

T  See  the  vouchers  for  their  payments,  VoL  VI,  page  358,  tt  leq, 
•Welles  to  Seward,  Vol.  II,  page  652. 

•  Adams  to  Russell,  Vol.  II,  page  651. 


THE    F70RIDA   AND 


HER 


TENDERS. 


145 


snbstantiiil  doviution.  citl)or  from  the  lettor  or  from  the  spirit  of  those 
reqiilatioiis,  was  i)eriniltt'(l  to  or  did  take  place."' 

With  the  evidence  now  submitted  to  tln^  Tribunal,  which  are  the 
oriiriiial  vouchers  for  the  ])urchases  made'at  l»erniudn  by  tlie  Florida,  it 
is  evident  that  Earl  Hussell  inus;t  have  been  misinformed  when  lie 
stated  that  there  had  b(  en  no  deviation  from  the  re/^ulations.  The  live 
.(lays'  stay  which  was  fjranted  was  extended  to  nine.  Twenty  days' 
'(•ari)cnter-w(n'k  were  done  instead  of  five;  supplies  for  a  cruise  were 
taken  instead  of  supplies  for  immediate  use;  <'Iolhinfr,  rum,  medicines, . 
and  general  supplies  were  taken,  iis  well  as  sui)i)lies  for  the  subsistence 


[30: 


of  the  crew;   one  hundred  and  thirty-five  tons  of  coal  were 


♦taken  instead  of  twenty.    In  all  this  the  United  States  lind 

fresh  ami  cumulative  cause  of  complaint  on  account  of  this  vessel. 
Tliey  also  call  the  ])articulnr  .attention  of  the  Tribunal  to  the  fact  that 
at  that  time  there  was  no  necessity  of  luakinj^  any  repairs  to  the  Florid;.. 
Tbcexperts  employed  by  theGovernor  to  make  the  examination  reportcn!, 
^^She  can  proceed  to  sea  icifh  mfetij  in  her  present  stute  under  steam. ''^  Tlie 
repairs,  therefore,  were  only  necessary  to  enable  liev  to  use  her  sails, 
baukingher  lires,'  and  laying  to  for  the  pur]M)se  of  watching  and  destroy- 
ing-the  commerce  of  the  United  States.  Permitting  any  repairs  to  be 
made  at  that  time  was  another  violation  of  the  duties  of  'Grreat  Britain 
as  a  neutral  toward  the  United  States. 

The  Florida  left  IJermuda  on  the  27th  of  June,  18(54.  On  the  1st  of 
July  she  destroyed  the  Ilarriet  Stevens ;  the  Golconda  on  the  '^'^h  ;  the 
Margaret  Y.  Davis  on  the  0th ;  the  Electinc  Spark  on  the  10th ;  and  the 
Moiidamin  on  the  20th  of  September,  all  being  vessels  belonging  to  the 
commercial  marine  of  the  United  States.  On  the  Tth  of  October,  180 1, 
her  career  as  an  insurgent  cruiser  terminated  at  Bahia. 

During  her  cruise,  three  tenders  were  lifted  out  and  manned 
[3G3]   from  her  oflieers  and  criiw.    The  *Clareii('e  was  cai)tured  by  her 

off  the  coast  of  Brazil  on  the  0th  of  May,  1S03.  She  was  then 
fitted  out  with  guns,  ollicers,  and  men,  iUid  during  the  first  part  of  the 
month  of  June,  1803,  captured  and  destroyed  the  Tlate  Stewart,  the 
MaryAlvina,  the  Mary  Schindler,  and  the  Whistling  Wind.  On  the 
10th  of  that  month  she  captured  the  Tacony.  The  .Clarence  was  then 
destroyed,  and  the  Taco  ^y  was  converted  into  a  tender,  and,  in  the 
Siune  month,  destroyed  the  Ada,  the  Byzantian,  the  Elizabeth  Ann,  the 
Goodspeed-  the  L.  A.  Macomber,  the  Marengo,  the  Uipple,  the  liufus 
Clioate,  and  the  Umpire.-'  On  tlie  2.")tli  she  <;aptured  the  .^vcher.  The 
crew  and  armament  were  transferred  to  that  vessel,  and  the  Tacony 
burned.  On  the  27th  tlie  United  States  revenue-cutter  Caleb  Cashing 
was  destroyed  by  the  Archer. 

The  amount  of  the  injury  which  the  United  States  and  its  citizens 
sulfored  from  the  acts  of  this  vessel  and  of  its  tenders  will  be  hereafter 
stated.  The  United  States  Avitli  confidence  assert  that  they  have 
demonstrated  that  Great  Britain,  by  reason  of  the  general  principles 
iihove  stated,  and  In  consecpience  of  the  particular  acts  or  omissions 
liereinhefore  recited,  failed  to  fullill  all  of  the  duties  set  forth  in  the 

three  rules  of  the  sixth  article  of  tlie  Treaty,  or  recognized  l)y  the 
[3G1J    *principles  of  International  Law  not  inconsistent  with  such  rules, 

and  they  ask  the  Tribunal  to  certify  that  fact  as  to  the  Florida 
and  as  to  its  tenders.  Should  the  Tribunal  exercise  the  power  con- 
ferred upon  it  by  Article  VI I  of  the  Treaty  to  award  a  sum  in  gross  to 

'  Rnssi'H  to  Adams,  Vol.  II,  page  653. 

'i  Maftitt  to  Barni'v,  Vol.  VI,  pages  351,  352. 

3  Vol.  VI,  page  370, 

S.  Ex.  31 10    - 


V   • 


L:- 
f 


146 


INSURGENT   CRUISERS. 


be  paid  to  the  United  States,  tliey  ask  that  in  considering  tlio  amount 
so  to  be  awarded,  the  losses  of  individuals  in  the  destruction  of  thoir 
vessels  and  cargoes,  by  the  Florida,  or  by  its  tenders,  and  also  the 
expenses  to  which  the  United  States  were  put  in  the  pursuit  of  either 
of  those  vessels,  may  be  taken  into  account. 


THE  ALABAMA,  AND  HER  TENDER,  THE  TUSCALOOSA. 

The  Alabama,  a  vessel  which  lias  given  the  generic  n.amo  to  the  claims 
before  this  Tribunal,  is  thus  described  by  Semmea,  her  corn- 
to!  ui.dc?,\To"'Tu"-  mander:  "She  was  of  about  900  tons  burden,  230  feet  in 
length,  32  feet  in  bretidth,  20  feet  in  depth,  and  drew,  when 
provisioned  and  coaled  for  cruise,  15  feet  of  water.  She  was  barkentine- 
rigged,  with  long  lower  masts,  which  enabled  her  to  carry  large  fore  and 
aft  sails,  as  jibs  and  try-sails.  The  scantling  of  the  vessel  was  li<^ht 
compared  with  vessels  of  her  class  in  the  Federal  Navy,  but  this 
was  scarcely  a  disadvantage,  as  she  was  designed  *as  a  scourge  [;}(Jo] 
of  the  enemy's  commerce  rather  than  for  battle.  Her  engine  was 
of  300  horse-power,  and  she  had  attached  an  apparatus  for  condensing 
from  the  vapor  of  sea-water  all  the  fresh  water  that  her  crew  nii<,'ht 
require.  *  *  *  Her  armament  consisted  of  eight  guns;  six  o2- 
pounders  in  broadside,  and  two  pivot-guns  amid-ship,  one  on  the  foro- 
castle,  and  the  other  abaft  the  mainmast,  the  former  a  100-pouiuler 
rifled  Blakeley,  and  the  latter  a  smooth-bore  S-inch."* 

The  Alabama  was  built  and,  from  the  outset,  was  "  intended  for  a 
Confederate  vessel  of  war.''^  The  contract  for  her  construction  was 
"  signed  by  Captain  Bullock  on  the  one  part  and  Messrs.  Laird  on  the 
other."  The  date  of  the  signature  cannot  be  given  exactly.  The  draw- 
ings were  signed  October  0,  18G1,  and  it  is  supposed  that  the  contract 
was  signed  at  or  about  the  same  time.  "  The  ship  cost  in  United  States 
money  about  $255,000."  The  payments  were  made  by  the  agents  of  the 
insurgents.  Bullock  "  went  almost  daily  on  board  the  gun-boat,  and 
seemed  to  be  recognized  in  authority ;"  in  fact,  "  he  superintended  the 
building  of  the  Alabama."^ 

On  the  15th  of  May  she  was  launched  under  the  *name  of  the 
290.*    Her  officers  were  in  England  awaiting  her  completion,  and 
were  paid  their  salaries  "  monthly,  about  the  first  of  the  month,  at  Fra- 
ser,  Trenholju  &  Co.'s  office  in  Liverpool.'"' 

The  purpose  for  wliich  this  vessel  was  being  constructed  was  noto- 
rious in  Liverpool.  Before  she  was  launched  she  became  an  object  of 
suspicion  with  the  Consul  of  the  United  States  at  that  port,  and  she 
was  the  subject  of  constant  correspondence  on  his  part  with  his  Gov- 
ernment and  with  Mr.  Adams." 

The  failure  of  Mr.  Adams  to  secure  in  the  previous  March  the  inter- 
ference of  Her  Majesty's  Government  to  prevent  the  departure  of  the 
Florida,  appears  to  have  induced  him  to  think  that  it  would  be  neces- 
sary to  obtain  strictly  technical  proof  of  a  violation  of  the  municipal 
law  of  England  before  he  could  hope  to  secure  the  detention  of  the  then 

'  Semiucs's  Adventures  Afloat,  pages  402,  403. 

•  Journal  of  au  oflicer  of  tho  Alabama.    See  Vol.  IV,  page  181. 
'Dudley  to  Edwards,  Vol.  Ill,  page  17  ;  Vol.  VI,  page  383. 

•  Dudley  to  Seward,  Vol.  Ill,  page  1 ;  Vol.  VI.  page  371. 

•  Vol.  Ill,  page  146 ;  Vol.  VI,  page  435. 
■£ee  Vol.  ill,  jpawini. 


THE  ALABAMA  AND  HER  TENDER. 


147 


nameless  Alabama.  That  lio  had  Rood  reason  to  think  so  ia  not  open 
to  reasonable  donbt.  On  the  2',U\  of  .Mine  he  thon}>ht  he  had  such  i)n)ot'. 
He  wrote  to  Earl  KnsscjU  that  day/  rec^alliiijj:  to  his  recollection  the  fact 
that  notwithstanding  the  favorable  reports  fnnn  the  Liverpool  cnstonis 

in  regard  to  the  Florida,  there  was  the  strongest  reason  for 
[3G7]    *believing  that  she  had  gone  to  Nassau,  and  was  there  "  engaged 

in  completing  her  armament,  ]novisi<ming,  and  crew,"  for  the  pur- 
pose of  carrying  on  war  against  the  United  States.*  Ho  continued,  "  I 
am  now  under  the  painful  necessity  of  apprising  your  Lordship  that  a 
new  and  still  more  powerful  war-steamer  is  nearly  ready  for  dei)arturo 
from  the  port  of  Liverpool  on  the  same  errand."  "  The  parties  engaged 
in  the  enterprise  are  persons  well  known  at  Liverpool  to  be  agents  and 
officers  of  the  insurgents  of  the  United  States."  "  This  vessel  has  been 
built  and  launched  from  the  dock-yard  of  persons,  one  of  whom  is  now 
sitting  as  a  member  of  the  House  of  Commons,  and  is  fitting  out  for 
the  especial  and  manifest  object  of  carrying  oh  hostilities  by  sea."  Ho 
closed  by  soliciting  such  action  as  might  "  tend  either  to  stop  the  i)ro- 
jccted  expedition,  or  to  establish  the  fact  that  its  purpose  is  not  inimi- 
cj\l  to  the  people  of  the  United  States." 

Earl  Kussell  replied  that  he  had  referred  "  this  matter  to  the  proper 
department  of  Her  Majesty's  Government,"^  and  on  the  4th  of  Jidy, 

18G2,  he  inclosed  the  customs  report  on  the  subject,  in  which  it 
[3G8]   is  stated  that  "  the  officers  have  at  all  •times  free  access  to  tho 

building-yards  of  the  Messrs.  Laird,  at  Birkenhead,  where  tho 
vessel  is  lying,  and  that  there  has  been  no  attempt,  on  the  part  of  her  build- 
ers, to  disguise,  ichat  is  most  apparent,  that  she  is  intended  for  a  ship  of 
war.'"  It  was  further  said  that  "  the  description  of  her  in  tho  commu- 
nication of  the  United  States  Consul  is  most  correct,  with  the  excep 
tiou  that  her  engines  are  not  constructed  on  tho  oscillatory  principle.^ 
"With  reference  to  the  statement  of  tho  United  States  Consul  that  tho 
evidence  he  has  in  regard  to  this  vessel  being  intended  for  the  so-called 
Confederate  Government  in  the  Southern  States  is  entirely  satisfactory 
to  his  mind,"  it  was  said  that  "  the  proper  course  would  be  for  the  Con- 
sul to  submit  such  evidence  as  he  possesses  to  the  collector  at  that  port, 
who  would  thereupon  take  such  measures  as  the  Foreign  Enlistment 
Act  would  require ;"  and  the  report  closed  by  sayiiig  "  that  the  oiheers 
at  Liverpool  will  keep  a  strict  watch  on  the  vessel."*  The  point  that 
the  vessel  was  intended  for  a  vessel  of  war  being  thus  conceded,  Mr. 
Adams  thereupon,  at  once,  relying  upon  the  promise  to  keep  watch  of 
the  vessel,  instructed  the  Consul  to  comply  with  the  directions  indicated 

in  tho  report  of  the  Commissioners  and  furnish  all  tho  evidence 
[3G9]   in  his  *possession  to  the  Collector  of  Customs  at  Liverpool.^ 

Mr.  Dudley  did  so  on  the  9th  of  July,  in  a  letter  to  tho  Collec- 
tor of  Liverpool,"  and  tho  attention  of  the  Tribunal  of  Arbitration  is 
called  to  the  fact  that  every  material  allegation  in  that  letter  has  been 
more  than  borne  out  by  subsequent  proof.  The  Collector  replied  that 
he  was  "  respectfully  of  opinion  that  the  statement  made  was  not  such 
as  could  be  acted  upon  by  the  officers  of  the  revenue  unless  legally  sub- 

'  Adams  to  Russell,  Vol.  Ill,  page  5;  Vol.  VI,  page  375. 

'The  Florida  arrived  at  Nassau  April  28,  and  tho  Bahama  wfth  her  armament  a  few 
days  later.  These  facts  were  undoubtedly  known  to  Lord  Russell  and  to  Mr.  Adams 
when  this  letter  was  written. 

'Russell  to  Adams,  Vol.  Ill,  page  G;  Vol.  VI,  page  376. 

*  Vol.  Ill,  page  7 ;  Vol.  VI,  page  379. 

•Adams  to  Wilding,  Vol.  Ill,  page  8;  Vol.  VI,  page  381. 

•Dudley  to  Edwards,  Vol.  UI,  page  17 :  Vol.  VI,  page  383. 


148 


INSURGENT  CRUISERS. 


Rtantuitod  by  ovidoneo."^  And  af^niii,  ii  few  days  later,  ho  said  to  ]\Ii. 
Dudley,  "Tlu',  details  ^iven  by  you  in  lejiiird  to  the  said  vessel  are  iioi 
snllieieiit,  in  ai  legal  ])oiut  of  view,  to  justify  nu^iu  taking  ujmu  niysi-li' 
the  responsibility  of  llie  detention  of  this  sliip."'^ 

Thus  early  in  the  history  of  this  cruiser  the  i)oint  was  taken  by  tlic 
British  authorities — a  point  maintained  throughout  the  struggle — that 
tliey  would  originate  nothin*;'  themselves  for  tlie  maintenance  and  per. 
fornumcc  of  their  international  duties,  and  that  they  would  listcMi  to  no 
representations  from  the  ollieials  of  the  United  States  which  did  not 
furnish  technical  evidence  for  a  erinvnul  prosecution  uuder  the  Forei;{i] 
Enlistment  Act. 

*Tlie  energetic  Consul  of  the  United  States  at  Liverpool  was  [;>T()J 
not  disheartened,  lie  caused  a  co]»y  of  his  letter  to  be  laid  be- 
fore li.  r.  Collier,  Esq.,  one  of  the  most  eminent  barristers  of  England, 
Avho,  a  few  months  later,  became  Solicitor  General  of  the  Crown,  uutUi 
Lord  I'abnerston's  administration,  and  who  is  now  understood  to  be  the 
princi))al  law  adviser  of  the  Crown. 

Mr.  Collier  advised  that  "  the  principal  officer  of  the  customs  at  Liv 
erpool  *  *  be  ai>plied  to  to  seize  the  vessel,  with  a  view  to  liin 
condemnation,"  and,  "at  the  same  time,  to  lay  a  statement  of  the  fact 
before  the  Secretary  of  State  for  Foreign  Affairs,  coupled  with  the  re 
quest  that  Her  Majesty's  Government  would  direct  the  vessel  to  be 
seized,  or  ratify  the  seizure  if  it  has  been  nnule."-' 

It  was  useless  to  attempt  to  induce  the  collector  to  seize  the  vessel. 
Mr.  Dudley  thereuiiou  set  about  to  get  tlui  direct  proof  required  by  the 
authorities  as  to  the  character  of  the  Alabanui  or  290.  "There  wore 
men  enough,"  he  said,  "  who  knew  about  her,  and  who  understood  hei 
<;hara(!ter,  but  they  were  not  willing  to  testify,  and,  in  a  prelimiuarv 
proceediug  like  this,  it  was  im])ossible  to  obtain  process  to  compel 
them.  Indeed,  no  one  in  a  hostile  comnumity  like  Liverpool, 
'*  where  the  feeling  and  sentiment  are  against  us,  would  be  a  will-  [371] 
ing  witness,  especially  if  he  resided  there,  and  was  any  way  de- 
pendent upon  the  people  of  that  place  for  a  li  vel  ihood."*  At  last  Mr.  Dud 
ley  succeeded  in  liuding  the  desired  proof.  On  the  21st  day  of  July,  he 
laid  it  in  the  form  of  affidavits  before  the  Collector  at  Liverpool  in  compli- 
ance with  the  intimations  which  Mr.  Adams  had  received  from  Earl  Kus 
sell.''  These  alhdavits  were  on  the  same  day  transmitted  by  the  Collcctoi 
to  the  Board  of  Customs  at  London,  with  a  re<iuest  for  instructions  by 
telegraph,  as  the  ship  appeared  to  be  ready  for  sea  and  might  leave  any 
hour.*^  Mr.  Dudley  then  went  to  Loudon,  ar.d  oil  the  23d  of  July  laid 
the  affidavits  before  Mr.  Collier  for  his  oj)inion."  Copies  of  the  affida- 
vits will  be  found  in  Vol.  Ill,  page  21  to  28,  and  Vol.  VI,  page  391, 
et  seq. 

It  is  not  necessary  to  dwell  upon  the  character  of  this  proof,  since  it 
was  conclusively  soon  passed  upon  by  both  Mr.  Collier  and  by  IIci 
]\lajesty's  Government.  It  is  sufficient  to  say  that  it  showed  siliiriua- 
tively  that  the  2i)0  was  a  "  fighting  vessel ;  "  that  she  was  "  'A-niig  out 
to  the  Governmejit  of  the  Confederate  States  of  America  to 
•cruise  and  commit  hostilities  against  the  Government  and  people    [372J 

» Edw.nrds  to  Dudley,  Vol.  Ill,  page  19;  Vol.  VI,  page  385. 

2Vol.  VI,  page389. 

3  Vol.  Ill,  page  16;  Vol.  VI,  page  388. 

*  Dudley  to  Seward,  Vol.  Ill,  page  13. 

«  Dudley  to  Seward,  Vol.  Ill,  page  13 ;  Vol.  VI,  page  390, 

6  Collector  to  Commissiouers,  Vol.  Ill,  page  20;  Vol.  VI,  page  395. 

» Vol.  Ill,  page  29 ;  Vol.  VI,  page  398. 


THE   ALABAMA   AND    ITER    TENDER. 


149 


of  tlio  nnitcd  Stiitoa  of  Amoricii ; *'  "(lint  tho  enlisted  men  were  to 
jitiii  tlie  sliip  in  Messrs.  Liiinl  «Jy:  Co.'s  yard;"  that  they  were  enlistin;;" 
incii  "  wlio  had  pri^viously  serv«'d  on  lijiiitin.uf-ships;"  that  tiie  enlist- 
niciits  had  then  been  ^ioinj;*  ou  ior  ov^r  a  nidnth,  and  that  there  was 
need  of  immediate  action  l»y  the  IJritish  (lovernnient,  if  action  was  to 
be  ol'  any  service  in  protectin,*;'  its  nentralily  a.i;ainst  violation. 

Mr.  Collier  said  immediately,  ''It  ai>pears  dillicnlt  to  make^ont  ii 
stioiiucr  ease  of  inl'rinju'ement  of  tlu^  l'"'orei.nn  ICidistment  Act,  which,  if 
not  ('iifor(!ed  on  this  occasion,  is  little  better  than  a  dead  letter.  It  well 
(Icscrvos  (H)nsideration  whether,  if  the  vessel  be  alh>w«'d  to  escajie,  the 
IVdcral  (Jovernment  would  not  have  serious  j^ronndsof  remonstrance."' 

The  lilH)  was  at  this  tinu;  nearly  ready  for  sea,  and  time  was  important. 
Mr.  Dudley,  thronj^h  his  c(uinsel,  in  order  that  no  time  nii.nht  be  lost, 
oil  the  same  day  laid  Mr.  CoLier's  w\v  opinion  before  the  Under  ISecre- 
tiuy  of  State  for  Forei,i;'n  Alfairs  an«l. before  the  Secretary  of  the  Hoiird 
of  Customs.  The  Umler  Secretary  "  was  not  disposed  to  discuss  the 
matter,  niU'  did  he  read  ^Ir.  Collier's  opinion.'"^^  Tin'  Setiretary 
j,)!;!]  of  the  iJoardof  *Cnstoms  said  that  the  Hoard  could  uut  act  with- 
out onlers  from  the  Treasury  Lords.^  The  last  of  these  answers 
\v;is  not  connnunicattHl  until  the  liiStli  of  July. 

Tlie  additional  ])roof  and  the  new  opinion  of  Mr.  Collier  were  also 
(illicially  comnuniieated  to  Her  Majesty's  Government  throuj;li  the  reg- 
ular di|>lomatic  channels.  On  the  L'L'd  of  July  co[>ies  of  the  depositions 
of  Dudley,  ^Nlaguire,  J)aCosta,Wildin<>',  and  Dassmore  were  sent  to  Lord 
liusst'll  by  Mr.  Adams  ;'  and  on  the  2-ith  of  July  co[)ies  of  the  <leposi- 
tionsof  llolx'rts  an<l  Taylor  were  in  like  manner  sent  to  Lord  Itussell. 
These  were  aeknowledj;tMl  by  Lord  IJnssell  on  the  2Sth. 

Oil  that  day  "  these  papers  were  considered  by  the  LawOllicers  of  tho 
Clown;  on  the  same  eveninjn'  their  report  was  a.i,'i'eed  upon,  and  it  was 
in  Lord  Kussell's  hands  early  on  the  UtUli.  Orders  were  then  immedi- 
ately sent  to  Liverpool  to  stop  the  vessel."  •'' 

Thus  it  api)ears  that  this  inteHisenee,  which  Great  l>ritain  re.uarded 
as  suflicient  to  require  the  detention  of  tl'e  L".)(>,  was  comnmnicated  to 
Her  Majesty's  (Jovernment  in  three  ways:  first,  on  the  lilst  of  July, 
[.'i74]  throu««h  the  channel  at  Liverpool,  *wliich  had  been  indicated  l)y 
Earl  Kussell ;  second,  on  the  2lid  by  the  solicitor  of  J\Ir.  Dudley 
in  person  to  the  Customs  and  to  the  Under  ScH-retary  of  State  for  l'\>r- 
ci.iiu  Alfairs  at  the  Foreijxn  Ollice;  ami  thirdly,  on  the  L'.'Jd  and  on  the 
'lUh  by  Mr.  Adams  olUcially.  It  also  ai)pears  that  the  information 
(.ommunicated  on  the  21st  was  transmitted  to  London  l)y  the  Colhn'tor, 
with  the  statement  that  the  vessel  mi<;ht  sail  at  any  hour,  and  that  it 
was  important  to  give  the  instruetions  for  detention  by  telegraph ; 
and  it  still  further  ai)peiirs  that  notwithstanding  this  ollicial  information 
from  the  Collector,  the  papers  were  not  considered  by  the  law  advisers 
until  tUe  28th,  and  that  tho  case  aj)peared  to  them  to  be  so  clear  that 
they  gave  their  advice  upon  it  that  evening.  Under  these  circumstances, 
the  delay  of  eight  days  after  the  21st  in  the  order  for  the  detention  of 
tlie  vessel  was,  in  tho  opinion  of  the  United  States,  gross  negligence  on 
the  part  of  Her  Majesty's  Government.  On  tho  29th  the  Secretary  of 
the  Commission  of  the  Customs  received  a  telegram  from  Liverpool 


'  Vol.  Ill,  page  29  ;  Vol.  IV,  piifio  398. 
'Squaiy  to  Adams,  Vol.  Ill,  i)aj;o  29  ;  Vol.  VI.  page  397. 
n'ol.  Ill,  page  31 ;  Vol.  VI,  page  400. 
^Vol.  Ill,  pago  21 ;  Vol.  VI,  page  397. 

'A  speech  delivered  in  the  House  of  Commons  on  Friday,  August  4,  1871,  by  Sir 
Eouiulcll  Palmer,  M.  P.  for  ELclmiond,  pago  16. 


150 


INSURGENT   CRUISERS. 


i  : 


sayiiif?  that  "  tlio  vessel  200  caiiio  out  of  iloclf  last  nif^lit,  and  loft  Hk. 
port  this  inoniin^jr."'  ]\li'.  Adams  was  justly  iiidijLfiiaiit  at  the  failiuc  of 
tlic  customs  authorities  to  redeem  their  voluntary  juomisc^  to  Mjitcli 
the  Aessel.* 

*()n  the  ;nst  of  July  INFr.  Adams  had  a  "conference  with  Lord  \:r,'t] 
liussell  at  the  Forei};!!  Oilice,"  at  which  "his  L(»rdship  first  took 
\\\}  the  case  of  the  liO(^,  and  remarke<l  that  a  delay  in  (letermininj,'  upon 
it  had  most  unexpeittedly  been  caused  by  the  siulden  develolmient  of  a 
maljMiy  of  the  (Queen's  Advocate,  Sir  John  D.  Hardint;,  totally  inciipaci. 
tatin<;  him  for  th(^  transa«'tion  of  business.  This  had  made  it  necessiirv 
to  call  in  other  parties,  whose  opinion  bad  been  at  last  fjiven  lor  tlio 
retentio"  of  the  j;un-boat,  but  before  the  order  ,t;()t  down  to  Liverpool 
the  v(>ssel  was  {ione.  ]/<'  shniiltl,  hoiccirr,  noid  direct hms  to  have  hr 
tifoppcd  if  she  went,  as  was  i)robable,  to  Nassau."-'  The  jud/irment  of 
IJer  j\Iajesty's  Government  u]>on  the  character  of  the  Alabama  iiiid 
uiion  the  <luty  of  (Jrcat  JJritain  toward  her  was,  therefore,  identical 
with  that  of  ]\lr.  Collier. 

Tlu!  de])arture!  of  the  200  from  Birkenhead  was  i)robably,  it  may  be 
said  certainly,  hastened  by  the  illicit  receipt  of  the  intelligence  of  the 
decision  of  the  Government  to  detain  her.* 

After  leaving'  the  dock  she  "  proceeded  slowly  ♦down  the  Mer-    [TS] 
sey."    Both  the  Lairds  were  on  board,  and  also  Bullock.    <  )n  the 
way  down  the  river  Laird  settled  with  the  paymaster  for  some  purchases 
for  the  vessel,  and  paid  into  his  handsa  siaall  sum  of  money .^ 

At  the  bell-buoy  the  Lairds  and  the  ladies  left  by  a  tug:,  and  returned 
to  Liverpool.  The  200  slowly  steamed  on  to  Moelfra  Bay,  on  the  coast 
of  Anglesey,  where  she  remained  "  all  that  night,  all  the  next  day,  and 
the  next  night."    No  etlbrt  was  made  to  seize  her. 

]>tning  this  time  the  tug  Ilerculcs,  which  had  returned  from  the  hell- 
buoy  with  the  Lairds  and  the  ladies,  took  on  board  at  Liverpool  a  num- 
ber of  new  hands  for  the  290.  One  account  says  there  were  as  many 
as  forty."  The  master  of  the  Hercules  admits  that  there  might  have 
been  thirty."  This  was  done  publicly — so  publicly  that  the  United 
States  Consul  knew  of  it,  and  notified  the  Collector.  The  Collector  had 
his  orders  to  seize  the  2!)0,  and  had  only  to  follow  the  Ilei-cules  to  ^et 
the  inibrmation  which  would  enable  him  to  obey  those  orders.  Uc  did 
cause  the  llercuhs  to  be  examined.  The  Surveyor  v>ho  did  that 
w  ork  *reported  to  him  that  there  were  a  number  of  persons  on  [;)771 
board,  who  admitted  "  that  they  w^ere  a  i)ortion  of  the  crew,  and 
were  going  to  join  the  gun-boat,"^  and  yet  he  neither  stopped  the  Ilei- 
cules,  nor  followed  it.  In  an  emergency  when,  if  ever,  the  telegraph 
ought  to  have  been  employed,  he  wrote  a  letter  by  mail  to  the  Coimnis- 
sioners  of  Customs  at  London,"  which  could  not  be  received  until  the 
following  day.  When  this  letter  was  received  the  Commissioners  took 
no  notice  of  the  admitted  recruitment  of  men,  but  ordered  inquiries  to 

1  Vol.  Ill,  paffo  3C). 

s  Adams  to  Kiissoll,  Vol.  Ill,  page  536. 

3  Vol.  Ill,  pages  35.36;  Vol.  VI,  pago  414. 

*Seinuies  says  in  his  Adveuturtis,  "Fortunately  for  the  Confederate  vessel,  tidings  of 
tlie  projected  seizure  were  conveyed  to  Birkenhead."  "  Our  unceremonious  departure 
was  owing  to  the  fact  of  news  being  received  to  the  effect  that  the  custoius  authorities 
had  orders  to  hoard  and  detain  us  that  morning."    Vol.  IV,  page  181. 

6  Vol.  Ill,  page  147  :  Vol.  VI,  page  437. 

6Vol.  VI,  page403. 

'Vol.  VI,  page  411. 

8Vol.  VI,  page409. 

»Vol.  VI,pago410. 


435  and  47'2. 


THE  ALABAMA  AND  HKR  TENDER. 


151 


ho  iiiiulo  na  to  powdor  niul  fjniis.'  llcforc  t'lu'sr  iiuiiiirios  could  ho  coin- 
iiu'iiccd,  IIk'  olVt'inIn'  was  at  sea.*  I  iuUt  the  »'iicum.staiM'«'s  tliis  licsita- 
tioii  iiiiil  <U'la,v,  and  tlici  poniiittin^  tlic  Alaltaiua  to  \iv.  uiiinolcstfd  in 
llritisli  watns  lor  oviT  two  days,  is  litth;  short  of  criininal  in  tlic  tilll- 
ciiilH  who  wore  or  shoidd  have  been  <!o;^nizant  of  it. 

Whi'U  tiie  Ahd»ania  K'ft  jNIoclfra  Hay  hcrt'row  nundu'rcd  about  nindy 

men.'    i^h«'  ran  jiart  way  down  the  Irish  Channel,  tluMi  loimd  the  north 

coast  of  Jrchmd,  only  Hto])i>inj;  near  the  Giant's  Causeway.     SIic 

[;}7,S]    tliiMi  nnulc  for  Trrecira,  ono  of  *the  Azores,  whieh  she  leai^hcil 

on  the  KMli  of  Anjjjnst.' 

On  tin'  l<Sth  of  Anjjfnst,  while  sh"  was  at  Terceira,  a  sail  was  observed 
inakinj,'  for  the  anehoraj>e.  It  proved  to  be  the  "A;;ripi>ina  of  London, 
Cui»fiiin  McQueen,  havinj,' on  board  six  .uuns,  with  auiaiunitioii,  t-oals, 
stores,  »S:c.,  tor  the  Alabama."  J*rej)araHons  were  immediately  ma<U'  to 
transfer  this  important  <'arj;o.  On  the  alternoon  of  the  L'Oth,  while  em- 
jiloyi'd  disehar}jin}X  the  bark,  the  serew-steumer  Ilahama,  Captain  Tes- 
si(T,  (the  sjMne  that  had  taken  the  arnuiment  to  the  Florida,  wlio-e  in- 
fciin};ent  ownership  and  character  were  well  known  in  Liver[)ool.)  anived, 
"liiKinj;'  on  boanl  Commander  Kaphael  Senunes  and  ollieers  of  the  Con- 
federate  States  steamer  yu!uter."'  There  were  also  taken  from  this 
steamer  two  32-j)ounders  and  some  stores,"  which  occni)ied  all  the  re- 
mainder of  that  day  and  a  part  of  the  next. 

The  li-'d  and  23d  of  Aujjust  were  taken  up  in  transferriufj  coal  from 

the  Agripi)ina  to  the  Alabama.    It  was  not  until  Sunday  (the 

[370]   24th)  that  the  insurgents'  tiay;  was  hoisted.    IJullock  and  *those 

who  were  not  goinj;  in  the  2JK)  went  back  to  the  Lahama,  and  the 

Alabama,  now  first  known  under  that  name,  went  oil'  with  "  twenty-six 

oliicers  and  eighty-live  men." 

If  it  be  necessary  for  the  Tribunal  to  ascertain  and  determine  what 
Mas  the  condition  or  the  Alabanui  when  she  left  Liverpool  on  the  2l)th 
ot  July,  1802,  the  allidavits  of  various  witnesses,  printed  in  the  accom- 
panying Volume,  (III.)  will  enable  them  to  do  so  with  accuracy.'  If  any 
t.otails  are  wanting,  they  can  easily  be  supidied  from  the  account  which 
Lor  connnauder  has  given  of  his  Adventines  Atioat." 

It  is  clear  from  all  these  statements  that  when  she  left  Liverjwol  she 
was  oven  more  completely  lifted  out  as  a  nmn-of-war  than  the  I-'huida, 
at  tlio  time  of  her  (leparture.  The  Tribunal  will  recall  what  Cai)tain 
Ilickloy,  a  competent  expert,  said  of  that  vessel:  'SS'/ic  was  in  till  ix- 
spccts  fitted  out  as  a  vessel  of  tear  of  her  class  in  Iler  Majesty's  Navy." 
"As  she    now   stands   she   could,  in  my    professional   opinion,    be 

•  Vol.  IV,  pase  410. 

-Vol.  IV,  pa,i,'o41^. 

■'Vol.  Ill,  page  4(5.  Two  crow-lists  arc  in  the  accompanying  volumes.  One  will  1)0 
fomid  iu  Vol.  Ill,  page  150;  the  other,  in  Vol.  Ill,  page  '^i:}. 

n'ol.  IV,  page  Iri-^. 

'  Jonnuil  of  an  Officer  of  the  Alabama.     See  Vol.  IV,  page  182. 

''The  IJahama  cleared  from  Liverpool  on  the  I'Jth  of  August.  Fawcett,  Preston  & 
Co.  shipped  on  board  of  her  "  nineteen  cas(>s  containing  guns,  gun-earriages,  shot,  rani- 
iiiiTs,  &C.,  weij^hing  in  all  158  cwt.  1  <ir.  27  lbs.  There  was  no  other  cargo  on  board, 
except  live  hundred  and  lifty-two  tons  of  coal  for  the  use  of  the  ship."  Vol.  Ill,  page 
54;  see  also  Vol.  Ill,  page  141,  for  fuither  details. 

'See  particularly  Vounge's  deposition.  Vol.  Ill,  page  145;  Passmen's  de])osition. 
Vol.  Ill,  page  25;  and  Latham's  dei)ositiou,  Vol.  Ill,  page  211.  See  also  Vol.  VJ,  jiages 
43.")  and  472. 

"^I  liad  arrived  on  Wednesday,  [at  Terceira,]  and  on  Satuiday  night  we  had,  by 
(lint  of  great  labor  aud  perseverance,  drawn  order  out  of  chaos.  #  *  #  'l^\^^) 
ship  having  been  properly  prepared,  wo  steamed  out  on  this  bright  Sunday  morniiig ; 
the  llag  of  the  Confederate  States  was  unfurled  for  the  first  time  from  the  peak  of  the 
Akbaiua. — Semmcs'a  Adventures  Afloat,  pages  408,  409. 


162 


INSURGENT    CRUISERS. 


equipped  in  twenty-lour  houvH  for  *l)i»tt]e."    This  is  not  too  strong 
huijiuaf^e  to  be  used  eoncerninj;'  the  Ahibani;!.     81n5  M'as,  in  lju;t, 
('(juipped  for  battle  in  little  more  than  twenty-lour  hours  alter  the  lia- 
luinni  joineil  her. 

It  is  not  necessary,  how«'ver,  to  eonsiuv-r  this  (piestion  :  lor  hc.v  f!iiilty 
status  at  that  tiin(>  is  conclusively  cstaMished  a;4aiiist  (Ireat  Ilritain, 

1st.  l>y  the  opinion  of  Mr.  (Jollier,  wiio,  sodii  alter  .uiviiiji'  it,  becaiiica 
nienib(>r  of  Her  Majesty's  (Jovernnient,  nndei-  th(^  lead  of  l.ord  faliiur- 
ton,  and  with  iv,\v\  Russell  as  ji  colleaji'ue.  Tiiey  niiisi.  therefore.  Imi 
lield  to  have  adopted  his  views  «)n  one  of  the  most  important  «;ne-;tii)i)s. 
half  le^ai  and  half  itolitical,  that  eauie  before  L(/rd  I'almerston'.s  (lov- 
ernment  for  determination. 

I'd.  llei  oMaJe.sty's  (iovernment,  by  ordeiiii^'  the  detent  ion  of  The  L'liO, 
{ubnitled  her  illepd  chara-cter.  ]Carl  lius.sclj  hiinsell'  hints  that  it  is  •^ 
impossible  that  '-the  ollicer.s  of  the  cusloms  were  misled  oi-  blinded  In 
the  f^enerul  partiality  to  lue  cau.st;  ot  tin'  South  known  to  i)rcvail  ;ii 
Liver])ool,  and  that  a  prima  Jacic  case  of  ne^li<,'ence  could  Itr  made  (uii.' 

.■>d.  I''arl  Ilussell  stated  to  Air.  Ad-   ns  in  an  ofliciai  note  that  "it  is 
inidoul'tedly  true  that  the    Mabamawas  partly  fitted  dut  in  a 
Ibitish  [)ort."-     *T!iis  is  all  tiiat  is  tx'eessary  to  be  said  in  order    [oSl] 
to  brin.i;-  it  wiihia   the  operation  of  the  rules  of  the  Treaty  of 
Washiiifiton. 

Thus  i'onstrucfed,  e(j!iipped,  lifted  out,  and  maniM'd  as  a  ship  of  Wiir 
in  Liverpool,  and  armed  under  tlie  ori;;inal  (•oiitra<  t  made  at  th(«  siaiif 
])lace  with  ai'uis  and  ninnit  iuns  tiiere  cotleetrd  by  the  eontractctrs  o:  ihc 
vessel,  but  .sent  oul  from  (licul  IJrilain  I>y  a  separati^  vessel  in  order  to 
eohiplywith  ilu^  ollicial  (;o:is!incl  ion  of  Ibitisli  niiinieipa!  lavy,  t!ie  .\h\- 
bama  comnieneed  a  career  of  destruel  ion  whicli  proved  hi:.iiily  <li.-'aslioiis 
to  (he  coaMueree  of  the  United  States. 

iShcMvas  Ibund  t(»  be  a  "tine  sailei'  under  canvas.s,""a  juality  of  in- 
•'stimable  advantajiv,'' as  it  enabled  Captain  Semiaes  '-to  dn  most  of  his 
work  luider  sail."-'  ^' She  carri(<»  but  an  eighteen  day.s'  supply  of  I'ael." 
which  induced  her  commander  "  to  -dopt  the  ])lan  of  vvorliiup,'  andcr 
sail  in  the  very  be;iinnin;i',"'  and  "to  praetice  it  unto  (he  end."  •>  Witli 
the  (exception  of  a  half  a  do.'^'n  pr(;;es,  all  caplures  were  made  with  tlio 
Hcrew  hoisted  and  ship  under  sail."' 

I'he  Uniicd  States  will  conlin<^  their  comments  to  \]\o  ojllcial  trriit- 
i!jei)t  which  this  ve.ssel  i'e«*eiv('d  within  JiriiisI;  jnrisdit  tioii.     Ib'r 
liiMtory  for  a  *Marji>e  part  of  her  <'areer  may  b<'  lound  in  \'o1.  IV,    1.381'] 
between  paj>'es  181  and  lMU.    It  has  also  been  nnule  the  subj^'ctof 
an  elaborate  volume,  troni  which  souu'  short  extracts  have  been  (luotctl 
above. 

From  Terceira.  shecros.sed  to  the  West  Indies,  takin/j;  at  j\rartii!i<|ii(' 
coal  aj.',ain  from  tlu!  bark  A};rippina,  whieii  had  been  sent  from  I';hj.i;UMi 
for  the  purpose;''  and  she  passed  up  thence  into  the  Clulf  of  Mexico, 
markiu:.;'  her  (U)urs(^  by  the  <lestiuetiou  of  vrssels  of  the  merchant  marine 
of  the  I'nited  States,  and  of  their  war  st«'amer  Had  as.  On  tiie  istli 
of  rianuary,  ISdU,  she  arrived  at  Jannuca.  Three  Ibilish  nieri  of-war  were 
iu  the  harbor,  but  the  prondsed  order.sof  I'^arl  Iv'iis.scU  to  detain  her  lor  a 
violation  of  Ikilish  sovereii-'nly  were  not  there,     in  lieu  of  that,  '*  Uic 


'  S|)(>ccli('.s  .'iiul  (li,i)iat(lii'M  of  l^iiil  IJiiHst'II,  Vol.  II,  i>(ij;L-b  'i'>0,  'MK 
-Karl  l{ii!-Ncll  1.1  -Ml.  A.liiuis,  Vol.  III.  pii;4<«  lii)U. 
■' SriiinuH's  Advi'iitiiics  Ailoat,  ]yAH'-  (('->. 
<S<'iiiiiii:''s  Ailvi'iiliuc.'i  Alloal.  |>ai;i«  4'20. 

'Same,  imp' .")  14.    Tlii)  Agniipiiiu  is  tint  Hnine  vt'iiB«l  that  took  coal  .'indBupiiiios  to 
•  licr  ivl  'i'i.'rocini. 


THE  ALABAMA 


KER  TENDER. 


153 


most  o«r(li ill  rolations  were  at  oiu'o  ojitiib'.isiM'd  bctwoon  tho  ofiicors  of 
all  tIn'-^«'  ships  iind  of +1k-  Alabama,'"  and  flio  (}()vo>".'.:»r  of  tlio  island 
nrouiptly  {granted  >So!nim'.s's  reqiu'st  to  ho  pcrniith'd  to  repair  liis  ship.'^ 

(ill  the  LMtli  of  .laiuiary,  luiviii;;^'  Ixhmi  rt'fittcd  and  i'mnishcjl  with 
,;.S.'I]    siipplios,  she  left  Jamaica,  *"  bt.;::;'.!  tn  the  coist  of  JJrazil,  antl 

thence  to  the  Cape  of  (loo«l  IIojn'.*'.' 
On  the  .'loth  of  the  i>revions  November,  ath'r  Captain  Semmes's  mo(UM)f 
iiinyin^!' on  war  ••,^ius  known  in  Kn^^hunl,  ."Mr,  Aduns  nuiie  to  Lor«l  Kns- 
M'll  the  first  of  a  lonj,'  series  of  rei)resenfations  ctuicerninH;  this  vessel. 
This  coiiiinnnieation  contains  a  sninmary  of  all  that  tlie  United  Stat<'s 
ilirm  it  necessary  to  say  about  the  Alabama  in  tliis  place.     "  It  now 


iilipeai 


Mr.  Adams  savs,  ''from  a  siuvev  ol'  all  the  evidence,  l''irst. 


Tliiit  this  vessel  was  bnilt  in  a  dock-yard  belonjiinj^'  to  a  commeicial 
hdiise  ill  I/iverpool,  of  wliich  the  chief  member,  down  to  October  of  last 
\(';ir,isa  member  of  the  Ibnise  of  Commons,  yecondly  That  from'tlui 
iiiiiiiiier  other  constriictionv  and  lu-r  jiecnliar  a<hi|>tatioii  to  v,  ar  ])ni!>o.se, 
ilii'ic  could  have,  been  no  Ihnibt  i>y  those  enfia};cd  in  the  wt)i k,  and 
liiiiiiliiir  with  Huch  details,  that  she  was  intended  for  other  jMirposes 
!li;iii  tlios(>  of  legitimate  trade;  and,  Tiiirdiy.  That  <lurin,!;'  the  whole 
)ini('ess  ami  ontfrt,  in  the  ])()rt  of  Liv(M[)ool,  tlie  direction  of  the  ih'tails, 
iiiid  t!u^  en.uaj?ement  of  }»ersons  to  be  employed  in  her,  were  more  or  less 
ill  hands  known  to  be  connected  w  Ith  the  insnrucnts  in  the  United 
.States.  It  fnrtlu'r  appears  that  since  her  ilei>artun'  from  I.iver- 
:lSt]  iiool,  which  she  was  sntfert-d  to  lca\'e  *withont  any  <»f  tiie  cus- 
tomary eviih'iice  at  the  eust()m-hon>;e  to  desiii'iiate  her  ownership, 
,<li(' has  been  su]r,»Iied  wiili  her  aiimnnenl,  with  coals,  and  stores,  ami 
men,  hy  vessels  known  to  be  litted  out  and  disi>at<!iied  for  the  ])urpose 
Iniiii  tlie  same  port,  I'.nd  that  allhonuh  commanded  by  Americans  in 
licr  iiii\i;;ation  of  th*'  ocean,  she  is  manned  almost  entirely  by  lOn.yiish 
seamen,  i'nfia.^ed  and  tbrwarded  from  that  port  by  persons  in  lea,uu<'  with 
licrcoiiiniander.  Finthennoic  it  is  shown  that  this  <!oinmander.  claim- 
ing to  be  an  otlicer  acliny-  under  h'^itimaie  authority,  yet  is  in  the  «'on- 
^Iallt  i)racti«'(^«of  raisin*;-  (he  lhii>' of  (ln'at  liritain,  in  order  the  better 
lo  execute  liis  system  of  lavaj^e  and^  depredation  on  the  hi;;h  seas. 
Ami  lastly,  it  is  im  tie  clear  that  he  i)ays  no  re.uard  ^\hatever  to  the 
lecM^'i'.'/.ed  law  of  (;apture  of  merchant-vessels  on  tin*  hij;h  seas,  wh.ic'i 
ivi|iiires  (he  action  «)f  some  Judicial  nibnnal  to  conlirin  tiie  rightfulness 
nltlie  proceed  in  ]ns,  but,  on  \lie  contrary,  that  he  resorts  to  the  piratical 
toiii  of  (akin.u',  pliimleiin«f,  and  burnin;;-  j>rivate  property,  without 
lU'd  to  conseciui'iices,  or  responsibility  to  any  legitimate  authority 
whatever.''^ 

The  courso  of  conduct  so  lorcibly  sketched   by  Mr.  A<lnms  was  con- 
tiiiik'd  by  the  otlicers  of  the  Alabama   until   that  vessel  was  suidc  by 

the  lvearsarj>e  o!\'('herbourji. 

[is.')]       *The  Alabama  went  from  the  West  Indies  to  Ihdiia,  where  she 

•met  the  (leorgia.     She  then  crossed  to  the  Ca])e  of  l!ood  Hope, 

iiml  entered  Table  iJay,  as  has  alre.idy  b«'en  seen."     It  is  not  necessary 

til  .siiy  a^jfain  what  took  place  as  to  the  Tuscaloosa;   to  sju-ak  of  tbt3 


-ys 

IViT 


!  Si'iiirnesrt  AtlvtMituros  All();it,  )iay;e  'u^i, 

■  lliid.  '■  ]'>\  (lie  act  ot'eonHfiitipii;  to  rci'i'ive  tlic  A1:i1)!iiii:i  in  Kiiij^ston.  ninl  p('niiit(iii;i; 

'''■.III  veil  I   1111(1  siij»]ily  liorsoir  at   (iiat,  we  liml  eoiiHi»ler<Hl  tic  JJritisli  (iuveriuiiriit  as 

;  K.iviii;;  Mivcii  ]i(>f  a  jioMitivi'  recii^iiitiim,  anil  Imviiij^  assntnefl  tlie  icspunxittilit.v  for  tho 

j <'ims('(|in!!C(>H  1)1'  fliiit  MuiK'tioii." — Mr.  .UJumn^ti  Htulaniiit  tu  Lord  liiinmll,  iUi<irilu(l  in  a 


[%«/,/(  /,;  ,]L,  !<t-imr(l,  \'o\.  Ill,  iia;,'e  247. 

I    'Si'iiinirs's  Adventurer  Alliii 


'Vol,  lll,p!ijr.»7n,  71. 
'Auto,  j>aj,'e  110. 


(tut,  i>ajjo  't(]'X 


154 


INSURGENT  CRUISERS. 


evident  character  of  the  vessel  with  tlie  captured  car^o  «)n  lioavd ;  of 
the  honest  indi^rnation  of  Kear-^Vdniiral  ^Sir  Baldwin  AValker  ;it  tin 
llinisy  attempt  to  convert  the  j)nze  into  a  cruiser;  of  the  i»:irtialit.v  (»i 
tlie  Governor  and  the  Attorney  (ieneral;  of  the  decision  of  IJcr  Mnj. 
estv's  (lovcrnment  that  she  must  be  regarded  as  a  ])rize  an<l  Udt  asa 
cruiser:   of  the  reluctant  enforceincnt  of  the  decision  of  tin;  (iovciii- 
mcnt  by  the  Colonial  Authorities;  or  of  the  reversal  of  that  (Iccision 
by  Her  Majesty's  ('Kntrnmcnt,  when  they  found  that  it  ha<l  been  en- 
forced.    These  facts  have  all  been  sullieiently  set  forth.     It  only  reinaiiis 
to  add,  that,  when  Her  Majesty's  (lovcrnment  had  determined  to  scml 
tin'  instructions  to  disre^^ard  in  similar  cases  su(;h  attempts  to  cliiuip' 
the  character  of  a  prize,  loarl  iiussell  informed  Mr.  Ailams  of  IJu'  tan. 
and  added,  ''Her  Majesty's  Government  lioi)e  that  under  these  ♦iisf.ijc 
tions  nothing  will  for  the  futnie  liapi)en  to  admit  of  a  (pieslion  hciim 
raised  as  to  Her  Majesty's  orthns  having;  been  stri(;lly  canied 
out.'''    Ead  Kussell  eonld  *not  have  anticjpated  that  the  Jirst    [38Gj 
and  only  attempt  of  the  authorities  at  Cape  Town  to  carry  out 
those  instructio  IS  would  be  ilisavowed  by  Her  JNIaJesty's  (Jovermiioijt. 
and  that  restoration  wonld  be  ordered  to  the  insuri^ents  of  the  onk 
vessel  ever  seized  iuider  them. 

From  Cape  Town  the  Alabama  pushed  into  the  Indian  Ocean,  ami. 
"within  a  day  or  two  of  six  months,''-  returned  aji'ain  to  Cape  Town  dn 
the  liOth  of  ^Marcli,  l.S(»4.  Darinj^  her  al)sence  she  had  coaled  at  Sin:- 
ai)ore,  with  the  consent  of  tin'  autho)ities,  at  the  wharf  of  the  I'eiiin 
snlar  an<l  Oriental  Steamship  Cum[)any.  ' 

On  the  L'lst  of  March  tiie  Alaliama  be^an  taking  oti  board  fresh  sii|i 
plies  of  coal  in  Cape  Town.'  The  last  coal  from  a  IJritisli  port  (and.  in 
fitct,  the  last  supply)  had  been  taken  on  ))oard  at  Sin,ua|)ore  on  tlicL'M 
day  of  tl»c  j^revious  I)ecend)er.^  Tlie  new  sui)ply  was  allowed  to  lie  ]nit 
on  boanl  within  three  months  from  the  lime  when  the  last  supply  WiK 
received  in  a  IJritish  port.  This  was  a  fresh  violation  of  the  duties  dt 
Great  llritain  as  a  neutral. 

On  the  L'.ith  of  3Ianii  the  Alabama  ''ji'ot  up  steam  and  nn>ved 
out  of  Table  15ay  for  the  last  *tiiMe.  amicl.st  Insty  cheers  and  the    [387, 
waving  of  handkerchiefs  from  tiu'  boats  by  which  they  were  sur- 
rounded.''"   ''Military  and  naval  otlicers,  governors,  Jndges,  siipciiii- 
temients  of  boards  of  trade,  attorneys-general,  all  on  their  way  to  tliiii 
missions  in  the  far  I^ist,  came  to  see  her.''" 

She  now  made  her  \\ay  to  northern  waters,  anil  cm  the  lltli  of  June. 
IStJl,  cast  anchor  in  llie  lijirbor  of  Cherbourg.  Her  career  was  lutn 
linished.  The  United  States  war-steamer  Kearsarge  was  in  tho.se  waters. 
and  on  the  IDth  of  the  same  dune,  within  sight  of  Cherbourg,  this 
Ibitish-bnilt,  liritish-armetl,  and  liritish-mauncd  cruiser  went  down 
under  the  fire  of  Anu'rican  guns. 

During  her  career  the  Alabama  litted  out  one  tender,  the  Tn.-sialotwi. 
The  •'C»>nrad  of  Philadelphia,  from  Uuenos  Ayres  to  New  York,  wiili 
part  of  a  cargo  of  wool,"  was  <;aptured  on  the  2Uth  of  June,  istl  >.  in 
latitude  L'.j^  4s' .south."    It  has  already  been  seen  that  this  prize  wiis 

""l^Vol.  Ill,  IKIRO  "Ml. 

'  Si'iiiino's  Atlvoiitun-s  All«:U.  pajjo  7:?7. 
3  Semiiu->*rt  Ailvfiitiiie.s  AllotU,  pa;n'  TIT). 
<S»'miins"s  Advfiituri'S  Atlout,  l>aj;t)  7-1 1. 

"This  is  c-vid«-ut  l'n»m  Semnit's's  uccoiuit  of  his  voyage  ou  ltiaviu<r  Singapore, pagi" 
71.'),  it  Hcq. 

"  .S'imncs's  Advuiitiin^fi  Ailnat,  page  744.  • 

''  Si-iniiioD'ri  Adventures  Alloat,  pago  74.'i. 
*  Souuues'8  Ailveutures  Atlout,  page  (i27. 


'^HE  ALABAMA  AND  HER  TENDER. 


155 


tflken  into  the  port  of  Cape  Town,  uiHler  iho  iianio  of  tlie  Tuscaloosa, 
and  luulcr  iiroteiisc  of  a  commission  ;  and  lliat  the  i>ivtcnse  was  rccog- 
uizt'd  as  valid.  A\'!i('U  the  Alabama  left  to  ciuisc  in  tlio  Indian  Ocean, 
ScMiincs  "disi)atclicd  this  vessel  from  Aiijjra  Poquefia  back  to 
foSS]  llie  coast  of  Jirazil,  to  *make  a  crnise  on  tiiat  coast."*  It  has  also 
been  seen  how,  on  her  return  to  <'ape  Town,  she  was  seized  by  (he 
Governor  of  Cape  Town,  a;:<l  held  until  the  close  of  the  strnyj-le. 

Tiie  United  states  aslc  the  'J'ribunal  of  Arl)itrati(i!i,  as  to  the  Alabama 
autl  as  to  her  tender,  to  deteiinine  and  to  ccrtil'v  that  (Ireat  Jhitain  has, 
by  its  acts  and  by  its  onussions,  failed  to  fnltill  its  duties  set  forth  in 
llie  tlii'ce  rules  of  the  Treaty  of  \V;ishin,i;ton,  or  recojunized  by  thd 
liriucipicsof  law  not  inconsistent  with  such  rules,  Hhonld  the  Tribunal 
t'xercise  the  power  conferred  ujion  it  by  Article  VII  of  the  Treaty, 
awiU'd  a  sum  in  j;ross  to  be  [)aid  to  Ihe  TTnited  States,  they  ask  that,  in 
coiisideriiij;'  the  amount  to  l)e  awarded,  the  losses  of  the  United  States, 
or  of  individuals,  in  the  destruirtion  ol'  their  vessels  or  their  car;4()es  by 
till'  Alabama,  or  by  its  tender,  and  also  the  expense  t(»  which  the 
United  States  were  put  in  the  i)ursnit  of  either  of  Ihosi;  vessels,  or  in 
the  caiiture  and  destruction  of  the  Alabama,  may  be  taken  into  at'connt. 

In  additiop  to  tlui  general  reasons  already-  stated,  they  ask  this  for 
the  follow inj;-  reasons: 

1.  That  the  Alabama  was  constructed,  was  fitted  out,  and  was  e(|ui[)- 
ped  within  the  Jurisdiction  ol'  (Jreet  liritain,  with  intent  to 
[3811]  crnise  and  carry  *on  war  a;^ainst  the  Uruted  States,  with  whom 
Great  Britain  was  then  at  peace;  that  Great  Britain  had  reason- 
able ground  to  believe  that  such  was  the  intent  of  that  vessel,  and  did 
not  use  due  diligence  to  prevent  such  construction,  tltting  out,  or 
equipping. 

'2.  That  the  Alabama  wasconstrut;ted  and  nrnu'd  within  British  Juris- 
dii'tidii.  The  con.^truction  of  tlie  vessid  and  the  constiuction  of  the 
arms;  the  dispatch  ol'  the  vesstd  and  the  dispatch  of  the  arms — all 
tiiiik  i)lace  at  one  British  port;  and  the  British  authorities  had  su(;h 
ainple  notice  that  they  must  be  assnnu'd  to  have  known  :'J1  thest;  facts. 
The  \vli(de  should  be  regarded,  tln-rcfore,  as  one  arnjcd  hostile  c.\i)edi- 
tiiin,  from  a  British  port,  against  the  United  Stales. 

.').  That  tile  Alabama,  having  been  specially  adapted  to  warlike  use 
at  Liverpool,  and  being  tluis  intended  to  crnise  and  carry  on  war  against 
llie  Ciiited  Slates,  Great  Britaiii  did  not  use  diu'  diligence  to  i>r<'vent 
licr  dei)arturefrom  its  Jurisdiction  at  Liverpool ;  nor,  subseipu'ntly,  from 
it>jnrisdi('tion  at  Kingston;  nor,  sid)se(piently,  from  its  Jurisdiction  at 
tlic  ("ape  <tf  Gotxl  Hope;  nor,  sidtscipu-ntly,  from  its  Jurisdiction  at 
Sin;;;!pore ;  nor,  lastly,  IVom  its  Jurisdiction  again  at  the  Capc^  of  Good 

Hope,  as  rcipured  by  the  rules  of  the  'fri'aty  of  Washington. 
[oOO]       *4.  That  (ireat    Ibitaiu  did  not,  as  iOarl  Kussell  had  promised, 
send  out  orders  for  her  (h'tentit)n. 

5.  That  the  xVlabama  received  excessive  hospitalities  at  (^ape  Town 
on  her  last  visit,  in  being  allowed  to  coal  belbre  three  months  had  ox- 
]»iri'd  alter  her  coaling  at  Singapore,  a  British  port.  • 

•!.  That  the  responsibility  for  the  acts  of  the  Alabama  carries  with  it 
ifspousibility  for  the  acts  of  her  teiuler. 


'  Sommcs's  Advouturcs  Alloat,  pagu  733. 


156 


INSURGENT   CRUISERS, 


THE  IJETIIIBUTION. 


Tl.»  Uflribiitiin. 


The  stfam-proiK'lIor  Uncle  Ben,  built  at  Bul'falo,  in  New  York,  in 
l.s.KI,  was  sent  to  the  sontliern  eoast  of  the  United  States 
just  juior  to  the  attaek  on  Fort  Sumter.  Enteiinj^-  C';i]m' 
Fear  Hiver  in  stress  of  weather,  she  was  seized  by  the  insurgents,  lid' 
machinery  was  taken  out,  and  she  was  converted  into  a  schooner,  and 
cruised,  under  the  name  of  the  Ifetribution,  about  the  Ijuhama  IJaiiks. 
On  the  l\hh  day  of  l)eceud)er,  l.S(>2,  she  ca]>tured,  near  the  island  di 
San  Douun^o,  the  United  States  schooner  llanover,  and  took  the  prize 
to  Lon<r  Cay,  (Fortuiu^  Island,)  r>ahamas,  and  there  sold  the  cari;(), 
"  without  previous  judicial  process."^  IJepresentations  bein.if  made  of 
these  facts,  an  answer  was  nujde  by  the  Colonial  Authoriti*  , 
*claimin.i>'  that  they  were  deceived,  and  that  they  supjtoscd  that  [1501] 
the  person  nndiin.ii:  the  sale  was  the  master  of  the  vessel.''  Mr. 
Seward  replied  that  this  answer  w  as  not  "  deemed  altojicther  conclu- 
sive.*' Subseipiently  one  Vernon  Locke  was  represented  as  the  pcrsiiu 
who  had,  '' by  fraudulent  personations  and  representations,  ])roctniMl 
the  admission  of  that  vessel  [the  Hanover]  to  'entry  at  the  iN'vciuie 
Oflice  and  elfected  the  sale  of  lu'r  earjio  there.'"  Locke  was  indicted. 
and  bail  accepted  in  the  sum  of  XliOO.  The  United  States  are  not  aware 
that  he  was  ever  brouj;ht  to  trial.  Mr.  S(^ward  thouj.;ht  the  bail  "sur- 
prisin<jly  small  and  insij^niticant.'''  On  the  lt>th  of  February.  l.Si!'!, 
when  off  Casth,'  Island,  one  of  the  IJahamas,  she  captured  the  Anicii- 
can  bri<;'  lunily  Fisher,  frci^^htcd  with  suj^ar  and  molasses.  This  prize 
also  "  was  taken  to  Lon<,'Cay,  onc^  of  the  Bahama  Islamls,  and  notwith- 
standing the  ])rotest  of  Captain  Staples,  [the  master,]  and  in  the  pres- 
ence of  a  British  ma.nistrate,  was  despoiled  of  her  caryo  ;  a  portion  ol 
which  was  landed,  and  the  balance  wUlfully  destroyed."^  ThcBetrilm- 
tion  then  went  to  the  harbor  of  Nassau,  where  she  was  sold,  assuming' 
the  name  of  the  Etta.^ 

*The  United  States,  with  confidence,  ask  the  Tribunal  to  find  [.!!»:;: 
and  certify  as  to  this  vessel,  that  (Ireat,  Britain  failed  to  fullill 
the  duties  set  tbrth  in  the  three  rules  of  Article  \'l  (»f  the  Treaty,  or 
rect)jinized  by  the  juinciples  of  International  Law  not  inconsistent  with 
such  rules.  The.y  ask  this,  not  only  for  the  j^eneral  reasons  hereietoiv 
nu'ntioneil  as  to  this  class  of  vessels,  but  because,  in  the  case  ol'  each 
of  the  ca[)tured  vessels  above  named,  the  acts  complained  of  Wiere  doue 
within  ller  31a jest v's  jurisdiction. 


THE  GEOBGIA. 


The  Georgia  was  built  for  the  insurjicnts  at  Duaibarton,  below  Clyde, 

Theoeo  ia.      *  ""  ^^'^*  GhisjiDW.   SIic  was  laiuu'hcd  on  the  10th  day  of  .laii- 

eontia.  iijiry^  ISc;,;,  at  which  tiiiic,  as  has  already  been  said,  "a  Miss 

North,  daugliter  of  a  Cai»taiu  North,  of  one  of  the  Confederate  States, 

iilliciated  as  priestess,  and  christened  the  craft  Yir^inia."^     It  was  uo- 


'  Mr.  .S«\vanl  to  Liml  Lyons,  Vol.  I.  ]nn;a  701. 

'  15iinisi4lc  to  Xt'sliitt.  Vol.  I,  piij^o  7tej. 

3 (JoviTiior  Baylf.v  to  Diikn  of  Ncwta.stle,  Vol.  1,  puj^o  700. 

*  Allhlavit  of  Tlioiiia.s  Sampson,  Vol.  VI,  pagt)  7:Ui. 

»  Uuik-rwuoil  to  Sewanl,  Januuty  1(3,  18ti3,  Vol.  VI,  pago  593. 


THE   GEORGIA. 


157 


torions  that  slio  was  boiu'^'  consti'Mctod  for  tin's  sorvico.'   Wlion  finislicd 
slie   ^Vils    a    "  scrow-stcamcr  of    about    live    hmidivd    tons   rcjjistor, 

(•lil)I»er-built ;  iijinvc-licad,  liddlc  bow;  short  thiak  I'linncl;  with 
f.j93]    *ii  iiiiniber  ol'conii)aitiiU'nts  Ibrward  on  botii  sides,  iroin  oij^ht  to 

ten  feet  siinavo,  and  stronjici'  tliaii  a  Jail,  si  ion;;  doors  to  thoni, 
with  hini^'<'S  about  three  inches  thick,  and  biass  ]»a(lhK;ks  accordin;:;!y, 
iiiid  a  strong-  magazine  Ibrward  in  the  bow."'  On  J'riday,  the  l!7tli  oi" 
Miircb,  she  left  lor  (ireonock.^  By  this  time  she  had  parted  with  her 
iiiuno  VirjJ^inia,  and  had  the  name  Japan,  "  written  in  small  letters  on 
her  how ;"  and  it  was  pretended  that  her  voyage  was  to  be  to  China. 

On  the  eveninj:?  of  Monday,  the  .'iOth  of  March,  sonic  seventy  or 
oighty  men  who  had  been  shipped  at  Liverjiool  lor  this  vessel  were 
sent  to  Greenock.  The  apeenients  with  this  crew  were  nia<le  by 
tlio  house  of  Jones  &  Co.,  of  Liverpool,''  who  advanced  money  to 
tlioni.'"^  The  vessel  was  registered  in  the  name  of  Thomas  Lold,  of 
Liverpool,  a  member  of  the  house  of  Jones  cV:  ('o.,  and  a  near  connection 
of  Maury,  who  afterward  commanded  her.  It  renuiined  registered  in 
liis  name  until  the  23d  «lay  of  the  following  Jnne.^  When  the  men 
airivpil  in  the  Clyde  from  Liverj)ool,  the  Ja]»an  was  "lying  in  the  river 

op])osito  Grecuiock,  and  they  were  taken  on  board  in  a  tug.  On 
[094]    the*morning  of  the  lid  of  Ajuil  they  ran  out  toward  the  sea,  but 

returned  in  the  afternoon,  and  remained  near  the  light-house 
(lowp  the  Clyde,  taking  on  board  more  men  and  provision  from  Greenock. 
Tiie>  started  again,  and  next  morning  they  were  olf  Castleton,  Isle  ol" 
Man."  Here  they  changed  their  course,  and  went  into  the  Atlantic, 
liirough  the  northern  passage,  between  Ireland,  and  Scotland.  On  the 
iltli  of  April  they  rea(;hed  the  coast  of  France.  Ushaiit  light  was  the 
lirst place  they  sighted.  Here  they  turned  their  steps  toward  St.  Malo. 
proceeding  uiuler  slow  steam,  and  in  the  morning  they  sighted,  oil' 
-Morlonux."  the  steamer  Alar,  with  arms,  ammunition,  ami  supplies  for 
till' Georgia,  under  charge  of  Jones,  a  partner  in  the  Liveri)Ool  house  of 
Jones  &  Co." 

It  liiippened  that  these  proceedings  were  afterwar<l  i.iade  tluv  subject 
ofjndicial  investigation  before  Sir  Alexander  Cockhurn,  Lor<l  Chief 
-hifNtiee  of  England.  Ilighatt  and  Jones,  two  of  the  meaibers  of  the  linn 
of  Jones  tS:  Co.,  were  indicted  at  Liverjxx)!,  for  a  violation  of  the  Foreign 
Enlistment  Act  of  LSlt),  in  causing  these  men  to  be  enlisted  to  serve 

in  a  war  against  the  Unite<l  States.  The  case  came  on  i'or  trial 
f>!l5]    at  the   Liverpool  Assizes,  in  *Augiist,  IStil.     In  his   a<ldress  to 

the  jury,  after  the  evidence  was  in,  the  Lord  Chief  Justice  said  : 
'•Tlierc  was  no  doubt  that  ^Matthews,  Stanley,  and  C!assbro()l;  did  enter 
tliciusclves  and  enlist  on  boai'd  the  steamer,  v.liich  was  immi'iliately 
altcnvard  employed  as  a  war-steamer  in  i  he  Con  federate  service,  for  the 
I'lU'iiose  (>f  waging  war  against  tln^  Xorthern  States  of  America  ;  and 
lln'ic  seemed  to  be  very  little  iloubt  that  both  the  defendants  had  to  do 
with  the  men's  leaving  the  port  of  Liverpool,  for  the  purjjose  of  joining 
tiio  Japan,  afterward  called  the  Georgia.  *  ''  *  X»)w  came  the 
iiiu'stioii,  whether  the  defendants  had  procured  the  men  to  be  engaged 


'Kxtiattw  from  Loiuluu  Daily  Ncwh,  Fcbniiuy  1"^  uml  17,  1803,  Vol.  VI,  pa^ouOiJ, 
' '  'tq. 
-Diidloy  to  Hpw.nnl,  Vol.  11,  pa<j;«  fifw  ;  Vol.  Y\,  pa-re  'W. 
Viil.  11.  iiMjro  ()H1  ;  Vol.  VI    i»;im;(.  old;  Vol.  Vll,  iiiiy;(!  88. 
;Vol.  II.  ,,aj.,.  (i7--i  ;  Vol    VI,  l. •!•>:,.  .M^  ;  Vol.  VII.  |.a,u.r  H8. 
'Mr.  Adams  t(»  Kail  I'nsscll,  Voi.  II,  pajfos  077, (JT-^ ;  Vol.  VII,  pago  88. 
'Miiiinn's  anitluvit,  Vol.  II,  pa},'o  (iJ.';  Vnl.  VI.  pagi;  .'.i:!. 
■TiiuinjisoM'H  allidavif.  Vol.  II,  pagoCTl ;  Vol.  VI,  pago  r>U. 
'Spetcli  ol  Thoiuua  Baring,  Esq.,  M.  1  ,  liuusard,  15(1  Kerio»,  Vol.  175,  page  467. 


158 


INSURGENT  CRUISERS. 


|M'r 


I 


in  war  against  a  country  toward  which  this  conntry  was  bound  to  main- 
tain a  strict  neutrality.  No  doubt  it  was  possible  that  the  <ieleu(laut8 
mi^jflit  liave  been  under  a  delusion  that  the  ship  was  engaged  for  a 
voyage  to  China.  It  was  for  the  jury  to  say  whether  they  believed  that 
to  have  been  the  case.  If  they  believed  the  witnesses  Conolly  imd 
Glassbrook,  the  defendant  Jones  could  not  have  been  of  that  opinion, 
because  he  was  on  board  the  small  steamer  which  was  an  important 
agent  in  the  transaction ;  and  when  he  found  out  what  the  vessel  really 
was,  he  manifested  no  surprise  or  horror.  It  was  true  that  the 
iury  had  to  rely  on  the  evidence  of  men  who  had  turtied  *traitors  [39C] 
to  the  people  they  had  sworn  to  serve,  and  who  had  since  played 
the  spy  upon  the  persons  who,  as  they  alleged,  had  engaged  them.  But, 
on  the  other  hand,  there  was  no  attempt  to  show  them  that,  on  the  day 
when  these  men  signed  articles  at  Brest,  Mr.  Jones  was  not  on  board. 
and  if  he  was  on  board  it  was  difficult  to  suppose  he  could  have  got 
there  with  the  innocent  intention  described  by  the  defense.  It  seems 
strange  that  if  they  were  acting  as  agents  for  Mr.  IJold,  they  did  not 
now  call  upon  him  to  (!ome  into  court,  and  state  that  they  were  inno- 
cently eini)loyed,  and  perfectly  unconscious  that  the  vessel  was  intended 
to  go  on  a  warlike  expedition.  Altliough  sometimes  it  was  an  incon- 
venience' and  a  hardship  tliat  a  man,  charged  as  the  defendants  were, 
could  not  be  called  to  give  his  own  evidence,  sometimes  it  was  a  vast 
convenience  to  persons  accused  that  they  could  not  be  called,  because 
if  they  were,  they  would  be  constrained  to  admit,  unless  they  committed 
perjury,  that  the  truth  was  on  the  other  side."' 

The  Alar,  with  her  cargo,  Inul  cleared  at  Newhaven  for  St.  Malo. 
When  the  two  vessels  met,  the  Cleorgia  took  the  Alar  in  tow,  and  tliey 
floated  about  on  those  waters  during  the  whole  day.  At  night 
they  came  to  anchor,  probably  ott"  the  island  *of  Ushant,  and  the  [39(| 
Georgia  commenced  taking  in  arms  and  ammunition  and  supplies. 
Three  days  passed  in  this  way.  There  were  nine  breech-loatling  gnnsto 
be  mounte(l  on  decks,  and  "  guns,  shot,  shells,  rockets,  ammunition, 
rifles,  cutlasses,  and  all  sorts  of  imi>lements  of  war.*'- 

All  were  put  on  board  before  Friday,  the  lOth  of  April ;  the  insur- 
gents' flag  was  then  hoisted ;  ]\Iaury,  the  insurgent  officer  destined  for 
the  connnand,  produced  his  commission ;  the  .Japan  was  changed  into 
the  (Jeorgia  ;  fifteen  sailors  who  refused  to  cruise  in  her  were  trans- 
ferred to  the  Alar,  and  the  Georgia  continued  her  cruise. 

On  the  Sth  of  April  My.  Adams  called  Earl  Kussell's  attention  to  the 
departme  from  the  Clyde  and  Newhaven  of  this  hostile  expedition, 
"with  intent  to  depredate  on  the  commerce  of  the  United  States,'"  and 
he  stated  his  belief  that  the  destination  of  the  vessel  was  the  island  of 
Alderney.  Earl  liussell  replied,  on  the  same  day,  that  coi)ies  of  his  let- 
ter ''were  sent,  without  loss  of  time,  to  the  Homo  Department  and  to 
the  Board  of  Treasury,  with  a  re(piest  that  an  immediate  inquiry  might 
be  made  into  the  circumstances  stated  in  it,  and  that  if  the  result  should 
prove  the  suspicions  to  be  well  founded,  the  most  effective  ineam'd 
|398]  might  be  *taJccti  which  the  laic  admits  of  for  defeating  any  siich  at- 
icmptH  to  Jit  out  a'beliigercnt  vessel  from  a  British  port"* 

Had  Her  Majesty's  Government  taken  the  measures  which  Earl  Bus- 
sell  suggested,  it  is  probable  that  the  complaints  of  the  United  States, 
as  to  this  vessel,  might  not  have  been  uec^ssjiry.    The  sailing  and  the 


'  Vol.  VI,  page  567. 
«  Vol.  II,  page  671 ;  Vol.  VI,  page  511. 
»  Vol.  II,  page  666 ;  Vol.  VI,  jioge  509. 
*  Vol.  II,  page  667 ;  Vol.  VI,  page  610. 


THE   GEORGIA. 


159 


destination  of  the  Japan  were  so  notorious  as  to  be  tlie  subject  of  news- 
iiiinor  comment.'  Xo  time,  therefore,  was  required  for  thtit  investigii- 
Itiou.  It  couUl  have  been  very  little  trouble  to  ascertain  the  fa(;ts  as  to 
the  Alar.  The  answer  to  a  tele^j^rain  could  luive  been  obtained  in  a  few 
minutes.  ]\Ien-of-war  might  have  been  dispatched  on  the  8th  from 
roits'HOuth  and  Plymouth,  to  seize  both  these  violators  of  British  sov- 
ereignty. In  doing  this  Her  Majesty's  Government  need  only  have  ex- 
ercised the  same  powers  which  were  used  against  General  Saldanha's 
expedition,  arrested  at  Terceira  in  1827,  and  whose  use  in  that  case  was 
sustained  by  a  vote  of  both  Houses  of  rarliament.^  The  island  of  Al- 
(kruey  and  the  other  Channel  islands  were  on  the  route  to  St.  Malo  and 
Brest,  and  it  is  not  at  all  probable,  scarcely  possible,  that  tlie 
[399]  Alar  and  the  (Jeorgia  *would  not  have  been  dis(!overed.  The 
purposes  of  the  latter  vessel,  thus  taken  flagrante  delicto,  would 
then  have  been  ex])Osed. 

This  was  no*,  done.  Instead  of  directing  action  td  be  taken  by  the 
Xary,  Lord  liussell  caused  inquiries  to  be  made  by  the  Home  Otiice  and 
the  Treasury,  and  the  Georgia  est^aped. 

On  the  1st  of  December,  18(J3,  Mr.  Adams  called  Lord  Eussell's  atten- 
tion to  the  tact  of  "  the  existence  of  a  regular  ollice  in  the  port  of  Liv- 
erpool for  the  enlistment  and  payment  of  British  subjects,  for  the  pur- 
pose of  carrying  on  war  against  the  Government  and  people  of  the 
Ijiited  States;"  and  he  expressed  the  hope  that  "the  extraordinary 
( hiuacter  of  these  i)roceedings,  as  well  as  the  hazardous  consequence  to 
the  future  peace  of  all  nations  of  permitting  them  to  gain  any  authority 
iiiider  the  international  law,  will  not  fail  to  flx  the  attention  of  Her  Ma- 
jesty's Government."^  The  depositions  inclosed  in  this  communication 
liiriiished  conclusive  proof  that  the  members  of  the  firm  of  Jones  &  Co. 
were  still  engaged  at  Liverpool  in  procuring  and  shipping  men  for  the 
Georgia,  and  that  the  payments  of  the  wages  of  the  crew  of  tliat  vessel 
were  regularly  made  through  the  same  firm.''  It  was  also  i)roved 
[400]  that  Tones  had  *superiiitended  the  shipping  of  the  armament  of 
the  Georgia  off  Brest ;  that  he  had  lieen  standing  by  the  side  of 
Miiury  when  he  assumed  command,  and  that  he  had  told  the  men,  as  an 
iiuliicenieut  to  them  to  remain,  that  "  of  course  they  would  get  the  prize 
I  money."  ^ 

On  the  11th  of  January,  1SG4,  Mr.  Adams  inclosed  to  Lord  liussell' 

Icnpiesof  papers  which  he  maintained  went  "most  clearly  to  establish 

I  the  proof  of  the  agency  of  IMessrs.  Jones  «&  Co.  in  enlisting  and  paying 

|l!ritisli  subjects  in  this  Kingdom  to  carry  on  war  against  the  Unite(l 

States.""    Proceedings  were  taked  against  Jones  &  llighatt,  as  has  al- 

I ready  been   shown.     They  were  convicted,  and  were  lined  but  fifty 

pounds  each — manifestly  a  punishment  not  calculated  to  deter  them  Irom 

a  repetition  of  the  ott'ense." 

'Vol.  II,  page  COS. 

'Hansard,  now  series,  V«)ls.  XXIII  and  XXIV;  Annual  Register^ History,  &c.,  A.  D. 
[  \m,  Vol.  LXXII,  page  187. 

'Vol.  II,  page  m-i  ;  Vol.  VI,  page  519. 

M'ol,  II,  pages  (583,  684,  68G,  tWD,  &c. 

'Stanley's  ailidavit,  Vol.  II,  page  684  ;  Vol.  VI,. page  522.  See  also  Charles  Thoinp- 
[  son's  affidavit,  Vol.  Ill,  page  87. 

"Vol.  II,  page  098 ;  Vol.  VI,  page  534. 

"'Five  prosecntious  were  instituted  at  different  times  against  persons  charged  with 
liaving  enlisted  or  engaged  men  for  the  naval  service  of  the  Confederate  States.  Of 
these,  throe  wore  successful.  Five  of  the  accnse<l  were  convicted  or  pleaded  guilty. 
'  *  *  No  prosecution  appears  to  have  been  institnted  against  Bullock  himself." 
(iirntarcfs  Neutrality,  pages  361-2.)  This  is  a  terribly  small  record,  considering  the 
mnguitude  of  the  offenses  committed,  and  oonsidering  the  seal  shown  in  repressing  en- 


160 


INSURGENT   CRUISERS. 


I; 


I 


SlM 


After  all  tliis  inioriuation  Avas  hoforo  Lord  I'ns*sell,  the  Cioor-  [loi; 
gia,  oil  the  1st  clay  of  3I.iy,  lS(il,  r<'a])i)<':in'(l  in  tlio  ])oit  of  Ijiv- 
eipool.  ])uiiiiy,'  her  absence  she  lia<l  lieen  busy  in  (lestmyini,' siidi  nt 
the  commcrco  of  the  United  States  in  the  Atlantic  as  had  escaped  tin 
de.^nedations  of  the  Florida  and  the  Alabama.  She  ha«l  been  to  tin 
Western  Islands,  and  iioni  thence  to  the  Ura/ilian  port  of  ]>ahia.  From 
thence  sh(^  went  to  the  Cape  of  (lood  Hope.  On  the  way  she  tell  in  with 
the  Constitution,  a  inerehant-vessel  of  the  United  States,  laden  with 
coal.  "  We  tilled  our  vessel  with  coal  fr(.)ni  her,"  s.ays  one  of  the  witnesses, 
In  a  few  days  after  that  she  entered  Simon's  Bay,  Cape  of  Good  Hope, 
There  she  staid  a  fortnis:ht,  havins'  repairs  done  and  gettiii}?  more  coal, 
She  left  Simon's  Bay  on  the  L'Dth  of  August.  It  is  not  probable  that  tlie 
snpi)ly  troni  the  Constitution  was  exhausted  at  that  time.*  She  then 
worked  her  way  to  Cherbourg;,  and  in  a  short  time  after  eame  again  into 
the  i)prt  of  liiverpool.  Her  career  and  character  were  rai)idly  but  forci 
bly  slietched  by  lliomas  Baring,  Esq.,  in  a  speech  in  the  House  of  Com- 
mons  on  the  13tli  of  IVIay,  ISOi.  lie  s.aid :  "At  the  time  of  her  depart 
ure  the  (Jeorgia  was  registered  as  the  property  of  a  Liverpool  mercbaiit. 
a  partner  of  the  lirm  which  shipped  the  crew.  She  renniined  the 
property  of  *this  person  until  the  2."d  of  June,  when  the  register  [40l' 
was  can(;eled,  ho  notifying  the  Collector  of  her  sale  to  foreign 
owners.  During  this  period,  namely,  from  the  1st  of  April  to  the  23(1  of 
June,  the  Georgia  being  still  registered  in  the  name  of  a  Liverpool 
njercliant,  and  thus  his  property,  was  carrying  on  war  against  tlic 
United  States,  with  Avhom  we  were  in  alliance.  It  was  while  still  a  Brit 
ish  vessel  that  she  captured  and  bunied  the  Dictator,  and  captured  and 
released,  under  bond,  the  Griswold,  the  same  vessel  which  had  broufflii 
corn  to  the  Lancashire  sullerers.  The  crew  of  the  Georgia  were  paiii 
through  the  same  Liverpool  firm.  A  coi)y  of  an  advance  note  used  is  t ' 
be  found  in  the  Diplomatic  Correspondence.  Tlie  same  firm  continiiwi 
to  act  in  this  cai)acity  throughout  the  cruise  of  the  Georgia.  Attir 
cruising  in  the  Atlantic,  and  burning  and  bonding  a  number  of  vessels, 
the  Georgia  made  for  Cherbourg,  where  she  arrived  on  the  28th  of  Octo 
t^r.  There  was,  at  the  time,  much  discontent  among  the  crew ;  niaii, 
deserted,  leave  of  absence  was  given  to  others,  and  their  wages  wen 
paid  all  along  by  the  same  Liverpool  lira).  In  order  to  get  the  Geor;;i;i 
to  sea  again,  the  Liverpool  firm  eidisted  in  Liveri)ool  some  twenty  sen 
men,  and  sent  them  to  Brest.  The  Georgia  left  Cherbourg  on  a 
second  cruise,  but  having  no  success  she  returned  to  tiuit  *port,  [403 
and  thence  to  Liverpool,  where  her  crew  have  been  paid  oft"  with- 
out any  concealment,  and  the  vessc-  is  now  laid  h[).  Here,  then,  is  tli. 
case  of  a  vessel,  clandestinely  built,  iraudnloitly  leaving  the  port  of  iie: 
constiuction,  taking  Englishmen  on  board  as  lur  crew,  and  waging' war 
against  the  United  States,  an  ally  of  ours,  witliont  once  having  enteni: 
a  port  of  the  power  the  commission  '*f  wliich  she  bears,  but  being,  li ; 
some  time,  the  property  of  an  English  subject.  She  has  now  returntii 
to  Liverpool — and  has  returned,  I  am  told,  with  a  British  crew  on  bowl. 
who,  having  enli.stcd  in  war  against  an  ally  of  ours,  have  committetl ;. 
misdemeanor  in  the  sight  of  the  law."- 

The  Attorney  General,  Sir  Itoundell  Palmer,  replied  on  behalf  of  tin 

listinciitH  for  tho  servico  of  tho  United  States.  {See  Vol.  IF,  page  547,  and  Fol.  lV,)wy 
54U.)  It  i.s  to  be  obsiTved,  too,  tliat  Mr.  Adams  furui.slied  Lord  IJusseU  with  eviiUn" 
to  sustain  a  i)r()se(!ution  against  Bullock.  {Mr.  Adama  to  Earl  Jluaaell,  March  30,  Itiw 
rol,JII,pa(jci:H).) 

'  See  the  atlidavits  in  Vol.  II,  page  684,  et  seq. 

*  Uausard,  third  aeries,  Vol.  175,  page  467  ;  Vol.  V,  page  577. 


THE   OEORGIA. 


161 


Govornmont  to  tliis  speech.     TTe  did  not  serlonsly  disjuitc  tiiO  faets  ns 
stated  l»,v  IMr.  Biiriii|H'.     "Tlio  wl)oIe  of  the  hon()iiil)U'  j>eiitleni!urs  iir.u;u- 
iiiciit,"  ho  said,  "assumes  that  the  fa(!ts,  and  thi^  Imv  apjilieahh'  to  tlie 
I'iicts,  are  substantiated,  that  we  are  in  a  i»osti()n,  as  between  ourselves 
Aw\  tl>e  ('onf'e(U'rates,  to  treat  the  matter  as  beyond  controversy,  and  to 
iissuiiio  that  the  (Jieorjjfiji  was,  in  fact,  fitted  out  in  viohition  of  our  neu- 
trality.    Now  wc  may  have  very  stronjL!:  n'asou  to  suspect  this,  ajid 
[401]    nuvy  even  believe  it  to  be  true;  but  to  say  *that  we  are  to  act 
upon  stronfj  suspicion  or  belief  against  another  state,  ui)on  cer- 
tain facts  which  Inive  never  been  Judicially  established,  and  whi<'h  it  is 
not  easy  to  briii}?  to  the  teat  as  between  (lovernment  and  (lovernment, 
that  is  a  proposition  which  is  not  without  grave  consideration  to  be  a<'- 
ceptt'd."'    lie  found  a  defense  lor  the  irresolution  and  inactivity  of  the 
(iovernment,  in  the  fact  that  the  United  States  were  unwillinn-  to  aban- 
don their  claims  for  compensation  for  the  losses  by  the  acts  of  the  Ala- 
Imma.     "I  have  no  hesitation,"  he  said,  "  in  sayin;:?  that  the  United 
States  by  advancing  such  denninds,  and  by  seeking  to  make  our  (lov- 
ernment responsible  for  pecuniary  comjiensation  for  ])rizes  taken  by  the 
Ainlinina  upon  the  high  seas,  and  never  brought  within  our  pcnts  or  in 
any  way  whatever  under  our  control,  are  making  demands  directly  con- 
trary to  the  principles  of  International  Law  laid  down  by  their  «)wn 
jurists,  and  thereby  they  render  it  infinitely  more  difticult  for  us  at  their 
request  to  do  anything  resting  on  our  own  discretion."^ 

When  it  was  apparent  that  the  Georgia  was  to  be  allowed  to  remain 
in  Liverpool,  and  that  she  was  not  to  be  made  "subject  to  the  ruh's  of 
January  31,  1802,  Mr.  Adams  addressed  a  note  to  Lord  Kussell 
[405]  in  which  he  said:  "I  learn  that  she  is 'about  to  rennuu  for  an 
indehnite  period,  the  men  having  been  discharged.  1  scarcely 
need  to  suggest  to  your  Lordship  that  it  has  become  a  matter  oC  interest 
to  my  (lovernment  to  learn  whether  this  vessel  assiunes  the  right  to  re- 
main in  virtue  of  her  former  chara(!ter,  or,  if  receive<l  in  a  later  one, 
why  she  is  permitted  to  overstay  the  period  of  time  specified  by  the 
terms  of  Her  Majesty's  Proclamation.  *  *  I  cannot  but  infer,  froNi 
the  course  previously  adopted  toward  the  armed  vessels  of  the  United 
States,  that  any  such  proceeding,  if  taken  by  one  of  them,  would  have 
l)een  attended  by  an  early  request  from  your  Lordship  to  myself  for  an 
explanation."' 

Having  received  no  answer  to  these  questions,  l\Ir.  Adams,  on  the 
"til  of  June,  1804,  informed  Lord  Russell  that  he  had  received  from  the 
Consul  of  the  United  States,  at  Liverpool,  information  that  a  transfer 
imrporting  to  be  a  sale  had  been  made  of  the  (ie<)rgia  by  the  insur- 
;'ontsor  their  agents  at  Liverpool,  and  on  behalf  of  the  Government  of 
tiie  United  States  he  "declined  to  lecognize  the  validity  of  the  sale."  ' 
While  Mr.  Adams  was  vaiidy  endeavoring  to  ascertain  from  Lord 
liiwsell  whether  the  Georgia  entered  tlie  port  of  Liverpool  as  a 
[lOG]   merchant-ship  *or  as  a  man-of-war,  that  vessel  went  int(»  dock  at 
Birkenhead  and  had  her  bottom  cleaned  and  her  engines  over- 
hauled.^   The  insurgent  agents  Avent  through  the  form  of  selling  her  to 
ii  person  who  was  supposed  to  be  in  collusion  with  them.    All  tliis  was 
communicated  to  Earl  Eussell  by  Mr.  Adams."    Lord  Eussell,  iu  his 

'  Hansard,  3d  series,  Vol.  CLXXV,  pages  484-5. 

*  Same,  page  488, 
»  Vol.  II,  page  703  ;  Vol.  VI,  page  538. 

*  Vol.  II,  page  710 ;  Vol.  VI,  page  543. 
6  Wilding  to  Seward,  Vol.  II,  page  711 ;  Vol.  VI,  page  543. 
«Vol.  II,  page  713;  Vol.  VI,  page  545. 

8.  Ex.  31 11 


162 


INSURGENT   CRL'IHKRS. 


reply  <<>  (licsc  noh-s,  toolc  no  notice  of  Mr.  Adiuns's  protest  ii;,'iiiiiHt  tlie 
vnlidit.v  ol'  the  s.ile,  or  of  liis  itupihies  iis  to  the  elutriicter  llie  vessel 
enjoyed  in  (lie  port  of  Liverpool.  He  snid  that  ihv,  e\idene(!  failed  lo 
satislyhiiM  that  I  he  sli'amer  (leor^iu  woidd  heajiain  used  I'oi' lu'liijicicnt 
puiposes;  and  he  added  Ihat,  "with  a  view  to  prevent  tiie  I'eeunciiee 
nl  any  (piesti<»n  such  as  that  whieh  hasaiiseii  in  (he  ease  of  the  (leoi;;iii, 
ili'i-  ^l.ijes(y's  (loN'ernnieid  have  ^iven  diiei-dons  that  in  future  noslii|» 
(»f  war,  ol  eilher  l»elli^c!('n(,  shall  he  allowed  to  be  hrouj^ld  into  aiiy  of 
Jlcr  Majt'sty's  por(s  (or  the  purpose  of  hcinj;  disnumtled  or  sold."" 

'I'his  iernMna(e«l  (he  discussion  on  thtMpU'stions  raised  Uy  IMr.  Adams. 
A  U'w  days  later,  the  career  of  (lu^  (leor^ia  itsell'  was  terndnated  hy  its 
captur<'  by  (he  I'nded  S(ates  vessel  of  war  Miayara. 

'llie  l'ni(e<l  States  ask  (he  Tril)unal  of  iVrbitration  to  also  eer- 
tily  as  to  (his  vessel,  (hat  (lrea(  ljrii*ain  has,  by  its  acts  and  [I07J 
oudssions,  failed  lo  fuKill  the  duties  set  forth  in  the  three  rules  of 
(he  sixth  ardcle  of  the  Treaty,  or  recoj;ni/.ed  by  (he  i)rincii>les  of  Inter- 
national Law  not  inconsistent  with  such  rules.  Should  (he  Trilmiiiil 
exercise  (he  ))ower  cont'ened  upon  it  by  ArtieU^  VI 1  of  (he  Treaty,  to 
award  a  sum  in  j;n)ss  to  be  paid  (o  the  ITid(cd  States,  lliey  ask  that,  in 
consid(  rini;'  the  amount  to  be  awanled,  the  lossi^s  of  the  United  States 
and  of  individuals,  and  (he  expens*^  to  which  the  Uidted  S{ates  were  put 
in  (he  pursuit  and  capture  of  th<'  {Jeor}4ia,  may  be  taken  into  acciuint. 

Tiu'y  ask  this,  in  addition  to  (he  ficnera!  reasons  already  assijj;ned.  lor 
the  followni;;'  reasons  applicable  to  this  ]>ar(icular  vessel : 

1.  Thai,  (hou;j;h  nonunfflly  cruising-  uiuler  the  insurgent  lla;^;',  and  uider 
the  direedon  of  an  insur^'eid  oliicer,  (he  (leor;;ia  was  essentially  a  !!rii- 
ish  vessel.  The  evidence  on  (liis  point  c  not  be  better  stated  (liaii  in 
(he  W(U(ls  to  which  ."Mr.  Thomas  iJarinj^-  ^.ive  the  j^rcat  uci^ht  (»!'  liis 
name  in  the  House  of  Commons.  When  she  retuined  (o  Ijiverpool,  in 
.May,  I.sdt,  she  was  received  as  u  Uritish  vessel,  i\lr.  A<lams's  inipiiiies 
of  I'^iirl  Uusscll  failed  to  elicit  a  response  (liat  ^^he  was  not.  No  .-teiis 
were  taken  a.i;ainst  her  or  ai^ainst  the  i)arties  iDiK-i-rncd  in  (i(tin,u  her 
out,  e()uipj)in.!;'  and  arndnj;  her.  or  a,uains(  any  oni'  concernt'd  in 
(he  (K'struction  of  the  ■{'ommer(;e  of  the  L'nitcd  SlaU's,  with  the  [HIS] 
c\cei>tionof  the  proceedings  as  to  enlistments.  The  I'nited  States 
insist  (hat  l)y  reason  of  the  ori,i;in  and  history  <.f  the  vesxl,  and  by  rea- 
son of  this  nef'li^cnce  of  llei'  ]Majes(y's  (lo\-eru:aen(,  (Ireat  Ihitnia 
(lecame  Justly  liable  to  the  L'luted  States  for  (!ie  injuries  done  by  tlii^ 
vessel. 

L*.  (Jrcat  IJritaiu  did  not  use  «lue  dili,L;ence  to  jKt'Vent  the  (i(liM.!4();it 
;;nd  c(H'.ippinj4'  of  the  (ieor;;iii  within  its  JurisdicLoii.  It  was  no(oiioiis 
I  hat  she  was  beiui;'  constructed  lor  use  under  tl);'  ii:sLir!;i'n(  lla;^'.  /'N-' 
llic  cjiract  J'niiii  ike  Xiivs,  ami  i'lidcra-oixCs  (!!:^:p(iit  li.J  lier  littiuj^s  we.v 
of  such  a  nature  and  character  as  to  have  allbrdv.!  <:f  themselves  a  iva- 
und  to  believe  (hat  she  was  iideiidetl  tj  <  liiise  or  [o  c.nr\  i>n 


sonaoi 


:io 


iiat  war  was  to 


war;  and  her  destination  I'endei'cd  it  certain  iUu 

cariied  on  aj;ainst  the  L'nitcd  States.     It  was  th.  refore  the  duty  of 

(iicat  Uritaiu  to  prevent  her  dei)arture  from  the  Tiyde. 

;>.  It  was  the  duty  of  Her  ^iajesty's  Government,  on   (he  receipt  of 
Mr.  Adams's  note  of  the  .Sth  of  April,  to  take  the  most  eliectual  measiii 
which  the  law  aduiitted  of  Ibr  <lefeatin<>'  the  attempt  to  lit  (Uit  the  CJciir^ 
I'om  a  British  port.  Lord  liusselhuhnitted  this  meastnc  of  «luty  in  his  reply 


es 
ria 


to  ;\Ir.  Adams's  note.  The 


;ussel 

nu»st  eliectual,  and  in  fact  the  only  effect- 


ual remedy,  was  not*taken,sofarasknown  to  the  United  State; 


iii('asiii«» 


'  Eail  Russell  to  Mr.  Adams,  Vol.  II,  page  719 ;  Vol.  VI,  page  CoO. 


THE    TALLAHASSEE. 


1G3 


Vossclsof  wiir<lispiit('In'(l  IVoin  Plyiiioiitli  wnd  Poitsniontli,  iniino«liately 
on  tlic  r('('('ii>t  of  Mr.  A<l;iins's  iKitc,  into  tlic  Wiitcis  ;il>oiit  Hrrst  iind 
the  CliiiiiiK'!  Isliimls,  would  liiivc  iillordcd  )i  comiilctc  I't'iiu'dy.  This 
\v;iH  ;i  iiiciisiirc  siiiit'lioiicd  hy  Ilritisli  iMcccdciit  iind  l)y  IJritisli  law. 
[.SVr  the  Tvtrvim  caxa,  ahorr  vilnl.]  Tlic  lailiirc  to  adopt  tliat  "t'llrctnul 
iiiciisiiic,"  taken  in  connection  wilh  llie  ori^iinai  litliiiu,"  out  and  e(ini|»- 
pinn' of  tln^  (leoi'fiia,  in  the  Clyde,  and  wiiii  tlie  arming-  iier  throiiyli  th(? 
Alar,  iit  Newliaven,  constitnte  a  violation  of  the  dnties  of  (Ireat  Uritaiu 
;is  a  nentral  toward  tlie  I'niled  Stales,  which  entails  upon  it  the  oldi.^a- 
tioii  to  niak(^  fall  compensation  for  the  injnries  caused  l)y  the  acts  of  tlio 
(U'(»r!,da. 

[.  When  tliedeorijia  ariived  at  ('ape  Town,  (li'cat  P.ritain  failed  to 
detain  her.  This  .,as  a  violation  of  tin-  dnties  of  a  neutral  as  set  forth 
in  the  second  clause  of  thc^  lirst  rule  of  the  Treaty  of  NVashiny;tou. 


Tin:  TALLAnASSIOK,  OR  TIIK  OLUSTKE. 

TlieTalIalnisse<'  was  "a  Uritisli  .steamer  litted  out  from  London  to  play 
the  pai't  of  a  privateer  out  of  Wihninj^ton.'''     She  was     ri>rT  i!.h,.,r-or 
[HO]    orii^inally  called  the  ^Atlaida.-    Tuder  that  name  she    """■"•'" 

ariive(lin  Peiinuda  IVoni  ICn/^Iand  on  the  ISih  day  of  Aiiril.  ISOt. 
She  made  two  trips  as  a  blockade-runner  between  there  and  Wilmin;;ton, 
1111(1  then  went  out  \\n'  a  eruist'  as  a  vessel  «>f  war.  llev  captures  wei'c, 
Ijiiiicipally  made  under  the  name  ol'lhe  Tallaliassee.  Some  were  made 
iiiidcr  the  name  of  tbe()liisl"e.  It  is  not  (pute  clear  whether  she  made  two 
tiiiis,  one  Tinder  each  Jiiiiie,  or  whetiier  tlie  name  was  chanji'cd  in  one 
tvip,  in  ordei'  to  blind  the  jtursuers.'  On  t!ie  IDth  oi'  Anj^ust,  ISIIl,  she. 
arrived  in  Ilalil'ax.  after  (h'stroyiu^n"  several  vessels  near  Cape  Sable. 
The  Ceiisiil  of  the  I'nited  States  al  Halifax  reported  her  a  '•  about  six; 
liiiiidicd  ttjus  biu'deii,"'  '^an  iron  double  screw  steamer,''  havinji'  "alxnit 
one  hundred  and  twenty  nu'U.''^  Ib^  also  said  that  the  insuru'cnts  hail 
('Still ilislied  a  coal  depot  there.  On  arrival,  the  otlicer  in  command 
fiillcd  upon  the  Admiial  and  Lieutenant  (loveruor.  lie  jiives  the  fol- 
lowiii;^- account  of  what  took  place:  "  .Aly  reception  by  tlus  first  [tho 
AdiiiiralJ  was  very  cidd  and  uncivil;  that  of  the  (loveiiior  less  so.  [ 
Mated  that  I  was  iii  want  of  coal,  and  that  as  soon  as  I  could  fdl  up  E 
Viould  {;■(»  to  sea;  that  it  would  take  from  two  to  thn'o  days.  No 
[IllJ  objection  was  made  attlie*tinie — if  tli:'re  had  betui  I  was  pro- 
pared  to  demand  f(!rty-eif;ht  Ii!>u'.s  for  repairs.  The  (Joveni.or 
;isk(Ml  me  to  call  m»xt  day,  ami  let  him  laiow  how  I  was  pro;j;'ressinm', 
;iii(l  when  I  W(udd  leave.  I  did  so,  and  llien  was  told  tlial  he 
piised  that  I  was  still  in  jjort  ;  that  we  must  leave  at  once;  that 
'iiidd  leave  the  harbor  with  only  one  hundred  tons  of  coal  on  board.  £ 
jiidtcsted  a,!;'ainst  this,  as  Ix  in;;-  utterly  iiisuflieient.  lie  lojditd  that 
the  Adnnral  had  rei)orted  tliat  (jnantity  snliicient  (and  in  siicli  ma  t  rs 
he  iiuist  be,  jjovenHMl  by  his  statement)  to  run  the  ship  to  Wilmin';t  ii. 
Tlie  Admiral  had  obtained  this  inl'orniiition  by  sendini;'  on  board  l.iireo 
t»t'  liis  oflicers,  ost<nisibly  to  h)ok  at  our  machinery  and  the  twin-screw, 
a  new  system,  but  really  to  ascertain  the  quantity  of  coal  on  board,  that 
hurnal  daily,  &c.    ♦     *    I  am  under  many  obli<;utions  to  our  ajjent,  JNIr. 


.w:'S  snr- 


wo 


'  Mr.  Adams  to  Eiul  lliisstll,  Vol.  I,  ))agc  ;09 :  Sco  Vol.  VI,  pago  72.S. 

=  MoiH«}  to  Sewaid,  Vol.  VI,  piigo  I'JH. 

»  Hoiclmm's  affidavit,  Vol.  VI,  page  732. 

<Mr.  Jackson  to  Mr.  Soward,  lUth  August,  1864,  Vol.  VI,  page  728. 


164 


INSURGENT  CRUISERS. 


Weir,  for  transactinff  our  bii.siiioHs,  and  tlirouj;li  his  inanagoiiu'iit  about 
onu  hiiiulrod  and  tw(>nt.v  tons  of  coal  wtue  put  aboard  instead  of  Imli 
tiuit  quantity.  *  *  llad  1  proeureil  the  coal  needed  1  intended  to  iinvt 
struck  tlu;  <'oast  at  the  capes  of  tlu^  Dehiware,  and  foUowed  it  down 
to  (Jape  Fear,  but  L  ha<l  only  coal  enough  to  reach  Wilmington  on  tin* 
night  of  the  LTitli."' 

Had  the  IJritish  authoriti(>s  at  Nassau,  ]t<'nnu<la,  ^Harbadoes,  [llL'j 
Cape  Town,  Melbourne,  and  other  colonial  p«uts,  jiursued  the 
sauu!  course  that  the  Lieutenant  Clovernor  at  Halifax  <lid,  under  tin- 
wise  advice  of  the  Admiral,  the  grievances  of  the  United  States  would 
have  been  much  less,  and  this  case  would  have  been  shorter  by  many 
jiagea.  The  lirst  tinu>  that  the  rule  of  January  .'Jlst,  I.SGL*,  as  to  tlu'  sup 
]»Iy  of  coal,  was  fairly  carried  out,  the  operations  of  the  insurgent  cruiser, 
to  which  it  was  applied,  were  arrested  on  the  spot,  and  the  vessel  was 
obliged  to  run  for  a  home  port. 

The  Tallahassee  apparently  remained  in"\Vilmingt(U»  for  some  months. 
On  the  13th  of  January,  18()."5,  she  arrived  in  liernnula  again,  under  tin* 
name  of  the  Chameleon.  On  the  l!)th  she  sailed  again,  taking  a  <'ai^() 
to  Liverpool,  where  at  the  close  of  the  war  she  was  claimed  by  the  United 
States. 

From  the  fact  that  she  was  fitted  out  in  London  to  be  used  as  a  i)ii- 
vateer  from  Wilmington,  and  that  she  did  go  out  from  Wilmington  witii 
what  pur])orted  to  be  a  commission  from  the  insurgent  authiuities,  and 
did  prey  upon  the  commerce  of  the  United  States,  and  Ibr  the  reasons 
already  given,  the  United  States  ask  the  Tribunal  to  lind  and  ('crtily 
as  to  this  vessel  as  they  have  been  asked  to  lind  and  certify  as  to 
the  SHUiter  and  the  Nashville,  the  Florida  and  the  Alabama,  and  the 
Georgia. 


♦THE  CHICKAiyrAUGA. 


f4iaj 


Among  the  new  British-built  blockade-runners  reported  by  the  United 
States  Consul  at  liiverpool  on  the  5th  of  March,  1804,  was 
ic  aroauga.  « ^j^p  jj^jiti,  ng^y  doublcsiaew  ;  two  pole-masts;  forei-astlc 
raised  one  foot  higher  than  bulwark  ;  two  funnels ;  marked  to  draw  nine 
leet  forward  and  ten  aft;  no  figure-head."^  She  arrived  at  Bermuda 
from  England,  on  the  7th  day  of  April,  ISOt.  On  the  23d  of  the  t(dlow 
ing  June  she  sailed  for  AVilmington,  and  on  the  7th  of  the  next  .lulv 
arrived  from  there  with  co.ttou.  On  th<»  23d  of  July  she  again  went  to 
Wilmington. 

The  Eilith  was  one  of  that  class  of  blockade-runners,  like  the  Talla 
liassee,  which  was  owned  by  the  insurgent  authorities.  In  the  year  ISlit 
other  parties  as  svell  as  the  insurgent  authorities  were  largely  engaged 
in  the  business  of  running  cotton  out  of  the  blockaded  jmrts.  Thus, 
in  the  quarter  in  which  the  Edith  left  Liverpool,  34,754  bales  of  cotton 
were  im[)orted  into  Liverpool  from  the  Southern  States,  via  Bernnida, 
Nassau,  Havana,  andMatamoras,  of  which  only  7,874  were  consigned  to 
Fraser,  Treuholm  &  Co.'"  The  Edith,  however,  was  a  vessel  be- 
longing to  the  ♦so-called  government  at  liichmond,  and,  being  [414] 
found  to  be  fast,  and  adapted  for  the  sort  of  war  that  was  can'ied 

f  Wowl  to  Mallory,  3l8t  August,  1864,  Vol.  VI,  page  729. 

'Manuscripts  iu  Dupartuiuut  of  State ;  84i<3  Vol.  VI,  iiages  723-4-5. 

'Dudley  to  Seward,  Ut  April,  18G4.    Only  097  balett  eame  by  way  of  Havana. 


THE   SHENANDOAH. 


165 


on  iif,'iiin.st  tlio  rominorco  of  tlio  T^iiitcd  Statfs,  it  was  drtcrmiiuMl  to  put 
her  ill  roiniuissioii  as  a  man ot-war. 

Till*  attention  of  the  Trihiuial  of  Arbitration  is  invitcil  to  tlu>  facilo 
iiiama'r  in  wliicli  tlicso  vrssris  wvw  iM'iiniftcd  to  a«lapt  tlH'nis«'Iv«'s  t(» 
('iiriiiiistann's.    Tin'  Siunti'i"  cniiscd  as  a  man-of-war,  ami  rrrrivnl  lios- 
|iitiiliti«'S  as  sncli.     SIm'  was  iillowcd  to iliaiiyo  Jn'r cliararti'r  in  a  IJritisli 
|ioit,:iiiil  then  to  siiii  nmlcr  tlii^  Lhitish  lla^^as  a  hlockatlc-ninncr, owned  j 
;iii(l  «»p<'ratt'(l  by  tin*  insnryentH.    The  saimj  tliinff  would  undoubtedly  ' 
Iiave  been  done  with   the  (leor<;ia  had  she  not  been  <'aptnred  by  the 
Ni;ijrara.    The  Atlanta  stait«'tl  her  career  as  a  bloekatle-innner,  owned  ' 
liy  tlie  insnrp'iits;  slu-  was  converted  into  a  man-of-war  und(>r  the  name 
oi' tlieTallahass«'e.    When  unable  to  ])invsue  furtlu'rher  work  of  «lestrue- 
tidii,  she  1)ecanie  a^ain  a  carrier  for  the  benelit  of  the  insur};ents,  and 
wiis  accepted  by  (Ireat  Ihitaiu  in  her  now  churacter.    The  Kdith  wi»s 
now  to  go  through  similar  transformations. 

On  the  17th  of  September  she  was  in  commission  as  a  man  of  war. 
Between  that  date  and  the  liSth  of  October  she  took  on  board  large 
[415J  supplies  of  coal  Irom  blo«'ka<le-runners.  On  the  L'Stli  •of  (hrtober, 
having  wai^etl  for  a  month  for  a  night  dark  enough  to  run  the 
blockade,  she  ])ut  to  sea  from  Wilmington,  and  ran  northward  toward 
Long  Island.  On  the  .{Otli  she  destn)yed  the  bark  Mark  L.  Potter,  of 
lliingor,  Maine;  <mj  the  .'{1st,  the  I'^mily  L.  Hall,  the  Shooting  Star,  tliC! 
(loodspeetl,  and  the  Otter  Koch,  all  vessels  under  the  tlag  of  the  I'liited 
Stiites;  on  the  L'd  of  November,  the  bark  Speedwell,  also  a  vessel  uf 
the  Tiiited  States  ;  jmd  on  the  7th  of  November  she  reached  Bermuda. 
On  tlie  Sth  of  November  she  was  allowed  to  come  into  the  harluu',  and 
li('iinissi»)n  was  given  for  a  stay  of  live  days  for  repairs,  and  als»)  to  take 
on  board  twenty-tive  tons  of  coal,  although  siie  had  at  that  time  one- 
limidredttms  in  her  bunkers.  She  actually  staid  seven  days,  and  took 
nil  board  eighty-two  tons.'  On  the  ir>th  of  November  she  sailed  Iroui 
llt'iimida,  and  on  the  l!>th  arrive<l  at  Wilmington. 

For  the  reason  alreatly  given  the  United  States  ask  the  Tiibunal,  as 
to  tills  vessel,  to  lind  anil  rrrtily  as  they  have  been  aski'd  to  lind  and 
ct'itiiy  as  to  the  Sumter,  the  Nashville,  the  Florida,  the  Alabama,  the 
tii'orgia,  and  the  Tallahassee. 


[41G] 


•THE  SHENANDOAH. 


The  Slirnandwib. 


The  British  steamer  Sea  King,  a  merchant-vessel  which  had  belonged 
to  a  Boud>ay  Company,  and  had  been  employed  in  the  East 
India  trade,'^  was  "  a  long  rakish  vessel  of  seven  hundred 
iiul  ninety  tons  register,  with  an  auxiliary  engine  of  two  hundre<l  and 
wenty  nominal  horsepower,  with  which  she  was  capable  of  steaming 
vn  knots  an  hour.  She  was  the  handiwork  of  celebrated  builders  on 
the  river  Clyde,  iu  Scotland,  and  had  made  one  voyage  to  New  Zealaiul 
us  a  transport  for  British  troops,  when  she  proved  herself  one  of  the 
tastest  vessels  afloat,  her  log  showing  at  times  over  three  hundred  and 
twenty  miles  in  twenty-four  hours."^ 

In  the  year  18G3,  before  the  voyage  to  New  Zealand,  Mr.  Dudley  had 
seen  her  at  Glasgow,  and  bad  reported  her  as  a  most  likely  steamer  for 
tlie  purposes  of  a  privateer.* 

'  ManuM-ript  dairy  in  tho  Department  of  State. 

*  Bernard's  British  Ncutralty,  page  359. 

=•  Crniso  of  the  Shenandoah,  pa^e  9. 

•*  Dudley  to  Seward  and  Morec  to  Seward,  Vol.  VI,  page  555. 


166 


INSURGENT   CltlTISKRS. 


Tin:    RIIKNAXDOAII. 


16^ 


wv':ht:  linvc  :ini\'><1  nt  flic  siuiKM-niK'lusioi!,  ;ni(1   nii;,'lit  liavcdctiiiiK d 
1)1)1  !i  >liii)s. 

TIk'  ;ii>t»!»itit('(l  ))I:ici'  of  iiiccfiim'  was  tlic  linihor  of  I'^inicliiil.  in  llii» 
jsi.uifl  of  .M;i<l(>i;;i.  Thi'  L:mi'i'l  ;irriv<'(l  tlici'*'  luo  dii.vs  in  jidvaiicc  «»f 
jIic  Si'Ji  Kiii;ji.'  'JMic  l.itic!' vessel  liiul  eiilistc'l  its  erew  '•  !'nr  ;i  \().\ii}4t' 
to  !'ii)i;il>:iy  oi-  ;mi.v  port  lA'  the  Iiiilian  ()ee:iii.  <'liiii:i  Sciis.  or  .liii):iii,  lor 
.!  tirni  not  toexeeed  I  wo  .veiirs.""-  Slic  'Mvent  <!o',vn  t!ie  l]n.t;lisli  Cliiiii 
lie!  tniiler  ste:ii!'  ;ni(i  sail,  and  wlien  oft'  hiind's  llnd  she  w;is  i)nt  nndei' 
iccl'cd  ejinvjis."  and  so  <-ontiini('d  to  .Madeira.     She  was  fully  ri^ucil  Ibr 

saiiinir.  nnd  her  sicani  was  iniended  only  as  an  auxiliary. 
jL'd]  The  Sea  Kiii-^  arrived  olf  l"nne!ial  the  ni;;ht  of  Mhe  IDth.'  Tlie 
I.aniel.  on  ihe  niornin,u'  of  t!ie  L'dii!.  eaiue  out  to  mi-e!  her,  ••  w  ilh 
n  fill'  lieail  ol'  st'-an:  on  :'"  signaled  her  to  lonnd  the  Deserias,  a  barren 
ni('k,\  island  lyin;.;"  near  Madeira  :  and  proeeeded  to  the  ))Iaee  of  ren- 
(ic/vtais,  tlie  Sea  Iviin;  Ibllowin;;'  in  Ihe  wake.' 

'•  Taekh  s  were  at  once  p)t  aloft  on  Itoih  vessels,  and  they  eoinnieiieed 
(ipciaiions  l»y  lii-st  Iraiisferrin.n'  from  lh(>  liauic!  to  Ihe  Sea  Kini;  the 
licav;.  .unns."  "  .\\  tiie  expiralioe  of  thirty-six  hou!.'  the  transfer  was 
itVt'ited.  and  the  ninnil  ions  of  wai',  clot  hin.y.  and  stoi  s,  witii  whieh  the 
Linnc!  had  l)e<ii  laden,  \vei'e  piled  ir.  ntter  contusion  on  Ihe  <lce!;s  and 
in  t!)  •  hold  of  the  Sea  Kin;j;.  v.hieh  was  to  i)<'ar  that  nain<'  no  more."' 
Tlicv-'look  i'a  ironi  the  lianrcl  cijiiit  cannon.  \i/,  six  lar;:e  and  two 
.sill. ill.  with  tlieir  .■arria.ucs.  illie  jirnns  were  called  tis  pounders :)  a  <|nan 
lity  of  powder,  mnskets.  )»!stois,  shot  ami  shell  ;  clothin;;'.  and  a  (plan- 
lity  of  othei-  stores,  and  also  a  nnnnlity  of  coals."" 

Corhett    then   came  foi-waid   and  announced  a  |>reten«led  sale  of  the 

vi's^el.  (the  I'cal  sale  !;a\  iii;^'  (akeii  place  in  London.)  and  tried  to  induce 

he   men  who  had   ('iilisled   to  sail  in  tiic  Sea  Ivinj;' to  continue 

jlL'lj    tln'ir  coiitrael  in  Ihe  She;iandoah.      The   ''eondnet  of  I  his  peison 

was  so  palpably  a  \  ioiation  of  !  he  I'orei.uii   I'nlistmeiit  Act   that 

;'u'  Ihitish  Consul  at    l''uncha!  >ciil    him  home  as  a   prisoner,  aecoin- 

i/iiirdhy  <leposiii(  ns  to  prove  his  ^iiilt.'      < 'aptain  Waddell.   lln-   new 

('iiiiiiiiiader  in  the  place  of  Coii-ett,  made  a  speech.  ••  which  was  recci\- 

rd  with  hut  little  eiiihiciasm   I'roni   the   nmjnrily  of  those  w  ho   listened 

in  ililll."  ■ 


}■{ 


*'()ni  of  ciuhly  twcntylhree  only  easi  mi  t  heir  lots  w  il  h  tin* 
•w  ( riiisei-."'  When  the  Shenandoah  lell  ihe  l.a.urel  her  ••  olliceis  and 
c.cw  only  nnmlwred  fori  \ -two  souls,  less  than  hall  her  rcjiular  comple- 
meat."'"     This  ol>li.^cd  her  '•  to  dcpfiid  upon  her  an\iliar\  en'.:ine." 

N\'lien  the  news  ol'  these  procei  (hnps  was  Inlly  knov,  n  in  London,  Mr. 
-Vi'.a'iis  hrou,iiht  the  snhjecl  to  the  notice  (?f  ICail  K'us.scll."  In  a  suIksc- 
•jiiciii  Mile  he  referred  to  this  fact  in  the  loliowinu'  lan.iiua;^*' : '- 

••Oil   ihe    JSth  of  N(>\i'i:d)er,  iMil,  I    had   the   honor  to  transmit    lo 

Vdiir  Leidshrp  certain  evidence  wliii'h  went  I o  show  that   on   the  SIh  of 

<>iloi'<'r  preceding;  a   steamer  had    I-eeii   dispatched,   under   the 

;l.'.i    Ihitish  llaji,  from   I/»ndon,  called  tlu'  "fcjca  Kin;;,  with  ;i  view  lu 


■  I  niisr  (.('  (lie  Sllcll.'lllihial) 


I'.l. 


Illl-. 


I'.llisiiiis  iilllihu  it.  \  III.  III.  p.iiji'  :i."i'.) ;  ^■|>1.  \l.  i)a;;<'  •""'ll. 

llanisV  iililiilii\  it.  NO!.  Ill,  imui- 1!('>;>:   Vol.  \'l.  |t.i^'i'  ">"'l. 
'(  rmsf  ol"  the  .Sliiiiiiniloitli.  |i:ij;i's  !1».  •JO. 
■('    :iM>  of  llir  Slx-liiMiilii:)!).  pii;:;!' ',M. 

Vn|.  Ill,  jiiipi  ;!i;:; ;    Vol.  \1,  |i;ii;o  .>!).     Sec  jiIm)    llic   otlliM    illlltlavil.-.  wliiill  follDW 

\"l.  \  !.  {•Hlfto  iu'i. 

'riilsi'ol  III)*  Sliri);n)i1o.n1i,  jmitc 'i2. 
'(  iiiiHcof  till'  SI)ciiiiii(loiili,  |ia;;i> '.ilt. 
't  iMJM'ol'  ti)c  SiiiMluililoiili,  j»M;jr^JI. 
'  Aifiinn  to  l{ii*M-ll,  Vol.  Ill,  jiuK"'  :WU 

^iiiiii'  to  Ktiiuu,  Vol.  Ill,  inigv  377. 


i 


1G8 


INSURGENT  CRUISERS. 


nict't  jinntlui  sNaiiKT,  ciilK'd  tlic  Liimrl,  likewise  beaiiii};  that  flaf;, 
(Iis|)iil(li(  <l  tiiiiii  Livei|Miol  on  tlie  Otli  ot'  tiie  same  inontli,  at  souk 
point  ii»;ir  liie  islainl  of  Mjideira.  These  vessels  were  at  tlie  time  nj 
sailiii;^  e«|ui|t|ie«l  and  iiiaiineil  liy  IJiitisli  suhjects;  yet  tliey  were  sent 
(lilt  with  anus,  iniiiiitioiis  of  war,  supplies,  ol'Heers,  and  enlisted  nifii, 
tor  the  pnt  pnsr  ot°  initiating'  a  hostile  enter|)ris(>  to  ihe  peo))le  ot'  tin- 
I'nited  States,  with  whom  ilii-at  IJritain  was  at  the  time  under  soltiiiu 
ol»li;^ations  to  preserve  the  jieaee. 

"It  lurtliei-  apjiears  ihat.oM  or  about  the  IStli  of  the  same  inontli, 
these  \cssels  m«-t  ;it  the  phu-e  a<;ree<l  upon,  and  tlier«'  tl-e  iJritish  cuiii- 
mander  of  the  Sea  Kiny:  iwiuW  a  jnivate  transii-r  of  the  Vi'ssel  ton 
|»erson  of  whom  he  then  declared  to  the  er»'W  his  kiM)wled;;e  that  he  was 
alioMt  to  endtark  on  an  f\pedilion  of  the  kind  deserilietl.  Thus  know  jn^r 
its  natuns  lu'  nevertheless  went  on  to  wvin-  these  seamen,  heinj;'  JJiitisli 
subjects  themselves,  to  enlist  as  inendtcis  t)f  it. 

^*  It  is  also  clear  that  a  transfer  then  took  place  from  the  llritisli  hark 
Laurel  of  the  arms  «tf  every  kiml  \vi(!i  which  she  was  laden,  for  liiis 
same  ol>jt>et  ;  and  lastly,  of  a  lunnlier  of  persons,  some  callin<;  tlteiii- 
selves  ollieers.  who  hail  been  bi'ouinht  from  Liverpool  expressly 
to  take  part  in  the  enter*prise.  Of  these  last  a  i-onsidcrable  |L'l; 
portion  consisted  of  the  very  same  |)ersons,  many  of  them  Ibitish 
sulijecls.  wh»»  had  been  rescued  from  the  waves  by  Ibilish  intervention 
at  the  moment  when  they  tiad  snrrenderetl  trom  the  sinkin;;  Alaltaiim. 
the  lacvious  history  of  which  is  but  too  well  known  to  your  Lordslii|t. 

"  Thus  e<|nipped.  fitted  out,  and  armed  Irom  (ireat  Ibitain,  the  >ii<'- 
cess(»r  to  the  destroyt'd  cor>air,  now  assiimin;^  the  name  of  the  Sheiian 
doah,  th<»u;4h  in  ii<»  other  i-espects  chan^in.u'  its  Itritish  ('haractcr. 
adilnssed  il>elf  at  «)nc«'  to  the  work  for  whicli  it  had  been  inteiitlcii. 
W  no  lime  in  her  lal«-r  career  has  she  »'ver  rt-ached  a  port  of  the  eomitiv 
wliicii  her  commander  has  pretended  to  represent.  .\t  no  instance  ii:i> 
she  earnetl  anv  national  chaiacterist  ic  other  than  that  witli  which  sin' 
started  Irom  (Ireat  Ibilain.  She  has  thus  tar  roame<l  over  the  occii: 
ree<*ivin;^  her  sole  protect i«>n  a;;ainst  the  <-onse(piences  of  the  iiioM 
piratical  acts  tVom  the  uifl  of  a  nominal  title  which  (ireat  Ibilain  liiM 
liest«)vved  upon  her  <-ont rivers,  and  then  reeo^ni/ed  as  legit imal in;;  iluii 
suiM'essful  fraud.'' 

it   is  not   necessary  to  follow  in  detail  the  cruise  of  the  Sheimndoali 
from  Madeira  to  Melbourne,     it  is  eniMigh  to  say  that   it  lasted 
ninety  days,'  •during  which  time  sevend  vessels  of  tln^  nu'ichaiit    fUM) 
marine   of    the    I'liitecl    States    wt-re   <lestroyed,    with    valuable 
cargoes.     On    Ihe   L'.">th   of  .lanuary,    lS(i,"»,  hin    "dropped   anchor  oil 
Sandiidge.  a  small  town  aiMiut  two  miles  from  Melbourm*.''- 

"Tlie  Novendx'r  mail  fiom  lasrope,  wlii(h  arrived  at  l\[elhfnirne  aboMt 
the  middle  of  .faniiary.  had  brought  the  news  that  the  Sea  King  li.nl 
left  l-aiglaiid  with  the  iideiition  of  being  (converted  into  a  war  vessel  to 


cruis4'  against  the  commerce  of  tiie  Lnited  States. 


Suspicions  were 


at  once  aroused  that  the  nevvlv  arrived  man-ofvvai  under  the  insiugciii 
flag  was  no  other  than  the  Sea  King;  suspicions  vvhi«'h  were  ccmhriiicil 
by  the  statements  of  the  prisoners  froiii  the  eaptuicd  vt'ssels,  and  hy 
others.' 


'  ('riiiw  of  tile  Sli('n:iiiil<iaii,  pa^jc  I'H. 


%    iiiiiM     I'l      1111     I    111   iit»ii«i« '(III,    I'l'fi^^      •'<*• 

■  ('riiiM<  of  tlu-  Slit'iiaiuioali,  oa^e  tM. 

^  ItlamlinnI  l.<  S.-\varil.  V..1.  III.  jmu."  :JHt;  Vol.  VI.  paRC  .VH. 

<Si<"  (IrposiiidiiH  in  Vol.  Ill,  on  pa^jis  :V.«>,  (01,  '.\)-2,  lO.'.,  4(17,  niul  117.  Tln>  h:iiin' 
(lepohitionn  niav  Ih'  I'ihiiuI  in  \'nl.  \'l.  riii.H  )H)inl  i>ppi>ai'sto  liavti  luu-n  Heltltd  brjuud 
«lonl)t.     tk-e  cxtrait  fioui  Mi-llMtuiin-  IliiaM,  Vol.  VI,  paj{»'  i^'A), 


THE   HHENANDOAH. 


169 


sill' 

f!i; 

lit'ii 
tloah 


•Vdiul 


TIk   Consul  of  tlic  T^iiitod  States  iipix'iirs  to  Imvo  nctod  with  both 
ti'sy  and  vij^or.     He  ]>hif«'(l  bcloic  the  authorities  all  the  infoinia- 


iKur 

iKin  in  his  possession,  tending;'  to  show  the  illeinal  oiij;in  «»f  the  vessel, 

;!ii(l  llie  liabilities  which  she  was  iniitosinf^-  upon  (Ireat  Krifain  I>y  her 

depredations  on   the  eoiMnieice  ol"  the  I'nited  Slates.'     Me  told 
iL'.'iJ    the  (ioveinor  that  the  "  Shenandoah,  alias  Si-a  *Kin;^-,*'  had  nev<'i' 

••enteicd  a  port  ol"  the  so-st,vled  ("onl'edeiatc  States  loi'  the  pnr- 
|M(S('s  of  naturali/.atioti,  an<l  eonsecpienllv  was  not  entitled  to  belligerent 
ijolits;"-  ami  that    the  table  service,  plate,  «S:»'.,  on  the  vessel  all  bore 


ihc  mark  ol'  "  Sea  Kinj 


lie  earnesilv  nr"('<l  that  "after  the  severest 


Mriitiny  it  shoidd  be  tieternuned  if  this  vessel  and  crew  are  entitled  t<» 
the  rights  of  bellijicrency,  or  whether  the  vi'ssel  should  not  be  dc- 
laiiied  until  the  facts  can  be  duly  investiyated " '  When  he  loinid 
that,  in  spite  of  his  remonstrances  and  of  tln^  proof  of  her  character. 
It  had  lieen  <lecided  that  the  Shenandoah  should  be  repaired,  and 
slioiild  he  allowed  to  take  in  supplies  ami  coals,  hi^  i)rotested  "  in 
liclialf  (»f  his  (i(»veruinent  against  the  aid,  comfort,  ami  refujic"  e\- 
iriided  to  her.'  When  In-  was  inlbrnu'd  that  the  (Jovi-rnor  had  come 
to  the  decision  "that  whatever  nniy  be  the  previous  history  of  thi^ 
Sliciiaiitioah,  the  (l()vernnient  of  the  Colony  is  bound  to  treat  her 
as  a  sliip  of  war  belon^iiii:  '<»  n  belli^icrent  I'ower,"  he  protested  afresh, 
and  notiiied  the  CJovermir '"that  the  United  States  will  claim  indenuiity 
I'la' the  dama;'es  already  done  to  its  shippin.u-  by  said  vessel,  and  als<» 
which  niiy  hereafter  1m>  committed  il  allowed  to  dt'part  from 
12(!|  •this  iMUt/'^  II(^  placed  in  the  hamis  «>f  the  Attoriu'y  (b'lu'ral 
eoMclwsive  "e\idence  to  estaldish  that  the  Siienandoah  is  in  tavt 
ilic  Sea  Kin;.;'."''  AN'hen  it  came  tt>  his  kno  Aixi'  that  W  a«hiell  was 
ralistiny;;      '<'W  in  Melbourne  for  the  Shenamluali,  he  put  tlu^  proof  «)f 

at  (UK-  1'.;  the  hands  of  the  (ioveriior."  Wlien  he  heaid  that  .she 
uas  ta!Jn;>' coal  on  board  he  communii'ated  that  iact  also.'  l-'rom  the 
lM-;;iniini;;' of  the  visit  of  the  Shenamloah  at  Melbourne  to  the  Imur  of 
lur  departure,  this  ollicer  was  constant  in  his  \  i;.;ilance,  ami  in  his 
iliiirts  to  aid  the  Ibitish  autluuities  in  the  iierlbrmance  ol  their  duties, 
lis  the  H'preseiitatives  of  a  m'Utral  initi«»n. 

As  soon  as  she  arrived,  almost  Iiefoie  her  ant'hor  was  dropped,  her 
Kiiiimaader  wrote  to  th«'  (lovernor  lor  permis.sum  to  "  nmk<!  the  lu'c^es- 
saf.v  repairs  an<l  obtain  a  supply  (<f  coals."'-' 

This  letter  was  olVu-ially  answered  the  ne\t  day,  after  the  tweidy  four 

lioiiiN  allowed  by  the  instrui'tioiis  of  Jamiary,   bStlL',  for  his  sta\   had 

i\|Mred.    He  was  told  that  direi-tions  had  been  ;;iv«'u  to  emible  him  to 

make  the  necessary  rejtairs  and  to  coal  his  vt'ssel,  and  he  was  asked,  at 

his  earliest  eonv«Muence,  to  intimate  the  natui-(>  ami  extent  ot 


IllUll 

■ .-'] 

hail 

1    , 

d  Id 

■  iii;,dil 

WCl'l' 
JiCtIt 

■  as  |)i 

■  and 

IIU'll 

I       ~ 

1  l>v 

■ 

his  re(piirem<'nts  as re,i;ard«!  n-paiis  and  supplies 


10 


Tl 


lis  was 


tin 


ollieial  answer.  The  r<al  answer  had  b.'eu  ;;iven  the  pii'vious 
t  to  W  a<ldeirs  messen.ii'er,  who  was  dispa'.ciied  on  shore  ''as  soon 
racticabh'  the  afti  inoon  <d"  ariival.  to  colder  with  the  authorities 
ohtain  ]iermissioii  for  the  ship  to  renuiii)  and  prmMire  some  iieees- 


'84'o  Mr.  Hliui(;h>u>l'M  <tiH|>iit(l.  to  .Mr.  St'Wt.nl,  Vol.  Ill,  pa;;!-  :i~ t. 
3  Vol.  Ill,  |iH>rt(  :V.M  ;  Vi)!.  VI,  i.a«.-  .'ilK 

Mllaiicliiu-il  to  Dariiii;,'.  Vol.  Ill,  |.ii«.'  :{\K  ;  Vol.  VI,  ihiko  WW. 
■  ■•  ItiaiitlianI  to  Dunin;;.  \„\,  n|,  |,..^,.  .;;»: ,  Vol.  VI,  |)ai,'f  '!(M». 
'^  IMaiicliaril  to  DailiiiK.  Vol.  Ill,  |ia«ti;UH;  Vol.  VI.  pa'cotHHi. 
"Vol.  Ill,  pngi^  m\  aiitl  HU,  1(1.-,  iititl  4(17.     .s.i-  also  Vot  VI. 
'  Vol.  Ill,  |ia;i..8  414,  4VII,  4-i:».  4'.>7,  4",'H.     .s..  •  also  Vol.  VI. 
"Vol.  III.  |iaj<c  n't;  Vol.  VI,  pan"'  <>:!•'• 
•' WiMUkll  to  iJai-liiiu.  >ol.  V.  paj;<-  .V.W. 
"  FranciB  to  Wadddl,  Vol.  V,  puK"  iV.nt;  Vol.  VI,  paRo  HiW, 


a 


INSURGENT   CRUISERS. 


lie  n-tiinicd  hrforc  muhili/Iit^  hovhifj  .succeeded  in  hi 


170 


Siiry  T<>]);i!rs. 

Two  «!.i_\s  wen;  tilkrii  to  reply  to  (he  (inrstioii  iis  fo  llic  iidIiiM'  ani 
<»Xf<Mit  «;l  tin*  IitMilctl  l«'l>iiirs  ;uhI  sil|i|»li(S.  N\';i(l(lt'!i  lllcll  sl;it('(I.  ;>> 
i'<';isoii  v.iiv  Im'  conlil  not  yet  report,  thai  tlic  iDeeliaiiies  liatl  no}  reidiiM.; 
to  iiir.i.  lie  spoke  ^cnevally  alioiit  IIm-  eeiidilion  o!"  Iiis  pi<)]iellei'  slialt. 
and  I  lie  b.'aiinj^s  under  water,  and,  lu'  addeil,  "  the  other  icpaiis  arc  jm> 
ffrcsfiiiif/  ,-t!itiill>(.""'  it  llms  apjK'ars  I  hat  he  liad  l)een  at  I  hat  time  llm, 
days  in  port,  had  niaih' no  oliicial  stalenient  of  the  snpplies  or  the  ii(t(> 
saiy  re|  ;:iis,  and  th;!t  he  Isad  a  Ibree  at  \voil<  npon  his  ve^^sel,  wiiliini; 
jiny  report  fo  tlie  (loveriior  showinn  the  Jieeessity. 

The  next  liay  lie  was  asked  to  ininisha  list  olsup|»lies  re(juired  initln 
iniMiediate  use  oT  hi  -  vessel.'     lie  appears  to  have  tui  nished  sueli 
a  state- nienf,  hut  ii  has  not  Ixcn  printed  in  any  doetinient  uiililn    i  L'- 
the  «i)ntiol  of  tiie  I  idled  States.     As  the  list  is  in  the  ])ossession 
ol'dreat    iJritain.  it  will   doid)tless   hv'   i)rodne;'d,  if  it    tends  to  ivIium 
thai  (loverninent  irom  responsiliility. 

Oil  the  loilowinji- day,  I'cin;;-  the  liflli  dayalU'r  he  arri\'ed  in  poit.  ilu 
foiii  Ih  d:;y  aftt'r  I'.e  received  jtemiission  to  niake  his  repairs,  and  t'l 
third  oi  lonrili  day  alter  the  repairs  v.cre  eoninieneeil,  he  reporlcij  i., 
the  Ciovenior  that  the  linin.y  of  the  outer  sternliaek  (prolia!)ly  nicanii:: 
the  on; el"  sternl»nsh)  was  entirely  p)ne.  and  that  in  ordei'  to  repl.ici-  i 
the  .-''';:enandoah  niu>t  .uointo  the  (oivernnient  slijt  ftsr  about  ten  tliy-. 

(.)n  the  1st  of  Fehrnarvthe  (iovernor  assente<l  to  the  niakinii;-oltli(- 


repiir.'.v'  ; 


ind  the  time  named  foi-  them. 


Oil  the  Till   of  Felirnary,  thi'oa.uli  Ids  Secretary  he  called  upon  (';• 
lain  \\  addeil  "to  name  the  day  when  he  would  Ix^  i)rei)ared  to  inocci 


to  se 


Waddell  said  that   he  conhl  not  name  a  dav  :  ;!nd  he 


e\-c!r-^e.-;  why  his  vessel  was  not  yet  on  the  slip;  a  fact  whieli  fiuiii.^in 
tlu'  evident  reason  for  the  letter  of  the  (lovernor's  Se<'retary." 

*(5;!  the  1  Jth  of  l'\'l»ruary,  a  week  later,  ia(pii!y  is  a^ain  ma  le    [iL" 
"wheilar   he  is  "  in  a  ]>osiiion   to  stale  more  delinil 
Shenandoah  will  In-  in  a  jtositioii  to  |)r<)ceed  t(»  sea. 


elv  when  tlie 


'I'll;'  reply  shows  that  llie  Slienamloah  was  then  on  ilie  slip,  anil 


\\;l> 


to  l»e  !anneiie«l  tin'   next  day.      lie  thouj^ht  he  <'ould   jiroeeed  to  Mill'. 
the  ISli'h.  ihoii;ih  he  had  yet  to  take  in  all  his  stores  and  coals.' 


'J'he  next  correspondenc  l>etwe(-n  W'addell  and  liie  (loN-ernor's  Si 


civ- 


tary  Inrnishi's  tiie  solution  of  the  delay  in  the  orr^inal  report  npnii  th' 
li'piiirs,  tlu'  delay  in  the  <:-etlin:i'  the  vessel  iido  ihe  slip,  the  del:i\  in 
jic' tiii'i' Ik"'"  out  of  it.  and  tlie  unreasonable  time  i'e(|nii'ed  "  to  l.iKc  in 
.stoix's,  <'o:,is,  and  toswin^  tli('  ship."  Diirni/r  wli  ihis  time  Waddt  11  IiihI 
lu'eii  enli.stin^  men  for  tin' Shenandoah  out  of  the  stre«'ts  of  MellHuuni, 
and  i.ad  piotrarteil  his  re)>airsas  an  excuse  Idr  delay,  whili^  lie  Jilliduii 
the  ihin  ranks  <d'  his  j-rew. 

'I'he  arrival  of  this  vessel  at  .Melbourn.  Inul  pniduced  a  ])rofou'  >  xii 
sation.  An  iiM|nirv  was  made  of  the  (iov.-;  nnnnt  in  the  Lej;i-ilal!iic  1" 
know  if  I  lei'  .Majesty's  rroclamation  had  not  been  violale«l  by  tiic 
Shenandoah.     'J'lie   iiH'inber   making'   the   imiuiry  ealletl   atteiitieu  t" 


'  Ciiiisf-  «»f  tlic  .'*Iii'ti:in«l«>:ifi,  |n>K''  •'7. 

-  Vol.  W  \nv/.r  litiii ;  \(ii.  \I.  [i.iui'  <'l"- 

■>  Fraiit  i.i  to  \V;iil<lfll.  V..1.  V.  \t:tiS.f  tion;  Vol.  TI.  ^v.iff,-  CJI. 

••  Waililtll  li>  fhi-ruiiiiiiixsioiici  111'  'Irail.-.  Vol.  V.  pnj,,.  (Idd;  Vol.  VI 

■■  FmiuiH  hi  Waddeli,  Vol.  V.  [y.v^f  «iifJ:  Vnl.  \  I.  ji!V'>,«  1154. 

"  Fiamis  lo  Waihlcll,  Vol.  V,  jinp'  !»»•.•;  Vol.  ^  1.  pap>  (14^. 

'  WatJdrl!  to  Francis,  V  •!.  V,  jiaj^i-  (itl-J ;  Vol.  VI,  pa^p  (ii4. 

•"  Fiiiiu  i.s  Jo  WaiMi-il,  Vol.  V.  pajji'  ii(f.i;  Vol.  VI,  payr.  «i44. 

"Wadth  II  to  Francis,  Vol.  V,  laye  m-4]  Vol.  VJ,  page  (141. 


i»l. 


THE   SHENANDOAH. 


171 


[1.10]  tlio  news  of  I  lie  (l('*i);ii'lm'('  (tl'tlir  Sew  Kiuix  •".  "iii  T>(»ii(l<»n  lor  tiic 
liurposc  of  l>»iii,y' coiivcilcil  into  a  criiiscr,  and  he  sliowcd  tliaf 
tlu' Sea  Jvin,ii'  and  tli<'  Slicnandoali  were  the  saiac  vcsm'1.  'I'lic  iloiisc 
\v;is  opposed  to  liini,  and  lie  was  ealled  to  ordei' as  lie  did  (liis.  'I'lie 
("lii'f  Si'(  retaiy  repiieil,  not  so  inneli  ealiinu'  in  (|nestion  (lie  identity  «tf 
the  Sea  l\in.n'  with  the  Shenau(h)ah,  as  diaild  in;>-  tite  |>;opriet,v  of  aeeepf 
in-;  llie  fact  on  tiie  e\  idenee  (pioled  by  the  fornier  speaker;  and  he 
Mildeil  lliat,  '•  in  (h'alin;;'  wilii  this  vessel,  they  had  not  only  to  consider 
llic  Iri'ias  of  the  proclamation  relerred  \i),  biil  also  llw  conji'lnififd  iu- 
xlniilioits/'niiii  I  lie  Unnir  (lon  niiiK  iil."^ 

Here  tlie  Tniled  Stales  learned  for  tin-  lirst  time  that,  in  addition  to 
the  piililislied  inslrnctions  which  were  made  Known  to  the  world,  there 
were  private  and  eonlideiilial  and  jterhaps  conllielin.y;  instinctions  on 
ill  is  sul)iect.  It  is  licNoiid  1  heir  power  to  Inniish  to  lliis'l'rihnnal  copies 
(.f  these  conlidcntial  instinct  i(»ns.  Should  their  prodnciioii  he  deenietl 
iiiipnrtant  by  Iler  ."Majesty's  ( lovernmeiit.  or  .•.lH)iild  they  l<'nd  to  iclieve 
(neat  IMitain   from   lialiility  to   the   riiited   States,  they  v.i!l.  niidoiiln- 

edly,  he  fninished  to  the  Trilmnal. 
|i:lij  The  Consnl  of  the  I'liited  States  a'  McHior.rne  ^'penetrated  the 
ri^asoiis  foi' WaddelTs  delay,  and  supplied  ihe  ('idoni.il  Aiilinai- 
ties  with  eviih'nce  iha!  men  were  heiiiu'  enlisted  at  i\leil»unriie  lor  the 
Shciiniidoah.  His  lirs!  Ic'tei'  to  tiie  <i(»\  eriior  on  IhiMsnhjeet  was  dated 
;lii' lillh  of  I'^eitiiiary.  la  it  he  called  alleiilion  "to  the  shipment  of 
iiii'U  on  hoard  said  Sliciiandoah  in  t  his  port."-  A.!;"ain,  on  tiie  llih  of 
I'climary,  he  transmitted  to  the  (iovernor  further  pri)ol"  on  the  same 
.sillijcct.-' 

The  aflidavits  I'lirnishcd  l)\  tla'  Consnl  showed  that  an  e;ilistment  on 
:i  l;ir,ue  scale  was  ;;tiiiiji'  <'ii.  I'he  allidaNii  of  W  icUe,  for  instance,  spoke 
iit'ii  cnnk  named  '•  ( Miarley."  and  ten  men:'  the  ahidaxit  of  lichneke,  of 
•Miiinit  ten  men  concealed  in  slid  Shenandoah."  ' 

The  authorities  proceeded  aju'ainst  "  ( 'Iiarley  "  onl.w     'iliey  eaielnlly 
!it  iiloiie  ( 'apiaiii  \\'a<ldell  and  his  ollicers.  who  h:id  been  \ioialiii::'  Iler 
.Majesty's   i'lc.elaimition  and  tlu'   laws  of  the   lanpire,'  and   i  hey 
1'1-j    aimed  the  thnnders  of  the  law  *ajiainsi  an  assistant  cook.     When 
the  oliicer  an  ived  at  the  \'essel  toser\«'  the  warrant  for  ('Iiaile,\'s 
;nr('st.  he  was  inlernicd  that  no  such  perscn  was  on  board.     On  express- 
ing' ii  wish  to  ascertain   this  fact  for  himself,  his  reijiiesl  v>as  refused.' 
Till'  iieM  day  h<'  went  ayain.  and  ( 'aptain  \\  addell  '•  slated,  on  his  honor 
ami  Ihiih  as  a  j^cnileman  and  an  oliicer,  liiat  there  was  no  such  person 
;is Charley  on   board.""     On   the  eveiiiiiji' el  the  same  da.\  (  hailey  and 
iliiii'  oilici'  men  who  had   lieen   "ulistcd  in  .Melboiii  lie  wcic  arresli-d  as 


'Viil.  V,  pjijio  (511 ;  V»)l.  VI.  ])i\<ir  (iliO;  ct  srq.    It  w.is  in  rotixi-qncnro  of  llics(Mliiii1)tM 
Nl'ic^vd  liy  the  Ciiii'l"  Si'd'cliirv  liiiil  tln' ('i>ii>iil    Cni  iii  .In  d  tiir  ex  idi'iici' ol'  ilic  iilcu- 
'  i>  III'  ll:c  l\vi>  vi'-sfls.     Vol.  111.  piijii'  ;'.~.i;   \'iil.  \'l,  pajii'  ."I'ja. 
•I!l,iii(li;ii(l  lo  l);r,liii;:.  \'iil.  111.  i«;i;j,v   1  .'n  ;   \,,\.  \|.  p-i^c  r.-i.'.. 
I'.l.inrli:inl  (o  Dilliill-.  \o\.  Ill,  li:i;,r,.  .Jl  I  ;    \',.l.  \'|,  pjir,.  (ill). 

\iii.  111.  ]iii!i<'  t-'i ;  Ni'l.  V  I,  luiLiv  r.j:.. 

Vol.  III.  |,ii-(^    t-JJ;    Vol.  VI.  IKI-r  tiJti. 

Till-  .sicoiiil  siilioii  ol'ilic  I'oici.;!!  1  jilisliii'Mit  .\<'t  oflHii)  madi'  it  illcjjal  to  ]>ro,iir«> 
:iiiv  pcrMdi  to  ciijiJit;!'  lo  ciiii.sl  a.>  ;v  .--iailoi'  in  fvn  sitv  ice  iiiidcr  any  prf^on  .ns>niiiiim  to 
•■xciciM-  any  iiowiTs  ot' p>vi  rniiiciil,  or  lo  a;fi'('i'-lo  j;o  I'roin  an.s  pailol'  Iler  .M:: ji'siy's 
iliiiiiiuiiirs  I'lirllii'  piir|iii.H(^  of  liciiifj;  so  I'lilislcd  ;  ami  prr.sons  roinniiti  in  ,;  that  MH'tpso 
«in'  ti)  Im'  (Icciiii'd  t^nilly  of  a  inistlciiM-anor.  anil  lo  lie  pnni.slicil,  on  convii'tion.  In  lino 
"i' i"'iuis(iniii('iit,  or  l>otli.  It.  would  Itc  ilillii  nil  to  dcscrilii' wimt  Captain  \Vadd<  II 
'Kiiiaily  did  at  .Mrllionrni'  in  inon^  aicnrato  hingnajjt'  tliau  tlii^i. 

•Vol.  \',  pa;:ti  (llrt;  \'oi.  VI,  luii^i'  (iii.'t. 

'^^Jl.  V,  pa^ff  tUH  ;  Vol.  VI,  paye  tiOi. 


lili^f 


nil 


172 


INSURGENT  CRUISERS. 


'^  that  thov 


.j;;:5! 
Tho 


they  left  tho  Sliouaudoiili  by  tho  water  polico,'  thus  sliowiii 
must  have  hoou  tlicn^  all  tlic  wiiilo. 

In  ("()iis('(nu'ii('(*  of  tliis  tlu'  ]H'niiissi(iii  tomal'c  n'jtairs  was  siispciidcd; 
but  it  was  soon  restored.  The  reason  yiven  lor  tin*  restoration  was  that. 
Charh'v  beiiij;'  taken,  Waddell  was  "in  a  ])osition  to  say,  as  coininandiii^ 
oflieerol'the  ship,  that  there  were  no  i»ersons  on  board  i'xeept  those 
whose  names  are  on  tlie  sliippin;^'  artieU's,  and  that  no  on<' lias  hccii 
enlistetl  in  the  MM'viee  of  the  ('onfederate  States  since  arrival  in  this 
port."^  It  does  not  ai)pear  tlnit  Wad<lell  made  any  sueh  eoniinitinciif: 
on  the  contrary,  he  said  that  1m^  eonsideretl  '"the  tone  of  the  Ictt 
r»'marl>:ably  (lisn'speettnl  and  insidliiifj:.-' 

*Tlie  Mell)onrne  anthorities  did  not  insist  npon  havinj;  such  an 
assnrance.  The  Secretary  of  tlie  (irovi'riHn-  had  said  that  Wad 
dell  was  in  a  i)osition  to  j;ive  the  assnrance;  that  was  enonjil 
Chief  Secretary  said  in  th<^  Assenddy,  speakinyj  of  the  enlistment  (»t 
•'Charley,''  "it  appears  to  me  ami  to  the  (iovernment  that  if  anythiii;' 
can  be  a  violation  of  strict  nentrality,  this  is  it  ;"•'  bnt  lu'  added,  in  ;i 
few  moments,  (his  attention  bein<j;  called  to  the  tact  that  there  weie  s'ill 
])ersons  on  board  who  had  Joine«l  the  ship  at  Melbonrne,)  "  The  par- 
ticnlar  wairant  that  was  issn«'d  tor  this  particnlar  in<  ividind  (Charh-vi 
was  satisfied;  and  if  Inrther  wari'ants  are  issned  for  other  jiersons  who 
may  be  on  !)oard,  the  position  of  the  (iorirnmvnt  will  be  altered.  It  may 
be  that  there  ar(^  other  ]»ersonH  on  board."^ 

There  were  other  ])ersons  on  boai'd  whose  i)resence  was  a  violation  ot 
liritish  neuirality,  an<l  whose  exposnre  v.onld  "  alter  the  position  of  tlic 
(Jovernment  " — some  titty  in  all ;  l)nt  no  warrant  was  issned,  and  "tlu' 
position  of  the  (Jovernment''  was  not  "altered."  The  Shenaniloah  took 
on  board  lu-r  coal  (thre«'  hnndreo  tons  in  all)  an<l  her  snpplies.  tlic 
♦•haracter  of  v  hich  is  not  known  to  the  United  States,  for  tlie  reasons 
alreadv  j^iven. 

*Tli('  United  States  (5onsid  to  the  last  <lid  his  duty.  On  the 
17th,  (he  day  l)efore  she  sailed,  he  informed  tlu^  (rovernor  that 
••  the  Shenandoah  was  takinii'  in  three  hnndred  tons  of  coal,  in  addition 
l«)  the  tiUantif  \  she  had  on  boiir<l  wlieji  she  canu^  into  this  i)ort — alioiit 
fonr  hninhi'd  tons;"  and  added,  "The  Shenainloah  is  a  fnll-rij^ficd  sail- 
in  };•  vessel ;  steam  is  onl.N  anxiliary  with  her;  and  I  cannot  believe  Your 
I'Ncellency  is  aware  of  the  lar<re  amount  of  coal  now  beiiifj  fnriiislicd 
.said  vessri."''  This  co.il  wf.s  dispalche<l  Irom  Liverpool  in  a  vessel 
calletl  the  -John  I'raser.  Tl  e  earmarks  were  on  the  transaction  in  the 
very  name  of  the  franspoi*, 

On  the  same  day  the  Consnl  also  lodjretl  with  the  (lovernor  the  alii- 
«lavit  of  one  Andr<nv  l-'orbes,  to  show  that  six  persons,  residents  of  Mtl 
bonnie.  whom  he  named,  were  to  join  the  Sln'iiainloah  outside,  she  bcin? 
then  ready  to  sail.  As  time  was  of  'iiiportance,  and  a  day's  <lelay  iiii;ilit 
be  too  late,  tlu'  Consnl  went  with  his  witnesses  to  the  olhci'  of  the  Crown 
Solicitor,  t<»  wImiui  the  Attorney  (leiieral  had  previously  directed  liim 
to  communicate  sncli  information,  lie  tound  that  otlicer  leavin;^'  for  his 
dinner,  lie  tohl  him  "his  business  was  nrjjent,"  and  that  he 
had  "conn'  as  *tlie  representative  of  the  United  States  to  lay  [4'55] 
before  him,  as  Crown  Solicitor,  the  evidence  that  u  large  uiimber 

i'nmeiH  to  Wad.lell,  Vol.  V.,  \^A^\  lHV5  ;  Vol.  VI,  page  (547. 
«ll>(il.,  Vol.  V,  |»aj;i>  ()()."•. 

3  Vol.  V.  puK.'  (iiit ;  Vol.  VI.  i>ik««  iym. 

*  Vol.  V,  inn{es  r>v'(*  aiitl  ()()7. 

"  Jiliiiielmnl  t<.  Daiiiiig,  Vol.  Ill,  pages  425,  426 ;  Vol.  VI,  page  030. 


\U\\ 


THE    SHENANDOAH. 


173 


of  men  wciv  about  violatiuj^  the  nciitnility  laws."'  The  Solicitor  said 
111'  niiist  ««)  fo  liis  (liuiuT,  and  passrd  on.  Tlu^  C'oiisul  tlicii  went  to 
several  otlicr  otliccrs  in  oriU'V  to  scciiit^  iinincdiatc  action  on  his  coni- 
|ilaiiit.  AnioMj;  others,  In*  went  to  the  Attorney  (Icncral,  who  sent  him 
roiinotlier  Solicitor;  but  he  conid  ^^et  no  one  to  attend  to  it.  and  the 
Sliciiandoah  lett  early  in  the  morning"  of  the  ISth  without  further  l^ritish 
iuU'rtcrcnce. 

Tlic  attention  of  the  Tribunal  of  Arbitration  is  invited  to  the  fact 
lliat  a  swc.rn  list  of  the  crew  of  tln^  Shenandoah  is  attached  to  an  alli- 
(liivit  iua<le  in  Liver|»ool  by  one  Temple  ten  months  after  the  vessel  left 
iMirbes  in  his  allidavit,  which  was  snbmittiMi  to  the  Gov- 


Mi'lbonrne 

iiiior  and  lai<l  before  tlu^  Attorney  Cleneral,  jjavc  the  names  of  live  per- 
sons who  he  had  reas(»n  to  believe  were  about  to  join  the  vessel  from 
Mt'UiDiunc.  Temi»Ic's  allidavit  shows  that  at  least  three  of  thyse  per- 
suns  (lid  Join  and  did  serve,  vi/,  *'  Robert  Dunning,  an  En^j^lislunan, 

captain  of  the  Ibretop;  '  Thomas  Evans,  Weleliman;  and  William 
H]   (lreen,^*an  Kn<;:lishman."'   This  (!orroborative,  indi'pendent  pit'ce 

of  testimony  establishes  the  truthfulness  of  Eorlx's's  allidavit. 
This  allidavit,  so  siuiunarily  rejected  by  the  (!rown  Solicitor,  was  the 
spt'cific  evidence  of  tln^  commissitin  of  a  crime  whi(!h  Her  xMajesty'sClov- 
(iiiincnt  required  to  be  fnrnishe«l  by  the  United  States.  When  pro- 
duced the  IJritish  authoiities  declin<'d  to  act  upon  it. 

Tlic  I'nitetl  States  assert,  without  fear  of  contradii'tion,  that  there 
was  no  time  durin;^  the  stay  of  the  Shenandoah  in  jMelbourne,  when  it 
was  not  n«)torious  that  she  was  ])r()c,urin^"  re<'ruits.  She  went  there  for 
tiiat  purpose,  llvv  eHective  power  as  a  manof-war  «lependcd  entiiely 
upon  licr  success  of  obtainin,n  a  new  crew.  When  she  left  the  Laurel 
slie  had  but  twenty-three  nu'U  besides  her  otlicers.  AVith  every  capture 
lictween  there  ami  Melbourne  {;reat  elforts  were  made  to  indiu-i'  the 
(•a|itured  seamen  to  enlist ;  and  those  who  would  not  enlist  were  compelled 
to  work  as  sailors  in  ordi-r  to  avoid  beiny  put  in  iions.  The  author  of  tlu' 
"t'miscof  the  Shenandoah"  says  that  fourteen  were  «'nlistcd  in  this 

way — ten  from  the  Alina  and  the  (lodfrey,"  two  from  the  Susan," 
\VM\   and  two  from  t\w  Stacey."    Temple  in  his  anida*vit  yives  the 

nanu'S  «)f  three  from  tin- Alina,  live  from  the  (Jodfrey,  one  fiom 
the  Susan,  two  trom  the  Stacey,  atul  one  from  tln^  l<}duard.''  It  is 
|uol)al»le  that  Temple's  statement  is  corre«tt.  Ol  the  twelvi^  whom  he 
iianies,  two  appear  to  have  left  the  \ess«'l  at  Alelbourne,  \  iz  :  IJruce.  ■»! 
liie  Alina  ;  and  Williams,  of  tlu'  (lodtrey.  It  would  th»'relb?'e  appear 
that,  I'Md  the  Shenandoah  received  no  recruitment  of  m(>n  at  Melbourne, 
liiT  iWrce  on  leaving"  would  ha\-e  been  thirty  three  marines,  lireiiien, 
ind  oidiiiary  seami^n.  One  ollircr  :in<l  two  petty  oniceis  were  dis- 
'iiaiyt'd  then',  which  redu«'ed  t!u'  nunilier  of  olliccrs  to  twenty,  and  her 
'^liolc  loice  tt>  lifl\  three.  She  was  a  full-ri^ificd  ship,  L'L'd  feet  in  lenulh 
iiiil  .M  icel  Immui.  and  carried  royal  studdiii^-sails,  and  reipiired  double 
'1  tu'lile  that  uund)er  ol' men  to  make  her  etfectivi;  as  a  nmn-of-war 
iiie  Tribunal  w  ill  see  how  important  it  was  to  r«H;ruit  njen  at  Melbounu' 


II 


721. 


'  Lord  lu  IMiiiulianl,  Vol.  Ill,  pu;;f  I'J'.l ;  Vol.  VL  paj^t"  •i^'o. 

=  Vol.  111.  i»a};<>  477  ;  V..1.  VI,  I'lW  7(>:». 

=>  Vol.  in.  i.aj;<'  •J'^H;  Vol.  VI,  Diif^.'  711). 

M  ol.  111.  i.ajr,.  4Ml>;  Vol.  VI.  pa^"'  7J7. 

"Vol.  HI,  j.aKi'H  4H1I,  4')(»;  Vol.  VI,  l^W 

*<  r\iisi' ot  tlu'  Kliunaiiduuh,  payc  4'-i. 

'  Htiil.,  i>a;;<i  i'.i. 

*  Iliid.,  pajjti  47. 

"  Vol.  Ill,  pa«oH  4^7-491  ;  Vol.  Vf,  pa«ti7l.S,  cl  acq. 

'"C'ruittu  uf  tliu  Slieuuiuloab,  puge'^. 


174 


INSUROfcXT   CRUISKRS. 


Slio  took  ill  there,  acconliii^  to  tlio  account  ;j;ivcn  by  tlic  iintlior  of 
tlic  Cniisc  of '.lie  Sli(iiiiinl();ili,  lortx -live  men.'  Temple,  in  liis  ;il'li»|;ivir. 
j^ivi's  the  names  of  toity-tliree,  divided  as  folhius  :  one  onieci',  twelve 
])elly  ollieers,  twenty  seamen,  seven  lii'emen,  ami  three  marines, 
Tli(!  I'nited  *States  <-(implain  of  this  act,  n«tt  alone  as  a  technical  \\:w 
violation  of  the  duties  oi' a  neutral,  as  laid  down  ui  the  second 
rule  oi'the  'J'l'caty,  hut  as  a  ;^reat  injury  to  them,  from  which  tlowcil  the 
sultse(|uent  dama;^('s  \o  their  commerce  from  the  Shcnandoali.  Tlii^ 
recruit  meat  mi;;hl  have  heen  stoi'l"''!  '>,v  <''<'  exci-cisc  of  the  most  unij. 
nary  diligence,  it  oujiht  to  have  heen  stopjicd  alter  the  Consul's  Ictii" 
of  the  Kith  of  I'eliruary.  It  oujiht  to  have  !»een  stopped  alter  liislcitcr 
of  the  Mill.  The  autintrities  should  have  detaincil  the  Sheiia!i(lii;i!i 
on  the  informati(Mi  lie  conuiiunicateil  on  tlu^  17th.  Most  of  the  nun 
weiklon  hoard  that  iduht.  It  was  a  jireat  ne,:ili;;-ence  not  to  have  ]nv- 
vente<l  this.  When  the  Shenandoah  sailed  on  the  niorniuin'  of  the  Isth. 
the  V,  hole  community  knew  that  she  had  more  than  doubled  htiiiuii' 
in  I\Ielhourne.  The  newspapers  of  th<'  ne\t  day  were  full  of  it.  Tln' 
Herald  said:  "  KMimors  wrc  alloat  that  the  .''Uienandoa.h  shipped  m 
recei\('d  on  hoard  somewhere  about  ci.uhty  men."-  TIk'  Ai'^'us  said  :  "\; 
is  not  to  be  (h'uied  that  duriaiLV  i'"ri(!ay  ni.u'ht  a  laij^i-  nambcr  oi'niiii 
found  theii'  v. ay  on  board  the  ^■<ilenandoah.  and  di<l  not  rclnrn  on  sIkuv 
a!.',ain."'  And  the  A.ue  said  :  ••  l!  is  cnrrently  repnrted  that  she 
sldpped  scuae  eighty  UHMi."'  It  *is  not  ])i'obahle — it  may  imleed  '\:':y 
be  said  to  be  most  imi»rob;ilil!' — that  a  shipment  ei'  iiall'  tliat  nun 


b 


of  WH'W  ct)u!d  have  been  i:ia<!e  witiioa!  coiiipljcit v  of  liie  aiUlioiit 


iMr.  Moindaji'ue  iJcrnard  intimates  that  \\\v\  could  not  h;!\('  coiae  ilnic 
witlamt   tlie  IciiowledLic  of  r;ipt:iin  Wadileil.'     A  siiiiiiiir  train  of  iimv 
oniii.L;'  will  conviuc(>  tiie  Tiiljunal  of  Arl)itralion  that  iiie  least  mensiiii' 
of  "  dili.ii'cnce  "'  would  have  discovered  the  fact  to  the  local  autlioi  iiji  ^. 
Tlie   pei-adttin.ii"  a  shipment  oi'  thiec   hundred  tons  of  co;d  at  Mvl 


Ixmine  was 


also  a  violation  of  the  duties  ol  a  m-nlral.     The  Shen; 


aidiMii 


w 


as  a  sailin,;;' vessel.     Her  steam  power  was  auxiliary.      l-'rom  c:al,\ 


Si -Veil 


Dccemlier  initil  two  (hiys  bclore  In  r  arrival   at    .Alejhonrm'.  s(»me 
weeks  in  all,''  she  was   luider  sail,  without    usin''-  hei'  steam:  she  wnit 


from  Land's  lOnd  to  .AIad<'ira  ia   .he  sanu^   wav, 


Shi 


took 


wisen  s!ic  left  London,  a  sunplv  of  coal  fia'  twel'.c  nn)nth.- 


on 
1m  )  I 


\V  lull! 


ilrcd  tons  of  it  remained  when  s!ie  reached  .Melbourne.  IShe  re(jiiii(M| 
no  I'resli  sn|>ply  to  enable  her  to  relurn  to  an  insurgent  pint,  ami  sin- 
Koiiyht  it  only  for  the  purpose  (sf  cruisin.i;'  a;^.finst  tin-  coaimerce  of  tlio 
I'mti'd  Stalt's,  thus  makin.'^'  Melbotu-ne  a  b,;se  of  the  insur,u('id 
naval  opei'ations.  *Tiie  United  States  arc  of  ila-  o]iiiMon  that  it  [!!"' 
v,as  a  breacli  of  the  duties  of  an  imparti.d  nepirai  to  permit  un- 
limited .sapplii's  ol"  coal  to  lie  furnished  <;»  the  Shcnandoali  in  a  lliilisli 


port,  ir.uh  r  circumstance 


similar 


to   tl.ose  la  which  like  sn|)i)hes  l!i 


heen  reliisc  il  to  tlie  \('ssels  of  l!a'  I'liilcd  .^•■tates;  and  tliat  it  was  >,  stii! 
jirciiler  \ielali<ui  to  permit  thesnpjjiy  to  l)e  tiirnislied  IVoiii  the  insin'.^fiit 
Iranspoit,  .lolin  I'rascr,  dispatched  Ironi  Livci-pool  for  that  imrin'.-". 
wliile  the  I'nited  States  were  forl)i(ldeii  to  su[»ply  their  vessels  in  lii.o 
manner. 


'  Cruise  of  1 1ll'  Sln'iiiiii(li>!ili,  |)!i^i'  IK!. 

-\iil.  Ill,  ]>a;;<-  i:ir.;  \  nl.  \  I.  ii;ii;v  (is;{. 

3  Vol.  Ill,  !>  •.^.' 4:!(i ;   Vol.  \l.  iiii^^' tiS-l. 

*  Vol.  III.  p:i^!;<'  r.iti ;   \'ol.  \  1,  )iaj;i)  t)S5. 

"  Ittiiianr.s  Ncntrality,  (laiif  l;!l. 

•-('riiisc  ol'  the  Sliciiiiiuloali,  payees  (i:i-I)4. 

'Scliutchcr's  iiUhliivit,  Vol.  Ifl,  page  305;  Vol.  VI,  p.nge  58G. 


'fniisf,  of  tlif  t? 

■"'ill.,  pan;,.  CT. 


"WaliicT  to  13oL't 


THE  siii:nanddaii. 


175 


WIh'Ii  tlio  Slionaiuloiili  li'ft  London  she  took  {xeiioral  supplies  lor  ji 
\(';ir;  \<'t  slic  was  allowed  to  replenish  at  ^Icllioiiine  wiliiiu  less  than 
six  iiidMlhs  IVoni  the  lime  ofleavinj^'  liOiulon.  It  uiiist  he  eoneliided 
iVoiii  the  (leelaial ions  of  (he  author  of  Mie  Trnise  of  the  Shiiiandoah, 
iliiit  when  this  was  done  she  had  enoii;;h  supplies  on  boai'd  for  tlu'  sid>- 
•istciice  of  the  crew  to  (he  nt'ai<  St    insin'm-nt   port.      The  addition  oh- 

li; 

Inlll 


1  at  Melhourne  enabled  her  (o  continue  her  hostile  crui.se  and  to 
lit  uj>tln!  icy  seas  of  the  north  with  the  lir<'s  of  Anieiican  Ncssels, 

iilti-r  the  ndlitary  resistance  to  the  I'nited  States  had  ceased, 
iiie  I'uitcd   States   further  insist    that  wlien   tlie  authorities  at  .Mel- 
e  perndtted  th(^  Slu'inindoah  to  make  repairs  to  her  machinciy  in 


iiDiirii 


ti. 


liiiit  port,  a  still  jurt'ater  violation  of  the  duties  of  (ireat  ilritain   as  a 
iiciitral  was  connnitted. 

It  lias  Just  been  shown  that  this  xcssel  was  under  n(t  necessity  of 

iisiii!^'  her  steam  ;  that  slie  had  i^'oih'  to  ^Madeira  under  sail;  tliat  she  iiad 

niiiic  from  the  Cape  of  (lood  Hope  to  Meiitourne  under  sail.     I'or  many 

(|;iys  before  arrivinji' at  Melltourne  '••a  heavy  and  continuous  fiale"  pre- 

Viiili'd.'     At  its  hei,!4ht  it   was  "suidime   beyond  description,"  and  the 

Sliciiaiiiloah  "'drove  before  it  at  the  rate  (d'  eleven  knots  an  hoiu'.  un- 

>r  close-reefed  topsails  and  reefed  foresail."-     Vet  tlu'  author  ol    the 

li'uiisi'of  the  Shenaudoidi  makes  no  mention  ol"  any  injury  to  tlie  ves- 

.il.  (U  of  any  lea!;,  and  there  i;  nothin;^'  to  sln)W   that    the  hull  la'cded 

,,ii,iiis.  or  that  auythiujn' was  dune  to  it  except  that  "a  ^anj-  ol'  calkers 

,  iv  |)r(iciu('d  and  v\cid  io  work  upon  the  decks  with  pitch  and  oakum."' 

i.H'  I  nitcd  States  are  convinced  that   no  other  ri-pairs  \>(re  iM'ce,-s;iry 

imtlic  hull,  and  that  if  the  deitarture  of  the  xcsscl  was  delayed  foi'  ilio 

iiviciisible  purpose  of  fnilher  icpairs  (o   the  vessel  itself,  the  prcieuse, 

\v,is  made  solely  for  the  purpose  of  delay. 

Tile  repairs  to  the  machinery,  asdistin.uuished  fromthehnll,  were  made 

with  the  object    of  cliablin;.;'  the  Shenandoah  to  jno  to  the  Ali'tic 

IL'j     Ocean,  there   to  destroy  the  whalers  of  the  Tnited  Srates,  *iu 

accordance  with   IIuUocIc's  instructions  to  Waddt  !1  iicibre  he  left 

!.;v('.|iool.'     it  is  evident,  not  only  from  the  absence  of  any  mention  of 

liiiini.v  to  the  hull   by  the  autiior  ol'  the  Cruise  of  (he  Shenanduali,  but 

uix)  iVum  the  statement  of  i-xpcrts  of  the  repairs  winch  the  maciniiery 

iivi|iiiri'(l,  that  lln^  hull  was  sound  and  seaworthy,  an<l  that  the  Slu'uan- 

ilii:ili  ;is  a  sailin;;' vessel,  without  steam,  coidd  at    (»nce  liaxc  proceeded 


iiiMU,  and  have  made  her  way  to  the  iusur,i;'eut  port; 


^\  iieii  ( 'aptain 


ll!;i,u';4s,  of  the  United  States  Navy,  two  mindhs  later,  (alter  the  surren- 
jdrrof  bi'c.)  asked  peraiissiou  to  remain  at  liarbadoes  '-a  few  days,  for 
jtlii' [jrajjose  of  overhaulin,;;'  the  jiistoa  and  e!i.L;in<',"  he  was  U'cjuired,  as 
;i  pi'  liiaiuary  to  the  pernnssion,  to  •■;ii\e  a  delinite  assurance  (d'  his  in- 
iiiiy  to  proceed  to  .sea."''  As  ;  uin  of  honor  and  truth  he  could  not 
llilliis,  and  he  went,  to  sea  wilhoi  .  his  lepairs.  Tiie  saaie  rule  apjilied 
jiii  the  Shenandoah  would  have;  produced  the  sanm  result,  supposin;;' 
l'';i|itain  Wa.ddell  to  ha.ve  been  as  honorable  and  as  trulhiul  a  nam  as 


litaui  boyys 


'f'r 

■r. 

U 
liMtcr. 

|liilTc> 


iisf  of  the  SIi(.'iiaii(l(iiili,  piif^i'  ()(■>. 
ill.,  ii;!-;!'  (w. 
ill..  \KVj,r  KM. 

Hi,  i>ii,ui!  'Itil ;  V(.l.  VI,  piifjo  70.'j. 
i>  iiiif  tliat  llic  iiiMir^cMts  lia.liiii  ports  ut  tliat  tiincwliicli  tlic  Sliciiandoali  cotild 
.  Wi'miiijitoii,  (lie  last  of  tJicir  jiort.s,  wa.s  closed  l)y  tlic  captnrc  of  l''oil  J'islicr, 
liiiwcvc  T,  wa.s  an  addilional  ica.son  wliy  (lie  Siiciiaiuloaii  .slioiUtl  not  have  Ik'cii 
'il  to  li-avt!  M(llu)miu',  ( {uryinji  ii  Hag  tliat  liad  no  porf,  to  icci'lvc  it.  Sets  tlio 
-piiailciKH)  betwei'u  the.  United  Htatt'.s  and  Poituyiil  rufencd  to  iiutc,  page  WJ. 
alkcT  to  Hoggs  J  V«)l.  VI,  pages  I7b-U. 


w 


176 


INSURGENT   CRUISERS. 


•Tut'iity-foiir  hours  rhipscd  bcforo  niiy  qnostioiia  wvro  ])itt  to  [M.T 
Capfiiiii  ^^''iul^l('ll  by  tlio  local  juitlioritics.  'I'lu'ii  \\v  wsix  told  to 
stiiU'  wliiit  ivpiiirs  hv  waiilcd,  in  order  that  the  (lovcrnor  ini^^ht  know 
how  Ioiijj:  he  was  (o  ciijoy  the  hospitalities  of  I  he  port.  Jle  (lelayed  tor 
two  <hiys  to  answer  (his  qui'stion,  ;;din;;  on,  however,  in  the  nieanwliili 
Avitii  soMK^  of  his  repairs.  lie  tln'n  reported  the  repairs  already  hef,niii 
as  "  projii'essin;;"  rapidly,"  and  added  that  Lanjuland  JJrothers  ^"^  (.'<>.  wcic 
to  examine  the  pi(>i)eller  and  Iiraeinj^s  (proI)al)ly  ji  nusprint  lor  "hem 
inj^s"')  uiKh-r  watei';  that  a  diver  had  that  «lay  examined  them;  iiml 
that  ''so  soon  as  M(>s.srs.  Langland  lirothers  ^:  Co.  shoidd  hand  in  tlicii 
repoit"  he  would  inelose  it. 

Two  (lays  later,  on  the  .'JOth,  Langhnnl  brothers  »&  Co.  made  their  re- 
l)ort.  "after  inspeetion  by  the  «liver,''  sayinjf  that  ''the  lininj;  of  the 
oidei'  slernbat'k''  (probably  a  nusprint  for  "sti'rid)nsh")  is  entirely  {foiic. 
and  will  have  to  be  replaced;  that  "three  days  will  elapse  before  sli(>  ii 
slipped,"  and  that  they  "  will  not  be  able  to  accomi»lish  the  repairs  witiiin 
ten  days  I'rom  date."' 

Tin'  Tribunal  will  observe  that  it  was  proposed  that  two  kinds  of  iv- 
])airs  should  be  made. 

Theliist  <'lassdid  not  re(pure  the  vessel  to  jjointo  the  slip.  These 
included  the  calkinj^  referred  *to  by  the  author  of  the  Cruise  of  [141 
the  Shenandoah,-  ami  perhaps  also  repairs  of  a  general  (character, 
which  all  steam  machiiu'ry  requires  alter  having  been  run  for  any  le!);,'tli 
of  time,  such  as  r<'littiug  of  brasses,  j)a<'king  stnning-boxes,  examiiiiii:; 
an<l  readjusting  of  working  parts,  &c.,  tS:c.  All  these  re]tairs<'onld  liiiw 
gone  on  simultaneously.  Such  <  nal  as  might  be  allowed  within  the  nm 
striu'lion  of  the  instructions  of  .January  ."Jl,  I<S(L',  as  tlios(^  instructioih 
were  applied  to  the  vessels  ol"  the  United  States,  aii<I  such  supplies  ;is 
were  legally  pernnt'ted,  could  also  bi;  taken  on,  and  the  vessel  could  lit- 
ready  to  go  to  sea  again  in  from  two  to  four  days  after  her  arrival  in 
l)ort.  Or,  should  it  be  necessaiy  for  the  vessel  to  go  into  si  slip  for  tlic 
l)urpose  of  repairing  (he  propeller,  (his  class  of  repairs  might  also  lie 
going  on  in  (he  slip,  at  the  sanu>  time  with  tht^  others. 

The  other  class  of  repaiis  w<'re  those  which  Langland  lU'others  &  Co. 
were  to  report  upon — repairs  to  the  |)ropelIer.  It  ajipears  from  the  re- 
]>ort  made  by  these  mechanics  on  the  ;>(Kh  of  January,  that  they  fomidt'il 
their  estimate  ui'K)!!  the  report  of  adiver.  Mecdianics  ordimirily  liavcto 
depend  ujion  such  a  report,  and  (o  found  their  estimates  ui)on  it.  Tlir 
examination  of  the  i)ropel!er  of  a  scr*'w-steamer,  and  <»f  its  beai- 
ings  *below  the  walcrline,  is  a  simple  matter,  and  takes  but  a  [li", 
short  time.  It  is  conlined  to  (he  stern  of  the  vessel.  A  practi- 
cal expert  can  go  down,  satisfy  himsell  of  the  extent  of  the  injury,  nrl 
return  and  report  in  a  few  minutes.  I  lad  the  (lovernor  trcatecl  Captiii:; 
\\'addell  as  Captain  JJoggs  was  treated,  (he  examination  could  en 
have  been  made  on  the  morning  of  the  L'iJth,  and  the  whole  extent 
the  injury  could  have  been  reported  to  (he  (Jovernor  on  (he  afternoon  n' 


silv 


lie  tlid  not  send  his  diver  down  until  (he  L'S(h  ;  he  did  not  get  the  otti 
cial  report  of  his  met  hanics  until  the  .{Oth.  Thus  he  spent  tive  days  ii 
doing  what  could  have  been  done  in  live  hours.  There  nuist  have  beii 
a  njotlve  for  that  delay;  the  Uuit<?d  States  tind  that  njotivc  in  his  neco> 
sity  to  eidist  a  crew. 

'  Wadilell  to  Francis,  Vol.  V,  pago  fiOO ;  Vol.  VI,  page  040. 
<  Cruise  of  tbo  Slienaudoab,  pago  77. 


The  Tril 
extent  of  h 
lie  reporte 
entirely  gii 
under  wa(e 

.jmy 

[4t(i 


)i    nami 
The 


1 


c 
I 

( 
ft 


U( 

)l 

Ik 
di 


the  sanu' day  within  twenty-four  houis  after  the  arrival  of  the  vessel  i;i  ■] 


ndnn't  of  (li 

.slip,  the  pi 

then  (In*  n 

s(enihnsli, 

coidd  he  c( 

slip.    II  tin 

ccived  moi( 

Iiinds,  whici 

It  (hereto 

Mclhoarne  . 

(ireat  Ihita 

lirodiers  »S: 

ten  days  a 

every  re(pns 

(liver,  excli 

liiinfjlands) 

hy( 

[•147J    (wo 

a<-tual 

on  hoard  thn 

mate.    Instei 

tlic  Alelhonrn 

I'liiir  days.     'J 

ot  the  lorty-t 

•I'ldcr  the  eii 

'liiwdled  alouj 

tliorities,  to  i 

Mpociallyifit 

^viis  on  board 

I'liirs,  and  ass 

that  (his  (act 

t'lninent  engii 

to  see  that  VVi 

Leaving  Me 

to  the  J 

[US]   issued  1 

the  wha 

"pr  attacks  up 


l)ort.    Captain  Waddell,  however,  was  not  re<iuired  to  move  so  rai)itll.v.  H(| 


'""g  list  of  ca] 


.III 


t'liiim  eonii)ens 
t)ii  the  crui 
there  she  conm 
J"»e  till  she  lei 
''«•  sails."!     ^ 

Tyv 

«To 
3  Da 
«Cr 

S.  Ex.  31 


THE   SHENANDOAH. 


177 


Tho  Tribunal  will  also  observe  that  liis  own  report  on  the  28th  of  the 
(\toiit  of  his  injuries  ditt'ws  from  that  made  by  his  nieehanieson  the  3Uth. 
]W  n'lHirted  that  "the  composition  castinjjs  of  the  propeller  sliaft  were 
ciitiri'i.v  ,'i<»ne,  and  th©  braein}.^s  (probably  a  misprint  for ''bearings") 
umler  water  were  in  the  same  condition."  This  was  a  nnue  serions  in- 
jury than  the  one  reported  by  his  mechanies  two  days  later, 
[44(1]  namely,  the  •neeessify  of  f^ivin;;"  the  shaft  a  new  outer  stend»nsli. 
The  latter  would,  it  is  true,  require  the  docking  of  the  slii|»  to 
adiiiit  of  11h'  n'Uioval  of  the  shaft.  Hut  when  the  ship  was  onee  in  the 
slip,  tlie  ]»r()peller  eould  \h\  easily  hoisted,  beinj;  a  movabl(>  one;'  aini 
tlieii  the  renewal  of  the  li;>!iumvita'  lininjj;,  teehnieally  known  as  tho 
.stenil)ush,  the  only  repairs  whi(;h  the  experts  reporti'd  to  be  neeessary, 
('(iiiM  be  completed  two  or  three  days  after  the  ship  should  be  on  tho 
slip.  If  the  vessel  was  necessarily  lon^icr  on  the  slip  slu'  lunst  have  re- 
I'civcd  more  repairs  than  are  described  in  theollicial  report  of  the  Ijaii^- 
laiids,  which  end)raeed  all  for  which  the  permission  was  {^ranted. 

It  thcrctbri^  appears  that,  o\i  the  supposition  that  the  authorities  at 
Mi'lhoiuiie  «'(Mdd,  under  the  circumstances,  without  violatinj;' the  duty  of 
t'licat  liritain  as  a  neutral,  permit  the  repairs  reported  by  Lan;;;land 
ilidtlicrs  iS:  Co.  to  be  made,  the  Shenandoah  should  have  yone  to  s«'a  in 
tell  (lays  after  her  arrival.    This  estinmte  j;ives  the  extreme  tinu'  for 
every  riMiuisite  sl»'i),  viz:  one  I'alendar  day  for  the  examination  of  the 
(liver,  cxchulinj?  the  day  of  arrival;  three  days  (the  estinmte  of  tho 
Laiifilands)  for  pnttinj;  the  vessel  'w  the  slip;  three  days  for  the  repairs 
by  the  Lanjulands;  one  day  lor  ;;ettin;;'  her  out  of  the  slip;  and 
[U7J    two  days  for  *reloadin}j[  and  };ettin^'  to  sea,  v.hicli  was  the  time 
actually  taken  ;  but  as,  during'  this  time  she  unwarrantably  took 
on  hoard  three  hnndred  tons  of  coal,  this  is  probably  too  lar^e  an  «'sti- 
iiiate.    Instead  of  re^piirin}*'  these  repairs  to  be  comi)leted  in  ten  days, 
tlie  .Melbourne  authorities  allowe«l  the  Shenandoah  to  stay  there  twenty- 
liiur  days.    The  «'xtra  fourteen  days  were  occaipied  in  the  recruitment 
lit  the  torty-three  men  whom  she  carried  away  with  her.     It  is  dilHcidt, 
under  the  circumstances,  to  resist  the  (conclusion  that  the  repairs  were 
dawdled  alonjj  for  the  pnriwse  of  securing?  the  recruits,  and  that  the  au- 
thorities, to  say  the  least,  shut  their  eyes  while  this  was  j^oinji'  on; 
ospoeially  if  it  be  true,  as  said  by  Temple,  that  the  (love'rnment  engineer 
was  (HI  board  three  or  four  tinu's  a  <lay  while  they  were  umlersoinfj;'  re- 
lialrs,  and  assisted  them  with  his  opinion  and  advice.''     It  is  fair  to  say 
that  this  fact  is  doubted  bj-  the  (Jovernor  of  the  Colony.'     If  the  (lov- 
einnu'iit  enjjineer  was  not  there,  however,  he  shoidd  have  been,  in  order 
to  see  that  VVaddell  was  not  violatiiii;  IJritish  neutrality. 
Leavinj;  Alelbonrne,  the  Sheimmloah  w«»nt  throujfh  the  Pacific  Ocean 
to  the  Arctic  Seas,  via  IJehriny's  Straits,  under  the  instructions 
[U8]    issued  by  Bullock,  in  Liverpool,  for  the  purpose  of  destroy*ing 
the  whalers  of  the  United  States.     How  successful  she  was  in 
yv  attacks  upon  the.se  intrepid  and  daring;  navigators  is  shown  by  the 
long  list  of  captured  vessels,  for  whoso  destruction  the  United  States 
elaim  compensation. 

Oil  the  cruise  to  those  seas  she  used  her  sails  onlj'.  After  airival 
[there  she  commenced  :<t\i!ung  on  the  25th  of  June,  and  "from  that 
I  time  till  she  left  the  Arct'<  Seas  i.he  made  comparatively  little  use  of 
[lier  sails."^     Many  ol  Mu    nost  viiluable  vessels  were  destroyed  after 

»^Vil8on^af i'luvit,  Vol.  Ill,  page  325 ;  Vol.  VI,  pug^^ec! 
"Temple's  a  litlavit.  Vol.  Ill,  page  481 ;  Vol.  V,  page  712. 
'Dailiug  to  Cardwell,  Vol.  Ill,  page  506. 
*  Cruise  of  ».ho  Shenandoah,  page  187. 

S.  Ex.  31 12 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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178 


INSURGENT   CRUISERS. 


thiit  time.  Temple  names,  in  liis  affiihivit,  fifteen  tliat  were  destroyed 
ai'ter  Waddell  knew  of  tlie  .sni)j)iessi()n  of  the  insniieetion.'  JiiiHock 
wrote  liini  a  letter,  instructing  liim  "  to  desist  from  any  inrtlier  destine, 
tion  of  United  States  proiierty,'"-'  and  Earl  Ifiissell  undertook  to  send 
the  letter  "  tliron;;li  the  llritish  Consuls  at  the  ports  where  the  ship 
nniy  be  exjjeeted."  It  was  not  until  the  17th  day  of  Octtober,  ISO."),  (Imt 
she  ceased  to  Ixi  olUcially  rejiistered  as  a  British  vessel.  Waddell  iir- 
rived  at  Liveri)ool  with  the  Shenandoah  on  the  0th  of  the  Ibllowinjr 
Novend)e; ,  and  wrote  Earl  IJussell  that  the  tlestructions  commitud 
on  the  liiSth  of  June — when  Temjjle  said  tliat  he  knew  ol"  the 
*surrender  of  Lee — were  committed  "  in  ij^noraiKu;  of  the  oblit-  [ 41!ij 
eration  of  the  (Jovernment."  lie  sai<l.  that  he  received  his  first 
intelliyeiuHi  on  the  2d  of  Au.yust.  Tlie  author  of  the  Cruise  of  tlio 
Shenandoah  says  that  they  received,  on  the  2.Sth  of  June,  while  burn- 
iu^  the  whalers,  the  news  of  the  assassination  of  Mr.  Lincoln.''  This 
event  took  place  a  week  after  the  surrender  of  Lee.  The  afhdavits  of 
Tejni)lc;  and  Xye  in  Vol.  YIl  indicate  still  earlier  knowledfje.  It  would 
seem,  thereibre,  that  Waddell's  statements  to  Earl  llussell  could  not 
have  been  correi-t. 

"The  re-a[)pearance  of  the  Shenandoah  in  British  waters  "was  re- 
ptrded  as  '•  an  untoward  and  unwelcome  event."  The  Times  reiiiiudcd 
the  ))ublic  that  "in  a  certain  sen.se  it  was  doubtless  true  that  the  tSlic 
nandoah  was  built  and  manned  in  fraud  of  British  neutrality."^  (beat 
Britain  dealt  with  the  "  untoward"  question  as  it  had  dealt  with  otlicis 
duiin,iifthe  contest — by  evading'  it.  The  vessel  was  delivered  to  the 
United  States.  The  men  who  had  been  preyinjj,'  upon  the  conniu'i'ce  ot 
the  United  States  for  months  without  a  senddance  of  authority  Ixdiind 
them,  most  of  whom  were  British  subjects,  with  unmistakable  Uritisli 
bearin<;'  and  speech,  were  called  before  an  ollicer  of  the  British 
Navy  *to  be  exannned  as  to  their  luitionality,  they  understand-  [4.jOJ 
ing:  in  advance  that  it  was  a  crime  for  British  subjects  to  have 
served  on  the  Sheinindoah.  "  I'^ac^h  one  stated  that  he  belonged  to  one 
or  the  other  ot  tue  States  of  America,"^  anil  they  were  discharged  with- 
out further  iininiry. 

On  the  I'.Sth  of  l)ecend)er,  1805,  ]\Ir.  Adams,  conunenting  upon  these 
l)ro(;eedings,  wrote  to  Earl  Clarendon  as  follows:"  "  I  trust  it  may  be 
made  to  a|>pear — 

"  1.  That  .iie  Sea  King  did  depart  from  a  British  port  armed  with  id! 
the  means  she  ever  had  occasion  to  use  in  the  course  of  her  cruise 
againts  the  commerce  of  the  United  States;  and  that  no  inconsidcnible 
portion  of  her  hostile  career  was  passed  while  she  was  still  registered 
as  a  liritish  vessel,  with  a  British  owner,  ou  the  otlicial  records  of  the 
Kingdom. 

"  2.  That  the  commander  had  been  made  fully  aware  of  the  snpi»res- 
sion  of  the  rebellion  the  very  day  before  he  committed  a  series  of  out- 
rages on  iiniocent,  imlustrious,  and  unarmed  citiirens  of  the  Uniti-d 
States,  in  the  Sea  of  (Okhotsk. 

"  3.  The  list  of  the  crew,  with  all  the  particulars  attending  the  sourees 
from  which  the  persons  were  drawn,  is  believed  to  be  so  far  suh- 


'  V'ol.  Ill,  p.-i^os  4^-2,  483 ;  Vol.  VI,  pai^n-  TOO,  et  siq. 


m 


coiilirnicd  liy  llathiiwiiy's  iUliidivvit,  Vol.  Vil,  pajjc 
•''  Vol.  III,'i»ii<;c.  4.')^< ;  Vol.  VI,  i>:i,u;i'  dtW. 
^Criiiso  of  till'  Slicnaiidoali,  i<ap;o  '2W). 
■*  London  TiinoH,  Novcnilii'i'  '^,  l>Vh) :  Vol.  Ill,  page  44i). 
6  Chock  to  i'ajutor,  Vol.  Ill,  payo  505. 
•  Vol.  Ill,  iJiige  475. 


This  statomeut  by  Tciuiilf  is 


THE    SHENANDOAH. 


179 


[451]  stantinlly  *cori'(:'ct  as  to  set  at  rest  the  pretense  of  the  oflieer 
sent  on  board  that  there  Avere  no  British  subjects  beh)nging'  to 
the  V'f.sel." 

The  United  States  confidently  insist  tluit  they  liave  incontestably  es- 
tablisliod  tlie  points  there  <'lainied  by  Mr.  Adams;  and  further, 

"4.  That  the  Slienandoah  was  fitted  out  and  armed  witljin  British 
jurisdiction,  namely,  at  London,  for  the  ])urpose  of  crnisinj?  a;;ainst  the 
United  States;  that  Great  Britain  had  reasonable  ground  to  believe  that 
siR'li  was  the  case,  and  did  not  use  due  diligence  to  prevent  it. 

"5.  That  she  came  again  within  British  jurisdiction,  where  all  these 
facts  were  open  and  notorious,  and  the  Jiritish  authorities  exercised  no 
diligence  to  prevent  her  departure,  but  claimed  the  right  to  treat  her  as 
a  counnissioned  manof-Avar,  and  to  permit  her  to  depart  as  such. 

''0.  Tliat  twice  within  British  jurisdiction  she  received  large  recruit- 
inonts  of  men,  without  due  diligence  being  used  to  prev<'nt  it:  1st.  At 
Liverpool,  from  whence  the  men  were  forwarded  by  the  Laurel ;  and, 
I'd,  at  Melbourne. 

"7.  Tiiat  she  was  aliv)wed  to  make  rei)airs  and  to  receive  coal  and 
sniiplies  which  were  denied  to  vessels  of  the  United  States  in  similar 

circumstances." 
[1,j2J  The  subsequent  career  of  the  steamer  Laurel,  *which,  with  the 
Shenandoah,  formed  the  hostile  expedition  against  the  United 
States,  tlirows  additional  light  on  the  sincerity  of  the  British  neutrality 
iutlie  case  of  the  Shenandoah.  On  the  7th  of  March,  1805,  Mr.  Adams 
wrote  as  follows  to  Earl  Kussell : 

"I  am  ])ained  to  be  obliged  once  more  to  call  your  attention  to  the 
proeeedings  of  the  vessel  called  the  steamer  Laurel : 

''This  is  the  vessel  concerning  which  1  had  the  honor  to  make  a  repre- 
mentation,  in  a  note  dated  the  10th  JiTovember  last,  which  appears  to 
have  proved,  in  substance,  correct. 

"Iler  dei)arture  from  Liverpool  on  the  0th  October,  laden  with  men 
and  arms  destined  to  be  placed  on  board  of  the  steamer  Sea  King,  her 
meeting  with  that  vessel  at  Porto  Santo,  in  the  Madeira  Islands,  her 
subsequent  transfer  of  her  freight  to  that  steamer,  which  thereupon 
assumed  the  name  of  the  Shenandoah,  and  proceeded  to  capture  and 
destroy  vessels  belonging  to  the  people  of  the  United  States,  are  all  facts 
now  established  by  incontestable  evidence. 

"It  now  appears  that  this  steamer  Laurel,  Iniving  accomplished  her 
object  under  British  colors,  instead  of  immediately  returning  to  this 
Kingdom,  made  her  way  through  the  blockade  to  the  i)ort  of 
[4o3J  Charleston,  where  she  changed  her  register  and  *her  name,  and 
assumed  to  be  a  so-called  Confederate  vessel.  In  this  shape  she 
next  made  her  appearance  at  the  port  of  Nassau  as  the  '  Confed<a'ate 
States.'  From  that  place  she  cleared,  not  long  since,  to  go,  via  jMadeira, 
to  the  same  port  of  Liverpool,  from  whence  she  had  originally  started. 

"  It  further  appears  that,  notwithstanding  the  assumi)tion  of  this  new 
character,  this  vessel  carried  out  from  Nassau  a  ship  mail,  made  up  at 
the  post-office  of  that  port,  and  transported  the  same  to  Liverpool.  I 
liave  the  honor  to  transmit  a  copy  of  a  letter  from  the  postmaster  at 
tliat  i)lace  establishing  that  fact. 

"  Under  these  circumstances,  I  have  the  honor  to  inform  your  Lord- 
ship that  I  am  instructed  by  my  Government  to  remonstrate  against 
the  receipt  and  clearance  with  umils  of  this  vessel  from  Nassau,  and  to 
request  that  such  measures  may  be  adopted  in  regard  to  her  as  yiay 
preveut  her  from  thus  abusing  the  neutrality  of  Her  Majesty's  territory, 


180 


SUMMARY   OP   THE   POINTS   ESTABLISHED. 


for  the  purpose  of  facilitating  the  operations  of  the  enemies  of  the  United 
States."' 

To  this  Karl  Russell  replied  "  that  Her  Majesty's  Government  are  ad- 
vised,  that  although  the  proceedings  of  the  steamer  Confederate 
States,  formerly  Laurel,  nia.y  have  rendered  her  liable  to*capture   [454] 
on  the  high  seas  by  the  cruisers  of  the  United  States,  she  has  not, 
so  far  as  is  Inoicn,  committed  any  offense  punishable  by  British  lawP 

From  all  these  various  facts,  the  United  States  ask  the  Tribunal  of 
Arbitration  to  find  and  certify  as  to  the  Shenandoah,  that  Great  Britain 
has,  by  its  acts  and  by  its  omissions,  failed  to  fulfill  its  duties  set  tbrtli 
in  the  three  rules  of  the  Treaty  of  Washington,  or  recognized  by  tlie 
princii)les  of  law  not  i)iconsistent  with  such  rules.  Should  the  Tribunal 
exercise  the  power  conferred  upon  it  by  the  seventh  article  of  the  Treaty, 
to  award  a  sum  in  gross  to  be  paid  to  the  United  States,  they  ask  tliat, 
in  considering  the  amount  to  be  awarded,  the  losses  in  the  destruction 
of  vessels  an<l  their  cargoes  by  the  Shenandoah,  and  the  expense  to 
which  the  United  States  were  put  iu  the  pursuit  of  it,  m.av  be  taken 
into  account. 


ii-k 


In  the  course  of  the  long  discussions  between  the  two  Governments, 

which  followed  the  close  of  the  insurrection,  it  be(!ame  the 

' " """"  duty  of  Mr.  Adams  to  make  a  summary  of  the  points  wLieh 

he  maintained  had  been  established  by  the  United  States.    This  he  did 

in  the  following  language,  addressed  to  Earl  Russell '? 

*"lt  was  my  wish  to  maintain —  [455] 

"  1.  That  the  act  of  recognition  by  Her  Majesty's  Government 
of  insurgents  as  belligei*ents  on  the  high  seas  before  they  had  a  single 
vessel  atloat  was  precipitate  and  unprecedented. 

"  2.  That  it  had  the  eflect  of  creating  these  parties  belligerents  after 
the  recognition,  instead  of  merely  acknowledging  an  existing  fact. 

"3.  That  this  creation  has  been  since  effected  exclusively  from  the 
ports  of  Her  Majesty's  Kingdom  and  its  dei)eudencies,  with  the  aid  and 
co-operation  of  Her  Majesty's  subjects. 

"  4.  That  during  the  whole  course  of  the  struggle  in  America,  of 
nearly  four  years  in  duration,  there  has  been  no  appearance  of  the  insur- 
gents as  ii  belligerent  on  the  ocean  excepting  in  the  shape  of  British 
vessels,  constructed,  equipped,  supplied,  manned,  and  armed  in  British 
ports. 

"5.  That  during  the  same  period  it  has  been  the  constant  and  persistent 
endeavor  of  my  Government  to  remonstrate  iu  every  possible  form 
against  this  abuse  of  the  neutrality  of  this  Kingdom,  and  to  call  upon 
Het  Majesty's  Government  to  exercise  the  necessary  powers  to  put  an 
efl'ective  stop  to  it. 

"G.  That  although  the  desire  of  Her  Majesty's  Ministers  to  exert 
themselves  iu  the  suppression  of  these  abuses  is  freely  acknowl- 
edged, the  efforts  *which  they  made  proved  iu  a  great  degree   [450] 
powerless,  from  the  inefficiency  of  the  law  on  which  they  relied, 
and  from  their  absolute  refusal,  when  solicited,  to  i)rocure  additional 
powers  to  attain  the  objects. 

"  7.  That,  by  reason  of  the  failure  to  check  this  flagrant  abuse  of  neu- 
trality, the  issue  from  British  i>ort8  of  a  number  of  British  vessels,  with 
the  aid  of  the  recognition  of  their  belligerent  character  in  all  the  ports 
of  Her  Majesty's  dependencies  around  the  globe,  has  resulted  in  the 

>  Vol.  Ill;  pago  339.       >  Vol.  UI,  page  341.       >  Vol.  Ill,  page  533. 


SUMMARY   OF   THE   POINTS  ESTABLISHED. 


181 


burning  and  destroyinj?  on  the  ocean  of  a  large  munber  of  merchant 
vessels,  and  a  very  large  amount  of  property  belonging  to  the  peojjle  of 
the  United  States. 

"8.  That,  in  addition  to  this  direct  injury,  the  action  of  these  IJritish- 
biiilt,  manned,  and  armed  vessels  has  had  the  indirect  etiect  of  driving 
tVom  the  sea  a  large  portion  of  the  commercial  marine  of  the  United 
States,  and  to  a  corresponding  extent  enlarging  that  of  Great  Britain, 
thus  enabling  one  portion  of  the  J-ritish  people  to  derive  an  unjjist 
advantage  from  the  wrong  committed  on  a  friendly  nation  by  another 
portion. 

"J).  That  the  injuries  thus  received  by  a  country  which  has  meanwhile 

sedulously  endeavored  to  perform  all  its  obligations  owing  to  the  imper 

fection  ot  the  legal  means  at  hand  to  prevent  them,  as  well  as  the 

[457]   unwillingness  to  seek  for  more  *stringent  powers,  are  of  so  grave 

a  nature  as  in  reason  and  justice  to  constitute  a  valid  claim  for 

reparation  and  indemnilication." 

The  United  States,  with  confidence,  maintain  that  everj*  point  thus 
asserted  by  Mr.  Adams  has  been  established  by  the  proof  hereinbefore 
nterred  to.  In  leaving  in  the  hands  of  the  Tribunal  this  i)art  of  their 
Case,  they  think  it  no  impropriety  earnestly  to  call  attention  to  the 
majjnitude  of  the  issues  to  be  decided. 

Many  a  vindictive  and  bloody  war  has  grown  out  of  less  i)rovocatiou 
than  the  United  States  thus  sutfered  from  a  nation  with  which  they  sup- 
posed that  they  weres  holding  friendly  relations.  On  the  4th  of  July, 
1777,  during  the  war  of  the  American  Revolution,  Lord  Stormont  was 
iusti'ucted  to  say  to  the  French  ]\linisters  that  "  the  shelter  given  to  the 
armed  vessels  of  the  rebels,  the  facility  they  have  of  disposing  of  their 
prizes  by  the  connivance  of  the  Government,  and  the  conveniences 
allowed  them  to  retit,  are  such  irrefragable  proofs  of  support,  that 
scarcely  more  could  be  done  if  there  was  an  avowed  alliance  between 
France  and  them,  and  that  we  were  in  a  state  of  war  with  that  King- 
dom." He  was  also  directed  to  say  that  however  desirous  of  maintain- 
ing the  peace.  His  Britannic  Majesty  could  not,  "from  his  respect 
[4o8]  to  his  honor  and  his  regard  to  the  interest  of  his  aading  *sub 
jects,  submit  to  such  strong  and  public;  instances  of  support  and 
protection  shown  to  the  rebels  by  a  nation  that  at  the  same  time  pro- 
fesses in  the  strongest  terms  its  desire  to  maintain  the  present  harmony 
subsisting  between  the  two  Crowns."' 

The  injuries  intlieted  upon  the  United  States  during  the  insurrection, 
uuder  the  cover  of  professions  of  friendship,  are  well  described  in  this 
language  of  the  Ministers  of  George  III,  except  that  the  insurgents 
were  allowed  to  burn,  instead  of  assisted  to  dispose  of  their  prizes.  But 
the  United  States,  although  just  emerging  from  a  successful  war,  with 
all  the  appliances  of  destruction  in  their  grasp,  preferred  to  await  a 
belter  state  of  feeling  in  Great  Britain,  rather  than  follow  the  exami)le 
of  that  Government  in  resorting  to  war.  The  time  came  when  Iler 
^Majesty's  Government  felt  that  it  would  not  be  derogatory  to  the  ele- 
vated position  of  their  Sovereign  to  express  regret  for  the  escape  ot 
the  cruisers  and  for  the  depredations  which  they  committed.  The 
Tiiited  States,  receiving  this  expression  of  regret  in  the  spirit  in  which 
it  was  made,  stand  before  this  Tribunal  of  Arbitration  to  abide  its  judg- 
ment. 

If  the  facts  which  they  bring  here  constitute,  in  the  opinion  of  the 
Tribunal,  no  just  cause  for  claim  against  Great   Britain,  they  must 

•  Vol.  Ill,  page  599. 


182 


SUMMARY   OF   THE   POINTS   ESTABLISnED. 


bow  to  the  *(locision.  But  if,  on  the  other  liaiul,  Grosit  Britain  [459] 
shall  not  be  able  to  oxitlain  to  their  eoni])lete  satisfaction  the 
charges  and  the  proof  whicii  they  inest'iit,  tlu>  United  States  will  coniit 
upon  an  award  to  the  full  extent  of  their  demand.  They  feel  that  it  is 
their  duty  to  insist  belbre  this  Auj^nst  Body,  not  only  in  their  own  inter- 
est, but  lor  the  sake  of  the  luture  peace  of  the  world,  that  it  is  not  a 
just  perfbrniance  of  the  duties  of  a  neutral  to  ])erniit  a  bellijierent  t-o 
carry  on  or^janized  war  Ironi  its  territories  against  a  Towcir  with  wliidi 
the  neutral  is  at  i)eace. 

If  this  Tribunal  shall  hold  that  combined  operations  like  those  of 
Bullock,  Fraser,  Trenholm  »S:  Co.,  Iluse,  Ileyliger,  and  others,  (wliich 
in  the  judgment  of  the  United  States  v  instituted  an  organized  wiir.) 
are  legitimate,  their  decision  will,  in  the  oi)inion  of  the  United  States, 
lay  the  foundation  for  en<lless  dissensions  and  wars. 

If  wrongs  like  those  which  the  United  States  sulfered  are  he'd  by  this 
Tribunal  to  be  no  violation  of  the  <luties  which  one  nation  owes  to  iiii- 
other,  the  rules  of  the  Treaty  of  Washington  can  have  little  ell'cctivc 
force,  and  there  will  be  little  inducement  for  nations  in  future  to  adopt 
the  i)eaceful  method  of  arbitration  tor  the  settlement  of  their  diti'ei- 
ences. 

If  it  was  right  to  furnish  the  Nashville  at  Ber*mnda  with  a    [1C(I] 
full  supply  of  coal,  suflicient  to  cany  her  to  Southampton,  instead 
of  what  might  be  necessary  for  her  return  to  Charleston,  the  United 
States  and  the  other  maritime  nations  must  accei)t  the  doctrine  in  tlie 
future. 

If  there  was  no  violation  of  international  duty  in  receiving  tlio 
Sumter  at  Trinidad,  and  in  supplying  her  with  the  fuel  necessary  to 
enable  her  to  contiiuie  her  career  of  destruction,  instead  of  giving  inn 
what  was  requisite,  with  her  sailing  power,  to  enable  her  to  return  to 
New  Orleans  or  Galveston,  it  is  important  that  the  maritime  Powers 
should  know  it. 

If  recogidzed  vessels  of  war,  like  the  Sumter  and  the  Georgia,  may 
be  lawfully  sold  in  a  neutral  port  during  time  of  war,  the  United  States, 
as  a  nation  whose  nonual  condition  is  one  of  neutrality,  accept  the 
doctrine. 

If  the  duties  of  a  neutral  in  ]>re venting,  within  its  territory,  the  con- 
struction, arming,  equii)ping,  or  titling  out  of  vessels  by  one  belligerent, 
Avhi<'h  nuiy  be  intended  to  cruise  against  the  other  belligerent,  or  tlie 
fni'nishing"  of  arms  or  military  sui)plies  to  such  vessel,  or  the  recruit 
nuMit  of  men  for  such  belligerent,  are  to  be  limited  to  the  exercise  of 
the  powers  conferred  upon  the  neutral  (Jovernment  by  numicipal  law, 
the  United  States,  with  their  extended  fr«mtier  on  both  oceans, 
have  more  *interest  than  any  other  maritime  Tower  in  recogniz-  [101] 
ing  that  fact. 

If  the  recognition  of  belligerency  by  a  neutral,  in  favor  of  an  organ- 
ized insurrection,  authorizes  a  so-called  Goveriunent  of  insurrectionists 
to  issue  commissions,  which  are  to  protect  vessels  that  may  have  violated 
the  sovereignty  of  the  neutral  from  examiiuvtion,  incpiiry,  or  punishment 
by  the  neutral  authorities  when  again  within  their  jurisdiction,  tlie 
United  States,  and  other  nations  here  represented,  nuist  hold  themselves 
at  liberty  in  future  to  conform  to  such  measure  of  duty,  in  that  respect, 
avS  may  be  indicated  by  this  Tribunal. 

If  Georgias,  Alabamas,  Floridas,  and  Shenaudoahs  may  be  allowed 
to  go  out  i'rom  neutral  ports  without  violations  of  international  duty, 
to  prey  upon  the  commerce  of  friendly  nations ;  if  it  be  no  oft'ense  to 
recruit  men  for  them  and  to  send  the  recruits  to  join  them  in  Alars, 


Hermiida.^ 
lie  relievt 
dillienltie!' 
If  Tall  a 
ritory,  wit 
the 
[WU]    ri.M 

CoUi 

when  view 
iiiary  intei 

And  if  i 
tnred  earg 
e(l}ie  and 
Powers,  k 
will  be  the 

It  will  d 
precedents 


The  Uni 
the  attenti^ 
tVom  this  ' 
eoniphiint  j 

The  I'lxe 

snhjeets,  ei 

B( 

[4(Jo]    Belg 

had  i 

The  l!:mp 
laniation  co 
struggle  en 
States  whic 
States  rel'ei 
man's  vesse 
ernment  nn 

The  (Jov( 
ports,  and 
subjects  ab 
liave  \M  kw 

The  Gov( 
minions  ag; 
had  no  con 
so  far  "  as  t 
l>locl. 
[1041  *coal 
Willi 
^vall  came  i 
intwenty-f( 
tins  honora 

The  Prus 
■^liipping  or 


SUMMARY    OF   THE    POINTS   KSTAHLISIIED. 


183 


npnnndnH,  Biiliamns,  iiiul  Laurels,  tlio  United  States  as  a  neutral  will 
!)(•  relieved,  when  other  States  are  at  war,  IVoin  a  ju'cat  part  of  the 
(lilliciiities  they  encounter 'in  wateliinju;  a  lon^'  line  of  coast. 

If  Tallahassees  and  Chickauiau^as  may  be  constructed  in  neutral  ter- 
ritory, without  violation  of  international  duty,  to  serve  as  it  may  suit 
the  ])leasure  of  a  belliyeient,  alternately  either  as  blockade- 
I4C2]  rii'ou'ra  or  as  men-of-war,  those  maritime  *nations  whose  normal 
cout  .tion  is  one  of  neutrality  need  not  rejiret  such  a  doctrine, 
wlicu  viewed,  not  in  the  liyht  of  prineiple,  but  as  affecting-  their  pecu- 
niary interests." 

And  if  it  b(^  no  oflense,  as  in  the  case  of  the  Ketribution,  to  take  a  cap- 
tilled  carfi'o  into  a  neutral  ]K)rt,  and  there  to  disi)ose  of  it  with  the  knowl- 
cdjje  and  without  the  interference  of  the  local  maj^istracy,  the  maritime 
rowers,  knowing;'  that  such  buc(^aneerini;'  customs  are  to  be  perndtted, 
will  he  the  better  able  to  jiuard  a*;'ainst  them. 

It  will  depend  upon  this  Tribunal  to  say  whether  any  or  all' of  these 
precedents  are  to  be  sanctioned  and  are  to  stand  for  future  {guidance. 


Th.'  f"  nilui't  ol 
ntli'M'  t;nti(i)»s  i  uij- 
lri.il. 'il  viilh  lli,it  111 
tin-.:t  llrit.iin. 


The  United  States,  in  closiuf?  this  brauch  of  the  Case,  <lesire  to  call 
tlie  attention  of  the  Tribunal  to  the  fact  that  they  came  out 
iVom  this  Ions:  and  bloody  contest  without  sc^rious  cause  of 
coinplaint  against  any  nation  except  Great  JJritain. 

Tlie  Executives  of  other  nations  issued  notices  to  their  citizens  or 
subjects,  enjoining"  upon  them  to  remain  neurral  in  the  contest. 

IJelgium  issued  a  notice  on  the  L'.-)th  of  June,  IStil,  warning 

[403]    Belgians  against  engaging  as  priva*teers.'    The  United  States 

had  never  any  cause  of  comi)laint  in  this  res])ect  against  Belgium. 

The  Emperor  of  the  Urench,on  the  lOtii  of -Tune,  ISIJI,  issue*!  a  i>ro(;- 
lamation  commanding  his  subjects  to  ''maintain  a  strict  neutrality  in  the 
striisgie  entered  ujwn  between  the  Government  of  the  Union  and  the 
States  which  pretended  to  form  a  separate  confederation."^  Tiu>  United 
States  refer  to  the  foregoing  recital  of  tlu^  i)roceedings  ag;iiiist  j\Ir.  Ar- 
iiiaii's  vessels,  as  a  proof  of  the  lidelity  with  which  the  Imperial  Gov- 
t'lnineiit  maintained  the  neutrality  which  it  imjjosed  ui)on  its  subjects. 

The  (lovernment  of  the  Netherlands  forbade  ])rivat('ers  to  enter  its 
ports,  and  warned  the  inhabitants  of  the  Netherlands  and  the  King's 
subjects  abroad  not  to  accept  letters  of  nianiue/'  The  United  States 
have  110  knowledge  that  these  directions  were  disobeyed. 

Tlie  Government  of  Portugal  shut  the  harbors  oi'  the  Portuguese  do- 
minions against  privateers  and  their  i)rizes.*  Of  this  the  United  States 
hail  no  complaint  to  make.  At  a  lat<'r  ])eriod  that  Government  went 
•solar  "as  to  forbid  the  coaling  of  any  steamer  designing  to  violate  the 
blockade,"  and  to  "require  a  bond  to  be  given,  belbre  allowing 
[404]  *coal8  to  be  furnished  at  all,  that  the  shij)  receiving  the  supply 
will  not  run  the  blockade.''^  When  the  insurgent  iron-clad  Stone- 
wall came  into  Lisbon  Harbor  in  March,  1805,  it  was  ordered  to  leave 
ill  twenty-four  hours."  The  United  States  bear  willing  testimony  to 
this  hoiiorabl3  conduct  of  Portugal. 

Tlui  Prussian  Governiueut  announced  that  it  would  not  protect  its 
shipping  or  its  subjects  who  might  take  letters  of  marque,  share  in  pri- 


'  Vol.  IV,  na.ro  3. 
'Vol.  IV,  page  G. 


-Vol.  IV,  pago  4. 
,  .   e,  ■•  Vol.  IV,  page  7. 

Mr.  Harvey  to  Mr.  Seward,  Diplomatic  CorrospoiKlence,  18(14,  part  4,  page  296. 
^  Same  to  same,  Diplomatic  Correspondence,  18(55,  part  '.i,  page  lOt). 


rR 


184 


SUMMARY   OF   THE   POINTS   ESTABLISHED. 


Viiteoiinj''  enterprises,  carry  inercliaiidiise  of  war,  or  forward  (lispatclics.' 
The  United  Stat-es  have  no  reason  to  sujjpose  that  the  snbjects  of  tlie 
Kinfi;'  of  I'rnssia  departed  from  the  line  of  duty  tlius  indicated. 

The  IJussian  Government  ordered  that  even  "  the  flag  of  men-or-war 
beUMijiing  to  the  seceded  States  must  not  he  saluted.'" 

!Sl)ain  followed  France  in  tlie  track  of  England,''  but  care  was  tiikcn 
to  avoid,  in  the  lloyal  rroclanmtion,  the  use  of  the  wovd  "  belligerciits."* 
It  has  been  seen  with  what  fidelity  and  impartiality  the  authorities  at 
Cardenas  carried  out  the  letter  and  the  spirit  of  this  iiroclama- 
tion,  when  the  *Florida  arrived  there  from  Nassau,  in  the  sum-  [4051 
mer  of  18G2. 

The  ]!}mperor  of  Brazil  required  his  subjects  to  observe  a  strict  luu 
trality ;  and  his  Government  informed  them  what  acts  of  the  bcllifii'i'. 
Guts  w<iuld  forfeit  the  right  of  hospitality.  It  was  ordered  that  "a  Ixl. 
ligerent  who  has  once  violated  ueutrality  shall  not  be  admitted  into 
the  ports  of  the  Empire;"  and  that  "  vessels  which  may  atteiu]»t  in 
violate  neutrality  shall  be  com])elledto  leave  the  maritime  territory  in: 
mediately,  an<l  they  shall  be  allowed  to  procure  no  sui)plies."  tlics^' 
rules  Avere  enforced.  The  Alabama  was  refused  the  hosi)itality  of  Vnw- 
ziliau  i)orts  in  consequence  of  violations  of  the  neutrality  whicli  tlic 
Enqieror  had  determined  to  maintain.  When  the  Tuscaloosa  caiiio  tn 
St.  Catharine's  from  Simon's  Bay,  in  November,  18(Jo,  sue  was  rcdiscd 
sui)i)lies  and  ordered  to  leave,  because  she  was  a  tender  and  prize  ol'tlic 
Alabama,  and  was  tainted  by  the  acts  of  that  vessel.  The  cominaiidcr 
of  the  Shenandoah  boarded  a  vessel  between  Cardift'and  Bahia,  opeiud 
the  manifest,  and  bi'oke  the  seal  of  the  Brazilian  Consul ;  for  this  act 
his  vessel,  and  any  vessel  which  he  might  comnuind,  were  excluded 
from  Brazilian  ports.'*  The  Imperial  Governuient,  in  all  these 
proceedings,  api)eared  desirous  *of  asserting  its  sovereignty,  and  [4(iij] 
of  maintaining  an  honest  ueutrality. 

Mr.  Fish,  in  one  of  his  first  utterances  after  he  became  Secretary  of 
State,  expressed  the  sense  which  the  United  States  entertained  of  this 
difference  between  the  conduct  of  Great  Britain  and  that  of  other  na- 
tions. "  There  were  other  Powers,"  he  said,  "  that  were  conteuipoia- 
neous  with  England  in  similar  concessions;  but  it  Avas  in  Eughrul  only 
that  that  concession  was  supplemented  by  acts  causing  direct  daniajie 
to  the  United  States.  The  President  is  careful  to  nuike  this  diserimi 
nation,  because  he  is  anxious,  as  much  as  possible,  to  simplify  the  am, 
and  to  bring  into  view  these  subsequent  acts,  which  are  so  important  iu 
determining  the  question  between  the  two  countries."'' 

1  Vol.  IV,  page  8. 

■'  Vol.  IV,  page  9. 

3  Vol.  IV,  page  10. 

*  Vol.  IV,  i)age  9. 

6  Vol.  VI,  page  538. 

8  Mr.  Fish  to  Mr.  Motley,  May  15, 1869,  Vol.  VI,  page  4. 


[407] 


*PART  VI. 


if 


TUB  TRIBUNAL  SHOULD  AWARD  A  SUM  IN  GROSS  TO  THE 

UNITED  STATES. 

In  tlio  opening  couforence  of  tlie  Joint  High  Commission  relating  to 
the  Alabaniii  Claims,  tlie  Aujorican  Commissioners  stated  „ii,.r.,f,h,.Am.r 
till'  nature  of  the  demands  of  the  United  States.  They  said  ;;;''\i',;''r,','"''ni«h 
that  there  >vere  "  extensive  direct  losses  in  the  capture  and  ^""""'^'"'>»- 
(lestnu'tion  of  a  large  number  of  vessels  with  their  cargoes,  and  in  the 
heavy  national  expenditures  in  the  pursuit  of  the  cruisers,  and  indirect 
iiijuiy  in  the  transfer  of  a  large  part  of  the  Anu'dcan  commercial  marine 
to  the  Ihitish  Hag,  in  tlie  enlianced  i)ayments  of  insurance,  in  the  pro- 
lonj^atiou  of  the  war,  and  in  the  addition  of  a  large  sum  to  the  cost  of 
the  war  and  the  suppression  of  the  rebellion."  They  further  said  that 
tlie  amount  of  the  direct  losses  to  individuals  '•  which  had  thus  far  been 
inesented,  amounted  to  about  fourteen  millions  of  dollars,  without  inter- 
est, which  amount  was  liable  to  be  greatly  increa  •icd  by  claims  which 
hud  not  been  presented:"  and  that  the  direct  loss  to  the  (Jovernment 

"  in  the  pursuit  of  cruisers  could  easily  be  ascertained  by  certiU- 
[108]    cates  of  Government  accounting  oflicers."    They  added  tliat  *"in 

the  hope  of  an  amicable  settlement,  no  estimate  was  nuule  of  the 
imliiect  losses,  without  prejudice,  however,  to  the  right  of  indemnifica- 
tion on  their  account  in  the  event  of  no  such  vsettlement  being  made."^ 
The  British  Commissioners  declined  to  make  the  "  amicable  settle- 
ment'' which  was  proposed  on  the  part  of  the  United  States,  u.i.vticn  ..r  th» 
The  Joint  High  Commission  then  entered  into  negotiations  ol;;',,,';^',,;!;,',^!;"''"'' 
which  resulted  in  jin  agreement  "in  order  to  remove  and  „/rr™on'' ty"  t'ho 
iidjiist  all  complaints  and  claims  on  the  part  of  the  United  '"""*• 
States,  and  to  provide  ibr  the  speedy  settlement  of  suith  claims,"  that 
iill  the  claims  "  growing  out  of  the  acts  con)mitted  by  the  several  ves- 
si'ls  which  have  given  rise  to  the  claims  generically  known  as  the  Ala- 
kiiiia  Claims,"  should  be  referred  to  this  Tribunal  of  Arbitration.  It 
WHS  iiuther  agreed  that  this  Tribunal,  should  it  find  that  Great  Britain 
liad,  by  any  act  or  omission,  failed  to  fulfill  any  of  the  duties  set  forth 
iii  the  rules  in  the  sixth  article  of  the  Treaty,  or  recognized  by  princi- 
ple's of  International  Law  not  inconsistent  witli  such  rules,  might  then 
"proceed  to  award  a  sum  in  gross  to  be  paid  by  (xreat  Britain  to  the 

United  States  for  all  the  claims  referred  to  it." 
[lOOj       *The  claims  as  stated  by  the  American  Commissioners  may 

be  classified  as  follows:  r.,.,„r,ni statement 

1.  The  claims  for  direct  losses  growing  out  of  the  destruc-  "f  ""^  *-'^'"*- 
tiou  of  vessels  ^md  their  cargoes  by  the  insurgent  cruisers. 

2.  Tlie  national  expenditures  in  the  pursuit  of  those  cruisers. 

3.  The  loss  in  the  transfer  of  the  American  commercial  marine  to  the 
British  tiag. 

4.  Ti>e  enhanced  payments  of  insurance. 

5.  Tiie  prolongation  of  the  war  and  the  addition  of  a  large  sum  to  the 
cost  of  the  war  and  the  suppression  of  the  rebellion. 

So  far  as  these  various  losses  and  expenditures  grew  out  of  the  acts 

'  Ante,  pages  10, 11. 


186 


A   SUM   IN   GROSS   SHOULD   BE    AWARDIJD. 


liwi 


The 


Oovcriiiin'iil  vc 


comiiiittod  l».v  tlio  several  eriiisers,  the  United  Stiites  nre  entitled  to  ask 
coiiiix'iisation  iind  reiiinneiation  tiieiclor  bet'Dre  lliis  Tiibunal. 

The  i'liiiins  for  direi^t  h)sse.s  ;;n)\vin<;'  out  of  the  destrnetion  of  vessels 

ii!id  their  ciirmoes  may  he  fni'ther  snixlivided  iiito :  I.  ('luiiiis 
..t.i..,tr,„i,m,..iv. ..  lor  (lestrnetion  ol  vessels  and  property  oi  the  (>overiniieiit  (4 

the  Tuited  States.  U.  Clainis  lor  the  deslrnclioii  of  vessels 
and  property  uiidei' the  Ha^' of  Ihe  United  States.  .'}.  (Claims  for  (lam- 
a;;('s  tjr  injnries  to  peisoiis,  <;ro\vinji'  ont  of  t!u'  destrnetion  of  eaeli  c'ass 
of  vessels.  In  the  a('e()nii)anyi!i;i'  \'olnine,  \'I1,  the  Tribnnal  will 
linil  ample  data  for  «U'lerinini!i;u'  *tht!  amount  of  damai'c  which  [  ITnj 
slnadd  Ix^  awarded  in  eonsecjuenee  of  the  injnries  inllieted  Ity 
reason  of  the  dc\sti  iietion  of  vessels  or  property,  whether  of  the  Vmy- 
ernmi'iit  or  of  i»rivale  jiersons. 

(iovernment  vessels  destroyed  were  of  two  ehissps — those  iukUt 

the  eharyc  of  the  Treasury  DejiartnuMit.  and  those  in  cliaijic 

of  the  Navy  Department.  The  Triltunal  (»f  Arbitration  will 
Iind  in  Vohune  VII  <lelaiied  statements  of  this  class  of  losses,  ceriilinl 
by  the  Secretary  of  the  Xavy,  or  by  the  Secretary  of  the  Treasury,  iis 
the  case  may  be. 

The  United  States  reserve,  however,  as^o  this  and  as  to  all  otluM"  classes 
of  claims,  the  rijiiit  to  i)resent  lurther  claims  and  further  evidence  in 
support  of  these  and  such  further  claims,  for  the  consideration  of  this 
Tribunal ;  and  also  sindlar  riiL>,hts  as  to  all  classes  of  (;laims,  in  case  this 
Tribunal  shall  determine  not  to  award  a  sum  in  gross  to  the  Uiiiied 
States. 

The  United  States,  with  this  reservation,  present  a  detailed  statoinciit 

of  all  the  claims  which  have  as  yet  come  to  tlieir  knowleil^v, 
.  ,-r,i,.nt-*.-„.i,.      ^.  ^^  ^j^^^  destruction  of  vessels  and  jjroperty  by  the  cniiseis, 

The  statement  shows  the  cruiser  which  did  tiie  injury,  the  vessel  destroyeil, 
the  several  clainiiiuts  for  the  vessel  an<l  for  the  caryo,  the  aiiioaiits 
[471]  insured  upon  each,  and  all  the  other  *facts  necessary  to  enable  tlic 
Tribunal  to  reach  a  conclusion  as  to  the  amount  of  the  iiijuiy 
committed  Isy  the  cruiser.  It  also  shows  the  natiu-e  and  character  of  the 
l)ro()f  i)la(!ed  in  tlui  hands  of  the  United  States  by  the  suiferers.  Tlio 
originals  of  the  documents  referred  to  are  on  fde  in  the  J)epartiiuMit  (it 
State  at  Washington,  and  can  be  produced  if  desired.  The  United 
Stales  oidy  ask  a  reasonable  notice,  giving  them  suiJicient  opportunity 
to  produce  them. 

It  is  impossible,  at  present,  for  the  United  States  to  present  to  tlio 
Tribunal  a  detailed  statement  of  the  danniges  dy  injuries  to 
persons  growing  out  of  the  destruction  of  each  class  of  vt'S- 
sels.  Every  vessel  Imd  its  ollicers  and  its  crew,  who  Avere  entitled  to 
the  protection  of  the  flag  of  the  United  States,  and  to  be  included  v.\ 
the  estimate  of  any  sum  which  the  Tribunal  may  see  lit  to  award.  It 
will  not  be  dillicult,  ironi  the  data  which  are  furnished,  to  ascertain  the 
names  and  the  tonnage  of  the  different  vessels  destroyed,  and  toloim 
an  estimate  of  the  number  of  hardy,  but  helpless,  seamen  who  wnv  thu? 
<le])rived  of  their  means  of  subsistence,  and  to  determine  what  a^^f-ie 
gate  sum  it  would  be  just  to  place  in  the  hands  of  the  United  States  on 
that  account.  It  cainiot  be  less  than  hundreds  of  thousands,  and  pos 
sibly  millions  of  dollars. 

*Tho  United  States  present  to  the  Tribunal  a  detailed  state- 
Kx,..,uiiture,    in  nicut  of  the  aujount  of  the  national  expenditure  in 
pur»uii<.rcru,«r,.    ^jj^,  pui-fjuit  of  the  iusurgeut  cruisers,  verified  in  the  uiaiiiier 
proposed  by  the  American  members  of  the  Joint  High  Comlaissiou. 
The  aggregate  of  this  amount  is  several  millions  of  dollars. 


Injuries  tn  persons 


[472] 


A    SUM   IN    GROSS    SHOULD   BE   AWARDED. 


187 


The  TTnitod  States  ask  tlie  Tribunal  of  Arbitration  to  ostiniato  tlio 
niiioimt  wliieli  oUiU'lit  to  Ix'  paid  to  tlicai  lor  the  transfer  of    Tr,i,-f,r..rv.v..i, 
the  American  eoniniereii'.'  marine  to  llie  IJritisii  llaji',  in  eon-  ""i"' "n'-i'H  •• 
s((|iti'iic('  of  llu^  acts  of  tile  rebel  <'rnisers. 

Oil  tlie  i;»tli  of  May,  lS(Jt,  Mr.  Colxlen  waiiied  the  House  of  Coniiiions 
(if  the  ;;reat  losses  wliieh  tiio  IJniteil  States  were  suffering'  in  tlii.s 
ivspcct.     He  said:  ' 

'•  Veil  liave  been  earryiny-  on  hostilities  fVoin  these  shores  against  the 
]]vo\>\{'  of  the  United  States,  and  have  been  inliietin^r  an  aiiioiinl  of  dam- 
ii^i'c  on  that  eonntry  greater  than  would  be  produced  by  nian.\  ord'nary 
Wilis.     It  is  estimated  that  tlie  loss  siish'ined  by  the  capture  and  iiini- 
iiit;'  of  American  vi'ssels  has  been  about  s|.'),U(io,0(i(),  or  nearly  ,C.).<l(i(»,<in() 
sti'rliii,u'.     J»nt  that  is  a  small  part  of  the  injary  which  lias  been  inllieteil 
en  the  America.i  marine.     We  have  rendered  the  rest  of  her  vast 
\\'i:V\    mercantile  proi>erty  lor  the  i)resent  valne*less.     Under  tlie  sys- 
tem of  free  trade,  by  which  the  eommerco  of  the  world  is  now  so 
liirji'dy  carried  on,  if  yon  raise  the  rate  of  insurance  on  the  lla.u'  oi'  any 
)liiiitiine  Power  you  throw  the  ti'ade  into  the  hands  of  its  conqietitors, 
liccause  it  is  no  lonj^er  j)rolitable  tor  merchants  or  manuiaetiirers  to  em- 
]il()y  ships  to  carry  freij^hts  when   tliosc^  vessels  become  liable  to  war 
lisks.    1  have  here  one  or  two  facts  which   1  should   like  to  lay  before 
tlic  honorable  and  learned  jAcntleman,  in  or(l(>r  to  show  the  v. ay  in  which 
this  has  been  operatiiiiL'".     AVheii  he  has  Iward  them,  he  vs  ill  see  what  a 
criu'l  satire  it  is  to  say  that  our  laws  ha\-e  been  found  sufiicient  to  eu- 
for('(^  our  neiitrjility,   1  hohl  in  my  hand  an  account  of  the  forei<;'n  trade 
of  Now  York  for  the  (luarter  ending'  ,!une  ;!(),  l(S(i(),  and  also  lor  the 
(|Uiu-tov  ending;'  Juno  oO,  l.S().'»,  which  is  the  last  (lat<'  up  t<>  which  a  com- 
])iiiisoii  is  made.     I  lin«l  that  the  total  amount  of  the  tbnMiiii   trade  of 
Xcw  York  for  tlic  iirst mentioned  jteriod   was  8niJ.<!''l>.<)'*»),  of    whi(,'h 
.•'iii.*,(«)(),0()O  were  carried  in  Americaii  bottoms  and  $:;(),'  )(),ll()0  in   for- 
('ii;ii.     This  state  of  thinj^s  rajjidly  ehan.y,('d  as  the  war  cojitinned,  for  it 
iiplH'nvs  that  for  the  <iuarter  emlinj;'  rlune  ."iO,  1S(;;5,  the  total  amount  of 
the  for('ijj:n  trade  of  Xew  Y'^ork   was  SSS,0O(),()O{),  of   which   amount 
$L*;>,()00,(K)0  wore  carried  in  American  vessels  and  s().").(i!il(,(l!)!)  in 
[471]    foreif>'n,  the  chanj^e  *bron.uht  about  bein.y-  tlmt  whih^  in  18(50  two- 
thirds  of  the  commerce  of  >«'ew  York  wc^re  carried. on  in  Ameri- 
can bottoms,  in  1803  three-fourths  were  carried  on  in  forei!L;n  bottoms. 
You  see,  therefore,  what  a  comi>lete  revoluticm  must  have  taken  place 
ill  the  value  of  American   ship{>iny;   and  ■what  has  been  the  conse- 
(lui'ijcef    That  a  very  large  transfer  has  been  made  of  American  ship- 
ping to  English  owners,  because  the  proprietois  no  longer  found  it  prolit- 
iiblt'  to  carry  on  their  business.      A  doeuuK'Ht  has  beiMi  laid  on  the 
table  which  gives  us  some  imimrtant  information  on  tiiis  subject.      I 
ivfer  to  an  account  of  the  number  and  tonnage  of  United  States  vessels 
which  have  been  registered  in  the  United  Kingdom  and  in  the  ports  of 
hiitish  North  America  between  the  years  IS^.S  and  1803,  both  inclusive. 
It  shows  that  the  transfer  of  Uidted  States  shii)ping  to  English  capi- 
talists in  each  of  the  years  comprised  in  that  period  was  as  follows : 

"  In  1858,  vessels  33,  tonnage  12,084. 

"  III  1859,  vessels  49,  tonnage  21,308. 

"  In  1800,  vessels  41,  tonnage  13,038. 

"  In  1801,  vessels  120,  tonnage  71,073. 

"  111  1802,  vessels  135,  tonnage  04,578. 
J^u  1803,  vessels  348,  tonnage  252,579.2 

'Hansard,  3(1  series,  Vol.  17.'),  pp.  496-500 ;  Vol.  V,  pa<?o  589. 

flu  the  year  1864  one  hundred  ftntl  six  vessels  wero  transferred  to  the  British  flag, 
^ith  an  aggregate  tonnage  ot  92,052  tons. 


..t 


188 


A   BUM   IN   GROSS   SHObLD   BE   AWAKDED. 


KiiIi.iiumm!  rill 
in-iuriiiii  t'. 


•"  I  am  tohl  that  tliis  opciatiou  is  now  going  on  as  fast  as  over.    [  j;,"*] 
Kow,  1  hold  thi«  to  In?  thi'  most  serious  aspect  of  the  (lucstion 
of  our  rchitions  willi  Aiiu'iicia.    I  care  very  litth'  about  what  iit'ws|i;i. 

Iters  may  write,  or  orators  may  utter,  on  one  side  or  tlie  otlier.  \\  ••  nmy 
)alan(-e  oif  an  iiiiiammatory  speech  from  an  honorable  member  Ikmv 
against  a  similar  speech  maih'  in  tlie  (^)ngress  at  Washington.  WC  nmy 
l)air  oil'  a  leading  artieh^  i)ublishe(l  in  New  York  against  one  pnidisliiil 
in  liOndon  ;  but  little  conse(pu'nce,  I  suspect,  would  hit  attached  td 
either.  The  two  countries,  1  hope,  would  discount  these  incendiiiiv  ai 
tides,  or  these  incendiary  harangues,  at  their  jtroper  value.  IJiit  wlmt 
I  do  lear  in  tlie  relations  between  these  two  nations  of  the  same  riicc. 
is  tlu!  hea|)ing  up  »»f  a  giganti<'  material  grievance,  such  as  we  an-  now 
accumidaling  l>y  the  transactions  cotnu'cted  with  these  crniseis;  Ik-. 
cause  there  is  a  vast  amount  of  individual  sutfering,  personal  widiij;, 
and  personal  I'ancor  arising  out  of  this  matter,  and  that  in  a  comitiv 
where  popular  I'eeling  rules  in  jtublic  alfairs.  1  am  not  sure  tli:il  ;niy 
legislation  <*an  meet  tins  (piestion.  What  with  the  high  rate  <>!'  Imsiu 
ance,  what  with  these  captures,  ami  what  with  the  rapid  traiisler  df 
toiMiage  to  IJritish  capitalists,  yon  have  virtually  ma<le  valueless 
that  vast  i)ro|»erty.  Why,  if  you  ha«l  gone  and  helped  *tlie  Con-  [ITii] 
federates  by  bombarding  all  the  accessible  seajtort  towns  of 
America,  a  few  lives  might  have  been  lost  which,  as  it  is,  have  not  liccii 
sacriliced,  but  you  could  hardly  have  done  more  injury  in  desti(»,viii^ 
IHoperty  than  you  hav<^  done  Isy  these  few  cruisers." 

With  the  reservations  alreatly  stated,  the  United  States  present  the 
amount,  s(>  far  as  it  iias  come  to  their  knowledge,  ol  tliccii 
hanced  payments  of  insurance,  caused  by  the  acts  of  tli<' 
insurgent  cruisers.  Al'.  of  these  cruisers  came  from  lOngiand:  ainl 
should  the  Tribunal  iind  Great  Britain  rcsijonsible  for  the  iiijiuiis 
caused  by  their  acts,  it  canjiot  be  denied  that  the  war  risk  was  tlic  iv 
suit  of  their  disi)atcli  from  IJritish  ports.  The  anunintof  this  injury,  so 
far  as  yet  known  to  the  United  States,  apjtears  in  Vol.  Yll. 

It  is  impossible  for  the  United  States  to  determine,  it  is  perhaps  iiii 
iTniongatmaoftht.  posslblc  for  aoy  one  to  estimate  with  accuracy,  the  vast  in- 
^^'"  iury  which  these  cruisers  caused  in  prolonging  the  war. 

The  great  exertions  which  were  made  in  the  months  of  April,  May. 
and  June,  1803,  to  secure  arms  and  ammunitiim  for  immediate  use  in 
llichmoml  have  already  been  noted.  Letter  followed  letter  in  laiiiil 
succession,  urging  Walker  to  forward  the  desired  articles  without 
delay.  The  energetic  measures  which  Walker  took  to  obtain  ♦coal  [I'T] 
to  enable  him  to  comply  with  his  instructions  have  been  com- 
mented on.  The  insurrection  was  at  that  moment  gathering  itself  up 
for  a  blow  which  was  intended  to  be  final  and  decisive. 

On  the  29th  of  April  in  that  year  Grant,  having  taken  an  army  past 
the  fortiflcaaons  of  Vicksburg,  began  the  attack  upon  Grand  Gnlf,  and 
from  that  day  conducted  his  operations  with  such  vigor  that,  by  the 
21st  of  May  he  had  defeated  the  armies  of  tueli  insurgents  in  live  pitclitd 
battles,  and  had  commenced  the  investment  of  Vicksburg.  In  the  At 
lantic  States  the  fortunes  of  the  United  States  had  been  less  favoiabk'. 
The  Army  of  the  Potomac  under  Hooker  had  met  with  a  decided  reverse 
at  Chancellorsville,  and  was  resting  inactive  after  the  failure. 

The  military  authories  at  Richmond,  having  received  the  snppliw 
which  Walker  had  forwarded,  selected  this  moment  for  a  blow  in  Poun- 
sylvauia,  which  was  intended  at  once  to  relieve  Vicksburg,  and  deciiie 
the  contest.  History  tells  how  utterly  they  failed.  After  three  days  of 
bloody  fighting,  Lee  retired  from  Gettysburg  discomfited.  The  same 
day  Grant  entered  Vicksburg  and  opened  the  Mississippi. 


A   SUM    IN    GROSS   SHOULD   BE   AWARDED. 


189 


The  Kli  «lay  of  July,  180;j,  siiw  tho  nffffrcssivo  force  on  laiul  of  tlio 
iiisiirrcct'on  niisIuMl.     From  that  «lay  its  only  liopc  lay  in  i)ro- 
[478]   lon^iiiij;'  a  dcfoiisc!  *nntil,  by  the  contiiniaiuMi  (>f  the  prnnittod 
violations  of  Ihitisli   n«'utiality  by  the  iiisurjfcnts,  tlui   United 
States  sliouhl  becoino  involved  in  a  war  wiih  (Ircat  Ilritain.     The  in- 
sii'.'ijeiits  liad,  at  that  time,  j>'o()d  reason  to  look  foi-  that  resnlt.    Tho 
rimidii,  the  Alabama,  the  (leorj^iii  had  left  Hritish  ports  for  the  pnrpose 
of  ciiiryiii};  <»n  war  aj>ainst  tlu;  Tnited  States,  iind  were,  nevei-theless, 
ivccivcil  with  unnsnal  honors  and  hospitality  in  all  the  coloiiiid  ports  of 
Ciiviit  I'litain.    Ordy  ten  days  before  tln^  battle  of  (Jettysbur;:;',  thejndj^e 
wlio  l>resided  at  the  trial  of  the  Alexandra  had  instrneted  the  jury  that 
iioliiw  (»!•  dnty  of  (Jreat  Jiritain   had  been  violated  in  the  eonstrnction 
1111(1  (lispateh  of  tln^  Alabanm.     About  three  nuaiths  before  that  time 
Ilcr Majesty's  (loverinnent  had  de<'i(led  that  they  woi.ld  not  recommend 
Piiilianieiit  to  emu't  a  more  elfectiv<i  law  for  the  preservation  of  nen- 
tnility.    Laird  was  eonstrnetin.i?  the  rams  in  Liverpool  nnder  the  exist- 
in;.'' interpretation  of  the  law,  and  the  IJritish  (loveriimeiit  was  refnsiii}? 
to  interfere  with  them.     The  Chaneellor  of  the  ICxcheqner,  tive  days  be- 
fore the  battle  of  tJettysbnr<>:,  had  declared  in  the  House  of  Commons, 
s|)eakin;>'  not  individnally,  bnt  in  the  jjlnral,  '-We  do  noi,  beli(>ve  that 
till' restoration  of  the  American  Union  l)y  tbrce  is  altiiirible."     Under 
these  eircnmstances  the  insnrjjents  mad(^  jjreat  exertions  to  keep 
[470]   the  *riorida,  the  Alabanm,  and  the  (leorj^ia  ath*  d,  and  to  stinni- 
late  their  otlicers  and  crews  to  renewed  des.  action  of  the  coin- 
iiieree  of  the  United  States.     They  connted,  not   '  ithont  reason,  n])on 
iiitlaniiii};  popular  passion  in  the  United  vStates  by  the  continuance  of 
tiiese  acts,  n  iti'    he  people  should  force  the  (lovernm-nt  into  a  retalia- 
lion  npon  (Iroat  IJritain,  the  real  autlan"  of  their  woes.     In  pursuance 
of  till-    i»olicy  they  withdrew  their  military  forces  within  tlm  lines  of 
llieliinoiid,  and  poured  money  into  linliock's  liamls  to  keej)  alloat  and 
increase  his  British-built  navj',  and  to  send  it  into  the  most  distant  seas 
in  pursuit  of  the  merchant  marine  of  the  United  States. 

Tlins  the  Tribunal  will  see  that,  after  the  battle  of  GettysbnrjCf,  the 
ntlensive  operations  of  the  insur<;ents  were  condu<rte<l  only  at  sea, 
through  the  cruisers;  and  observinj?  that  the  war  was  luolon^ed  for 
that  purpose,  will  be  able  to  determine  whether  Great  liritain  ou^iht 
not,  in  eipiity,  to  reimburse  to  the  United  States  the  expenses  thereby 
entailed  upon  them. 

On  all  these  points  evidence  is  presented  which  will  enable  the 
Tribunal  to  ascertain  and  determine  the  amount  of  the  sev-  int..r.,..i,im«!to 
cial  losses  and  injuries  complained  of.  To  the  amount  thus  'i"^  i "=  "'>>>' "™i- 
shown  should  be  added  interest  upon  the  claims  to  the  day  when 
[480]  the  award  is  payable  by  the  terms  of  the  Treaty,  *namely,  twelve 
:iioiiths  after  the  date  of  the  award.  The  usual  legal  rate  of 
interest  in  the  city  of  New  York,  where  most  of  the  claims  of  individuals 
are  held,  is  seven  per  cent,  per  annum.  In  some  of  the  States  it  is 
greater;  in  few  of  them  less.  The  United  States  make  a  claim  for  in- 
terest at  that  rate.  The  computation  of  the  interest  should  be  made 
from  an  average  day  to  be  determined.  The  United  States  suggest  the 
Ist  day  of  July,  1803,  as  the  most  equitable  day. 

They  earnestly  hope  that  the  Tribunal  Avill  exercise  the  power  con- 
ferred upon  it  to  award  a  sum  in  gross  to  be  paid  by  Great    „^^^^^,  ^^ 
Britain  to  the  United  States.    The  injuries  of  wliith  the  froM«um"houurb! 
United  States  complain  were  committed  many  years  since. 
The  original  wrongs  to  the  suflferers  by  the  acts  of  the  insurgent  cruisers 
have  been  increased  by  the  delay  in  making  reparation.    It  will  be 


190 


A   SUM  IN   GROSS   SHOULD   BE   AWARDED. 


unjust  to  impose  further  delay,  and  the  expense  of  preseutinjj  chihns  to 
another  Tribuiiiil,  if  the  evidence  which  tlie  United  States  have  tlio 
honor  to  present  i'ortho  consideration  of  these  Arbitrators  shall  juovi- 
to  be  sullicient  to  enable  them  to  determine  what  sum  in  gross  would 
be  II  jnst  compensation  to  the  United  States  for  the  injuries  and  losses 
of  which  they  complain. 

Above  all  it  is  in  the  liighest  interest  of  the  tw'o  great  Powers 
which  appear  at  this  bar,  that  the  *canse8  of  diiference  which    [481] 
have  been  hereinbefore  set  forth  should  be  speedily  and  forever 
set  at  rest.     The  United  States  entertain  a  confident  expectation  tlmt 
Her  Majesty's  Government  w  ill  concur  with  them  in  this  opinion. 


IN  DEX. 


Ct'nevn 

J'u:ic. 

Adams,  Ciiaiilks  Fiiancis  : 

(l;iy  »>f  ])r()1iiilil(;  Jirrival  in  London  known  in  advanco oO 

arrivt's  in  LmihIou oT 

connnciits  on  ni-f^otiatioiiH  r<'<j;ardin<;  declaration  of  Paris. . .  7:6 

complains  of  (l()ii)j;'.s  at  Nassan 2I>"J 

(•(imiilains  of  insurgent  ojx'rations  in  IJiitish  jnrisdiction 2-M 

siiyts  iiisuij^cnt  govcrnnK-nt  is  interested  in  bloekade-rnnniny   Ss'ii-yS-l 

fiutlier  rcjtrcHi'ntations  a.s  to  bloekade-rnnners 28^ 

rciire.scntations  as  to  the.  llondnras..  .'. 'Jtit) 

not i lies  Ivirl  Knssell  that  sale  of  Hninter  will  not  be  rceoynized  o'Jl 

informs  Earl  Kiissell  of  tlio  character  of  the  I'iorida ',V.]7) 

brings  to  Karl  Knssell'.s  notice  treatment  of  Florida  incoloiuijs  ISdl 

calls  Karl  liMssell's  attention  to  the  Alabama 'MG 

sends  Karl  l{nss(ill  allidavits  regardin;;' Alabama 373 

confers  with  Karl  Knssell  about  tin;  Alabama 375 

complains  to  Karl  Knssell  of  the  (icorjiia 397 

complains  to  Karl  Knssell  of  enlistments  for  the  Gedrjfia  ...  31*9, 4U0 

comjjlains  to  Karl  Knssell  of  the  (ieorgia 404, '105 

comi>lains  to  Ivirl  linssell  about  the  Shenandoah 4"il,450 

conipliiins  to  Earl  Knssell  abont  the  Lanrel 452 

Aii.ois,  John  (Jrixcv: 

correspondi-nco  regarding  claims  of  Portngal 130-145 

AliMUiALTY  AM)  COLONIAL  INSTIU'CTIOXS  : 

of  Jannary  31,  IriG'i,  unfriendly  to  United  States 229 

abstract  of  those  instrnctions 233 

Adiui'PiXA,  The: 

takes  stores  and  coal  to  Alabama  at  Terccira 378 

takes  coal  to  same  at  Martinic^ue 382 

Ajax,  Till-; : 

inijnirios  as  to 298 

Alaiuma,  Till-; : 

short  sketch  of 213 

Lord  Knssell  thinks  it  u  scandal  to  British  laws 254 

description  of 3(i4 

l)nilt  for  insnrgent  man-of-war 3(55 

contracted  for  by  Bnlloek , 3C5 

crew  of,  wages  paid  by  Eraser,  Trenholni  &  Co 3(iG 

cnstonis  oilieers  report  her  a  nnm-of-war 3G8 

attenticm  of  Liverjuiol  collector  called  to  her 369 

lie  s(>es  nothing  wrong  in  her 3(19 

Mr.  K.  P.  Collier's  opinion  taken  as  to 370 

affidavits  as  to  charjicter  of  obtained  an«l  ollicially  eoniuni- 

nicated  to  British  government 371 

these  aflidavits  remain  a  week  unacted  npon 373 

orders  then  given  to  detain 373 

orders  revealed  and  Alabama  escapes 575 

goes  to  Moelf ra  Buy  ntul  the  Hercules  follows  next  day  with 

crew 376 

gross  ineflicieucy,  or  worse,  of  the  -oUector 376 

the  Alabama  proctseds  to  Terceira 377 

receives  arms,  stores,  and  coal  from  Bahama  and  Agrippina.  378 

was  adapted  for  warlike  purposes  wlicu  sho  left  Liverpool..  379 

was  litted  out  there,  at  lejist  in  part 380 

Senimes's  opinion  c  f  the  vessel 381 

she  receives  coal  from  Agrippina  at  Martinique 382 

is  received  at  Jamaica  as  a  man-of-war 382 


114 


16/ 


elili'iu 
Ihiije 

28 
28 

36 

95 

101 

-115 

117 

117 

i;;o 

135 
144 
147 
149 
150 
158 
159 
161 
178 
179 


60-62 

91 
96 

151 
152 

120 

99 
104 
146 
14(i 
146 
146 
147 
147 
148 
148 

148 
149 
149 
150 

150 
150 
151 
151 
151 
152 
152 
152 
152 


192 


INDEX. 


Alakabia,  Thk  : 

jfoes  to  Brazil  and  the  Cape  of  Good  Hope 

Mr.  Adams  cotiiphiins  to  Earl  Russell 

lier  tcnd(.'r,  the  Tuscaloosa,  (see  Tuscaloosa) 

she  coals  at  Singapore 

she  coals  ajjain  at  Table  Bay 

is  sunk  oft"  Clicrbourg  by  the  Kcarsarge 

reasons  why  Great  Britain  is  liable  for  her  acts 

Ala K,  The: 

takes  arms  and  stores  to  the  Georgia 396 

Alkxaxdisa,  Tiik  : 

ruling  of  the  court  in  the  case  of 161 

seizure,  trial,  and  acquittal 258 

ruling  of  the  court  in,  enuisculated  the  foreign  enlistment  act 
of  1819 259 

Amendments  : 

of  municipal  laws  may  be  asked  by  a  belligerent 147 

of  law  of  1H19  asked  by  the  United  States  and  refused 251,253 

Ampiiion,  Thk  : 

inquiries  as  to 297 

Archer,  The  : 

career  of 363 

Armax.    (See  Bullock ;  France.) 

Arming :  ^ 

when  arming  a  vessel  is  a  violation  of  neutrality 159 

should  be  prevented  by  due  diligence 211 

Ayliffe  : 

views  as  to  diligence  and  negligence note.  153 

Bahama : 

takes  out  Florida's  armament 334 

arrival  at  Nassau 337 

arms  and  crew  from,  for  Alabama 378 

Barbadoks: 

a  base  of  hofjtile  operations 358 

Baring,  Thomas  : 

speech  on  the  Georgia 401 

Belgium  : 

course  of  the  government  of,  contrasted  with  that  of  the 

British  government , 462 

Belligerents,  (see  Blockade;  liuasell:) 

insurgents  recognized  as 47 

recognition  determined  upon  before  May  1, 1861 50 

France  consulted  as  to  recognition 52 

answer  of  the  French  government 53 

Presid«;nt'8  proclamation  not  then  received 53 

privateering  of,  legalized  by  Queen's  proclamation 58 

right  to  issue  such  proclamation  not  denied 63 

it  was  an  unfriendly  act 63 

and  issued  with  an  tinfriendly  purpose 64 

may  ask  to  have  defective  neuti-ality  laws  amended 147 

Benjamin,  Judah  P.: 

sends  agents  of  insurgent  war  department  to  Nassau 224 

Bermuda : 

(steamship)  runs  blockade  with  arms,  &c 221 

(island)  well  adapted  as  a  depot  of  insurgent  supplies 224 

an  insurgent  depot  established  there 238 

Bebkard,  Mr.  Mountague: 

computes  amount  of  cotton  in  1861 ,  note .  219 

statement  regarding;  Fraser,  Trenholm  &  Co note .  220 

describes  Nassau note.  224 

describes  the  Alexandra note.  258 


GenCTS 

edition. 

eilitiiin. 

Page. 

Page. 

383 

ir,3 

383 

lo3 

5,387 

153, 1.14 

386 

ir,4 

386 

1.14 

387 

1.14 

388 

1.11 

lid 

nil 
ifli; 

lo:i 
lio 

141 


."7 
(11 

i;5 
i:!!i 
l.'l 

143 

ii;o 

1^3 

2.1 
•2ii 
•27 
27 
27 
•21' 

;ii 

31 
31 


91 

9; 

90 
91 
91 
105 


INDEX. 


193 


Geneva  8«ronJ 

ediiiun.  editi'ttk 

Pige.  Page, 

Bebxard,  Mn.  MoMXTAorE : 

f;i ves  list  of  vessels  <letiiii>t!«l  by  Great  Britain '296  120 

lis  criticism  on  ilr.  Fisli's  dispatch  not  sustained IJOO  Til 

his  stateniont  concerning  the  Florida note  344  I'M 

Ills  statement  as  to  prosecnticMis  fur  offenses  against  foreign 

enlistment  act 400  159 

Blackstoxe,  Siu  Wiixiaxi  : 

deiines  extent  and  force  of  law  of  nations 120  53 

Blockade: 

notice  of,  by  proclamation 45  24 

proclamation  of,  when  news  of,  received  in  England 47  25 

an  imp(!rfcct  copy  submitted  to  lawolHcers 

for  opinion 49  25 

BlX)CKADE-RUXXERS: 

general  character  of, deterniinec' by  insurgent  government..  223  93 

converted  into  men-of-war,  and  fjtc  versa 414  1G4 

Bl-OCKADE-RUXXIXO  : 

operations  in  18fi2 237  97 

operations  in  1?5G3 274  111 

insurgent  government  interested  in 278  113 

complaints  thereof  to  British  government 282  114 

answer  tliat  it  is  no  otl'ense 282  114 

further  proof  of  insurgent  interest  in 28G  116 

BuxTSCiiLi,  Dii. : 

deliuition  of  neutrality 123  54 

criticism  on  the  Alabama 171  72 

BiiAZiL : 

conrso  of  the  government  of,  contrasted  with  that  of  the 

government  of  Great  Britain 465  184 

RnionT,  Mr.  : 

views  as  to  the  Queen's  proclamation ....  62  30 

speech  of,  March  13,1865 91  41 

BrixocK,  James  Dunwoody  : 

sent  to  England  by  the  insurgents 218  90 

arrives  there  in  the  summer  of  1861  240  99 

has  an  oflice  with  Fraser,  Trenholm  &  Co 241  99 

contracts  for  Florida  and  Alabama 241, 365      99, 146 

superintends  construction  of  rams 261  106 

contracts  for  constnietion  of  men-of-war  in  Franco 266  108 

remittances  to 269  109 

writes  Waddell  to  stop  destruction  by  Shenan<loah 448  177 

RriiDEN  OF  rnooF : 

thrown   upon  Great  Brituin  to  show  that  it  exercised  dili- 
gence   319  128 

('Antxs,  Lord: 

deliuition  of  due  diligence 157  67 

comment  on  the  word  "  escape  " note  216  89 

jCuAo: 

coll(.>ct8  authorities  defining  neutrally l''^'*  f>4 

[Cami'iii:i.i„Lori): 

views  ;i8  to  effect  of  Queen's  proehinniti«m 59  29 

was  Lord  CInuicellor  when  prochunat  ion  issued 98  44 

JCaxxino,  Mr.  : 

his  opinion  regarding  comhict  of  United  States  as  a  neutral. .  107  48 

|('ape  Town,  (see  Tuscaloosa ;) 

Alabama  at :W6  154 

Georgia  at 401  160 

f^HlCKAMAUGA  : 

description  of,  and  her  career 413  164 

shifts  from  blockade-runner  to  man-of-war 413  164 

reasons  wh v  Great  Britain  liable  for  acts  of 415  105 

S.  Ex.  31 13 


V 


^ 


'  V  (     • 


194 


INDEX. 


eJilinn. 
Pag*. 


Pan 


Claims  of  the  UniVed  States  : 

^reiiei'iil  Htatouient  of,  by  American  comniissiouers 10, 4fi9       9,  IRo 

rejection  of,  by  Britisli  coniniissioncrs 12, 409      Id,  i,.; 

ik'tailcd  statement  of,  wliero  to  bo  found  and  sbonltl  bo  met 
by  award  of  a  gross  sum 469, 480    If^o,  1-9 

Ci^MtENCK,  Tin:: 

career  of 303  14:, 

Coal,  (see  .//«//« Hirt;  Georgia;  Florida;  Shcuandoah  :) 

great  r.i-ed  of  insurgehts  of,  at  Bermuda,  iu  1803  277  ll:i 

wliiit  is  a  Just  rule  regarding  .siii)]>lies  of note  3*ir)  l;,i 

l»eri!iissioii  refiise«l  to  the  United  .States  to  deposit  at  Nassau. .  329  i;;,' 

Coci<nii!.\,  Sii:  Ai.i.XANnKis: 

iliarge  to  jury  in  lligbatt's  ease 395  I'l; 

ConiiKX,  IticiiAiM): 

says  (ireat  Britain  lias  recognized  duty  to  detain  oflcnding 

vessel  coining  witbin  its  jurisdiction 163-106       69-7i) 

connnents  on  loss  of  mercautilo  marine  of  United  States 472  1*; 

COI.LIEH,  R.  P. : 

solicitor  genc^ral  in  1863,  and  now  attorney  general 370  \ij 

bis  opinions  in  tlie  Alabama  matter 370,372    148,141) 

Commission  : 

as  man-of-war,  effect  of  on  offending  vessel 202  »1 

how  regarded  by  France,  Great  Britain,  Spain,  and  Portugal. .  209  !SJ 

Co:mmon  law  ok  En(;laxd  : 

international  law  is  part  of 61, 118       30,.')] 

Compensation'  for  injitiiies  : 

wben  it  should  be  made 136,109       59,71 

CoNi'EDEUATE  STATES.     (See  IimnrcctioH.) 
Connecticut  : 

n^pairs  refused  to,  at  Bavbadocs 357, 442    14;i,  175 

CoNTItAUAND  OK  WAU  : 

a  shij)  constriictpd  in  a  neutral  [tort  foi  the  use  of  a  bel- 

llgi^rent  not  to  be  confounded  with 193  ^1 

opinion  of  Ortolan,  as  to 195  *1 

opinion  of  llelftcM",  as  to 190  "l 

opinion  of  Chief  .Justice  Marshall,  as  to 201  81 

dealings  in,  in  what  lb(i  trade  of  Nassau  dillered  from 229  W 

fraudulently  cleared  at  Nassau  for  St.  John's 230  'fi 

Cotton : 

fiwnlshed  means  for  carrying  on  the  war 218  IW 

amount  unexported  in  April,  1801 note  219  t'l 

CitlMEAN  WAIt: 

course  of  Great  Britain  toward  Prussia  during 108  4-; 

Dacotaii,  The  : 

treatment  of,  at  Bermuda 353  1^1 

Dallas,  Mil  : 

interview  with  Lord  John  Kussell,  April  9,  1861 43  21 

interview  with  same.  May  1,  1831 46  -1 

Davis,  Jekkkksox,  (sec  Innitrrcction :) 

chosen  president  of  insurgent  govcruinent 37  '-' 

his  speech  acknowledging  the  same 38  -1 

Deposit  ok  ofkexse  : 

cannot  bo  made  fraudulently 209,213       8C,SS 

Diligence  : 

what  is  due l.'O  (^ 

correlative  with  negligence  151  •>) 

necessary  extent  of,  iu  order  to  escape  responsibility 152  '■^ 

definition  of  term  due  diligence 158  C7 

duty  of  a  neutral  to  exercise 211,212  '^ 

abandoninent  of,  in  advance  by  Great  Britain 250, 317    104, 1'^ 

Drou VN  r>E  Liiu Y8 : 

his  note  to  Mr.  Dayton,  concerning  iron-clada 267         1*'' 


INDEX. 


195 


edition. 
Pag*. 
DlPLEY,  COXSI'L: 

his  i'ntTgetie  action  regarding  the  Alabama 370 

EsouM).    (See  Grtat  Britain.) 

Eqlipi'IXO  : 

when  equippinsr  a  vessel  is  an  offense ir»9 

(k'lined  in  the  Alexandra  case l(Jl 

defined  in  the  IJritish  act  of  1870 101 

should  he  prevented  by  dne  diligence 211 

EviDEXCK,  (see  Tnali/  of  Washington  :) 

of  the  United  States,  how  cited  and  arranged 30 

Fawcktt.  ritKSTox  &  Co.: 

contract  lor  the  Florida 211,332 

Fisn, >Ii!. :  >     f.  onn 

his  instrnctions  to  Mr.  Motley ^  ''^^ 

the  alle;;ationsin  those  instrnctions  sustained 300 

contrasts  the  course  of  Great  Britain  with  that  of  other 

powers 466 

Fitting  oit  : 

of  a  vessel,  when  a  violation  of  duties  of  a  neutral 159 

should  be  i>reventcd  by  due  diligence 212 

Florida,  Tiik: 

construction  of,  advanced  in  November,  1861 -. 241 

sketch  of  jiroceedings  as  to  242 

money  s«!nt  to  Nassau  for,  through  J.  Fraser  &  Co 240 

i)r(K-eedings  at  Nassau  as  to  247 

Lord  Ilussell  tliinks  it  a  scandal  to  British  laws 254 

Bullock  n)akes  contract  for 3;52 

coals  at  LiveriHK)l  and  registers  as  a  British  vessel 333 

armament  for,  shipped  in  the  Bahama 334 

clears  for  Palermo  and  Januiica 336 

customs  ofiicers  report  to  be  a  man-of-war 336 

arrives  at  Nassau 337 

proceedings  against,  at  Nassau 338 

complaints  as  to,  disregariled 341 

civil  authorities  neglect  duty  in  proceedings  against 343 

judge  disregards  law  and  evidence  iu  decision  as  to 346 

crew  cnlists'd  for.  at  Nassau 347 

clearance  of  for  St.  John's  a  fraud 348 

receives  amis  and  stores  in  British  waters 348 

attempts  to  elude  Spanish  laws  and  fails 350 

enters  and  leaves  Mobile 350 

coals  and  provisions  in  excessive  quantities  at  Nassau 351 

receives  Iresh  »nipplies  at  Barbadoes  in  one  month  there- 
after       355 

protest  of  Admiral  Wilkes  as  to 355 

rc^ei vev  repairs  at  Bermuda 358 

goes  to  Brest 351) 

receives  crew,  armament,  and  niaciiinery  from  Liverpool 359 

receives  reonirs  an«l  supplies  at  Bermuda •• 300 

these  reiui  ,       f.  and  supjilies  excessive 3GI 

teiiuiuatlon  of  cruise  at  Bahia 362 

career  o(  tenders  of ,» 363 

reasons  why  Great  Britain  is  liable  for  acta  of 363 

Foreign-  Enlistment  Act  of  1819 : 

is  founded  on  the  United  States  laws 107 

intended  to  aid  in  performances  of  international  duties 108 

duies  recognized  by  it Ill 

commission  to  revise 113 

report  of  comunssioners  as  to 114 

object  of  pro|Ktsed  commission 116 

inelliciency  of  the  act 250 

propositions  for  amendment  of 251, 253 

declined  by  Great  Britain 251, 253 

emasculated  by  ruling  in  Alexandra  cose 238 


Second 
edition 

Page. 

148 


68 
iiS 
69 

87 

17 

99,134 

31,121 
184 
121 

184 

68 

87 

99 
99 
101 
101 
104 
134 
134 
KJ5 
135 
135 
136 
136 
137 
138 
139 
139 
139 
139 
140 
140 
141 

142 
142 
143 
144 
144 
144 
145 
145 
145 
145 

•  47 

48 

49 

50 

51 

51 

102 

103 

103 

105 


196 


JNDEX. 


OerwTa 
etfitiun. 

FoKKiGN  Enlistment  Act  ok  1870 : 

provisions  of 117 

judicial  construct  ion  of 117 

its  o1>j(;ct,  to  enublo  Grcut  Britain  to  fulfill  international 

dutioa 117 

FiiiVNOK : 

joint  action  of,  invited  and  secured 45 

how  rcfiards  the  effect  of  a  commission  on  a  cruiser  ille- 
gally lilted  out  209 

detains  vessels  constructed  by  Annan 2()7 

courso  of,  contrasted  with  Great  Britain's  . . .'. 4(»3 

FiJASEK,  Tkeniiolm  &  Co. : 

lirm  of,  when  founded  in  Liverpool 219 

treasury  depositaries  of  hisn  rjrents 220 

insurgent  remittances  to  Bullock  through 2(>9 

supply  Walker  with  coal  at  Bermuda 278 

pay  wages  cf  Alabama  crew 36G 

Gi'.NEr,  (see  Wanhhigton  :) 

comnussions  French  privateers  in  United  States  in  1793 127 

Jefferson's  rebuke  of 129 

Geougia,  The  : 

sketch  of  career 2r)6 

built  for  insurgents,  dtrscription  of 392 

crew  for,  engaginl  and  shipped  in  Liverpool 39;{ 

registered  as  a  British  vessel 393 

armed  from  the  Alar 396 

negligence  of  British  governmi;nt  as  to 398 

com]>laints  of  enlistments  for 399 

returns  to  Liverpool 401 

her  career  sketched  by  Mr.  Thomas  Baring 401 

goes  into  dock  at  Liverpool 400 

capture*!  by  the  Niagara 40G 

reasons  why  Great  Britain  liable  for  acts  of 406 

Okoijgiana,  The: 

inquiries  as  to 296 

(jir.TTYsnuitGii: 

preparations  for  the  battle  of 276, 277 

(  v.adiatoUjTiie: 

insurgents  contract  in  London  to  purchase 225 

arrives  in  Nassau  with  arms  and  munitions  of  war 226 

gets  permission  to  break  bulk  and  transship 226 

Gladstone,  Right  Hon.  W.  E.  : 

declines  to  consider  effect  oi  Queen's  proclamation  on  pri- 
vateering    58 

speech  of  October  7,  1862 89,215 

speech  of  June  30,  18G3 95 

GitAN  Paua,  The: 

opinion  of  the  court  in  the  case  of 201,206 

Gi.'axvim.e,  L<»i!n: 

definition  of  due  diligence 157 

GiJEAT  Britai.v,  (see  Uuiled  Slates  ;  Crimean  trar :) 

friemUy  relations  of,  with  United  Spates  before  1860 31 

various  treaties  with 31,32,33 

early  informtMl  of  views  of  Mr.  LIucoIm's  Government 42 

,       joint  action  of,  with  France 45 

invitation  of,  for  such  joint  action  unfriendly 46 

law  of  nations  part  of  lav;  of 61,118 

eondnet  in  Trent  affair 82 

cabinet  of,  personally  unfriendly  to  United  States 97 

people  of,  with  some  exceptions,  nnfriendly 98 

possible  reasons  for  such  unfriendliness 99 

action  of,  influenced  by  it 102 

its  neutrality  laws 1071-18 

pmelamation  of  its  neutrality 57,122 

iustructiuus  to  ofiicials  of,  during  insurreetioa 125 


/■oik 


Hi 

91 
HI 

ifi;t 

ll:i 

14n 

111.-, 
u 

l.)7 

i:.; 
i.>f 
i:.^ 
ir)9 
m 

V*} 

n 
m 

liO 

m 

9:1 
9;i 
y:i 


41,. »9 
4;i 

83,8:: 

c; 
111 

19, 'Ji) 

'i'l 

•>i 
30,  :c' 

G 
44 
44 
4.1 
47-ol 
!W,53 


INDEX. 


197 


Great  Bhitain  : 

minister  ot,  intervenes  against  course  of  Genet 

reply  of  Mr.  Jeft'erson  to 

duties  recoKnize<l  in  its  correspondence  with  United  Stiites.. 

liranclies  of  insurgent  government  cstablisbed  in 

admiralty  instructions  of,  unfriendly  to  the  United  States... 

recapitulation  of  breaches  of  international  duty  of 

the  base  of  the  insurgent  naval  operations 

the  arsenal  of  the  insurgents 

the  systematic  operations  of  the  insurgents  in  a  violation 

,  of  its  international  duties 

its  neutrality  pnrtial  and  insincere 

hostile  and  iinlViendly  acts  tolerated  in 

abandons  all  diligence  in  advance 

contidential    instructions    of,    supposed    to    conllict    with 

published  instructions  of  January  'M,  1HG2 

course  of,  contrasted  with  the  course  of  other  Powers 

Gross  sum  : 

reasons  for  awarding  a,  to  the  United  States 

Hammond,  Mil: 

British  minister  to  United  States  in  1793 

complains  of  acts  of  Mr.  Genet . 

receives  Mr.  Jefl'ersou's  reply 

Hardwick,  LoitD : 

views  as  to  privateering 

Hautkfkuille : 

definition  of  neutrality 

his  views  regarding  construction  of  a  vessel  of  war  on 
belligerent  account  in  neutral  territory 

Hawk,  The  : 

a  blockade-runner,  inquiries  as  to 

Hector,  The: 

built  for  Great  Britain 

Hefftek  : 

on  contraband  of  war  and  the  illegal  construction  of  ships 
of  war 

Hevligeu,  Lewis  : 

appointed  agent  at  Nassau  for  disposal  of  insurgent  cotton, 
and  for  shipment  of  arms  and  supplies 

has  conlideutial  relations  with  colonial  authorities 

operations  of,  ki  1802,  reviewed 

takes  charge  of  Florida  and  Bahama  at  Nassau 

Hercules,  The,  (see  Alabama ;) 

inquiries  as  to 

HiCKLEV,  Caitain,  R.  N.  : 

his  opinion  of  the  Florida  at  Nassau 

HiSE,  Caleb  . 

sent  to  England  by  the  insurgents 

ships  arms  and  munitions  thence  in  18G1 

ordered  to  ship  purchases  to  West  India  Islands 

operations  ofi  in  1802,  reviewed 

IXSCIIGENTS : 

government  interested  in  blockade-running 

make  Great  Britain  the  base  of  their  naval  operations 

Lnsuruection,  (see  Bdllgermta :) 

secession  of  South  Carolina  and  other  States 

election  of  president  and  vice-president 

a  large  party  in  the  South  opposed  to 

letters  of  marque  authorized 

would  have  succumbed  earlier  but  for  aid  from  Great 
Britain 

International,  The  : 

decision  as  to,  under  foreign  enlistment  act  of  1871 


Genevit 

Seronil 

edilinn. 

eilition 

Page. 

l\1.. 

ly'J 

7 to 

1'2'J 

'u> 

1:55 

.')H 

2-21 

1>I 

223 

1)1 

:{oo 

121 

;uo 

12:. 

310 

12;-. 

311 

12(1 

313 

i2(; 

314 

127 

317 

12s 

430 

171 

4GG 

184 

467 


196 


298 


358 


i5?r. 


128 
128 
129 

5G 

59 

29 

124 

54 

171 

72 

297 

120 

296 

120 

81 


225 

92 

228 

94 

237 

97 

337 

13G 

120 


13G 


218 
221 
235 
237 

90 
91 
97 
97 

282 
310 

114 
125 

36 
37 
39 
44 

21 
21 
22 
24 

311 

126 

117 

52 

198 


INDEX. 


iM 


\     . 


i.UM 


eUitioit. 
I'agr, 

Intkrnatioxal  Law  : 

a  part  of  tbo  common  law  of  England Gl,  IIB 

TiioN-CLADS,  (hi?o  LamVs  rams  ;) 

inHiirgcnts'  contract  for  six,  in  18G3 24G 

Jacqukmyns.  (See  lioliii,) 

Jamaica  : 

tlic  Alabama  at - 382 

Jay's  Thkaty.  (Seo  United  States.) 

iKKKKltSON,  Mil.: 

r«q)ly  to  Mr.  Hammond's  roproHcntations 129 

his  views  of  the  dnty  of  a  uontral  nation 133 

Joint  High  Commission  : 

iiiet'tinfj  at  Washington 9 

l»rotocol  of  coufcreucos 10 

Jones  &.  Co.: 

shiji  crew  for  Georgia  in  Liverpool 393 

trial  of  members  of,  before  Sir  Alexander  Cockbnrn 394 

Kmngkndki!,  M.  G.  &  Co. : 

connected  with  Traser,  Tronholm  &  Co note  323 

pnrchas(!  the  Snmter  at  Gibraltar 323 

and  pay  the  wages  of  Alabama  crew note  323 

Laikd,  John  : 

speech  of,  April  27,  18G3 90 

&.  Son's  contract  for  Alabama 241 

and  accompany  her  as  far  as  the  buoy  when  she  sails 370 

LAIUDS'  I5AMS : 

contract  for,  and  construction 2fil 

various  representations  by  Mr.  Ad.Tuis  as  to 2G3 

Lord  Kussell  refuses  to  interfere  with 2C3,2G4 

the  seizure  and  detention  of,  not  an  abandonment  of  pre- 
vious lax  rule  by  British  government 2G4 

LAUitKL,  Tin;  ■ 

takes  arms  and  crew  to  Shenandoah 419 

Mr.  Adams  complains  of 452 

Lewis,  Sik  Gi:oi!Gk  Cohnwall: 

says  a  proclamation  will  ho  issued  by  the  Qucon 5G 

opinion  as  to  the  duties  of  neutrals GO 

Lincoln,  Puksident,  (seo  United  States  ;  Blockade:) 

elected  President 36 

inaugurated 42 

convenes  Congress,  and  calls  out  militia 44 

Liverpool : 

branches  of  insurgent  government  established  at 221 

collector  of,  m)tiiied  as  to  Alabama 3G9, 371 

Louisa  Ann  Fanny,  The  : 

inquiries  as  to 298 

Lyndiiukst,  Loud  : 

views  as  to  law  of  England  and  duties  of  neutrals GO 

Maffitt,  Commandeu  : 

arrives  in  Nassau 227 

sends  to  Bullock  men  discharged  from  Florida 2G9 

ships  crew  for  Florida  at  Nassau 347 

Mansfield,  Loud  : 

opiu  ion  in  case  of  Russian  ambassador 119 

Maksiiall,  Chief  Justice  : 

opinion  in  the  Gran  Para  case 201, 206 

on  the  effect  of  a  commission  upon  a  man-of-war 204 

Mauuy,  The  baiuc  : 

seized  by  request  of  British  minister  at  Washington 134 

seizure  without  cause  and  discharged 135 

Melbourne.    (See  Shmandoah.) 


Sorncil 
eOit  1^ 

30,-:. 

101 


IGl) 


r.i; 

5") 


ir.r 
ir.7 

i:!0 
i:io 
i;;ij 

41 
0,1 
i:;u 

loi; 
Kir 
in; 

103 

Hi] 


ISO 
21 

ill 
147, 14H 

120 

30 

9:1 
110 
IJH 

52 

83,?.) 
e4 

58 
ad 


INDEX. 


199 


Mf.rcaxtii.k  TifAPiNO  Company  : 

li.riii  ])arlm'r«liii>  with  insurgent  goverumout 

coin'siioiitltMicc  regarding  claiiiiB  of  Portugal ....  1!W 

MlXMl'AI.  LAWS  : 

(hsiiiiu'il  to  aid  in  ]»orfornianco  of  international  duty 10(5 

international  oliligation  not.  dependent  npon  tlieni KH!, '-^1^ 

an  eviilenee  of  tlie  nation's  sense  tif  its  duties ltK» 

nential  lioniid  to  enfonc 'J II 

ln]ll;;eient  may  re<iiure  e<ifoieenient  of '211 

and  rnjKtnient  of  new,  if  ,  \lsting  laws  insnfTieient "Jll 

Great  Ihitain  lield  lej;al  i»roof  of  violation  of,  t(t  Ix^  neees- 

sary  liefore  its  ael  ion  as  a  neutral  could  bo  required ;j()l) 

MrXKirAI.  I'liOCI.AMATION  : 

tlie  I'nited  States  liad  a  right  to  expect  the  enforcement  of..  l;5r> 

Nasiivim.k,  Tin; : 

eseaprs  from  Cliarleston 328 

rt'ecivcs  exei'ssive  siipjdy  of  eoal  at  Bermiidii IJ'J'J 

limns  tlie  Harvey  ilireh 'X\0 

arrivi's  at  Southampton ',V.\0 

proeeeds  to  bernnula  and  coals  there '6'.W 

reasons  why  Great  ISritain  should  ho  hehl  responsiblo  for 

acts  of 331 

Nassai'  : 

well  adapted  for  a  dejmt  of  insurgent  supplies 22'i 

made  an  insurgent  depot  and  base  of  operations note.  221, "^'ifi 

Mr.  Adams  eomplaius  of,  to  Lord  liussell 2;$2 

made  depot  for  (luarternujster's  stores 2(50 

civil  authorities  of,  act  in  interest  of  insurgents 342 

N'KTIIKlil.ANDS  : 

course  •)f  government  of,   contrasted  with  that    of  Great 

Britain 463 

XEL'TItAI.ITY  : 

deiinilions  of,  bv  Phillimore,  Bluutschli,  Hautefeuillc,  and 

Lord  Stowell 123,124 

duty  to  observe 210 

failurt!  to  observe  as  to  San  Jacinto  and  Honduras 288 

NlXTitALrrv  laws,  (see  Forvhfii  Eiilifitmciit  Act :) 

of  United  States  enacted  at  re(|uest  of  Great  Britain 133 

XiaTi!Ai.s,  (Set!  /"<()•(«;  IkllUjercntH  ;    Treat;/ of  l\'anhintilon  :) 

duties  ol",  as  delined  in  the  treat,  of  Wa.shingtcm 22, 148 

duties  an<l  rights  of,  as  delined  in  tlie  declaration  of  Paris. ..  (19 

animus  of,  tlie  sole  crit<'rion  according  to  Lord  Westbury  ...  101 

bound  to  entbrci!  municipal  laws  in  belligerent's  favor 108,211 

dut  ies  of,  recognized  in  the  Qiujen's  i)roclamation 123, 12.'> 

bound  to  euforet;  municipal  proclanuitions 135,211 

u.se  all  the  means  in  its  power  to  prevent  viola- 

tioiisof  their  neutrality 130,212 

when  liable  to  make  compensation 13(5,212 

should   amend  defective   ncutralitv  laws  whou  requested 

by  belligerents '. 147,211 

when  should  in.stitute  proceedings  to  prevent  violations  of 

uentrality 147 

Bhoidd  detain  offending  vessels  connng  within  their  juris- 
diction   162,211 

should  not  permit  their  ports  to  be  made  the  base  of  hostile 

optirations 166,212 

summary  of  the  duties  of,  as  applicable  to  this  ciise 210-213 

obligations  of,  as  to  an  offending  vessel,  not  discharged  by 

commission  as  man-of-war 213 

nor  by  evasion  of  municipal  law 213 

wlien  they  may  not  set  up  a  deposit  of  the  offense 213 

North  : 

sent  to  England  by  the  insurgents 218 

Miss,  names  the  Virginia,  (or  Georgia) 392 


0<nievt 
ctlition. 

fat* 

Payt 

279 

u\\ 

47 

47,  H7 
47 

87 
87 
87 

147 

58 

132 
132 
133 
13'. 
•   133 

133 

92 
92, 9:5 

95 
114 
137 


183 


54 

87 

117 

58 

14,(53 
33 
45 

48,87 
54,  .'■)5 

58,87 

59,87 
59, 87 

63,87 

6:j 

69,87 

70,87 

86-88 

88 
88 
88 

90 
156 


200 


INDEX. 


M^ 


•ilitiun. 
Pvgt 

Ohkto.    (See  Florida.) 

OjtTOLAN,  TllKOIXIIEK  : 

viuwM  of,  iiH  to  coDstrnction  of  men-of-war  for  bclligorpiits 
in  neutral  iiorts.. 181 

BuyH  Niicli  vcHS(;l  not  to  bo  confounded  with  ordinary  con- 
traband of  war 105 

Palmek,  Sir  Kounukli.: 

bin  dolinition  of  du(MliligGUCo 157 

IiiH  Htatenutnt  of  tlic  oi>iniouH  of  Hriti.sb  luwyiirs noto.  1G2 

biH  views  aH  to  iLe  ellect  of  a  couiniiH^ion  upon  an  oll'onding 

vessel 204 

bis  siM^ecb  on  thu  Georgia 403 

Palmerstox,  Loiti) : 

tbinks  separation  nnist  take  place 55 

awaiting  opinion  of  law  otlicers 55 

Bpeecb  of.  March  1*7, 18(13 i>4 

Bpeecliof,  Juno  30,1803 9G 

speech  of,  July  23,1803 108 

minatory  couvcrsatiou  with  Mr.  Adams 234 

Pampkiio,  Tiik  : 

seizure  of,  and  trial 2G0 

Pai!I8,  Declahation  ok  : 

unfriendly  course  of  Great  Britain  as  to,  detailed 65-82 

Phantom,  Tin;: 

a  blockado-runner 297 

PiiiLUMORE,  Sin  K,  J. : 

decision  in  the  case  of  the  International 117 

definition  of  neutrality 123 

PlERANTONI : 

criticism  on  the  Alabama 184 

Portugal : 

abstract  of  correspondence  between,  and  the  United  States..  137-146 

principles  recognized  by,  in  that  correspondence 146 

recognizes  international  duty  to  make  compensation  for 
injuries  committed  by  cruisers  fitted  out  in  neutral  iiort. . .  169 

how  regards  efl'ect  of  commission  on  such  cruiser •. . .  209 

course  of  government  of,  contrasted  witl.  hat  of  British 
government 463 

Prioleau,  Charles  K.  : 

managing  member  of  Fraser,  Trenholm  &  Co 220 

becomes  naturalized  as  British  subject 220 

Privateering  : 

declaration  of  congress  of  Paris,  as  to 69 

Great  Britain  willing  to  legalize  with  .insurgents 74 

but  not  with  the  United  States 77 

Proclamation  : 

announcing  blockade.    (See  Blockade.) 

recognizing  insurgents  as  belligerents.    (See  BeUigerenta.) 

the  Queen's,  a  recognition  of  the  international  duties   of 

Great  Britain , 105 

such  duties  recognized  by  it  defined 123,125 

Prosecutions.    (See  Bernard.) 

Prussia  : 

course  of  government  of,  contrasted  with  that  of  British 
government 464 

Rams.    (See  Laird's  rams.) 

Rappahannock : 

short  sketch  of 291 

is  detained  by  French  authorities 2d!t 

course  of  French  government  aa  to,  contrasted  with  conduct 
of  British  officials S93 

Regret.    (Seo  Treaiy  nf  Washington.) 


S»n,n,) 

^H 

»Jlll..tl, 

^H 

Pair 

■ 

H      RcTltllllTION, 

H 

H 

lU 

H 

>•] 

H    KoMN,  Ja(:(jI-i 

H 

H 

(17 
(J'J 

H 

H    Ri:i,Kf!.  ^sct!  Ti 

>^\ 

■               tlic  p 

m) 

H 

■      El'SSKM.,    hoii 

o- 

H                 iiit(ijr( 

>)« 

1                c'l'caff 

4-.' 

1    Ei>8i':ix,  Ivvifi 

4:! 

H                piiinii^ 

4H 

H               discus 

% 

H               calls  t 

H 

loi; 

1                is  (Ion 

1                spet'ch 

H                s|i('e('li 

jJi-iw 

H                 SMeceli 

1                says  tl 

V^l 

1 

■                reply  t 

•  52 

H                 ilecliiK 

:.4 

■                    g<'»<^ 

■               dccliiii 

77 

■               suys  tl 

■               thinks 

■                   ade- 

59-(y 

(rj 

■               i'*4)ly  t 

■               scuds 

*•.' 

I                   Floij 

rtj 

I               reply  j 

■                   Jierii 

l«l 

■                tells  M 

1                           IHXtl 

91 

■               cuni'oro 

Dl 

I               says  Al 

I                ivply  t( 

X! 

I               forwart 

■£, 

B               reply  t( 

% 

I   Ki'SSIa: 

I              course  < 

■                 Bi'ita 

I  Ri'ssiAX  Aaujas 

■               arrest  o 

47 
54 

I  Saldanua's  EXl 

■               arrest  o 

I  Sausiil-uy,  Mai 

I               speech 

183 

I  Sa\ Jacinto: 

I              bow  trc 

I  Santisima  Trin 

IW 

I             opinion 

118 

I  Ska-Ki.\g,  The. 

118 

1  Semmes,  RaPHA] 

■             his  opiu 

INDEX. 


201 


0'*nrrr\  Si-iontl 

Pilltiiitl.  Pilitinn, 

RKTKIHl'noN.TlIK: 

liiiilt  iiMJufralo,  oniitiinMl  liy  rebels HHO  l.-(j 

tmni'il  into  ii  friiiscr lilX)  l.'l» 

h.r  caivcr :Wf>,;5D,>  K.r. 

KdUN,  .lAClifKMYX.S: 

VK'WH  as  ti»  tliti  Quimmi'h  proclanuitiou (!l  lU 

views  as  to  Itritish  neutrality M7  '10 

(  ritirisni  on  Mr.  ]5eiiiai'irs  lioolv 17(i  71 

Ri:i,K!«,  (set!  Trcati/  of  ll'ai^hhii/toii ;  Xciilriih:) 

the   iiiinciples  stated  in   tliesu    rnles    in   force  beforo  the 
Treaty  of  Wasliinjrton 148  G'A 

RcssKLL,  L(>i!i»  Jt)liN,   (seo   lluHwll,   Earl,   ivlurv   references  io,  are 
iiidixed:) 
I'leated  Earl  Ilnssell  dnrinj;  iiisnrreetioii U7  44 

Rl>si;u.,  K.vi!!.,  (see  DnlluH ;  .lil<imn,  Chiirlm  I'raiivii:) 

)iri>niises  to  await  Mr.  Adams's  arrival 4IJ  iJlJ 

discusses  indoiiendenci!  with  insnri{eiit  eoininissioners 51  y(5 

calls  tlio  Uaitod  States  tho  northern   i)ortion   of  tiio   lutu 

Union M  27 

is  doubtful  Juno  1,  IHIil,  wiiethcr  then;  is  u  war 57  iiH 

speeeh  of,  Oetobtr  11,  1^(11 H7  40 

speccii  of,  I'Vbrnaiy  r>,  1HG;{ IM)  41 

Hpeecli  of,  June  D,  iHi I l)()  'l;{ 

says  the  insnrgeids  build  ships  of  war  in  Great  IJritain  bo- 

eause  tliey  have  no  ports  of  tlR'ir  own !.'ir»  HI) 

roi>ly  to  Mr.  Adams's  (toinplaints  re^ardinj;'  Nassau 5i;J2  U.'> 

declines  to  act  on  ^Ir.  Adams's  complaints  regarding  insur- 
gent operations  in  February,  lHl!;{ 24'J  102 

declines  to  atlvise  amendment  of  foreign  enlistment  act 251,'^.'),$  10:{ 

says  the  Alabama  and  Onitoare  a  scandal  to  llritish  laws...  Xi.')4  104 
thinks  tlie  interest  of  tlie  insurgent  government  in  bhiek-  )    y^i',  •>'4     114,  ll.'» 

ade-runncre  shoubl  not  bo  interfered  with ^  '2'M  117 

letter  to  Mason,  .Slidell,  and  Mann '.UYJ  li'i 

reply  to  Mr.  Adams's  note  regarding  sale  of  Sumter ;>iiJ  I'.'.O 

scuds  Mr.  Adams  the  report  of    customs  otlicers  on    tlio 

Florida iliW  V.IZ 

rcjdv   to  Mr.   Adams  reganling  treatmeut  of    Florida   ut 

Bermuda SGI  144 

tells  Mr.  Adams  to  refer  evidence  about  Alabama  to  Liver- 
pool collector :{()G  140 

conference  with  Mr.  Adams  after  <'scapc  of  Alabama 'Mi>  l.'O 

says  Alabama  whs  partly  fitted  out  in  (ireat  Ibitaia ;{H0_  l.'i'i 

reply  to  Mr.  Adams's  com[daints  about  Georgia liD?  If^S 

forwards  IJiiUock's  letter  to  Waddell 448  ITS 

reply  to  Mr.  Adams's  complaints  regarding  Launl IHO 

RissiA : 

course  of  tho  goveruinent  of,  contrasted  w  itb  that  of  Great 

Britain 404  1«.1 

RissiAN  Amuassadou: 

arrest  of,  in  time  of  Queen  Anue 119  't2 

Saldanha's  k.xpkdition  : 

arrest  of,  at  Terceira 194  SI 

Su/isijuuv,  Marquis  ok  : 

speech  of,  when  Lord  Robert  Cecil 99  44 

Sax  Jacinto: 

bow  treated  atBarbadoes 356  142 

Santisi.ma  Tiunidad  : 

opiuiouin  case  of 197  82 

Sea-Kixg,  The.   (See  Shenandoah.) 
Semmes,  Rai'Hael,  (see  Alabama:) 

bis  opinion  of  the  Alabama 381  153 


202 


INDEX. 


8rwaiii>,  Mil. : 

iiiNtnii'ls  Mr.  AiIiiiiih  to  roin|>1ain  of  iiiHiirgoiit  oporatioiiH 

mail*'  iVoiii  ISiitirth  jiiriiulictum tMiS  iiii 

8im"M.     (.S«'«>  I'rmch.) 

BiiKN.vNDOAii,  Tin;,  oit  Ska-Kino: 

sliort  hki'icli  of 2<):i  i|. 

built  ill  ("lv<l<',  ami  iiMnictfd  Diidlcy'H  attention IKi  |i:, 

«lr.sni|itii)ii  (i4' 11(1  I ;:, 

Mild  to  (iitln'i-iii-Iiiw  of  I'ridicaii IKi  in; 

Hiiils  ai'iiii'il,  anil  iiiiiIit  coiniiianil  i>t'  (Jiirhett,  a  wi'll-kiiown 

liloilvaili'-niiMMT 117  lin; 

lii-r  olliriis  anil  iTi'W  sail  fniin  Livi>rpi>ol  in  tlie  lianii-l 4H  |  ;i; 

is  anni-iHVoni  till*  Lanrrl  at  .Mailriiii -I'JO  ]>;; 

is  mIiiiiI  iifnii'ii -I'JI  |ii; 

»i rivi's  at  iMrlliomiie  4',' I  li;- 

lirr  traiisl'ir  to  tlio  inNiir;ri-nts  known  tlu'ro  in  uilvaiirr  of 

Inr  arrival 4"JI  Id- 

ri-|iirsi'nlalion.'s  an  tu,  liy  I'nitril  Htati.'s  i;onsiil  to   aiitlior- 

itiis ! , 4-,'4  ];:i 

caiitaiii  of,  asks  pi'i'iniMsion  to  coal  and  niaki;  ri-iKiirs 4'J(i  |i.;i 

pi'iniission  liiantcil 4v!7  li;;i 

iK  lay  in  n  porliii;;  what  ii'iiairs  wire  nrrrssary 4",'7  Km 

report  Jis  to  repairs  niaili;  live  ilays  after  arrival l'.'"^  K" 

lierinission  to  repair  a^^aiii  fjranteil A'-iti  ]',<> 

eiiptain  is  rei|iiesteil  to  name  ilay  when  he  can  f{o  to  (sea. . ..  4'J!(  i;ii 

many  men  are  ilicjiially  enlisteil  iur  crew  of 4'J!(  ITn 

l>roi'eeiliii^s  :is  to,  in  eoloiiiiil  lejjislatiire 4;!()  ITu 

correspomlenci!   with  colonial  authorities  re<^ariliii<|  onlist- 

mentsfor 4I'l  171 

enlistments  i-ontinne;  rejjairs  Hiispenileil 4;i'i  Hj 

repairs  resiuneil  ami  coin)tleteil 4:!:t  IT,' 

three  hnmlreil  tons  of  coal  t.ikeii  from  a  transport  sent  for 

the  piiii»ose  from  Liverpool 4154  I'i 

consnl    furnishes    proof  of  ille<ral  enliMtniunts  to  colonial 

authorities , 4;!4  IT'i 

no  action  taken  thereon 4:i4  \T.\ 

ininilier  anil  notoriety  of  enlistments 4.'}r)-4:!'.»    17:1-1*1 

no  Mnp]>lies  or  coal  iieeiU'd  for 4111*  \H 

repaiis  iirolon;j;eil  to  enlist  men 440  1*4 

•    no  ve|>airs  iiceileil , 441  K'l 

critical  examination  of  report  of  repaiiH 44^-447    17(1-1" 

ref urns  to  I^i verpool 44'.(  1"' 

violations  of  nentriility  by 4.^)0  IT" 

reasons  for  holding  Great  iiritain  liable  for  acts  of 4r)4  l-" 

SlNC.Al'llllK  : 

Alabama  coals  at 38G  VA 

Slavki!Y  : 

opposition  to  the  liinitatiou  of,  the  cause  of  secession 37  21 

Spain  : 

recofjnizes  international  duty  to  makvi  conipensatioTi  for 
injuries  by  cruisers  titled  out  in  violation  of  interna- 
tional duty  ICO  ''2 

how,  regards  the  effect  of  a  commission  on  such  cruisers 201)  ^ 

course  of  the  {;overiinient  of,  contrasted  with  that  of  the 

Ih'itish  government 4t)4  1"^ 

STOKisKitDDKi!.  Tin:,  OK  Ston'kwall:  , 

short  sketch  of  career  o*' 268  W9 

STOUV,  Ml!.  JlSTICK  : 

delinitions  of  diligence 154,  luG  (j*' 

opinion  in  the  case  of  the  Santisima  Trinidad 197  ^' 

Btepiikns,  Alkxandeu  H.  : 

vice-iiicsident  of  insurgent  government 37  -' 

his  views  as  to  slavery ;18  '-' 

bis  speech  against  secession 3ti  ^' 


INDEX. 


203 


SlMTKIi: 

|ir(i<'cc(1iii;:;M  at  Ciibriiltiir  iih  to 

|iri)i('('(liiiHH  lit  'I'l'iiiiiltul  us  to 

(Hills  lit  Triiiiihul  

iinivi's  lit  (iildiiltar 

Hliiit  lip  lln'in  liy  KciiiHarjx*' 

m>U\  limit  r  piotcMt.  of  I'liitj'tl  Stat <'h  consul 

tt'ijitiiiciit  of,  11  pai'tiality  towanl  iiiHiir^ciitH 

nasoim  why  (ircat  liritiiiii  liiililo  for  iict.s  ol' 

SiMTEii,  Four: 

Hiirrt'iiilcr  of 41 

SffKDisii  VKs.si;r,M: 

tlifiasoof 1H7 

Taco.ny,  Tiik: 

tare»!i-  of IMiH 

Tau..\iias.si:i;,  I'iik: 

lilted  out  ill  London  as  a  privatwr 409 

licr  career 410 

wiiat  was  done  at  Halifax  as  to  411 

iciisons  why  Orcut  liritain  liiil»l«  for  acts  of 4 1'J 

Ti;Nii;iiin:N.  Loi!i>: 

iiieiiHiiaiidiiiii  on  ncntrality  hiws lOiJ 

Niiys  iirivateeriii,'.;  was  siip|»i'essed  by   reiison  of  tin;  coiirso 
adopted  liy  Wasliin}4,ton .' i:il 

Trr.Ci:il!A,  (see  SnhUinli(i'n  vsimUlinn  :) 

Al.iliaiiia  arrives  there IJ78 

TllAXSSllII'MIAT   <»1'    C<)NTI!.\nAM>   OF    W'AI!  : 

llie  )>i  rinission  in  colonial  ports  a  fallnrn  to  ])erforni  tlio 

duller*  of  a  neutral 2'^7 

iiijiirioiis  to  the  United  *State« £27 

TliKATY  OK  Wasiiini.ton  : 

expresses  reynH^t  at  escapo  of  tho  cruisers  18 

terms  of  siilnnission  of  claims  of  the  Uniteti  States 18 

iiier'iii<;  of  till!  luititiators,  provisions  for.    ID 

till     lor  delivery  of  cases  and  evidence 121) 

time  for  delivery  of  counter  cases  and  evidcnc*) 21 

wlieii  orij^inals  must  he  protlnced 21 

duties  of  iv;ents  of  each  ^overinnent 21 

counsel  may  he  heard 22 

rules  ap|tlicable  to  I  Iks  case,  (seo  Neutrah) 22, 14!) 

award,  whi'ii  and  how  made 24 

hoard  of  assessors,  how  constituted  and  (liitics  of 25 

till)  first  claiiso  in  tho  iirst  rulo  to  he  found  in  li'nited  States 

neutrality  law  of  1794 IHO 

what  is  dno  dilif^oncc 150-1^8 

littiiijj  out,  arming,  or  eqnippiiiK,  each  an  olfenso IH'J 

reasons  for  words  "  specially  adapted,"  »X;c l.^U 

continuing  force  of  second  clause  of  lirst  rule in;{ 

limitation  and  explanation  of  second  riih; 1(>7 

recognizes  obligation  to  make  couipeusatiou  for  injuries....  1G9 

TiiEATY  OK  1794.    (See  Unilcd  States.) 

Ti;i:xuoLM,  Gkokge  A. : 

principal  member  of  firm  of  Fraser,  Tronholm  &  Co.,  and 
secret  ary  of  insurgent  treasury 2r.O 

Tkkxt.    (See  Great  Britain.) 

TiuxiiJAD: 

Tho  Sumter  at 247,320 

Tl'scai.oosa,  ou  Conilvd  : 

a  prize  captured  by  the  Alaboma 270 

claims  to  bo  received  at  Ca-»e  Town  as  a  tender 270 

is  seized,  then  released,  and    3cived  as  uiau-of-war 272 

this  decision  reversed  in  Lo  ilon 272 

comes  again  to  Cape  Town     nd  is  seized 273 

this  act  disapproved  in  London 274 


0«'n«'»r» 

^1  *nd 

e'liiiuii. 

i-tlitKin. 

i--ti-. 

I'UffA 

21.-. 

1(10 

2t7 

101 

T,-4{) 

121> 

:iil 

I2t» 

:{2i 

129 

:«2i 

i:io 

:vj;» 

i:',o 

:J27 

i;i2 

24 


145 

ir.;i 

Kilt 

](■.;{ 
KM 

47 
57 

151 


91 


101,129 

110 
110 
110 
111 
111 

in 


Drj 

i 

9:{ 

^ 

12 

■} 

12 

i:{ 

ii" 

i;i 

i;{ 

i:t 

i:{ 

14 

,(« 

i 

14 

1 

15 

r.4 

-f)7 

(i8 

(i8 

69 

71 

71 

204 


INDEX. 


n 


CcnoTa  SwonJ 

eililion.  eOit„. 

TwENTY-roun  nouns'  nin.   : 

contaiued  iu  uchniralt.y  and  colonial  inatiuctions 233  % 

XJsiTVU  Statks,  (set!  Great  Britain  ;   If'anhiiKjtoii :) 

rolations  witl)  Great  Britain  belbrc  leiGO  friendly 31  i;) 

various  treaties  with  Great  Britain 31-33  lO-ju 

uuuiber  of  States  and  Territories  in  1860 note  ',io  •,»() 

election  of  Mr.  Lincoln  as  President 3G  o] 

secession  of  South  Carolina  and  other  States . . , 36  -Ji 

cause  of  secession 37  '>[ 

neutrality  law  of  1818 note.  112  ',(\ 

liad  no  nnmicipal  law  in  1793  to  aid  iu  pei-fonuauce  of  inter- 
national duties 127  Sj 

course  during  President  Washinjjton's  administration 127  55 

treaty  of  1794 131  57 

construction  thereof  hy  commissioners 132  57 

enact  neutrality  laws  at  re(]uest  of  Great  Britain 133  5' 

correspondence  with  rortu<:;al 137-146  59-0.' 

principles  recognized  by  that  corr(>spondence 146  tjij 

what  they  regard  as  diw.  diligence 158  G; 

seizure  of  Spanish  gun-boats  in  1869 160  fc 

character  of  southern  blockaded  coast 222  K 

Vksski.s  of  wak,  (see  Commimon  ;  Contraband ;  yeutrals  :) 

of  belligerents,  sale  of,  in  neutral  ports 322  l;W 

ViHOiNiA,  Tiik: 

inquiries  as  to 298  I'JO 

Wachuseit  : 

treatment  of,  at  Bermuda 353  \\i 

Wai.kkk,  NoitMAN  S. : 

made  insurgent  agent  at  Bernnida 238  (i* 

his  urgent  demand  i'or  coal 277  111! 

is  supplied  with  coal  by  Fraser,  Trcnholm  «fe  Co 278  ll.i 

Washington,  Prksidknt  : 

his  course  toward  Mr.  Genet 1291-31  5C-5T 

determines  to  restore  prizes  captured  by  privateers  fitted  out 

in  United  States 

his  course  suijpressed  privateering 131  5" 

Wi:sTBT7UY,  Loud  : 

appointed  Lord  High  Chancellor,  June,  1861 93  44 

regards  animus  of  neutral  as  sole  criterion 101  45 

says  United  States  may  use  Queen's  proclamation  to  prove 

animus  101  45 

says  ship  should  not  bo  built  in  neutral  port  by  belligerent 

Avith  view  to  war 185  *3 

Wilkes,  Admiualc 

correspondence  with  governor  of  Bermuda 355  14"J 


'^^*i3 


Geneva 

Swon.1 

edition. 

eOilm- 

pHffe 

/■ajr. 

S33 

% 

31 

ID 

31-33 

19<'tl 

'■io 

a 

3a 

'21 

36 

21 

37 

21 

112 

30 

127 

r.;. 

127 

ffi 

131 

.iT 

132 

5" 

133 

ri>' 

137-146 

59-(W 

146 

t« 

158 

(u 

160 

(x> 

222 

92 

322 

lliO 

298 

1-20 

353 

Ui 

238 

9^ 

277 

113 

278 

Uo 

CASE 


rUKSKXTKD   OS    VUi:    I'AliT  OF   HIF. 


;OVERNMENT  OF  HER   BRITANNIC  MAJESTY 


TO  TIIK 


5C-," 


TEIBTJIAL  OF  ARBITEATION, 


131 


93 
101 

44 
45 

101 

4.") 

185 

76 

355 

14'i 

coNWTnriKO 


NDKH  ARTICLE    1    OF   THE   TREATY  COXCEIJDEI)   AT   WASHINCiTON  ON 
THE  8th  MAY,  1871,  BETWEEN  HER  BRITANNIC  MAJESTY 
AND  THE  UNITED  STATES  OF  AMERICA. 


1 


M  m 


.^ 


GENERAL  CONTENTS. 


The  case  now  presented  to  the  arbitrators  on  tbe  part  of  the  government  of  Her 
Britannic  Majesty   comprehends  a  statement  of  the  facts  which  that  }?overuniwit 
,.egard8  as  material  to  a  just  adjudication  on  the  claims  of  the  United  States,  andm 
gonie  general  propositions  on  which  it  intends  to  rely,  believing  them  to  be  in  accord 
ance  with  the  piinciplcs  of  international  law  and  the  practice  of  nations. 

The  Contents  of  the  Case  ahe  as  follows  : 

Gcntiva   Prcscni 
edition.    iMlitiriii. 
1.  A  atatoir.ent  of  tlifi  ni-itter  roferred  to  tlic  arbitrators,  as  it  is  understood  by 

Ilor  Britannic  Majesty's  froverniiieut.  Part  I,  papcs 1-3     SO'-^iW 

II.  An  Introductory  Htiitcin'unt  of  tbe  events  wbich  attended  and  followed  the 
coinnieueumeht  of  the  civil  war  in  America,  and  of  tlie  course  pursued  by 
Gn-at  Uritaiu  and  the  other  maritime  jMjwers  in  relation  to  the  war,  and 
particularly  as  to  tbe  reception  of  belliifcreut  vessels  of  war  into  their 
ports  and  waters,  I'art  II.  pagos 4-22     ail-aj 

III.  A  further  introductory  statement  on  international  ri<;hts  and  duties ;  on  the 

powers  which  were  possessed  by  iler  Britannic  Ma.jesty's  (government  of 
preventing  unlawful  equipments;  and  setting  forth  the  manlier  and  circuni- 
stanc(!S  in  and  under  which  these  powers  were  exercised  during  the  war, 
Part  III,  pages 23-50     23(1-371 

IV.  Considerations  proper  to  be  kept  in  view  by  tbe  arbitrators  in  entering  on  the 

cases  of  the  vessels  siM^citically  mentioned  in  the  four  following  parts,  V, 

VI,  VII,  and  VIII,  Part  IV,  pages Sl-.IS  27i2r) 

V.  Statement  of  facts  relative  to  the  I'loiida,  I'art  V,  pages 53-80  •i',UVf, 

VI.  Statement  of  facts  relative  to  tbe  Ahibama,  Part  VI,  pages 81-110  aoc-'ia 

VII.  Statementof  facts  relative  to  the  Georgia,  Part  VII,  pages IJO-lS.'i  ;iJt-;i:;i 

VIII.  Statementof  facts  relative  to  tbe  Sheuaiidoah,  Part  VIII,  jmges 13(i-lC2  TA-iiiH 

IX.  Kecnpitulation  of  the  material  facl«  stated  iu  tbe  preceding  parts.  Part  IX, 

liages lti;i-l(i.")  •I(l7-41ii 

X.  Kemarks  in  conclusion,  Part  X,  pages IGti-KiB  411-41J 

Tun  Appendix  to  the  Case  consists  of  four  volumes,  the  Contents  of  wnuii 

AUK  AS  follows: 

Vol.  I.  Correspondence  relating  to  the  Florida,  Alabama,  Georgia,  and  Sheuautloab. 
(Sec  vol.  1, 2)ag€s  '-217  to  1002  of  this  editiou.) 

Vol.11.  Correspondence  relating  to  the  Siimtv;-,  Na.shville,  Georgiana,  Piiantnui 
Southerner,  Alexandra,  and  other  vessels  respecting  which  repieseiitatioii:* 
were  made  by  the  Government  of  the  United  States  to  that  of  Her  Bri- 
tannic Majesty  during  the  civil  war.    {See  vol.  II  of  this  edition.) 

Vol.  III.  Papers  relating  to  the  commencement  of  the  civil  war ;  proclamations  and 
regulations  issued  by  the  governments  of  Great  Britain  and  other  coun- 
tries during  that  war;  the  v.Liitrality  laws  of  the  United  States  and  of 
Great  Britain ;  judgments  delivered  by  the  British  Court  of  Exciieiiiiir 
and  by  the  Supreme  Court  of  the  United  States;  conespondence  betwein 
the  Governmenfc  of  the  United  States  am',  the  governments  of  Spain  and 
Portugul  relative  to  the  fitting  out  of  privateers  in  the  ports  of  tlie  fiN- 
named  country;  and  the  report  of  the  royal  commission  appointed  to 
inquire  into  the  character,  working,  and  eJfict  of  the  British  laws  for  tlie 
enforcement  of  neutrality.     (See  vol.  Ill,  j)ageii  1  to  395,  of  this  edilioii.) 

Vol.  IV.  General  correspondence  on  the  "Alabama  claims,"  presented  to  Parliament. 
(Sec  vol.  Ill,  pages  397  to  965,  of  this  edition.) 


i    ■   ' ,    Sl 


PART  I. 


STATEMENT  OF  THE  MATTER  llEFERRED  TO  THE  ARBITRATORS,  AS  IT  IS  UN- 
DERSTOOD BY  THE  GOVERNMENT  OF  HER  BRITANNIC  MAJESTY. 


}/' 


The  governraent  of  Ilei'  Britannic  Majesty,  in  proceeding  to  state,  for 
the  inforinatiou  of  the  tribunal  of  arbitration,  the  facts  i.A„Ti._i„tr«dui. 
and  arguments  Avhicli  appear  nialerial  toa  just  adjudication  "'^»«"t«-""" 
on  the  claims  to  be  presented  by  the  Government  of  the  United  States, 
tindsit  necessary  to  remark,  in  the  tirst  place,  that  no  definite  and  com- 
plete statement  of  those  claims,  with  the  grounds  on  which  they  are 
(oiuuled,  has  ever  been  furni:<hed  by  the  latter  Government. 

A  general  definition  of  them  is,  however,  supplied  by  the  terms  of  the 
reterence  to  arbitration  contained  in  Articles  I  to  XI  of  the  treaty  of 
Washington,  (8th  May,  1871,)  coupled  with  the  previous  correspondence 
between  the  two  governments. 

The  parts  of  tli«  treaty  to  which  Her  Britannic  Majesty's  goveru- 
meut  particularly  refers  are  the  following : 

AiiTiCLE  I.  Whereas  differences  biivo  arisen  between  the  Government  of  the  United 
Stiitis  iiiid  the  (Jovernnient  of  Her  Britannic  Majesty,  and  still  exist,  growing  out  of 
tlie  acts  coiinuitted  by  the  several  vessels  which  have  given  rise  to  the  claims  generic- 
ally  known  as  the  Alabanni  claims :  and  whereas  Her  Britannic  Majesty  has  authorized 
liiiHigh  Connnissioners  and  Plenii»otentiaries  to  express  in  a  friendly  spirit  the  regret 
Itit  by  Her  Miijesty's  Government  for  the  escape,  under  whatever  circumstances,  of  the 
Aliibiima  and  other  vessels  from  British  ports,  and  for  the  depredations  conunitted  by 
tlmst' vessels :  now,  in  order  to  remove  and  adjust  all  complaints  and  claims  on  the 
p;irt  of  the  United  States,  and  to  provide  for  the  speedy  settlement  of  such  claims, 
which  are  not  admitted  by  Her  Britannic  Majesty's  Government,  the  High  (Joutract- 
iiij;  Parties  agree  that  all  the  said  claims,  growing  out  of  acts  committed  by  the  afore- 
siiiil  vessels,  and  generically  known  as  the  Alabama  claims,  shall  be  referred  to  a  Tribu- 
iiiil  of  Arbitration,  to  be  composed  of  live  Arbitrators,  to  bo  appointed  in  the  following 
milliner: 

)>  «  *  «  «  *  » 

AuTicLE  II.  The  Arbitrators  shall  meet  at  Geneva,  in  Switzerland,  at  the  earliest 
cnnveuient  day  after  they  shall  have  been  named,  and  shall  proceed  impartially  and 
ciircfnlly  to  examine  and  decide  all  (luestions  that  shall  be  laid  before  them  on  the  part 
"I'  tlie  Governments  of  Her  Britannic  Majesty  and  the  United  States  respectively.  All 
iliifstions  considered  by  the  Tribunal,  including  the  linal  award,  shall  be  decided  by  a 
■iiiijority  of  all  the  Arbitrators. 

Akticlf.  VI.  In  deciding  the  matters  subnutted  to  the  Arbitrators  they  shall  be  gov- 
iriiwl  by  the  f(dlowing  three  rules,  which  are  agreed  upon  by  the  High  Contracting 
I'iiities  as  rules  to  be  taken  as  applicable  to  the  case,  and  by  such  principles  of  inter- 
national law  not  inconsistent  therewith  as  the  Arbitrators  shall  deteru'ine  to  have 
wen  applicable  to  the  case : 


RULB8. 


within 


A  neutral  Government  is  bonnd — 

I'irst.  To  use  due  diligence  to  prevent  the  fitting  ont,  arming,  or  equipping, 

i  is  jurisdiction,  of  any  vessel  which  it  has  reasonable  grounds  to  believe  is  intended 

jo  cruise  or  to  carry  on  war  against  a  Power  with  which  it  is  at  peace  ;  and  also  to  use 

I  'Ike  diligeuoe  to  prevent  the  departure  from  its  jurisdictiou  of  any  vessel  intended  to 


208 


TREATY   OF    WASHINGTON. 


&|i 


M;!^^ 


criiiso  or  carry  on  war  as  above,  such  vessel  having  been  specially  adapted,  in  wholt 
or  in  part,  witliin  such  jurisdiction,  to  warlike  use. 

Secondly.  Not  to  permit  or  sutler  either  belligerent  to  make  use  of  its  ports  or  wa- 
ters as  the  base  of  naval  operations  against  the  other,  or  for  the  purpose  of  the  renewal 
or  augmentation  of  military  su|tplies  or  arms,  or  the  reeruitme.it  of  men. 

Tliirdiy.  To  exercise  duo  diligence  in  its  own  ports  or  waters,  and,  as  to  all  pn- 
sons  witliiu  its  jurisdiction,  to  prevent  any  violation  of  the  foregoing  oblijrations 
and  duties. 

Her  Britannic  Majesty  has  commanded  her  High  Commissioners  and  Plenipotentiarifs 
to  declare  that  Her  Majesty's  Government  cannot  consent  to  the  foregoing  iiilw 
[2]  as  a  statement  of  •principles  of  international  law  which  were  in  forte  at  tlie 
time  when  the  claims  mentioned  in  Article  I  arose,  but  that  Her  Mnjesty's  Gov- 
ernment, in  order  to  evince  its  desire  of  strengthening  the  friendly  relations  between 
the  two  countries  and  of  making  satisfactory  provision  for  the  future,  agrees,  that  Id 
deciding  the  questions  between  the  two  countries  arising  out  of  those  claims,  the  Ar- 
bitrators ,hould  assume  that  Her  Majesty's  Government  had  undertaken  to  act  upon 
the  principles  set  forth  in  these  rules.  And  the  High  Contrjicting  Parties  agree  to  ob- 
serve these  rules  as  between  themselves  in  future,  and  to  bring  them  to  the  knowledge 
of  other  maritime  Powers,  and  to  invite  them  to  accede  to  them. 

AuTicr.K  VII.  The  decision  of  the  Tribunal  shall,  if  possible,  be  made  within  throp 
months  from  the  close  of  the  argument  on  both  sides.  It  shall  be  made  in  wrltin;;, 
and  dated,  and  shall  be  signed  by  the  Arbitrators  who  may  assent  to  it.  The  said  Tri- 
bunal shall  lirst  determine  as  to  each  vessel  separately  whether  Great  Britain  has,  liy 
any  act  or  omission,  failed  to  fultill  any  of  the  duties  set  forth  in  the  foregoini; 
three  rules,  or  recognized  by  the  principles  of  international  law  not  inconsistent  with 
such  rules,  and  shall  certify  such  fact  as  to  each  of  the  said  vessels.  In  case  the  Tri- 
bunal find  that  Great  Britain  has  failed  to  fulfill  any  duty  or  duties  .is  aforesaid,  it 
may,  if  it  think  proper,  pi'oceed  to  award  a  snni  in  gross  to  bo  paid  by  Great  Britaiu  tn 
the  United  States  for  all  the  claims  referred  to  it ;  and  in  such  case  the  gross  sum  so 
awarded  shall  bo  paid  in  coin  by  the  Government  of  Great  Britain  to  the  Govern- 
ment of  the  United  States  at  Washington  within  twelve  months  after  the  dat*  of 
the  award. 


Ahticle  X.  In  case  the  Tribunal  finds  that  Great  Britain  has  fjjiled  to  fulfiU  any  duty 
or  unties  as  aforesaid,  and  does  not  award  a  sum  in  gross,  the  High  Contracting  Parties 
agree  that  a  board  of  assessors  shall  be  appointed  to  ascertain  and  determine  what 
claims  are  valid,  and  what  amount  or  amounts  shall  be  paid  by  Great  Britain  to  the 
United  States  on  acconnt  of  the  liability  arising  from  such  failure  as  to  each  vessel, 
according  to  the  extent  of  such  liability  as  decided  by  the  Arbitrators. 

Articlk  XI.  The  High  Contracting  Parties  engage  to  consider  the  result  of  the  pro- 
ceedings of  the  Tribunal  of  Arbitration  and  of  the  Board  of  Assessors,  should  sueh 
board  be  appointed,  as  a  full,  perfect,  and  fin.tl  settlement  of  all  the  claims  hereiutie- 
fore  referred  to  ;  and  further  engage  that  every  such  claim,  whether  the  same  may  or 
may  not  have  been  presented  to  the  notice  of,  made,  preferred,  or  laid  before  the  Tribu- 
nal or  Board,  shall,  from  and  after  the  conclusion  of  the  proceedings  of  the  Trihuii.il 
or  Board,  be  considered  and  treated  as  finally  settled,  barred,  and  thenceforth  inad- 
missible. 

The  second  of  the  above  "Eiiles"  is  understood  by  Her  Majesty's  gov 
ernment  as  prohibiting  the  use  of  the  ports  or  waters  of  the  neutral  for 
the  renewal  or  augmentation  of  military  supplies  or  arms,  only  when 
such  supplies  or  arms  are  for  the  service  of  a  vessel  cruising  or  carry- 
ing on  war,  or  intended  to  cruise  or  carry  on  war,  against  either  bellig- 
erent ;  and  as  not  prohibiting  any  sale  of  arms  or  other  military  sup 
plies  in  the  ordinary  course  of  commerce ;  and  Her  Majesty's  govern- 
ment have  no  reason  to  believe  that  it  is  otherwise  understood  by  the 
Government  of  the  United  States. 

The  claims,  then,  which  are  referred  to  the  tribunal  are  "claims 
growing  out  of  the  acts  of"  certain  vessels,  in  respect  of  which  the 
Government  of  the  United  States  alleges  that  Great  Britain  has  failed 
to  fulfill  some  international  duty.  The  duties  specifically  mentioned, 
and  to  which  the  attention  of  the  tribunal  is  directed,  are  duties  to  be 
performed  by  a  "  neutral  government"  as  such.  As  to  each  vessel  sep 
arately,  the  tribunal  is  to  determine  whether  there  has  or  has  not  been 
any  failure  of  duty  on  the  part  of  Her  Majesty's  government.    If,  in  the 


iiaiiiii  claiin.s" 


CASK    OF    lil.'KAT    r.I.'ITAIN. 


2(U» 


liitl-iiiRiit  ot  tlie  triluinal.  there  lias  bci'ii  such  n  faihire  in  respect  of 
my  spccitied  vof^sel  nv  vessels,  tlie  tribunal  may  adopt,  at  its  tlisere 
tioii.  cither  of  tvrb  courses.  It  uiay.  on  the  one  hand,  award  such  a  jfross 
«iiiii  as  tiie  arbitrators  may  deem  Just  to  be  paid  by  Great  Uritain,  in 
iiill  satisfaction  di'  all  well-founded  claims  on  the  i)art  of  the  Unite«l 
States,  "jirowin.cr  out  of  the  acts''  of  tlu^  vessel  or  vessels  in  respect  of 
which  tiiere  has  Ixen  a  failure  of  duty ;  or,  on  the  otlu>r  hand. 
It  may  content  itself  with  de<'i<linf»\  as  to  each  oi'  any  vessel  in  I'especrt 
lit  wiiicii  there  has  been  a  failure  of  duty,  the  measure  or  exti'ut  oi* 
the  liability  which  on  j;eneral  principles  may  justly  be  d«'emed  to  have 
lit'i'u  iiicurretl  l»y  such  failure.  In  the  event  of  the  second  course  beinji' 
chosoii,  the  ofjij-e  of  examining-  and  adjudicating  on  the  validity  of  par- 
ticular claims  ''jirowinjj;  out  of  the  acts"  of  the  specitied  vessel  or  ves- 
sels, and  of  fixinj;  the  sum  or  sums  of  money  to  be  ytixUl  on  account  of 
ciuli.  iU'cordinj?  to  the  measure  of  liability  laid  down  by  the  tribunal, 
is  remitted  to  a  board  of  assessors,  for  eonstitutinji"  which  ])rovision  is 
mndo  by  Article  X. 

Ill  olioct,  therefore,  the  tribunal  is  called  ui>on  to  deternnne  whether, 
i;i  respect  of  i'crtain  vessels  not  designated  by  name,  the  government  of 
(iicat  Ihitain,  as  a  neutral  jmwer,  has  made  default  in  the  performance 
(if  any  international  obligation  <lue  from  that  power  to  tlio  ITuited 
States.  kShould  this  (juestion  be  answered  in  the  allirmative,  the  tribu- 
niil  is  then  to  form  a  judgment  on  the  extent  of  the  liability,  if  any,  in- 
•iinvd  l)y  tlie  delault,  an<l  is  either  to  award  a  gross  sum  in  satisfaction 
111'  !ill  just  claims,  or  to  <leline  the  general  limits  of  the  liability  as  to 
i';i(li  vessel  for  tin*  guidance  of  the  assessors.  The  claims  which  may 
1)0  presented  to  the  tribunal,  and  to  which  alone  it  i.s  to  have  re- 
'■[  gard  in  *inaking  its  award,  are  claims  "growing  out  of  the  acts" 
(it  the  vessels  (if  any)  in  respect  of  whicli  a  failure  of  duty  shall 
':i'  in'oved. 

The  vessels  to  which  tiiis  in(|uiry  relates  are  (as  has  be<'n  aln'ady  re- 
iiiiirked)  not  designated  in  the  treaty  by  name;  they  are  only  indicated 
liy  leterence  to  a  particular  class  of  claims,  to  wliich  their  "acts"  are  said 
to  have  given  rise.  These  claims  are  assumed  in  tiie  treaty  to  have  be- 
I'lime  fanniiar  to  both  governments,  in  the  course  of  the  correspondence 
vhich  lias  passed  between  them,  under  the  general  title  of  the  "AlabMna 
•  lainis."  They  are  assumed  to  form  a  distin(!t  class,  well  known,  and 
'Msily  sej)arable  from  the  mass  of  miscellaneous  (claims  arising  from 
ither  sources,  for  which  latter  a  ditfcu-ent  mode  of  settlement  is  pro- 
dded l)y  Articles  XII  to  XVII  of  the  treaty.  The  Alabama  was  a 
vessel  wlii«'h  saikMl  from  the  ])ort  of  Liverpool,  under  circumstances 
which  will  be  stated  below,  and  was  afterward  enii)loyed  as  a  cruiser 
"1  the  naval  service  of  the  Confedcate  States.  The  phrase  '''The  Ala 
liaiiiii  claims"  is  understood  by  Her  I>ritanni<-  ^Majesty's  governnuMit  to 
I'liilmice  all  claims  '•growing''  (to  use  the  language  of  the  treaty)  "out 
"t  acts  conunitted  by"  this  vessel,  and  by  other  vessels  which  are 
ille^eil  to  have  been  procured,  like  the  Alabama,  from  British  jmrts 
'liiriiig  tlie  war.  and  under  circumstances  more  or  less  similar,  an«l  to 
'le  emitiiied  to  such  claims.  The  only  vessels  in  res])ect  of  the  acts  of 
\^liicli  claims  have  been  made  by  the  Governnjent  of  the  Tnitetl  States 
"1  that  of  Her  Ibitannic  ^lajesty,  either  during  the  civil  war  or  in  the 
>ix  Years  which  have  elapsed  sinct^  its  tern)inatiou,  are  the  Alabama 
liirsclf,  and  the  vessels  formerly  known  as  the  Florida,  Georgia,  and 
i%iiiuidoah.  On  one  i)ccasion,  indeed,  since  the  close  of  the  war. 
I'lauioly.  ill  a  dispatch  dated  L'Tth  August,  ISOO,  and  communicated  by 
'liiMiiiiiister  of  the  United  States  to  Her  Majestv's  government,  men- 
14  A 


!      U 


TT 


'*i*»-'.|i 


1 


210 


lUKATY    OF    WASHINGTON. 


tioii  was  iiuulo,  of  ji  vessel  called  the  Sumter,  as  one  of  those  in  ivspLvr 
of  which  the  Government  of  the  United  States  conceived  itself  to  liavi 
claims  against  Great  Jiritain.  But  no  claims  in  respect  to  the  Suintci 
were  in  fact  included  in  the  detailed  list  which  was  inclosed  in  that  (lis 
patch  and  then  presented  to  Her  Britannic  ^Majesty'  overnment,  noi 
have  any  such  claims  been  presented  before  or  sij»'^  Xor  is  Her  ]>ii 
tannic  Majesty's  government  aware  of  any  grouiuls  on  wliicii  siuh 
(Haims  could  be  made  with  any  show  of  reason.  Iler  liritannic  Majeshs 
government  is,  therefore,  entitled  to  assume  that  the  claims  rcforiod  tu 
the  tribunal  are  claims  "growing  out  of  the  acts"  of  the  four  vossdv 
above  named,  or  of  some  or  one  of  them. 

The  circumstances  under  which  these  four  vessels  respectively  saiicii 
from  ]>ritish  ports,  and  came  into  the  possession  of  the  goveniiiicntfi! 
the  Confederate  States,  and  the  considerations  which  the  tribunal  will 
be  called  upon  to  apply  to  them  respectively,  are,  as  will  hereattoilii 
seen,  dissimilar  in  very  material  resi)ects.  Her  Jiritanni(;  Majesty's 
government,  however,  maintains  that  in  respect  of  none  of  tluin  w'liv 
there,  on  its  part,  any  failure  in  the  discharge  of  international  ohlipi 
tions  rendering  (.ireat  Britain  Justly  liable  to  nuike  reparation  to  tin 
United  States  for  acts  committed  by  them,  or  by  the  persons  in  wIkisi 
possession  they  resi)ectively  w»>re,  out  of  the  Jurisdiction  (tf  the  British 
Crown. 

For  the  guidance  of  the  tribunal  in  adjudicating  on  the  «[uestioiissiili 
mitted  to  it,  three  "rules"  have  been  laid  down,  which,  by  agreeiiun! 
between  the  two  gov<'rnments,  are  to  be  taken  as  applicable  to  the  case, 
and  to  be  reciprocally  observed  in  future  by  Great  Britain  and  tin 
United  States.  These  rules  purport  to  lay  down  certain  specific  ohVvfii- 
tions  incumbent  in  time  ot  war  on  neutral  powers.  By  them,  and  by 
such  principles  of  international  law  not  inconsistent  with  them  as  tlif 
tribunal  shall  determine  to  have  been  applicable  to  the  c;ise,  the  trilni 
nal  is  to  be  governed.  Her  Britannic  JNLijesty's  government  has  de 
«!lined  to  give  its  assent  to  these  rules  as  a  statement  of  principles  ol 
international  law  whi(;h  were  actually  in  force  at  the  turn?  when  the  claims 
now  submitted  to  arbitration  arose.  But  by  Her  Britannic;  Majesty's 
government,  as  well  as  that  of  the  United  States,  they  are  believed  ami 
intended  to  be  not  at  variance,  but  in  substantial  accord  with  the 
general  i)rinciples  of  that  system  by  which  both  powers  alike  hold  tliem 
selves  bound,  which  they  alike  desire  to  preserve  sacred  and  inviolate. 
and  from  the  dominion  of  which  neither  of  them  i)roposes  to  \vithdra^\ 
the  questions  that  have  unliapi)ily  arisen  between  them.  Accepting?  tlic 
rules  sincerely  ami  without  reserve,  in  the  manner  expressed  in  the  sixth 
article  of  the  treaty.  Her  liritannic  Majesty's  government  will  assinm 
(as  is,  indeed,  clearly  implied  in  the  terms  of  that  article)  that  theyaiv 
to  be  construed  with  reference  to,  and  in  connection  with,  that  loiii; 
established  body  of  international  rules  and  usages  which  was,  and  still 
is,  common  to  Great  Britain  and  tho  United  States  with  other  civili/eil 
peoples. 


-lovcrnnient. 


CASK    OF    (IHK.\r    HKIT-MN. 


211 


[^] 


M'Airr  1 1 


vTVTEMENT  OF  EVENTS  WHICH  ATTENDED  AND  FOLLOWED  lllE  COMMENCE- 
ME\t  OF  THE  CIVIL  WAR  AND  OF  THE  COIJKSE  FURSUED  JN  RELATION 
TO  "it  BV  GREAT  BRITAIN  AND  OTIIEll  ]IARITIME  F0WER8. 


Deloiv  ai>pioacliin};'  the  cases  of  the  ve>;sel.s  to  whieh  tlie  chiims  in 
(|iipstioii  are  uu<lerstoo<l  to  relate,  it  is  necessary  to  state  ,,,„,  ,i.^,,„„,. 
concisely  the  previous  conrseof  events,  and  to  ])laee  clearly  •'■"•'"^  -'"^"..m. 
before  the  tribunal  the  course  of  <*on(luct  which  had  been  pursued 
ilurinji'  the  earlier  i)eriod  of  the  war  by  Her  liritaunic;  A[aj(>sty's  .uovorn- 
iiiout. 

aENKKAL    riioi'osrrioNs. 

The  Ibllowinji'  pro[>ositions  are  believed  by  ITcr  Alajesty's  j^overnnient 
to  be  in  accordance  with  the  principles  of  international  law  and  the 
practice  of  natious : 

1.  It  is  the  dutj'  of  a  neutral  ft'overnnient,  in  all  niatt<a's  relating-  to 
the  war,  to  act  impartially  toward  the  belligerent  powers  ;  to  concede  to 
nue  what  it  concedes  to  the  other;  to  refuse  to  one  what  it  refuses  to 
the  other. 

-.  This  duty,  inasutuch  as  it  flows  directly  from  the  (!onecptiou  of 
iioiitrality,  attends  the  relation  of  neutrality  wherever  it  exists,  and  is 
not  affected  by  considerations  arising  from  the  political  relation  which 
hofoic  the  war  the  belligerents  may  liave  sustained  to  one  another. 

;>.  Maritime  war  being  carried  on  by  hostilities  on  the  high  seas,  and 
tiiroiigh  the  instrumentality  (ordinarily)  of  vessels  commissioned  by 
public  authority',  a  neutral  power  is  bound  to  recognize,  in  matters  re- 
lating to  the  war,  commissions  issued  by  each  belligerent,  and  captures 
made  hy  each,  to  the  same  extent  and  under  the  same  conditions  as  it 
it'cogiii/es  commissions  issucMl  and  captures  made  by  the  other. 

L  Where  either  belligerent  is  a  community  or  body  of  persons  not 
it'coguized  by  the  neutral  power  as  constituting  a  sovereign  state,  com- 
iiiissions  issued  by  such  belligerent  are  recognized  as  acts  emanating, 
not  indeed  from  a  sovereign  government,  l)ut  from  a  person  or  persons 
oxercising  <lc  J'acfo,  in  relation  to  the  war,  the  powers  of  a  sovereign 
;:ovevniHenl. 

Tin;  CIVIL   wwi. 

Ill  the  year  ISOl  a  civil  war  broke  out  in  the  I'liited  States.  t>ev(!n 
States — South  (.'arolina,  Florida,  Alississippi,  Alabaum,  Georgia,  Louisi- 
ma,  and  Texas — had  one  by  one  formally  renounced  their  alh>gianco  to 
Hie  Union  and  declared  themselves  independent.  They  hatl  formed 
themselves  into  a  separate  confederation,  under  the  title  of  the  "  Cou- 
ti'tlerate  States  of  Xorth  America;"  had  adopted  a  federal  constitution, 
I'l'^titutcd  a  twleral  legislature,  executive,  and  judiciary ;  taken  measures 


21-2 


TKKATV    OF    \VA.SilIN<}TO\. 


i*)>^ 


to  raise  an  army  of  100,000  men,  and  appropriated  sums  of  money  ainomn 
ing  to  iif2,0LM),'tsr.  (ecpial  to  more  tluui  10,000,000  iVancs)  towant  tlic 
creation  of  a  navy.  This  series  of  events  commeneed  in  Noveiiilior. 
1800,  and  was  completed  before  the  end  of  March,  1801,  at  whicli  tiint 
the  confederate  legislatun^  had  been  for  more  than  a  month  in  session, 
In  Ai)ril,  ISOl,  hostilities  commenced  between  the  (lovernment  of  tin 
Union  and  the  Confederated  States  of  the  South  :  and  shortly  afterwiud 
four  other  States — Viri>inia,  North  Carolina,  Tennessee,  and  Arkaiisiis 
— likewise  sei)arated  themselves  from  the  Union  and  Joined  the  ('oiifcd 
eracy,  which  thus  embraced  a  vast  and  comiiact  territory,  extendin;; 
from  the  river  Totomac  to  the  (!onfmes  of  the  republic  of  Mexico. 

The  war  began  with  the  attack  and  boinbardment  by  the  confedeiatts 
of  Fort  Sumter,  a  fort  situate  at  the  mouth  of  Charleston  Harbor,  and 
held  l)y  a  small  gariison  of  United  States  troo])s.  On  the  reduction  oi 
this  i)lace,  which  was  si)eetlily  eli'ected,  followed  within  a  few  daystlir 
seizure,  by  Virginian  militia,  of  Harpei's  Ferry,  an  important  militan 
arsenal  at  the  confluence  of  the  rivers  Shenandoah  and  Potomac,  anil 
of  the  great  naval  arsenal  and  shipbuilding  yards  of  Norfolk,  where  the 

James  I'iver  discharges  itself  into  Chesapeake  l»iiy.    Fovt  Sumter 
|5J        surrendered  on  the  l.Sth  April.    ( )n  the  liith  the  *  J 'resident  of  the 

United  States  issued  a  proclamation  (calling  out  militia  to  the  mini 
ber  of  75,000  men.'  On  the  1 7tli  Mr.  .lelferson  Davis  (who  had  been  elictod 
in  February  to  the  ollice  of  President  of  the  Confederate  States)  pnb 
lished  a  c()unter-i)roclamation,  inviting  applications  for  letters  of  niarqm 
and  reprisal  to  be  granted  under  the  seal  of  the  Confederate  Stat(> 
against  shi])s  and  property  of  the  United  States  and  their  citizens. 
By  a  further  proclamation,  dated  the  10th  April.  President  Lincoln. 
after  rel'erring  to  the  proposed  issue  of  letters  of  marque,  declared  that 
he  had  deemed  it  advisable  to  set  on  foot  a  blockade  of  the  i)orts  within 
the  seven  States  then  in  revolt,  "in  pursuance  of  the  laws  of  the  UiiittMl 
States  and  of  the  law  of  nations  in  such  case  provided."  ■ 

For  tIiis]>iiriio.sc  ii  competent  ibrco  will  lio  jiosted  iso  as  to  pri'venf-  t'litriiiK'c  .'ind  ixii 
of  vessels  IVom  tlio  i)oi-ts  aforesaid.  If,  tlicreforc.  with  u  view  to  violate  siitli  lilock- 
ado,  .1  vessel  sliall  approach,  or  shall  atteinitt  to  leave  any  of  the  said  ports,  slic  will 
he  duly  warned  hy  the  commander  of  one  of  the  sai<l  hlockadinj;;  vessels,  wlio  will  in- 
t'orse  on  her  rej;ister  the  fact  and  date  of  snoh  warning;  and  if  the  stune  vessel  shall 
a^ain  atteni])t  to  e-nter  or  leave  the  hlockadi.'d  port,  she  will  be  captured  and  .soiitt" 
the  nearest  convenient  ])ort  for  such  ]iroceedinf;s  against  her  and  her  cargo  as  piizt'ii> 
may  be  deen\ed  advisable. 

By  another  proclamation,  dated  the  -7th  April,'  the  blockade  was 
declared  to  be  extended  to  the  ports  of  Northern  Virginia. 

On  the  ])ublication  of  these  proelannitious,  Lord  l^yons,  then  IIii 
Britannic  Majesty  \s  envoy  at  Washington,  requested  of  the  Governuieiit 
of  the  United  States  that  he  might  be  furnished,  for  the  guidance  of 
British  merchants,  with  definite  information  as  to  the  manner  in  wliicli 
the  blockade  was  to  be  enforced.  He  was  assured,  in  rejily,  by  )h. 
Seward,  then  United  States  Secretary  of  State,  that  it  would  be  con 
ducted  as  strictly  according  to  the  recognized  rules  of  public  law,  and 
with  as  much  liberality  toward  neutrals,  as  any  blockade  ever  was  bv 
a  belligerent.  ■ 

To  the  minister  of  the  (^ueen  of  Spain,  ]Mr.  Seward  wrote  as  follows: 

Sik:  In  acknowledging  the  receipt  of  j'our  note  of  the  lUlth  ultimo,  on  the  sulijectui 
the  blockade  of  the  i>arts  in  several  of  the  8iutcs,  I  deem  it  proper  to  state  for  ymn 
further  information : 


'Appendix,  vol.  iii,  p,  2. 
ilbid.,  p.  6. 
•Ibid.,  pp.  10,  11. 


-Ibid.,  p.  4. 
^  Ibid.,  p.  9. 


(ASK    or    (iKKAT    I'.l.'l  TAfN. 


21 


iUid  I'xii 

h  lilock- 

ilic  will 

will  ill- 

chilli 

.S(Mlt  t" 

ini/r  n- 


0.  \v;l> 

IK'l 
iimc'iit 
nice  of 
wliii'li 
by  Mr. 
DO  con- 
iw,  aiul 
was  by 


lllpjl'L't  111 

t(ir  vmii 


1.  That  the  lilockailt'  will  In'  strictly  cnlon'iMl  upon  flic  |Miiici|ilcs  ii'c();;iii/i(l  liy  tlic 
liiwof  iiatiDiis. 

•>.  Tliiit  iirincd  \cssclfi  <i('  iiciitnil  stati's  will  Imvc  tlic  rijjlit  to  enter  jintl  ilcjiiirt  tVoni 
[jiciiitcnlictcd  ports. 

;:.  That  incrcliant-vcsscls  in  jiort  at  the  time  ilie  tilorUnile  lo  )k  cll'/et  will  lie  jiHo-vt'tl 
.1  rrasouiiMi!  lime  for  ilepnrtiire. 
I  avail,  &r.. 
Sijjned)  \V.  II.  SKWAIfl). 

riie  I'lockiMlc  »U'cliii('(l  by  I  lie  r()i('j;()iiij;-  inochimnt  ions  was  nctnally 
iiistitiUt'd,  iis  to  Iho  ])orts  within  tlic.  State  of  \'ir<;inia,  on  tlio  .'{(»th 
April:'  and  was  oxtcndoJ  to  tlic  inincipal  ports  on  the  sea-board  of 
till' other  Confederate  States  before  the  end  of  May.  A  considerable 
miuibor  of  nenlral  ships  and  cargoes  were  captured  for  breaches  or  al- 
lo^'cd  breaches  of  blockade,  some  at  or  near  the  mouths  of  blockaded 
ports,  others  on  the  hif>h  seas.  Vessels  or  car«>"oes  so  cai)tured  were 
carrit'd  before,  and  condemned  by,  courts  of  the  United  States  exereis- 
iiij:  jurisdiction  in  matters  of  prize;  and  the  validity  of  the  sentences 
thus  pronounced  was  upheld  by  the  Sui)renu'.  Oonrt  of  the  United 
States,  wiiich  is  the  highest  court  of  ai»peal  in  such  matters.  Air.  Juh- 
liceClnor,  in  delivering  the  Judgment  of  the  court  on  this  question, 
sail! : 

To  l('^itini:itt!  tin-  capture  ol'  a  neutral  \  essel  or  jiropi-rty  on  tlie  liiji'li  s.'iis,  a  war  iuuhI 
■xist  ('(' /(('•'(),  iind  tlio  nontral  nnist  Iiave  a  kn()wled;L;e  oi'  notiei-  of  the  intentiou  ^f  one 
if  llie  jiarties  helli^icrcnt  to  nse  this  inede  of  coercion  auaiiist  a  jtort.  city,  oi'  territor>- 
,11  possession  of  the  other, 

111  a  subscipient  part  of  tiie  same  jiulgment  he  added  : 

Wlullier  the  I'resident,  in  fuUillinj;'  his  duties  as  coniniandcr-in-chicd"  in  suppres.siuj;' 
aiiiisiirrtction.  has  met  with  such  arnu'd  liostilc  rt^si.stauce.  and  ii  civil  war  cd"  such 
;i'inniiiiii;  iiroportioni-i  as  will  4'()Uipt'l  him  to  accor<l  to  them  Ww  charactiT  of  bollij^er- 
iiits,  is  a  (|Uestion  to  be  dccid(;d  hy  Jiim  ;  and  this  court  must  he  tjoveriiod  l)y  th«* 
ildisious  and  acts  of  the  jiolitical  department  of  the  ()o\  ernnu'Ut  to  which  this  power 
uasitil rusted,  Jfe  must  determine  what  dej>ree  of  toi'ce  the  '.risis  demands.  The 
iUdclaiaation  of  the  hlockade  is  itself  oilicial  and  conclusive  evidence)  to  tht;  court  that 
.1  ■itatc  (if  war  existed  which  demanded  and  authorized  a  recourse  to  such  a  uicasure 
iiiiilir  the  circninstauces  peculiar  to  the  case.  The  correspondeiU'C  of  Ijord  l-yous  witli 
'i'ii('S|.ii(tary  of  State  admit.s  the  fact,  and  concludes  the  i|uestion. 

(i]  *()n  the  ;)d  I^Iay,  ISfil,  President  Lincoln   din'sted  that  the 

naval  force  of  the  United  States  should  be  increased  by  (lie  enlist- 
liuiit  of  1S,(K)(>  additional  seamen,  and  their  land  for(;es  by  fifty  addi- 
lioiial  rogiuieuts,  ])artl\'  of  regular  troops  aiul  j)artly  of  volunteers,  with 
ill!  ;i,ii;;iegate  maxinuun  of  o4,74S  men. 

It  IS  needless  to  refer  particularly  to  tlie  subse<iuent  history  of  the 
uar  waged  on  the  American  continent.  It  is  well  known  that  the 
loic'cs  of  the  United  States,  attempting  to  peiu'trate  into  Virginia,  en- 
rouiiteied  a  severe  defeat:  that  great  armies  were  raised  on  both  sides; 
!lK>t  hostilities  were  carried  on  over  an  inunense  area,  with  varying  for 
time,  for  nearly  four  years :  and  that  the  contest  terminated,  in  18G5, 
111  till' complete  reconquest  of  the  eleven  Confederated  States,  which, 
filter  being  held  for  a  considerable  time  under  military  control,  were 
liiially  re-admitted  to  their  original  position  in  the  Union. 

The  events  stated  above  are  mattt'rs  of  general  notoriety,  re«;orded  in 
tlio  liistory  of  the  period. 

On  the  3()th  April,  1801,  . Air.  Jefter.son  Davis,  as  Tresident  of  the 
t'oiifoderated  States,  addressed  to  the  congress  of  those  States  a  mes- 
''iige,  which  contained  the  following  passage: 

llip  operations  of  the  navy  department  have  been  iuiec.s8;u'ily  restricted  by  the  fact 
I  ''i:it  snlHcient  time  has  not  yet  elapsed  for  the  purchase  or  coustructiou  of  more  than 

'  Appendix,  vol.  iii,  p.  10. 


214 


TKEATV    Ol'    WASlllNaTUN. 


aliiiiitnl  miiiilx  i  »ii' vt'hsclH  n(lni>te(l  lor  tin-  imldic  Horvicc.  Two  vcnsrls  liavc  bw, 
propni'dl  iiiid  iiiiiiiiK'tl,  tliM  Smnt<>i'  and  McWiic,  and  nro  now  Ijoiii^  ])i'c|iiir<-d  tor  xcii  at 
NowOrlfariH  with  all  jioHsildu  disiuitrli. 

Oil  tlio  l8t  May,  ISOl,  Mr.  kScwiu(1,  Si'cretiir.v  of  State  of  tlu'  United 
States,  addressed  to  the:  Britlsli  Minister  at  Wasliingtoii  a,  <lis|iat4lM)i 
that  ilate,  Miiieli  contained  the  loUowin;^  i)assajne  : ' 

Tilt!  so-called  ConlVdoratt'  Stati's  liavt;  wa>j;t'd  an  iiisnni'ctionary  war  a^jniust  tlii- 
(Jovoinniont.  They  aro  hn.viiiK,  and  cvt-n  sj'i/.inn',  vessels  in  several  places  for  tin-  |iiii 
poHc.  of  furnishin;j;  tlu^niselves  with  a  naval  force,  und  they  a''*  issnin^j  letters  ni 
inavqno  to  jirivateers  to  bo  einjdoy(Ml  in  preyinnj  on  the  coinnierce  of  this  conntry.  Vdi 
arc  aware  that  the  IMesident  has  proclaimed  a  blockade  of  the  ports,  inclndeil  ujtliii 
the  insnrf^ent  States.    All  these  circninstances  are  known  to  the  world. 

On  the  (5th  IMay,  18(»1,  the  eon^ress  of  tlie  Confederate  States  passed 
au  act  entitled  "An  act  lecogniziw};'  the  existence  of  war  between  tin 
United  States  and  the  Confederate  States,  and  eoncernino-  letters ei 
marque,  prizes,  and  prize-goods."-'  The  first  section  of  this  act  \va.sa> 
follows : 

The  contjress  of  the  Confederate  States  of  America  do  enact  that  the  jiresidcnt  o; 
the  Confederate  States  i.s  hereby  anthorizcd  to  nse  the  Avhole  land  and  naval  fonvd; 
tho  Confederate  States  to  meet  the  war  thus  connnenced,  and  to  issne  to  jtrivate  vi> 
.sels  connnissions  or  letters  of  niartpi'  ind  {general  reprisal,  in  snch  form  as  lie  slial! 
tliink  proper,  tnidcr  tho  seal  of  the  '  '.li federate  States,  a<;;ainst  tho  vessels,  <;oo(ls.  am; 
effects  of  tho  United  States,  and  of  the  citizens  or  inhabitants  of  the  States  and  IViii 
tories  thereof;  provided,  however,  that  property  of  the  enemy  (inilt;ss  it  be  contnihnii^ 
of  war)  laden  on  bo.ard  a  nentral  vessel,  shall  not  'lo  snbject  to  seizure  iiinler  this  act: 
and  inovided  further,  that  vessels  of  the  citizens  or  inhabitants  of  the  I'nited  Stati- 
now  in  the  ports  of  the  (Jonfedeiate  States,  exceiit  snch  as  have  been  since  tlie.'ll 
April  last,  or  nuiy  hereafter  be  in  the  service  of  the  (Jovernmcnt  of  the  rnited  Statr< 
shall  be  allowed  thirty  days  after  the  publication  of  this  act  t<»  leave  said  ports  am 
reach  1  heir  tlcstiinition  ;  and  such  vessels  and  their  carj^oes,  cxceptino'  articles  eoiitr;! 
baud  of  war,  shall  not  be  subject  to  capture  under  this  ;ict  durinj;"  said  pcriml,  uiili>- 
they  shall  have  prmiously  rf.'ached  fhe  (lestinatim!  i'av  which  they  were  IioiukI  v. 
leaving  said  ports. 

The  act  tluiii  jiroceeded  to  lay  down  in  detail  reonlations  as  to  tin 
conditions  on  which  letters  of  injir(]ue  should  be  granted  to  pri\  ate  ve^ 
sels,  and  the  conduct  and  behavior  of  the  officers  and  crews  of  sudi 
vessels,  and  the  disposal  of  prizes  made  by  them,  similar  «to  the  regulii 
tions  which  lune  been  ordinarily  prescribed  and  enforced  with  respioi 
to  privateers  in  the  United  States  and  by  the  maritime  powers  of  Kii 
rope. 

The  fourth  and  .scventii  sections  were  as  follows: 

4.  That,  before  any  commission  or  letters  of  mar([uc  and  reprisal  shall  be  issiii'd  ;i> 
aforesaid,  tho  owner  or  owners  of  the  ship  or  vessel  for  which  the  same  shall  ho  n 
quested,  and  the  commander  thereof  for  the  time  beinfj;;,  shall  give  bond  to  the  Con- 
federate States,  with  at  least  two  responsible  sureties  not  interested  in  such  vessel,  iu 
tho  penal  sum  of  !i)i5,000,  or,  if  such  vessel  be  provided  with  more  than  150  men,  thcnii. 
the  penal  sum  of  $10,000,  with  condition  that  the  owners,  officers,  and  crew  who  shall 
bo  employed  on  board  such  connnissioncd  vessel  shall  and  avIU  observe  the  lawsoi 
tho  Confederate  States,  and  tho  instructions  which  shall  bo  given  them  according  ti' 
law  for  the  regnlatiou  of  their  coudnct,  and  will  s.atisfy  all  damages  and  injuries  whid 
shall  be  done  or  committed  contrary  to  the  tenor  thereof  by  such  vessel  dining  liei 
commission,  and  to  deliver  up  the  same  when  revoked  by  th<!  president  of  the  Coiifeil- 
crate  States. 

7.  That  before  breaking  bulk  of  any  vessel  which  shall  be  captured  as  aforesaid,  orotlm 

disposal  or  conversion  thereof,  or  of  any  articles  which  shall  bo  found  on  board  tin 

same,  such  captured  vessel,  '■*  goods,  or  effects,  shall  be  brought  into  some  port  ot'tlu 

[7]      Confederate  States,  or  of  a  nation  or  State  in  amity  with  the  Confederate  States,  awl 

shall  be  proceeded  against  before  a  competent  tribunal;  und  after  condeiuiiatioii 

and  forfeiture  thereof  shall  belong  to  the  owners,  officers,  ami  crew  of  tho  vessel  eaptm 

ing  tho  8,ame,  and  be  distributed  as  before  provided;  and  in  tho  case  of  all  captured  yosi 

els,  goods,  and  effects  which  shall  be  brought  within  tho  Jurisdiction  of  the  CoutVil 


Appendix,  vol.  iii,  p.  12. 


■■  Ibid.,  p.  m 


CASK    OF    (iUI'.Vr    UKTIAIN. 


•21; 


i} 


,nit<i  Sliito.  tlif  iliHtrict  iiinrts  of  tlu'Cdiit'tMlrnito  Statt'H  hIiiiII  liavo  t>N(;liisivi'  oi'i;;iiial 
•  iiUiii/iiiK'*'  tiu'i'i'ol, UH  tlio  civil  caiiscsof  iiiliiiiiaity  aiul  inaritiiiicjiiiistlictioii ;  mid  tiii; 
miiil  courts,  or  tho  <<»iirts  li('iu;f  rointM  of"  tlio  CoiiiV'tltTatt!  Stattss  into  which  siicli  cuscm 
xjiall  he  ri!iiiovc(l,  in  wliich  tiicy  shall  In;  liiially  <lcci<li;(l,  hIiuII  and  may  <h)ci'co  rcHtitn- 
ii(in  in  whole <»!•  in  Jtait,  when  tho  captnrc  Nhall  liuvc  hccn  made  witiniut  Jnst  cuuhc. 
\\i,],\i  iiiailc  withont  probable  eunne,  may  order  and  decree  tlamaj;*'!*  and  cost.n  to  the 
|i;irt,v  iiijined,  for  which  tlie  owners  and  connnanders  of  the  vessels  nuikinfj;  such  eaji- 
jiircs,  find  also  the  vessels,  shall  he  lial>le. 

A  liutlior  act,  t'lititlcd  ''An  net  regulating  tlu'  .sale  «)1'  pri/e.s  and  the 
distrilmtion  thereof,"  wa.s  likewise^  passed  by  the  Congress  of  tlie  Toii- 
f.'dcrate  States  on  the  14th  of  3Ia.v,  l.SOl.' 

Miiiiy  i)er.sons  who  had  served  as  ollicer.s  in  the  Xa\y  of  the  I7nited 
States  ollored  themselves  for  employment  in  tlui  naval  service  of  the 
<'ou('o(lerate  States,  and  tho.se  for  whom  employnnMit  eonld  he  found 
were  received  and  em|)loyed  in  such  .service. 

In  and  .soon  after  tho  month  of  May,  ISOl,  a  number  of  armed  .shipu, 
mostly  of  small  tonnage,  wen^  fitted  out  in  and  sent  to  sea  from  ports 
ill  (lie  Coidederate  States,  and  a  considerable  number  of  cajiturea  were 
made  by  them.  .Some  of  these  were  commissioned  as  public  ships  of 
war  of  the  Confederate  States,  and  commanded  by  oHicer.s  in  the  naval 
si'iviec  of  the  confederacy;  others  as  private  ships  of  war  or  privateers. 
Aiaonj;'  the  armed  vessels  which  were  so  lifted  out  and  matle  prizes  were 
t!ie  Calhoun,  a  steamer  of  upwards  of  l,()()()  tons,  sent  to  .sea  in  May, 
ISiil  ;  the  .letV.  Davis,  Savannah.  St.  ><'icholas,  Winslow,  and  York. 
More  than  twenty  i)rizes  were  nuuh^  by  these  vessels.  The  Sumter  (to 
wliieli  ref(M'ence  will  b»'  made  hereafter)  went  to  sea  in  .June,  ISCJl ;  the 
Sallie  and  ^'a.shvillo  in  October,  ISO] ;  the  Echo  in  1802;  the  Jtetribu 
tionand  iJoston  in  l.S(i.">:  the  (Miickamauga,  Olustee,  and  Tallahassee  in 
ISiil.    These  ves.sels  are  said  to  have  taken  from  sixty  to  .seventy  prizes. 

it  apitears  from  an  ollicial  report  of  the  Secretary  of  the  Navy  of  the 
I'nited  States  that  the  number  of  vessels  ca]>tured  and  destroyed  by 
vessels  of  the  United  States  during  the  war,  for  breach  of  blockade  or 
i)i  battle,  exceeded  3,200. 

NH^■Tl^^Ln'^   <>f  the  makitimk  im»wi;ks. 

The  iiiiiritime  powers, on  ri'ceiving  infoiination  of  theoutlueak  of  the 
war,  resolved  to  maintain  a  strict  and  im[)artial  neutrality  in  their  rela- 
tion.s  with  th«'  belligerents,  holding  that  it  did  not  belong  to  them,  as 
;overmnents,  to  decide  on  the  questions  which  had  unhappily  divided 
the  American  people,  nor  to  take  any  part  in  the  contest  on  whi(!li  the 
future  of  the  American  Commonwealth  ai>peared  to  depend. 

Of  all  the  nations  of  the  world,  (Ireat  Britain,  by  reasoii  of  lier  geo 
j,'rapliical  position,  the  activity  of  her  maimfacturing  and  trading  in- 
dustries, her  vast  commerce  with  America,  the  extent  and  number  of 
her  tiiin.«atlantie  possessions,  the  magnitude  of  her  military  and  com- 
luercial  marine,  and  its  dispersion,  not  only  over  tho  .seas  bordering  on 
the  Anierieau  coast  but  over  every  part  of  Ihe  world,  was  the  power 
most  immediately  and  profoundly  attected  by  a  civil  war  in  the  United 
'States.  The  European  power  which,  after  Great  Britain,  possessed  the 
largest  marine  was  Fran<!e. 

On  the  14th  May,  1801,  Her  Britannic  Majesty's  government  issued 
the  following  proclamation,  intended  lor  the  information  of  the  otHcers 
of  the  government  and  of  British  subjects  in  geuei'al:  - 
^"in<)iii\  K. 

Whereas  wo  are  ha)>piiy  at  peace  with  all  sovereigns,  powers,  and  states; 

And  whereas  hostilities  have,  unhappily  commenced  hotweeu  the  Government  of  the 


'Appendix,  vol.  iii,  p.  15. 


Ibid.,  p.  17. 


•Jic 


liiKvTV    n|-    W  AS||IN(il().\. 


I  jiilrtl  Slali'>  111'  AiiicricM  ;iiul  rcrliiiii  Siiiii-s  st  vliii>i  flifin-icUi  ,  i  he  ('i>iilriliT,itc  >iiiti- 
of. Vim  licit ; 

And  u  lit'icns  \\r,  lu'iny  nt,  iicjirc  with  tin' <  Hivi'iiiiiiciit  of  i  In-  I'nilfd  St.iio,  lim, 
il<  rliii't'd  oiii  I'cix  111  ilclciniiiiiiliiin  to  inaintiiiii  it  stiiit  iiiid  iiit|iiu  I  iiti  iii'itli'ulil>  in  ||i, 
iMinti'sl  lit'twcfit  titc  said  cDiiti'iidin;;  |iai'ti('H; 

NVc  lltfii'tntc  Ititvc  llinit^fltt  lit,  Ity  iind  with  lite  iid\  ice  ofintr  i>ti\,\  i  unnil.  tn  i,M  . 
this  iiiir  I'o.Mil  iii'ix'liiniittiott. 

And  wt'  do  licit 'Ity  sliii'tly  clittr;,'c   it  nil  ciininnind  nil  iiiir  Inviii;;  sttlijccls  tn  hIimi'  , 
strict  ncittntlity  in  itnil  tlnrin;>  llic  itturcsaiil  Inistilitic'^.  iiinl  to  atistain  IVmn  viiijaim- 
or  ctintiavt'iiin;;  cithci'  >Im'  lavN.s  a  ltd  statutes  ot'  I  lie  realm  in  litis  lieliall',  of  the  Inw  i,: 
nations  in  relation  thereto,  as  they  will  answer  to  the  contrary  at  their  ]ieril. 

Ami  whereas  in    and   liy  a  certain  stitiite  made  and  |iasse<l  in  the  lit'ty-ninlli  yiiirm 

His  .Majesty  Kiny;  (ieor;;!' Ill,  entitled  "Alt  act  to  jirexent  ciilisfinj;  oi  ciiujiij,, . 

[-)       Hunt  of  His  Majesty's  siihject.s  *to  serve  ill  ii  I'oifijjii  service,  ami  the  lililiiir  iiu; 

or  ciinipiiiiij^,  in  llis  Ma.jcsty's  dominions,  vessels  lor  warlike  iinr|>nses,  withm,; 

His  Majesty's  license,"  it  is  anion;;  other  things  deelareil  ami  enacleii  as  follows: 

••That  it'  any  natnial-liorn  siiliject  ol'  His  ^Fajcsty,  his  heirs  ami  successors,  witlinur 
the  lei;ve  or  license  of  1  lis  Majesty,  his  heirs  or  siiccessors,  fur  that  ]iiiriiose,  lirsijuiii 
and  (ilitaincd.  nndcr  the  si;;ii  manual  of  llis  Majesty,  his  lieiis  or  successors,  <irsi;;uiiliil 
hy  order  in  council,  or  liy  ]n'oclamatit!ii  tif  llis  Majesty,  liis  heirs  or  siiccessdis,  sli;i!i 
take  or  accept,  or  shall  a^ree  to  takt*  or  accejit,  any  military  comiiiissioii.or  slaill  otinr- 
wise  enter  into  the  military  service  as  a  commissioned  or  non-conimissioiicd  olllccr,  u, 
shall  enlist  or  enter  himself  to  enlist,  or  shall  a^rce  to  enlist  or  to  cnti^' hiiiiscji'iu 
serve  as  a  soldier,  or  to  lie  emiiloycd  or  shall  servti  in  any  warlike  or  military  o|i(r;itiiiii 
ill  the  service  of.  or  for.  or  iimler,  or  in  aid  of  any  forei;;it  prince,  state,  |ioteiitatc,  ml- 
oiiy,  |tro\  ince,  or  jiait  of  any  provinct^or  jteople,  or  of  any  person  or  persons  cmk;  • 
iny;  or  assmnin;f  to  exercise  the  jiowers  of  ^ov«'riiment  in  or  over  any  foreign  cuaiitn. 
colony,  province,  or  part  td'  any  )>roviiice  or  p«'oitlc.  either  as  an  ollict^r  or  soldier,  nr  .:i 
any  othei'  inilitar\  caiiacity  :  or  if  any  natiiral-liorn  snliject  of  His  Majesty  shall,  with- 
niit  such  leave  or  license  as  aforesaid,  accept,  or  a^ree  to  take  or  accept,  any  (■oiiiiiii- 
sion,  w, ".riant,  or  aiipointineitt  as  an  olHcer.  or  shall  enlist  or  enter  himself,  nr  i.li,il; 
a^ree  to  enlist  or  enter  himself,  to  serve  a.s  ii  sailor  or  marine,  or  to  he  enijilovcd.ni 
en^a^t'd.  or  shall  scr\ c  in  and  on  lioartl  any  ship  or  \cssel  of  war,  or  in  and  on  Imiini 
any  sitiii '"'  ^  cssci  used  or  litted  out,  or  ei|iii]iped  oi'  inteiideil  to  he  used,  for  any  warliki 
piir]iose.  in  the  service  of.  or  for,  or  under,  or  in  aid  of  any  forci;;n  iiower,  jnincc.  stati . 
potent.'ite.  colony,  jirovincc,  or  part  of  any  province  or  iieojile,  or  of  any  person  or  pci- 
sons  cNercisin;;  or  assiimiiiji  to  <^\ercis«?  the  iiowcis  of  jroverniiient  in  or  over  an;. 
foreign  country,  colony,  jirovince,  or  jiart  of  any  province  or]>eople;  or  if  any  rutiiral- 
horn  snhject  of  His  .Majesty  shall,  without  sneli  leavt;  anil  license  as  .-iforesaid,  ei;i,'ai;, , 
contract,  or  aj;ree  to  ^o,  or  shall  ;;o,  to  any  foreien  state,  country,  colony,  province  m 
part  of  any  jirovinee,  or  to  any  |>lace,  heyond  the  seas,  with  an  intent  or  in  order  tn  ii:- 
list  or  enter  himself' to  serve,  or  with  intent  to  serve  in  anv  warlike  or  military  niii'ia- 
lion  whatever,  whether  hy  land  or  hy  sea,  in  tins  service  ot',  or  t'or,  or  under,  or  in  aiii 
of  any  forei;;!!  prince,  state,  ]><iteiit!ite,  colony,  prtivincc,  or  jiait  of  any  jiroviiin' ui 
people,  or  ill  the  service  oi',  or  for.  or  under,  or  in  aiilof  isiiy  person  or  jiersons  exercising  oi 
assnmiiij;  to  e\eicise  the  powers  of  y;overnmeiit  in  or  over  any  Inrei^n  country,  t-nhm. 
province,  or  ]iart  of  any  jtrov  ince  or  iieoi»le,  either  as  an  olliccr  or  a  soldier,  or  inan,\ 
other  military  capacity,  or  as  an  otiicer  or  sailor  or  mariiu^  in  any  such  ship  or  vcsxi 
.•IS  .-iforcsaid,  altlionj'h  no  enlisting;;  money  or  pay  or  reward  shall  have  heeii  or  sliall  in 
in  any  or  either  of  the  cases  aforesaiit  actually  |iaid  to  oi-  received  l)y  him.  or  liy  aii\ 
person  to  or  for  his  use  or  beiielit ;  or  if  any  person  v  hati^ver.  within  the  I'liited  King- 
dom of  (Jreat  I'ritain  and  Ireland,  oi  in  any  pjirt  of  His  Majesty's  dominions  elscwlit'ic. 
or  in  any  country,  colony,  settlemenr.  island,  or  ])lace  lieloni;;ini;  to  or  suhject  tn  lii^ 
Majesty,  shall  hire,  retain,  en^:':;;.  ui  ]i x  lire,  or  shall  attempt  or  endeavor  In  hiiv 
retain,  ent;a<;e.  or  ])roenrc,  any  pei-oii  ni'  ]iersons  whatever  to  enlist,  or  to  enter  or  im- 
Ha^o  to  enlist,  or  to  serve  or  t,'  !),•  employed  in  any  sneh  service  or  employ  iiunts a- 
aforesaid,  as  an  olliccr,  soldier,  ;saiiov,  or  marine,  either  in  land  or  sea  serv  ice,  for.  or  un- 
der, or  in  aid  of  any  forcij;!!  prince,  .state,  potenttite,  colony,  province,  or  jiart  ol'  any 
province  or  iteople,  or  for,  or  nndcr.  or  in  aid  of  any  per.si)M  or  per.sous  exercising;  m 
as.smnin^  to  exercise  any  jtowers  of  yjoverniiicnt  as  aforesaid,  or  to  <>o,  or  to  .•t<;rec  toi,'" 
or  embark  t'roin  any  part  of  His  Majesty's  dominions,  t'or  the  purpose  or  with  intenr 
to  be  so  enlisted,  entered,  eii;;aj;cd,  or  employed  as  aforesaid,  whether  any  eiilistiiii; 
money,  pay,  or  reward  .shall  have  been  or  shall  be  actually  given  or  received,  or  my. 
in  any  or  either  of  such  castas,  every  person  .so  otleiiding  shall  bo  deemed  guilty  of  a  mis- 
ileuieanor,  and  upon  being  eonvieted  thereof,  upon  any  information  or  indictiiHint. 
Nliall  be  punishable  by  lino  and  iuipri.sDumeiit,  or  either  of  them,  at  the  discretion  m 
the  court  before  which  such  ott'eiuler  shall  be  convicted." 
And  it  is  in  and  Ity  the  said  act  further  enacted  : 

••  That  if  any  iieraoii  within  any  part  of  the  United  Kingdom,  or  in  any  part  ot  Hi> 
^lajesty'n  dominions  beyond  the  seas,  shall,  without  the  leave  and  license  of  His  Majisty 


(ASr,    ul-    (;|,M'\T    I'.UnAIN. 


-'17 


III 


;,rtlitil  |iiii'|i<isi-  liixl  liiid  iiiid  olitaiiii'il  a^<  ii('i)i'i-4aii|.  i'(|iii|i,  t'nriiisii,  lii  out,  nr  urn..  . 
,it(  nipt  or  iiidi-avor  to  iM|iii|i,  liiinisli,  lit  mit.  fir  ;iriii,  w  inticmc  \n  l»c  ciiiiiiiiM'il,  I'm 
;,i,lic(l,  litti'd  out ,  or  ariiicd,  oi- sliiill  kiio\viii;jly  aid,  assisi,  or  lie  <oii(rriit'd  in  tin- 
.  iiiiniiiii;.'.  Ii"'"'"''""li>  tittiu^j  out,  or  aniiin;;,  ol'  any  Nliip  oi'  vessel,  witli  intent  or  in 
iiilrr  tliut  saeli  sliip  iM'  \  es.-tel  sliall  lie  eni)dnyi'il  in  t  lii' service  of  any  loreij^n  priitee. 
.\:['.r.  el'  |iotentate,  or  of  anv  foreijrn  I'olony,  |ir(i\  inee,  oi-  pari  of  any  ]irovinie  or  peo- 
i,li.,  or  iif  any  perMMi  or  persons  e\eicisiiin  oi-  assnniin;^  in  esereise  nny  powerw  of  ijov- 
.riuiH'iit  ia  or  over  any  forei;^n  stale,  eolony.  province,  or  part  of  any  pro\  ineo  or  jieo- 
,il,.,  ;is  n  transiiort  or  store-sliip,  oi'  with  intent  to  i  rnise  or  eoniinit  lioslilitie.s  against 
i!i\  priarr,  state,  or  ]iotentate,  or  anainst  the  snlijeets  or  eiti/etis  of  an.\  prinee.  stati-. 
,r  liiitrntate,  or  a;iainst  the  persons  exereisiu;; or  .assnniinjj;  to  e\ereise  tlie  |io\\ersri| 
cranu-nt  in  any  eol(Miy,  province,  or  part  of  any  province  oreonntr.s.  ora;;ainst  tin 


^lAcranu-nt  in  any  conniy,  province,  or  pan  oi  any  province  oreonnTr.s.  ora;;ainsr  ine 

"iihiiliitinits  of  any  forei;;n   colony,  ]iidviiMe,  or  part  of  any  jtio\  ince  <ir  country,  with 

ulioiii  His  Majesty  shall  not  then  lie  at  war:  or  shall,  v,  itliin  the  I'liited  |\in<rdoni.  or  an,\ 

,i|  His  Majesty's  dniniiiions,  or  in  any  settlement,  colony,  tei'iitoiy.  island,  or  jilace  hc- 

loii.'lii";  vr  siiiijcct  to  Ills  Majestv,  issue  or  deliver  aiiv  coinniis-.ion  for  aiiv  ship  or  ves- 
1  ".    .1     :.,»..'..*  ti... I.  ......1.   ,.i  •  .  "... ...1    .  i...n   1 .'...1.....  .1    c. .,..:.'!    1. 


;'l 


KIM  >iu<i,   .1 1111   I II  <^||«  11    |riiii  I  rn  ,1    *ti   1  (I   .1IM  II     lu.lii  111  I    111    \>  11  ti  II    I  lit    I'll  li  II  n  1(1     i  1 1.^   ..itij 

isty'.s  cnstoins  or  excise  and  the  ofticeis  of  His  Majesty's  navy  an;  eniixiwcred 
ri'S|icetively  to  make  siaziires  under  t  he  l.aw.s  <if  cn.stoms  and  i'X<'is(',  or  under 
'     '  ••  ■      •  '         •      '  •  ,11  ;  and  that  cverv  Niieh  shin  and  vessel,  with  the 

ammunition,  and 


Llie    lilllS    if  I    lltllll'    illlIL    Ilil\l<^,illIMI    .      iUlIl    llltll     l'\(-l,\      t'^IJIll    .'«I1I|P    ailll     \  I  V^ni'l,     ^\   I  I  11     I  IM 

!:;:  I,ii,  aiipaiel,  and  fnrnitnie,  to;;;cther  with  all  the  materials,  arms,  ammunition,  and 
■:iiir>  which  may  lielop'.  to  or  Ik;  on  boanl  of  such  ship  or  vessel,  may  he  iirosecutcd 
iiiil  ((iiiileianed  ill  the  IiUe  manner  and  in  sncli  courts  as  shi|is  or  vessels  may  lie  (iros- 
■riiiciliinil  ciindeinned  for  any  breach  of  the  laws  made  for  the  ]ir(iteetion  of  the  revc- 
,.i'.,,,..t..,.,^  i.ii.i  ..^-..'t^,.   /,'i'  /.I'  1 1,.,  I.,  i>'^  ..r  f  I....I .1  I,.,.  I,...,  t  ;..■>  " 


iuiu  riiliili  uiui  II    ii'i    ,lii,\     iiii-tii  11  I'l     I  III:    i(l^^>  illjKli     li'l    I  HI     Jilii 

:us  (if  ciistoiiis  and  e.\cise.  or  of  the  laws  of  tradi'  and  iia\  ij^ation." 
\iiil  it  is  in  and  liy  the  said  act  further  enait  ed  : 
•Tliiit  if  any  person  in  ;my  jiart  of  the  rnited  Kiii.i^doiii  of  (Ircat  lirilain  and  lie- 
::i:;(l,  (ir  ia  any  jiart  of  His  Majesty's  dominions  lie.\ond  tlie  seas,  w  itliont  the  h^ave  and 
luiiisi!  oi'  Mis  Majesty  for  that  purpose  tirst  had  and  olitaiii'-d  as  aforesaid,  shall,  liy 
iililiii;;t(i  the  nninlicr  of  the  j;nns  of  such  vessel,  or  hy  elian^jinj^  those  on  board  for  other 
;iiiis.  or  liy  the  addition  of  any  ei|ni|iment  for  war.  increase  or  aii;;nii!nt,  or  procure  t<i 
'"•Iiicii'iisimI  or  anniiKMited.  or  shall  lie  knowingly  eoiieeriied  in  inereasinn  m- aiij;nient- 
iiiu.  tiic  warlike  force  of  any  ship  or  sessid  of   war,  or  cruiser,  or  other   .-irmed  Acssel 

I  vhiiji  jit  the  time  of  her  :irrival  in  any  part  of  the  I'nited  Kiiie-dom,  or  any  of  His 
Mnjt'sty's  (loininions,  was  a  ship  of  war,  cruiser,  or  ai'iiied  vessel  in  the  service  of  any 
'"ni;;ii  piiace,  stat(>,  or  ]iotentate,  or  of  any  person  or  jiersons  exercisinj;  or  assnminj;' 
iiii'Xci'cisc  any  ])owers  of  jvovernini'iit  in  or  over  any  colony,  province,  or  part  of  any 

1  i>r(ivince  or  )ieoi)lo  beloiifjin.ii  to  the  subjects  of  any  sncli  prince,  state,  or  poteiitati'.  ol* 
I'liii' iiilialiitants  of  any  colony,  province,  or  ^la.rt  of  any  province  or  country  undei- 

j  iii'  idiitidl  of  jiny  person  or  jiersons  .so  e.xercisiin;'  or  as.^llnlinJ^■  to  exercise  the  jiower.- 
't  Uiivci anient,  every  sncli    person    so   olieiidiiii;'   shall   be  deemed  ijnilty  of  ;>.  niisde- 

i  :iii;iii(ir,  and  shall,  upon  lieing  convicted  thereof  upon  any  information  or  indictnit  nt. 
'"■p'liiislialih?  by  line  and  imprisonment,  or  either  of  them,  at  the  discretion  of  the  couit 
'«!"rc  which  such  offender  shall  be  convicted." 

■Vow,  in  order  that  none  of  our  .sulijects  may  unwarily  render  tlieinselves  liable  to 
lii'pi'iialties  impo.sed  by  the  said  statute,  we  do  hereby  strictly  command,  tliat  no 
"i^iiM  or  per.sons  whatsoever  do  commit  any  act,  niaiter.  or  thin'.:;  whatsoever  contra ly 
'"the  provisions  of  the,  said  .statute,  upon  pain  of  the  several  .penalties  by  the  said 
''Hiitc  iiiiprised,  and  of  onr  liij;h  displeasure. 
.\n(l  we  ilo  heniby  further  warn  all  our  lovinj^  snbjeets,  and    persons    whatsoever 


■iiiu  III-  no  iienniy  iiuTiier  Avarii  an  onr  lovinj;;  snojeers,  aim  persons  wnaisoe\cr 
iititliul  to  our  ])rotectioii,  that  if  any  of  them  shall  iiresiiine.  in  contoinpi  of  this  onr 
".Viil  ])r(Klaiiiation,  and  of  our  liis'i  displeasure,  to  do  any  acts  in  derogution  of  their 
''Hy  as  .siihjects  of  a  neutral  .sovoroij^ii  in  the  said  contest,  or  in  violation  or  contra- 

Vvntirtii  .,4' 4-1...  1.. —  ...i.'    *: :..   ai...*  i...i...li'.    —     r. i ..     1     ..^.. :..ll..     l.,. 


Mil'/  i:;p 


21  s 


Th'Kv^'IV    OF    WASHINGTON. 


tjiilist  or  «!iijfiij^o  ill  any  such  uirvicii,  or  by  proiMirinfj;  or  attoiiiptiii};'  ti)  iirDciuc,  withii; 
Her  Mii.jeMty's  doiiiinions  at  lii)mn  or  abroad,  otlusr.s  to  do  ho  ;  or  by  littiiifj  out,  anniii", 
or  eiiuippiiif^  any  .ship  or  vcssr)  to  Iw  oinployrul  as  a  ship  of  war  or  privati-er  or  trans 
port  by  eitlior  of  the  said  contoiidiiig  parties;  or  by  broakinj^  or  cndoavoilni;  to  l)i(>;ii, 
any  blockado  lawfully  and  actually  <;stablislicd  by  or  on  behalf  of  i;itli.  r  of  tlio  suid 
rontendins  parties;  or  by  carryinj^;  oiliucrs,  soldiers,  disi)atchcs,  arms,  ndlitavy  ,stor(>. 
or  materials,  or  any  article  or  artic^los  (considered  and  deemed  to  ]»i5  contraband  of  war 
according  to  the  law  of  niodcn'u  usage  of  nations,  for  the  use  or  serviiJt;  of  eitlK.rof  tin 
said  contending  parties,  all  persons  so  oHending  will  incur  and  be  liable  to  tiic  si'vcriil 
penalties  and  ]»eual  conscMiuences  by  tlx'  said  statute  or  by  th(!  law  of  luitioiis  in  tlmt 
iK'half  inii)osc<l  or  denounced. 

And  wo  do  hereby  declare,  that  all  our  subjects,  and  persons  entitled  to  mu'  motir 
tion,  who  may  misconduct  tiieniselves  in  the  i)remises,  will  do  so  at  their  peril  ami  m 
their  own  wron<;f,  and  that  they  will  in  nowis(!  obtain  any  protection  from  us  .ij^aiiist 
any  liabilities  (U-  penal  conseiiuences.  but  will,  on  the  contrary,  incur  our  Iii;,rii  ,ji,. 
pleasure  by  such  misconduct. 

Given  at  our  court  at  the  White  l.odge,  liichmoud  Park,  this  l:U!i  day  of  JIay.  ii. 
the  year  of  (uir  Lord  IHtJl,  jind  iu  the  ::i4th  of  our  riiign. 

Tlii.s  i)iocl{viuatiou  was  i)iiblislie(l  fonrti^eu -day.s  atb-r  tho  ivcoiittin 
London  of  the  now.s  that  Fort  Sumter  liad  been  reduced  by  boinbanl 
nient.  that  the  I're.sident  of  the  United  States  had  called  out  7."i,(ii)ii 
men,  aiul  that  Mr.  .letierson  Davis  had  taken  measures  for  issuin-i  lot 
ters  of  marque;'  twelve  days  after  reeeii>t  of  intelli}j;'ence  that  President 
Lincoln  had  published  a  proclamation  of  blockade;-  nine  tlays  attor  ii 
copy  of  tliat  ])roclaination  had  been  received  from  Her  Ihitaunii 
Majesty's  consul  at  Xew  Vork;'  and  three  «lays  after  the  saiiK 
proclamation  had  been  otlicially  communicated  to  Her  >Lnjesty"s  som- 
tarv  of  state  for  foreicni  aHairs  bv  the  Tnited  States  minister,  .Mr 
Dallas.' 

(^n  the  1st  June,  iSfH,  Uer  IJritannic  Majesty's  jnovernmciit  issiicil 
orders  by  which  tlie  armed  ships  of  both  belligerents,  whether  publii 
ships  of  war  or  i)rivateers,  were  interdicted  from  carrying'  prizes  made 
by  them  into  the  ports,  harbors,  roadsteads,  or  waters  of  the  Uiiitcn 
Kingdom,  or  of  any  of  Her  31ajesty's  colonies  or  i)iMsessions  abroad, 

The  government  of  the  (.'onfederate  States  remonstrated  waiinl.v 
against  the.se  orders,  as  ])racticall;\'  une(iual  in  their  op(U'ati(»ii,  and 
unduly  disadvantageous  to  the  b»Mligerent  whose  ports  were  blockaded. 
The  Secretary  of  State  of  the  United  States  expressed  his  sati.st'aetion 
Avitli  them,  as  likely  to  '-prove  a  death-blow  to   .southern  i)rivatoei 

ingv 
jlOl  *These  orders   were  strictly  enforced    throughout  the   wlioli 

period  of  the  war,  and  no  armed  vessel  was  suffered  to  brinj; 
prizes  into  any  British  port. 

On  the  10th  June,  18G1,  the  government  of  the  Emperor  of  flu 
French  issued  a  declaration,  which  was  as  follows  :'' 

Tahls,  h  lOjiiiit,  I81II. 

I^e  ministro  des  affaires  t'trangeres  a  soumis  a  reniiiereur  la  declaration  suivanti'.  m"' 
s,i  ni.i.iesti^  a  revetue  de  son  approbation  : 

l>K<  I.AISATION. 

Sa  majoste  Tempereiir  des  Franvais,  ])renant  en  consideration  I'etat  de  piiix  m"' 
existe  entre  la  France  ct  les  J^tats-lJnis  d'Amdriiiuo,  a.  n-solu  do  maintenir  uiio  striiti 
ucntralite  dans  la  lutto  engagee  outre  lo  gouYernement  uo  I'union  ct  les  etats  f|" 
pretendent  former  nne  confederation  particuliere. 

En  conseqnence,  sa  majeste,  vii  I'articlo  14  de  I'ordonnauce  do  la  marine  ilu  moi^ 
d'aoTlt  ISfil,  rarticlo  3  de  la  loi  du  10  avril  18-.i5,  les  articles  84  et  85  du  code  p(^nal 


•  Appendix,  vol.  iii,  pj).  2  and  [\. 
'  Ai>peudix,  vol.  iii,  p.  4. 
■'Ibid.,  p.  18. 


- "  Times"  and  "  Daily  News  "  of  May  2,  ISfil. 
*  Ibid.,  p.  7. 
« Ibid.,  p.  22. 


I.I'  iiiiiii.'<ti'i> 


:  '     ■  ^'  ■ 

Hi'  "iM  i 


(•A«K  oi"  (;i{i:at  i'.kitain. 


21!) 


iM  ct  >iiiviintH  <lu  (It'crct  (111  til  iiiars  I'^.Vi. '.ti:!  d  siiiviMits  «lii  todi  iviial  iii.'sritiuii', 
itrarticlf^l  (In  codo  Niijxtli'on  : 

1. 11  lie  serii  inTinis  i\  .•iiieiiii  iiiivirr  <lii  j;iicni'  (iii  I'orsiiire  (If  riia  on  rtuitrc  dus 
billip'raids  d'entrcr  et  do  si-Joiiinoi'  avcc  dvn  yirises  dans  nos  ports  on  ladcs  pondant 
iiliis  (If  vin{;t-(iniitre  lieuri's,  liors  lo  cas  d(!  rcluclK?  ibvc('o. 

'  ■.'.  Aiicinu;  vcnti;  d'objets  provcnaiit  th'  prist's  no  ponna  avoir  lion  dans  nos  dits 
purts  oil  vadcs. 

:!,  11  est  inteidit  ii  tout,  l'"iain.ais  do  prciidio  loniniission  do  I'nne  dos  donx  partifs 
pom  aniiir  dos  vaisscanx  on  j^nono,  on  (Va('('('i)ter  dos  lottres  do  niai(|ni!  ])onr  fairo  hi 
niiuso  iniiritinio,  on  do  coiiconilr  d'nno  inanitTo  (inolcon(|n(!  a  IVMiniponicnt  on  rarnio- 
iiiiiit  (I'lni  iiavii'o  do  ;j;nfii(!  on  corsaiit!  do  I'nuo  dos  donx  parties. 

).  II  est  (•jfak'inwjt  intoidit  a  tout  Fraiu.ais,  losidant  on  l'"ranoo  on  a  ri'tran'-or,  do 
sViiP'li-T  (111  j)iondro  dn  soi'vi(3o.  soit  dans  rainico  d(^  torro,  soil  ;i  bonl  dos  liatimonts  do 
^iicirc  on  dos  corsaiiis  de  run  on  lU'  Taiitro  d(.'s  l)olli<5('rants. 

"  .'i,  l.cs  FraiK/ais  n'sidaiit  on  i'laiKU!  on  a  r('traii<!;(;r  d(.'vroiit  (•■fali'inont  s"al)stonir  do 
Hint  I'iiit  ipii,  oouiniis  en  violafion  dos  lois  do  reiii))iro  on  dn  droit  dtss  ;;('ns,  ponrraif 
<ir('  (■oiisid('r('  ooninio  nn  acto  hostilo  a  I'liiio  dos  d(.'iix  ])artios,  ot  ('initiairo  a  la  non- 
tniliti-  ipie  lions  avoiis  n'solii  (Tobsorvor. 

l.cs  contrevonanls  anx  d('rensos  ot  rocoinniondation  oontoiuios  dans  la  pro::i'nto 
ili'tlaiiition  soront  iionrsnivis,  s'il  y  a  lion,  oonlornn'-iiioiit  anx  dispositions  do  la  loi  du 
jM  aviil  IH'J,"),  ot  anx  articlt's  .'^4  ot  <>  dn  oodo  iH'iial.  sans  jnvjndice  do  rapplicatioii 
i|U'il  poiirrait  y  avoir  lion  do  laiio  anx  dits  ooiitrovonants  dos  dispositions  dt;  Tarticlo 
•Jldii  cod(!  Napoh'on.  ot  dos  artioh?  (i')  ot  siiivants  dn  d('crot  dn  21  mars  l^^o.  siir  la 
iiiiiriuo  iiiai'cliande,  'M'.\  ot  snivants  dn  code  jti'iial  jioiir  ^arnl('(^  do  nior. 

Sa  iiui.joHti'  d('elai'o,  on  ontro,  ijik;  tout  FraiK.ais  (pii  no  s(>  tunw  pas  oonforiiK-  anx 
liri-ifiiti^s  ]ir('soriptions  no  poiirra  i)r(''tondr(i  a  aiionno  protection  d(!  son  }vonvoriicinoi)t 
DOiitii'  Ics  actes  on  inosnres.  (jtiols  t^irils  soion).  (|iie.  les  bolli«4('raiits  ponrrai(!nt  oxorct  r 
.111  (IrcH'ter. 

xAroj.r:oN. 

\.r  iiiiiiistre  (les  all'ain's  I'l  raii;;vie.s. 

i;.  Tiiolvkm;!.. 


A  (leciro,  of  whicli  ;i  n'iUislatiou  is  subJoiiuMl,  was  on  tlio  ITtli  .Jnni', 
''^:ll.  issueil  l»y  Ihi^  .ydv  pniuii'iit  of  the  Quern  orS[);iin:' 

ITiiUi.-liiticiii.l 

I'Ai.Aii;,  Jiiiii  IT,  1*(')1. 

Takiiii^  into  oDiiKideraliiMi  the  reiatiuns  wliieli  exist  I)('t\V(M!n  Si)ain  and  tlio  UnitiMJ 
^tati's  iif  Aiiiorioa,  and  tlio  desirability  that  )ho  roeijirooal  sontinionts  of  good  nndor- 
■■tandiij;  should  not  bo  eliangod  by  reason  ot'tlio  grave  (:Vonts  Avhich  have  taken  ])laoe 
iut'.iat.  repiihlie,  I  have  I'solved  to  niaintain  the  most  strict  neutrality  in  the  contest 
liij;iiii  lietwoen  the  I'odiMal  States  of  the  Uiii(ni  and  the  States  le'doratod  at  the  South  ; 
:inil  in  order  to  avoid  tlio  daniago  which  might  act;rne  to  my  snbj(!otsaiid  to  navigatioii 
iiiil  coiiniiorce,  i'rom  the  want  of  clear  )irovisioiis  to  which  to  adjust  tlii;ir  (MWidiiet,  I  do 
i]m\'{'  the  following : 

AiiiK  i.K  1.  It  is  forbidden  in  all  tin;  ports  of  tlio  monarchy  t<>  arm.  iirovide.  or  e(|iiip 
:iiiy  laivalcer  vessel,  whato\i'r  may  be  the  tlag  slo'  displays. 

Alii.  'i.  It  is  forbidden  in  like  manner  to  tli<'  owners,  masters,  or  captains  of  nier- 
'liaiit-vi'sscls  to  ace(!pt  letters  of  iiiar(|iie,  or  o(yniribnte  in  any  wa.\  wiiatsoever  to  the 
iiniiiniiciit  or  eqnipmonr  of  voss(ds  of  war  or  privateers. 

Alii.  I!.  It  is  forbidden  to  vessels  of  war  or  pri\ati>ors  with  fli(;ir  prize.i.  to  enter  or 
to  remain  for  more  than  twenty-fonr  hours  in  the  jioits  of  the  monarchy,  oxoeiit  in 
iisiMif  stress  of  weather.  Whenever  this  la^t  shall  occur,  the  anthorities  will  kec)i 
«atiliover  the  vessel,  and'iblige  Iter  to  go  out  to  sea  as  soon  as  possible,  without  per- 
iiiittiiig  her  to  take  in  any  stores  except  tlioso  strictly  necessary  for  the  moment,  bnt 
ill  lui  case  anus  nor  supplies  for  war. 

Aiir.  J.  Articles  jn-oceeding  from  )ni/.o>  shall  not  be  sold  in  the  p(nts  of  the 
iiimiai'(;hy. 

Alii..").  Tlio  transportation  under  the  Spanish  tlag  of  all  articles  of  commeroo'  is 
i'laraiiteed,  except  when  they  are  dirceted  to  blockaded  p.>'ts.     The  traiisi»ortiition  of 

ttiMtsof  war  is  forbidden,  as  well  as  tin?  carrying  of  papers  or  com.nniiioations  for 
'"  lli^'eieiits.  Transgressors  shall  be  rpsponsibli>  fm'  their  .acts,  and  shall  have  no  right 
'"  till'  protection  of  my  goveriinuiiit. 

Alii.  t).  It  is  forbidden  to  all  Sjianiards  to  enlist  in  tli«j  liollig.'renr  armies,  or  take 
service  on  hoiird  of  vessels  of  war  or  privateers. 
i'lj       *Ai{T.  7.  My  subjects  will  abstiiin  trom  every  act  which,  in  \ioliiti()n  of  tlio 
laws  of  the  kingdom,  can  lie  considered  as  contrary  to  uciitrality. 

'  Axipcudix,  vol.  iii,  p.  22. 


w 


220 


THKAIV    OF    WASHIXGTUX. 


.'I'lti'i'. 
J'liir!)  til.. 


Aim.  ■■^.  Tliosc  ■<■.  lio  violate  tin-  IVnrgoiiiff  ]>i'()\  isions  sIiuU  liavt-  hd  rij^lif  to  tlm  iii 
tion  of  iii.\  jfo.criiini'iit.  shall  sillier  tlif,  ( (Hisi'<nu'r.  cs  of  tlit!  iiioa.suifs  wliicj 
I icl  11  If!  rents  '.iiay  dictate,  and  sliall  Itc  jiunislicd  acLMjrdiiij!;  to  the  laws  of  Spain. 

Sk.NF.K  with  TDK  KoY.M.  H\ 

Till-  '.linistiM-  of  State. 

SAiri.'MM*  Cai.i>i;i;u\  Cui.i  \vii.>. 

Tlio,  following  public  iiotirieutioiis  woic,  pieviously  to  the  lOtli  .liun. 
ISOJ,  issiu'il  by  tli<i  }>(»v«'nim('nt  of  the  Kinj;  of  the  Netlitrlamlx: 


I'l'raii^liilic'ii.l 

Tin:  H.M.ii.. 
In  obedience  to  flie  Kiiij^'s  orders,  'he  nuiiisttM's  for  loreii>n  affairs,  of  Justice,  iiml 
the  marine,  inc'^ent  to  tlio  knowledge  of  all  whom  it  may  concern,  that  to  j^iiard  ii<^; 
l»r()hal)le  diliicnltics  duriuj;  the  doiihtfiil  complications  in  the  United  Htatiis  of  N 
.Vinerica,  no  privateers  nnder  any  lla^r,  or  provided  with  any  commission  or  lettci 
!riar<|iie,  or  their  iirizes,  shall  he  a<lmitted  intoonr  haven.s  or  sea-ports,  iiidess  in  c;) 
distress,  and  that  re(|nisit(!  orders  he  issned  that  nnder  any  circninstanccis  sncli  ]ii 
teers  and  their  jiri/.es  lie  refjuirei!  to  y:<>  auniii  to  sea  as  speeilily  as  possilde. 


Dins: 

Oltli 


■S  (II 


'i'he  ministers  ahove  iiame<l. 


Tin:  11' 


The  minister  lor  foifii;ii  ah'airs  and  the  minister  of  Justice,  l)y  the  Kinj;"s  iuithniii;, 
warn,  by  tiiesi>  presents,  all  inhabitants  vi'  the  kiiiffdoni,  that  dnrinji  the  existiiisdi- 
tnrbances  in  the  I'nited  States  of  America  they  in  nowise  takt;  jiart  in  iirivatfi'iiii; 
because  the  \etherlands  <iovernment  h;is  acceded  to  the  declaration  upon  in 
rijj;hts  set  forth  by  tlie  I'aris  confeicnee  of  lr-.")(i,  whereby,  amoiif:;  other  matters, 
teerin^'  is  abolished,  and  no  recoj,nitinn  of  commissions  obtained  lor  letters  of  i 
is  jxirmitttMl.  Also  that  commissions  and  letters  of  marque,  in  connict  with  the  utuiv 
;aid  pridiibition.  which  may  be  issued  to  inhabitants  of  the  Xetherlands.  ce.iniot  lia'.i 


Ultil:: 
]iriv;i- 
ii;iri|i;. 


lejral  ellect  in  behalf  of  the  Kin 


■^ubji'cts.  or  of  anv  abroad  who  are  in  si 


iliJi'ciKni  I'l 


the  laws  of  the  kin;;<lom.     Tliose  who.  under  such  circumstances,  eiij;a;ie  in  priv: 


nig 


)r  lend  their  aid  in  it  to  oth 


cordinjf  to  law  in  the  Netheriands 
commission  of  siU'li  oft'enses. 
The  hdnisters  silove  named. 


ill  be  considered  as  jiirates,  and  pntsecsiti'd ; 
•-iiliji'i'tcd   to  the  piniisliineiit    provideil  t'.M'  t 


'l'l':iltsl:iljiili. 


Tm;  llAin  i:,  .1, 


lun .  r 


The  minister  for  tbrei^n  allairs.  appiised  by  a  ci>mniunication  from  the  niinisti', 
nmrin<'  that  the  Kinj:;  had  authorized  ,*ho  naval  force  in  the  West  Indies  to  lie  sias 
ably  stren!;tliened  by  His   .Majesty's  steam-frigate   Zealand   and  the  screw  \m 


Dyambi  and  N'esuvius.  for  the  pui  po 


viving  protection  to  the  trade  and  iiaviyuiiiiii 


of  the  Netherlands  during  tiie  contest  whitdi  sc-ems  to  be  in  existence  in  the  I'liiti 
States  of  North  America,  wlierever  it  may  l.e  desired,  accordingly  est(>ems  it  tn  lii'lii- 
duty  to  direct  tin'  attention  of  shipe.iasters.  consignees,  and  freighters  to  the  pfii!  i" 
which  their  insurance  against  loss  w  ill  be  e.\])osed  by  any  violation  of  the  obliiiiilioib 
imposed  on  neutral  powers  to  respect  actual  bluekatles.  and  not  to  eaii'y  eomnibam' 
of  wiir.  or  disitatches  of  belliirerents. 


In  th 


■T 

ises  thev  w 


ill  I 


e  sulijeet   to  all    I  he  resulting  losses  thai   ma>'  lollnw.  will. 


out  (lie  benetit  of  any  protection  oi-  iiiter\  eui  ion  <iii  t!ie  part  of  His  Majesty's  ^hm; 
ment.     Of  which  take  r.otice. 
The  minister  above  named. 

The  goNcniiiii'iit  of  the  lOiiiporor  nl'  J>r;i/il  issued  the  Ibllnwiiig  m 
cular,  iuldi'csst'd  t<»  the  ]H('sidoiits  of  proNJnctss  within  th(>  r.i;i/ili;iii 
Ktnpiiv. : ' 

<"hii;litr  III   llii    iiis'kIdiIh  nf  jir/irincr-''. 

"riMUsliition.l 

Km  hi:  .lANiiiifo,   .MiMsim   m    Koi!i:niN  Ai  iviir-. 

.Ui;iiisl  1,  l^i'l' 
li.i.vsriuuts  AM>  K\ri:i.i.i;Nr  Sot:   The  strife  that  has  Iiroken  ont.  bctwcoii  tli' 
Icderal  (iovernment  of  tho  Tnited  States  of  North  America  and  some  of  those  .'•tiitr' 
whicii  have  declared  themselves  constituted  as  a  separate  confederation,  may  iirodiM 


.\ppeudix,  vol.  iii.  p,  'i7. 


-Ibid.,  p  -.M 


at'  lie.ligerents 


iH'chiratioii 

IIMVitillll'  ])ONV 


CASK  OF  (;in:AT   mhitain. 


I'l  I 


,  ae.'.tioiis  for  our  coiiuiiy.for  tlic  solution  of  nliicli  it  is  iiniioiiaiil  tliiit  \i>iii'  cNci-llfiKy 
I'liiiiiltl  Ijf  iHL'paveil ;  niul  I  liavc,  tiiciTloio,  it'ci-ivcil  imli'is  IVom  llis  Majesty  tin- 
KiiipcriH'  to  declare  to  your  cxcclk'iu'y  tliat  tlic  iiiiijcrial  j;ov<'riiiiH'iit  considers  that 
it  oiidit  to  maintain  itself  in  the  most  striet  nentrality  dnrin^j  the  war  in  which  those 
■  stati'S'W^  jMiliappily  en;:;anc(l ;  and  in  order  that  that  neutrality  may  he  ]tieserved. 
I  it  is  littinj;'  that  the  loUowiu;?  determinations  lie  observed  : 

T!ie  Contt'dorate  .States  have  no  rcco;rnizetl  existcne.e  :  lint,  Iiavinj^  constitnttMl  a  dis- 
tiiKt  government  dc  facto,  tlio  imperial  ,ini)v<'rnment  cannot  consider  their  naval  arnia- 
iiienti  as  acts  of  piracy,  nor  refuse  them,  with  the  neeessary  restri<'tions,  the  eliaracti'r 
if  lie  liferents  which  thoy  have  assumed. 

In  toiit'ormity  with  this,  Brazilian  subjects  are  to  abstain  I'mm  all  partiiiipation  and 
I'll  in  favor  of  one  of  the  belli.i^erents,  and  thc.\'  must  Jiot  take  ]iart  in  any  acts  which 
;;iii  be  considered  as  hostih.'  to  <nie  of  the  two  jiarties,  and  eontraiy  to  the  oblii.;ations 
,il' the  neutrality. 

The  exportation  of  warlike  arti<d(!S  from  the  ports  of  the  emjiin;  for  the  newConfed- 
.rat(   States  is  absolutely  proliildted,  whether  it  is  intended  to  b(^  done   nnder  the 

r.razilian  Hajj;  or  that  of  another  nation. 
\■>^  *Tlie  same  trade  in  contraband  of  warmnst  ]w  forbidden  to  Brazilum  ships, 
altliou;;h  they  may  be,  destint'd  for  the  ports  subject  to  the  n-overnnu>nt  of  the 
Niiiih  American  Union. 
Nil  sill))  with  the  tla<>'  -if  one  of  the  bt!llie;erents.  and  whieh  may  lie.  eini)loyed  in  this 
,  ir,  cir  iij(end(Ml  for  it,  can  be  jirovisioned,  e(|nii)pe(l.  or  armed  in  the  jxirls  of  the 
riiipiii';  the  lurnisliinfi  of  victuals  and  naval  jirovisions  indispensable  for  the  contin- 
,;i;in;nif  the  voya<;e  not  beinj;  included  in  this  prohibition. 

No  sliiji  ef  war  or  ciniscr  shall  be,  allowed  to  enter  and   remain  with  prizes  in   onr 
l:,iil>  (II- bays  more  than  twenty-four  hours,  excejii    in  ease  of  Ibrced  arrival,  and  tht^y 
-Ii;:l  111  1  (I  w;iv  be  allowed   to  dispose.   ol' tile  said   prizes,  or  ol' objects  eominj;  from 
■ie-ii 
1    i'.r  .        ,'tion  of  these  measures,  :ind  in  the  solution  of  the  questions  wliich  may 
.,  V     .  !  a(,  'leiicy  will  !)(•  j'uided  by  thi'  iirinei]iles  of  international  law,  keepin;L'in 
niiiiilth' in.sti'uclions  issued  b>-  lliis  ministry  ou  the  f-^lli  of  May,  l.':-^ri4,  ictaiuin^-  the. 
]>':rii(ii1  of  the  circular  ol  the  ;;!)t!;  of  .Inly.  If.'U,  relative  to  the   L'nited  States  at  strife 
V iih  t1ie  Ciinfederate   States;  and  you  will   communicate  to  the  imperial  ^Dveinnienf 
:.:  viliflicultics  or  extraordinary  occurrences  that,  reouire  fresh  instructions. 
I  ri|ii'iil.  vVc. 

UEN'VKMTo  Ar(;i:sT(»  j)r.  AiA(;Ai.irAi:s  iA(,»n;s. 

l;ilii<  l',\cillency  ihc  1'1!I;sii>i:m  (ff  Ihf  rrnvimr  of . 

Dcclaiiitioii.s.  (Iccroo.s,  or  uotifK.'atioiis  wciv  likcwi.si'  is.siicd  by  oilier 
liMvitiiiic  poM'ovs. 

THE   Sl'MTElf. 

01' till!  aviiK'd  .4'ip.s  .sent  to  sea  l/v  tlio  Conlederato  kStati'.s  (liiiiiij>'  tlu; 
liist  year  oftlie  '"ur.  two  only,  tl'o  Snintcr  aiul  Xashvillo,  entoictl  any 


I'ort  bolonging 
the  ciiriunfstin;  - 
Tlio  tSujnt*' ■•    " 
ilcimrtiiicnt  ».■.'  \ 
Hoiu'd  as  a  imbi 

'oillIliaiKUHl  l»v 


I'^uroiieiin  p  )\vor.  It  is  nocossary  to  state  brietly 
■!  '•,  »>i(.]i  oceurret'  in  relation  to  these  vessels. 
;.  \  ^^teanishij)  Avhieli  had  been  jjiirehased  by  the  navy 
J  -  iTiinient  of  th.'  < 'oni'edeiate  States,  was  ooinnus- 
u  --iui!  of  wai'  in  the  service  of  those  States,  and  was 
1.  .  '■  er  who  had  previously  held  a  eoniini.ss  on  in  the 
Navy  of  the  United  State.s.  It  iippears  from  the  nie.s.saye  of  Mr.  Jeffer- 
-011  Davis,  dated  2J)th  xVpril,  18G1,  tmd  hereinbefore  referred  t  >,  that  .she 
liiul  at  that  date  been  nnn'hased  and  manned,  and  was  bein  >•  ttetively 
incpart'd  for  sea.  "^he  sailed  IVom  the  ]Mississii)pi  IfixCi  on  the  ."•Oth 
•liUK',  18(31,  cruised  for  six  months,  and  <  aptnred  seventeen  i)ri7.es. 

In  the  course  of  thi.s  cruise  she  entered  (in  the  order  herein  nanted) 
I'oits  with  '  he  doiiiiiii  ns  of  the  following'  soverei{?ns  ttnd  states, 
iiiiiiiely.  tl.  '  .en  of  Spain,  the  King-  of  the  Netherlands,  the  rei)nl)lic 
I't  Venezui]'.';  ?i}  •  (}ru\n\  of  (Jreat  Britain,  the  Emperor  of  JJrazil,  and 
the  Eiuperoi  .  '  •  le  !•  i  euch.  She  obtained  cotd  and  supplies  in  the  ports 
ot  Cioiifue,uos,  (  ura(;oa,  raramaribo,  Trinidad,  tind  Martini(pio  succes- 
lively. 

At  the  time  of  her  Jirrivitl  at  (Menluegos  she  had  with  her  six  prizes, 
'ai'tiu'cd  since  her  tlepartuie  from   New    Orleans,  tuid  those  she  left 


222 


TlilvMV    OK    \V\SmN0TON. 


behind  Iicm-  in  luirbor  v/lu'ii  she  sailcil.  The  Govciiiiiu'iit  of  tlic  I'niici 
States  eoniplaiiied  to  the  Spanish  government  of  the  admission  of  the 
Sumter  into  port,  and  of  lier  having;  been  i)erniitted  to  take  in  coal  and 
water;  and  demanded  that  the  prizes  shouhl  be  released,  on  the  ground 
that  the  capturing  vessel  was  a  pirate.  The  Spanish  governinoiit  did 
not  assent  to  the  demand  that  the  Sumter  should  betreatedasa]>iriiU': 
hut  the  prizes  whieh  she  had  left  in  port  were  set  at  liberty  by  oidei  of 
thecaj>tain-general  of  the  island,  on  the  ground  that  they  were  proved. 
on  examination,  to  have  been  eaptiired  witliin  t\w  territorial  waters di 
( 'uba,  under  unlawful  eireumstanees. 

The  Sumter  approached  the  port  of  St.  Anne'.^.  C'uracoa,  on  tiic  l.Vli 
July,  hoisted  th(^  tlag  of  the  Confederate  States,  and  rerpiested  itormis 
sion  to  enter.  Tlie  governorof  the  islaiul  withheld  tliis  permission  ui:»'' 
.issured  that  she  was  not  a  privateer,  the  regulations  issued  by  tIi(i;ov 
ernment  of  the  Netherlands  luohibiting  the  admission  of  privat('(r> 
unless  in  ease  of  distress,  but  granted  it  upon  receiving  from  lici'  com 
mander  a  de(;laration  in  writing  that  the  "Sumter  was  a  ship  (<l  v,;ii 
duly  commissioned  by  the  government  of  the  Confederate  States."  in 
accei)ting  this  declaration  as  sulli('ient,  without  further  proof,  he  actd 
upon  the  unaninu)usa  >  c"  of  his  colonial  coum-il.  The  Sumter":  inaiinil 
eight  <lays  in  port,  an..  in  coal. 

With  reference  to  the.  -ts  the  CJovernment  of  ilu>  Cnited  Stato. 
on  the  l."»th  of  August,  l.SOi,  addressed  to  the  government  of  tiie  Nctli 
t^rlands  a  complaint  and  a  demand  for  reparation.'  The  latter  govern 
ment  answered  that  it  had  faithfully  fulfdled  its  duty  as  a  neutral  jiower. 
and  would  continue  to  adhere  to  it  in  future.  In  the  dis[)atch  «'onve.viii^ 
this  answer  the  following  propositions  (anu)ug  others)  were  laid  <lii\v!i 

and  atlirmed  by  the  government  of  the  Netherlands : 
jl.'j  *1.  According   to    the  principles  of  the  law  of  natioii>.  ;ill 

nations,  without  exception,  maj*  admit  ves.^els  of  war  beloiifiiii: 
to  a  belligerent  state  to  their  ports,  and  accord  to  them  all  the  favnb 
which  constitute  an  asyhun. 

1'.  As  evidence  that  the  Suujter  was  iu)t  a  pri\ateer,  the  governor  di 
Curacoa  was  bound  to  l)e  satistied  with  the  word  of  lier  coiniiiainlii 
given  in  writing,  and  had  no  right  to  tlemand  further  proofs. 

.'3.  The  Sumter  was  not,  howcer,  in  fact  a  privateer,  not  beinutln' 
l)roperty  of  privati'  owners.     Slu.  was  a  ship  of  war. 

i.  It  cannot  be  admitted  that  all  vessels  carrying  the  contederatt- lia;: 
should,  as  contended  by  the  Covernment  of  the  Cnited  States,  be  eon 
sidered  as  privateers:  because  the  princi[»les  of  the  law  of  nations.  ;i> 
well  as  the  examples  of  history,  nHjuire  that  the  rights  of  war  .>shtu;l<l'ii' 
accorded  to  those  States. 

5.  j\luch  less  can  these  vessels  be  regaided  a>  pirates,  or  ••eiigaiieil." 
in  the  words  of  the  Annu-ican  Secretary  ot  State.  "  in  a  i)iratica!  oxih' 
dition  against  the  connnerce  of  the  United  Slates."  This  would 'kmh 
compatible  with  neutrality. 

Adhering  to  these  princiides  the  g\tvernnu'nt  of  the  NetlMTi;iiiil> 
recognized,  at  the  sanu»  lime,  that  it  is  the  dut\  of  a  m-utral  state;" 
take  care  that  \  s.sels  of  the  belligerent  parties  comn\it  no  act  of  li*'^ 
tility  within  the  limits  of  its  territory,  and  do  not  keep  ,\at(l)  in  tlu 
ports  of  its  dominion  to  attack  from  them  vessels  of  the  e.nemy  :  ami  ji 
informed  the  (Jovernment  of  the  (rnited  States  that  instructions  on  tlii> 
iu'ad  would  be  sent  to  the  governors  of  the  King's  <'olonial  posscvsions. 

Subsccpu'ntly  to  this  correspondence,  and  on  the  lUth  of  August,  l^^i'l 


Ainiendix.  vol.  ii,  \\  725. 


Ibid..  1'.  7."0. 


CASE    OF    (iKKAT    I'.HJTAIN. 


')•>• 


the  Siiuitor  was  a«linitto(l  into  the  port  of  l*a  rain  aril  jo.  in  J)ntrh  (iniana, 
1111(1  coaled  there.  reniainiu}>-  in  port  eleven  day.s.' 

The  {Toverument  of  the  Netherlands  shortly  afterwards  issned  orders 
10  tbe  authorities  in  its  colonial  possessions  to  the  effect  that  no  vessel 
of  either  hclligerent  should  be  allowed  to  take  in  more  coal  than  would 
lie  suttioient  for  twenty-four  hours' consumption,  or  to  remain  in  ])(>rt 
iliiriug  a  lonper  jjeriod  than  forty-ei<?ht  hours.- 

Uefore  arrivinj;-  at  rarainaiiiio  the  Sumter  liad  visited  Tuerti* 
I'abello.  in  Venezuela,  and  the  iJritish  islaiul  of  Trinidad,  ►Siu'  remained 
in  port,  at  the  latter  [ilace,  durin.!;  six  days,  and  purchased  from  private 
iiieichiiiits  coal  and  provisions.  Her  commander  had  applied  for  per 
mission  to  purchase  coal  from  the  yovci-nnient  stores:  l»ut  this  had 
iKeii  refused  by  the  .!;overnor. 

With  reference  to  these  facts  rhe  subjoined  corresiKHidence  passed 
iiitween  the  (iovernment  of  the  United  States,  throuj;li  its  minister  in 
1,(111(1(111  fMr.  Adams'^  ami  the  •jfovernnuMit  of  Her  Jb'itai.nic  Majesty: 


Mr.  .Ilia ill"  t(i  Earl  L'l 


til. 


l.i:<;.\nuN  oi    iiii:  I'mit.k  Si  ah>.  ^cjilimlnr  :ui,  l-iil. 

Till'  imilfrsiuiin-d.  ciuKy  i\tiiii>r(liii:ivy  :iii(l  niiiiistcc  iiliMiipotcntiary  of  tlio  I'liitod 
^latt's.  it'mets  ti>  bi-  <>l»li;;iMl  lo  iiil'diiii  tlu.'  i]<x\\i  hoiioi'iililc  Karl  Jfds.scU.  Her  Ma,ic.sty"> 
iiiimipiil  "-('riftary  nf  >t:itc  lor  li)icij;ii  ati'airs.  lliat  lie  lias  been  iiistnu-tcd  liy  tln' 
I'lesidi'iit  111"  thf  i'liiti-fl  States  to  pi'ctt'V  a  ('(>iiii)laiiit  a^auist  the  aiulioiitics  of  tlif 
i-liiiidof  Tiiiii«l.-1  for  a  violation  of  Hor  ^Ia.ji'sty"s  proclamation  of  inMitrality.  b\ 
:iviii!;  iiitl  anil  tnu-onraji»-nient  to  tiic  insurgents  of  tlio  United  States.  It  appears  by 
iiMXtrai't  from  a  letter  recei\eil  at  the  Department  of  Stale  from  a  <;eutleman  l)i - 
iiivi'il  ti>  lie  worthy  of  eredit,  a  resident  of  Trinidad.  Mr.  Francis  IJernard,  a  eoi)y  of 
"liii'li  is  Niilimitted  herewith,  that  a  >team-vessel  known  as  an  armed  insnrjjent  priva- 
rxCfalled  the  Snniter.  was  reeei%ed  on  the  :'(ith  of  .Inly  last  at  that  port,  and  was  j)er- 
iiiiitctl  ti>  remain  tor  ^ix  days,  ilurini;  which  time  she  was  not  only  fnrnishod  with  ali 
iine?s;uy  supplies  tor  the  oontinnatice  of  her  cruise,  nnder  the  satictionof  the  attoriicy- 
;'(neral,  biu  that  Her  Majesty's  Jia;;  was  aetnally  iioisteil  on  the  goveranieiit  llau-statl 
iiiaikiiowledgment  of  her  arri\al. 

riic  uiiilersifjned  has  been  directed  by  iiis  Ko\  ernment  to  brinj;  this  extraordiiiiiry 
iiiMit'wliiij;  to  the  attention  ol  Lord  llnssell,  and.  in  ease  it  shonld  not  b(i  satisfactorily 
■x|ilaineil,  to  ask  for  the  adoption  of  such  measnres  as  shall  insure,  on  the  part  of  tlu' 
iiitliorities  of  the  island,  tlie  j>reventioii  of  all  occnrreuccs  of  the  kind  durin;;  the  eon- 
tiimance  nf  the  dillicnlties  in  America. 

Till'  un(lersi;;iied  deems  it  jiroper  tt>  add,  in  explanation  of  the  absen<".;  of  any  orticia  I 
riproM'iitatioii  from  Trinidad  to  substantiate  the  present  complaint,  chat  there  was  no 
"iiiMilof  the  luited  States  there  at  the  time  of  the  arrival  of  the  vessel.  Tlie  niuler- 
;  >i.umil  liad  the  honor,  a  few  days  since,  to  .-ipprise  Lord  Kiissell  of  the  fact  tl.at  this 
Itlicii'iicy  had  been  since  siii>plied  by  prifirrinj;'  an  application  for  Her  Majesty'^  c.r  - 
■lii'ihii-  for  a  new  consid.  who  is  alreadx  on  liis  way  to  (H'cnpy  his  post. 
Till'  imder>i!;niMl.  vVc. 
1  si^ne.l.  ClIAIMd'.s  KHAXC'IS  ADAMS 

)]  •■  j  Illrliislllc. ! 


Mr.  Ill  niard  In  Mr.  f>i  iranl. 
[Kxtract.] 


TllIMltAIi.  Aiiijisl  7,  l~l«l. 


I  ■■  •'■■  .iiiMiiean  Ms.M'is.  i  nave  ascertained  tlie  names  of  sonn;  oi  ineni,  viz  :  iiii' 
IJosoph  Maxwell.  Abe  I'.radford. Minnie  Miller,  West  Wind,  of  Westerly,  with  a  car;,'o  ol 
|*iigiir  troiu  Havana,  and  Gulden  Jfockt-t,  which  was  burnt  by  her  off  the  coast  of  Cuba. 


Appendix,  vol.  ii.  p.  734, 


-nnd.,  p.  737. 


« Ibid.,  p.  3. 


■S24 


ti{i:atv  oi"  \\asiiix(;ton. 


TIu'  SiiiiitiT  Ijiiidcd  fijflit  (if  1  (■!•  ]irisoni'rs  liero  in  u  (Icstitiitf  coiMlitioii ;  Imi  ;, 
contribiitinii  lius  liccii  .aisiHl  licro  I'nr  their  Ijr-iii'lit.  siillicit'iit  to  .snitply  tlicir  iiiiiiicili;iti 
wants,  iiiid  I  will  takt;  ;  arc  that  thi-y  air  [iroviiliMl  t'oc  until  an  ojiport  unity  otl'iis  i„ 
•-hi))  them  to  the  Statrs. 

Th(!  Sunitiii'  I'lMnaincd  Ihtc  till  the  .">th  instant,  and  was  aihiwcd  to  sMpjily  lursi'li 
with  coals  and  othtr  necessary  ontlits.  Tin'  Hriti.sh  Hay;  was  hoisted  (mi  tlu;  v:iivoni- 
ineiit  lla;i-Htalt'  for  her  arrival,  and  the  ollieers  of  the  liritish  war  vessel  ('inlinn, 
appeared  to  he  on  amieahle  terms  with  tlnise  of  the  Sumter.  The  iiiereliant  who  mh,. 
plied  the  Sc'.rit.'r  with  coals  did  it  with  the  consent  and  approval  of  onr  atldnicy. 
t;eiit'ral. 

IJeiiifj  !i  loyal  Amerii'an.  1  consider  it  my  duty  to  send  yon  these  iiiforniatii)iis.  n^ 
there  has  been  no  consiil  ot°  our  nation  in  this  island  lor  many  months. 
I  am,  Are.. 


C^ijjjned) 


FUAN('I.><  l!El,'N.\i;i). 


yv(f»7  L'lia.iill  to  Mr.  .tiluiii".' 


lM)i{i:i(iN  OriiCK.  Oc/(>/)(/- 1,  L'di. 

Tlie  iindeisi^iiied,  Ifer  .Majesty's  ))vincip:il  secretary  "f  state  for  fonn^^n  atVaiis,  ha, 
had  the  honor  to  receive  ii  complaint  from  Mr.  Adams,  envoy  extraordiiiaiy  ;i:i(; 
minister  plenipotentiary  ol'  the  I'liited  States  at  tliis  c(Mirt,  ajjainst  tlio  authdiiticsdi 
the  island  of  Trinidad  for  a  viol.ition  of  Her  Majesty's  proclamation  of  nentrality.  In 
jfivinj^  aid  and  encoura^iement  to  the  insni';xi'ids  of  the  I'niteil  States. 

It  appears,  irom  the  accounts  reccdved  at  the  CVdonia!  Ollice,  and  at  the  Adiiiii;iliy, 
that  a  xi'ssel  liearinjf  a  secession  \\i\<x  enti'icd  tin-  pi>rt  of  Trinidad  on  the  :!(itii  (if  .liijv 
la.sl. 

(,'aplaiii  llillyar,  t)f  ller  Majesty's  ship  Cadmns,  Imvin.^'  sent  a  lioat  to  ascertain  lii; 
nationality,  the  eomni.'Uidin<>'  ollicer.-diowed  a  commission  siii'ncd  by  Mr.  .lellersun  l):lvi^. 
ejiUing  himself  the  I'rt'sideiil  of  the  so-styli-d  t'onfederale  .Stales. 

The  Sumter,  which  was  the  vessel  in  i|uesti(in.  was  allowed  to  stay  six  (l;iys  iii 
Trinidad,  and  to  sujiply  lu'rsidf  with  coals  .and  provisions:  and  the  attorney-i;(ii'.  r.il  »! 
the  islainl  j)erceived  uo  ille;r;ility  in  thes!>  proeeedin;;s. 

The  law-oliicers  of  the  Crown  havi;  reported  that  the  condnct  ol"  the  novernoi- \\:i> 
in  conl'ormity  to  Her  Jlajesty's  proclamation. 

\o  mention  is  m.ade  by  tln^  j;overnor  <d"  his  hoi.itin^!;  the  I'ritish  llaji  on  the  hkvci;!- 
meiit  llaji-stalV:  and  if  he  did  so,  it  was  ])rohalily  in  order  to  show  the  national  iliiii 
acter  of  the  island,  and  not  in  acknowledj^ment  of  the  arrival  of  the  Suintl^-. 

'I'licre  doi's  not  a]»])ear,  therefore,  any  reason  to  hidievi^  that  Ifer  Majesty's  pnirlaiii;! 
tion  of  neutrality  has  heen  vieiated  hy  the  jL^oNcrnor  of  Trinidad,  or  by  tlie  c()nuii;i:iil- 
ini;  olficer  of  Her  .Majesty's  ship  C'adnuis. 
The  nnilersi;.;ned.  \  c. 

(Si.riK-d)  ]{r."^Si:Ll.. 


B        t 


III  -i  ^ 


The  (lovcnimoiit  of  tlic  riiitoil  Sttitcs  iii.^^ti'uctod  Mv.  Adain.s  tn 
iiirorm  tlic  .!>(>voiiinioiil  of  (licat  Uiitaiii  '-that  the  l^i'osidciit  (It't'i)h 
r(:'<i;rot.s  that  Lord  liiis.soll  is  id  together  unable  to  give  to  our  coinplaiiit 
ii  satisfactory  solution."  The  reason  silleged  for  this  expression  nt 
dissatisliU'tion  was  the  sjfino  which  had  biien  previously  rejected  hy 
the  government  of  the  Netherlands;  namely,  that  the  vSinuter  wx'^ 
a  piraticiil  ves.sel,  tind  that  her  oHicers  iuid  (,'re\v  were  pirates,  iind 
that  they  ought  to  bo  treated  ;is  such  in  foreign  ports  anil  waters. 

Further  communiciitions  on  tho  subject  subsequently  pa.ssed  betwoon 
the  two  governments.  These  communications  are  stated  in  the  sub 
Joined  dispatches,  jtddressoil  respectively  by  ller  liritannic  Majosty"> 
minister  tit  Washington  to  Her  5lajcsty's  secretary  of  sttito  fi)r  foreign 
affairs,  and  by  the  minister  of  the  United  States  in  Tiontlon  to  the 
Secretary  of  State  of  the  United  States : 

Lord  Lfioiix  /(>  luirl  liii'^niU. 

■\VAsiiix«iTON,  Xovcmbir  1,  l~iih 
Jlv  Lor.i):  Mr.  Sewanl  spoke  to  nu',  the  day  before  yesterday,  respecting  the  .■iiliiii>- 
sion  of  the  confederate  vessel  Sumter  into  Ihiti.sh  and  Dutch  ports. 

NVith  regard  to  the  I)utch  governmeut,  Mr.  Seward  said  that  ho  hud  been  oblijjedto 


Appendix,  vol.  ii,  p.  5. 


CASE    OF    GREAT    BRITAIN. 


225 


[15]  caiisf  very  "serious  rornonstrancos  to  be  addressed  to  them,  hut  that  he  had  now 
been  informed  that  they  had  given  orders  that  the  Southern  privateers  should  not 
lip  allowed  to  remain  more  than  twenty-four  hours  in  a  Dutch  port.  It  was  true, 
he  said,  that  it  had  been  declared  that  these  orders  had  not  been  issued  in  deference 
to  tlie  representations  of  the  United  States  Govern nient,  but  this  was  immaterial  ;  ho 
long  as  tne  privateers  were  excluded  in  practice,  ho  did  not  <?are  to  inquire  on  what 
irround  that  was  done. 

"  Mr.  Seward  then  mentioned  the  reception  of  the  Sumter  at  Trinidad,  and  alluded 
toyonr  lordship's  note  to  Mr.  Adams  «  the  4tli  of  October  on  the  subject.  He  said 
be  bad  been  obliged  to  send  immediately  instructions  to  Mr.  Adams  with  regard  to 
that  note.  He  did  not  tell  .ne  the  nature  of  those  instructions,  but  ho  spoke  to  me  of 
the  affair  in  a  tone  of  complaint,  and  dwelt  especially  oa  the  length  ot  time  during 
which  the  Sumter  had  been  allowed  to  remain  at  Trinidad,  and  on  the  supplies  whicu 
she  had  obtained  there.  He  said  that  France  and,  he  thought,  all  the  other  powers  of 
Europe,  refused  to  allow  privateers  to  remain  for  more  than  twenty-four  hours  in  their 
ports.  He  could  hanlly  conceive  that  England  wished  to  stand  alone  as  the  only 
power  which  admitted  the  enemies  of  the  United  States  without  restriction  into  its 
harbors.  He  supposed  that  the  matter  could  hardly  have  been  presented  in  this  light 
to  Her  Majesty's  government. 

1  observed  to  Mr.  Seward  that  I  supposed  that  in  this  matter  each  power  had  looked 
Itaek  to  precedents,  and  taken  the  course  which  had  been  usual  with  it  on  similar  oc- 
(iisioos  in  former  times.  In  one  point  the  English  rule  was,  I  said,  more  stringent  than 
that  of  France  and  many  other  powers,  for  armed  vessels  were  not  allowed  to  carry 
their  prizes  into  British  ports  foe  any  time,  however  short. 

Mr.  Seward  did  not  pursue  the  conversation.  He  merely  said  that  he  had  wished  to 
lueution  the  matter  to  me  in  the  hope  that  I  might  do  something  toward  getting  it 
satisfactorily  settled. 

I  have,  &c.,  • 

(Signed)  LYONS. 

Lord  Lyons  to  Earl  BusseU. 

Washington,  Novpniber  9,  1861. 

MyLokd:  With  reference  to  my  dispatch  of  the  4th  instant,  I  have  the  honor  to 
iut'orm  your  lordship  that  this  morning  Mr.  Seward  spoke  to  me  again  on  the  subject 
of  the  admission  of  confederate  vessels  into  British  ports.  He  used  very  nearly  the 
bame  language  on  this  as  on  the  former  occasion.  He  seemed,  however,  to  wish  now 
to  be  understood  as  requesting  me  positively  to  suggest  to  Her  Majesty's  government 
to  adopt  the  rule  in  this  respect  which  had,  he  said,  been  u:lopted  by  all  the  other  pow- 
ers of  Europe.  He  seemed  to  desire  to  make  this  suggestion  through  me,  rather  than 
ill  a  more  formal  manner  through  the  Uaited  States  minister  in  London. 

I  said  to  Mr.  Seward  that  Great  Britain  had,  I  thought,  been  the  first  power  to  place 
any  restriction  upon  the  admission  into  her  ports  of  the  armed  vessels  of  the  belliger- 
ents in  the  present  war ;  and  that  she  hail  no  doubt  followed  the  precedents  afforded 
by  her  own  previous  conduct  in  similar  cases.  I  did  not  make  any  difficulty  about 
conveying  Mr.  Seward's  suggestion  to  your  lordship,  but  1  did  not  express  any  opinion 
as  to  the  reception  it  would  meet  with. 
I  have,  &c., 
(Signed)  LYONS. 

Mr,  Adams  to  Mr,  Seward, 

[Extract.]  # 

Legation  of  the  L^nitkd  States, 

London,  December  20,  1861. 
Sir  :     '  '  *  *  *  *      I  decided  to  ask 

a  conference  of  Lord  K.issell  for  the  purpose  of  talking  over  the  substance  of  your 
iiiiumunieations  to  me  in  dispatches  No.  136  and  No.  i:{7.  It  was  appointed  for  yester- 
liay  at  3  o'clock,  when  I  enjoyed  an  oi)portunity  for  full  and  frank  conversation. 

On  the  third  point  his  lordship  contested  the  fiict  as  stated  in  the  dispatch.  He  re- 
'apitulated  what  the  government  had  done  as  regards  the  assistance  said  to  have  been 
rendered  to  privateers  in  the  colonies.  Supplies  had  been  refused  by  the  authorities 
ill  all  cases.  Whatever  htwl  been  obtained  had  come  from  purchases  of  individnals. 
i  lie  only  difference  that  he  could  find  between  the  action  of  this  government  and  that 
lit  other  nations  was  that  the  stay  of  belligerent  vessels  was  confined  by  the  latter  to 
fweuty-four  hours.  As  to  that,  he  said  that  the  omission  to  insert  the  same  provision 
ill  thu  British  orders  was  by  no  means  owing  to  unfriendliness  to  the  United  States. 

15  A 


226 


TREATY    OF    WyVHHlNGTON. 


On  the  coijtrur.v,  it  was  thouf^ht  that  if  a  govornuiont  vesHel  of  tlu'ira  should  put  into  anr 
port,  Buch  as  Malta,  for  example,  to  atay  a  uhort  tiuio,  it  had  Kcenu'd  to  them  cburlish 
to  issne  u  decree  to  limit  it  to  a  single  day.  lie  nuid  he  had  taken  some  paiuM  to  malie 
inquiries  as  to  the  action  of  other  government.'*,  and,  so  far  as  he  could  learn,  be  fouml 
it  in  other  respectp  substantially  the  wanie. 

1  have,  Ac,        • 

(Signed)  CHARLES  FRANCIS  ADAMS. 

With  the  view  ol  preveutiuij  tlio  retiurreuce  of  similar  complaints  in 
future,  and  also  of  preventing  as  far  as  might  be  the  possibility  of  any 
abuse  of  the  asylum  granted  in  British  ports  (as  in  those  of  other  neutriil 
powers)  to  belligerent  vessels,  the  British  government  on  the  31st  of 
January,  1862,  issued  the  subjoined  orders,  to  be  observed  in  all  tlie 
ports  of  the  United  Kingdom  and  those  of  Her  Majesty's  transmarine 
territories  and  possessions : 


[16]        *The   secretary   of 


Mate  for  fordgn  affairs   to   the 
ndmiralty.' 


'oi(h   commissioiurs  of  :hf 


Foreign  Office,  January  31,  l%t 
My  Lopds:  Her  Majesty  heing  fully  determined  to  observe  the  duties  of  neutralitj 
during  the  existing  hostilities  between  the  United  States  and  the  States  calling  tbeiii- 
selves  "  the  Confederate  States  of  America,"  arid  heing,  moreover,  resolved  to  prevent, 
as  far  as  possible,  the  use  of  Her  Majesty's  harbors,  ports,  and  coasts,  and  the  waters 
within  Her  Majesty's  territorial  jurisdiction,  in  aid  of  the  warlike  purposes  of  eithw 
belligerent,  has  commanded  me  to  coramunicato  to  your  lordships,  for  your  guidance, 
the  following  rules,  which  are  to  be  treated  and  enforced  as  Her  Majesty's  orders  aiul 
directions. 

Her  Majesty  is  pleased  further  to  command  that  these  rules  shall  bo  put  in  forco  In 
the  United  Kingdom  and  in  the  Channel  Islands  on  and  after  Thursday,  the  6th  day  if 
February  next,  and  in  Her  Maje-sty's  territories  and  possessions  beyond  the  soiiss.x 
days  after  the  day  when  the  governor  or  other  chief  authority  of  each  of  such  territorif'or 
possessions,  respectively,  shall  have  notified  and  published  the  same,  stating  iu  siith 
notification  that  the  said  rnles  are  to  be  obeyed  by  all  persons  within  the  same  terri- 
tories and  po.ssessions. 

I.  During  the  continuance  of  tho  present  hostilities  between  the  Government  of  tie 
United  States  of  North  America  and  the  States  calling  themselves  '*  the  Confederate 
States  of  America,"  or  until  Her  Majesty  shall  otherwise  order,  no  ship  of  war  or  pr  • 
vateer  belonging  to  either  of  the  belligerents  shall  be  permitted  to  enter  or  remain  in  i\& 
port  of  Nassau,  or  in  any  other  port,  roadstead,  or  waters  of  the  Bahama  Islunds,  n- 
cept  by  special  le.ave  of  the  lieutenant-governor  of  the  Bahama  Islands,  or  in  vane,  ii 
stress  of  weather.  If  any  such  vessel  should  enter  any  such  port,  roadstead,  or  waters 
by  special  leave,  or  under  stress  of  weather,  the  authorities  of  the  place  shall  require 
her  to  put  to  sea  as  soon  as  possible,  withont  permitting  her  to  take  in  any  supplier 
beyond  what  may  be  necessary  for  her  immediate  use. 

If,  at  the  time  when  this  order  is  h'rst  notified  in  the  Bahama  Islands,  there  shall  be 
any  such  vessel  already  within  any  port,  roadstead,  or  waters  of  those  islands,  the 
lieutenant-governor  shall  give  notice  to  such  vessel  to  depart,  and  shall  require  her 
to  put  to  sea,  within  such  time  as  he  shall,  under  the  circnmstances,  consider  proptr 
and  reasonable.  If  there,  then,  shall  be  ships  of  war  or  privateers  belonging  to  both 
the  said  belligerents  within  the  territorial  jurisdiction  of  Her  Majesty,  in  or  neartLi" 
feame  port,  roswlstead,  or  waters,  the  lieutetiant- govern  or  shall  fix  the  order  of  time  :ii 
which  snch  vessels  shall  depart.  No  such  vessel  of  either  belligerent  shall  be  permit- 
ted to  put  to  sea  until  after  the  expiration  of  at  least  twenty-four  hours  from  the  time 
when  the  last  preceding  vessel  of  the  other  belligerent  (whether  the  same  shall  b*  t 
ship  of  war,  or  privateer,  or  merchant-ship)  which  shall  have  left  the  same  port,  roa«!- 
stead,  or  waters,  or  waters  adjacent  thereto,  shall  have  passed  beyond  the  territorial 
jurisdiction  of  Her  Majesty. 

II.  During  the  continuance  of  the  present  hostilities  between  the  Government  ol'tto 
United  States  of  North  America  and  the  Slates  calling  themselves  "the  Confederat' 
States  of  America,"  all  ships  of  war  and  privateers  of  either  belligerent  are  prohibited 
from  making  use  of  any  port  or  roadstead  in  the  United  Kingdom  of  Great  Britain  ami 
Ireland,  or  in  the  Channel  Islands,  or  in  any  of  Her  M^esty's  colonies  or  foreign 
possessions  or  dependencies,  or  of  any  waters  subject  to  the  territorial  jurisdiction  «i 
the  British  Crown,  as  a  station  or  place  of  resort  for  any  warlike  purpose  or  for  tie 
purpose  of  obtaining  any  facilities  of  warlike  equipment ;  and  no  ship  of  war  or  priv.i- 


Appendix,  vol.  iii,  p.  18. 


CASE    OF   GRKAT    BRITAIN 


227 


teer  of  either  belligerent  shall  hereafter  bo  permitted  to  sail  out  of  or  leave  any  port, 
roadstead,  or  waters  subject  to  liritisli  Jurisdiction,  from  which  any  vessel  of  the  other 
belligerent  (whether  the  same  shall  be  a  ship  of  war,  a  privateer,  or  a  merchant-ship) 
nhiUl  have  previously  departed,  nntil  after  the  expiration  of  at  least  twenty-four  hours 
trom  the  departure  of  such  last-mentioned  vessel  beyond  the  territorial  jurisdiction  of 
Her  Majesty. 

III.  If  any  ship  of  war  or  privateer  of  either  belligpront  sliall.  after  the  time  when 
thisonler  shall  be  first  notified  and  put  in  force  in  the  United  Kingdom  and  in  the  Chan- 
nel Islands,  and  in  the  several  colonies  and  foreip^n  possessions  and  dependon-ies  of  Her 
Miyesty  respectively,  enter  any  port,  roadstead,  or  waters  belonging  to  Her  Majesty, 
either  in  the  United  Kingdom  or  in  the  Channel  Islands,  or  in  any  of  Her  Majesty's 
colonies  or  foreign  possessions  or  dependencies,  such  vessel  shall  be  required  to  depart 
and  to  put  to  sea  within  twenty-four  honrs  after  her  entrance  into  such  port,  road- 
stead, or  waters,  except  in  case  of  stress  of  weather,  or  of  her  requiring  provisions  or 
things  necessary  for  the  subsistence  of  her  crew,  or  repairs ;  in  either  of  which  ciises 
the  authorities  of  the  port,  or  of  the  nearest  port,  (as  the  case  may  be,)  shall  require  her 
to  put  to  sea  as  soon  as  possible  after  the  expiration  of  such  period  of  twenty-four 
hours,  without  permitting  her  to  take  in  supplies  beyond  what  may  be  necessary  for  her 
immediate  use  ;  and  no  such  vessel,  which  may  have  been  allowed  to  I'euiain  within 
Hritish  waters  for  tlie  purpose  of  repair,  shall  continue  in  any  snch  port,  roadstead,  or 
waters  for  a  longer  period  than  twenty-four  hotirs  after  the  necessary  repairs  shall  have 
Iveen  completed :  Provided,  nevertheless,  that  in  all  cases  in  which  there  shall  be  any 
vessels  (wh-!ther  ships  of  war,  privateers,  or  merchant-ships)  of  both  the  said  belliger- 
ent parties  in  the  same  port,  roadstead,  or  waters  within  the  territorial  jurisdiction  of 
Her  M.ijesty,  there  shall  be  an  interval  of  not  less  than  twenty-four  hours  between  the 
ilepartnre  therefrom  of  any  such  vessel  (whether  a  ship  of  war,  a  piivatoer,  or  a  mer- 
ibant-shij))  of  the  one  belligerent,  aiul  the  subsqnent  departure  therefrom  of  any  ship 
of  war  or  privateer  of  the  other  belligerent;  and  the  times  hereby  Iniiited  for  tlie  de- 
}iartnre  of  such  ships  of  war  and  privateers,  respectively,  shaM  always,  in  case  of  neces- 
sity, be  extended,  so  fur  as  may  be  reijuisite  for  giving  etfect  to  this  proviso,  but  not 
turthcr  or  otherwise. 

IV.  No  ship  of  war  or  privateer  of  either  belligerent  shall  hereafter  be  permitted, 
while  in  any  port,  roadstead,  or  waters  subject  to  the  territorial  jurisdiction  of  Her 
Majesty,  to  take  in  any  supjdies,  except  provisions  and  such  other  tilings  as  may  be  re- 
quisite for  the  subsistence  of  her  crew  ;  and  except  so  much  coal  only  as  may  be 

[17]    snfticiont  to  carry  such  vessel  to  the  nearest  port  of  her  own  "country,  or  to 
some  nearer  destination ;  and  no  coal  shall  bo  again  supplied  to  any  such  ship 
of  war  or  priv.iteer  in  the  same  or  any  other  port,  roadstead,  or  waters  subject  to  the 
krritorial  jurisdiction  of  Her  Majesty,  without  special  permission,  until  after  the  ex- 
piration of  three  months  from  the  time  when  such  coal  may  have  been  last  supplied 
te  her  within  British  waters,  as  aforesaid. 
I  have,  vVc, 
(Signed)  J.  RUSSELL. 

By  the  tirst  ami  second  of  the  foregoing  ortlere  belligerent  vessels 
were  ab.soUitely  excluded  from  the  ports,  roadsteads,  and  waters  of  the 
Bahama  Lslands,  except  in  case  of  stress  of  weather  or  of  special  leave 
{jranted  by  the  lieutenant-governor.  These  islands  being  very  near  to 
the  American  coast,  access  to  them  was  of  little  importance  to  the  armed 
vessels  of  the  United  States,  unless  under  stress  of  weather;  while  to 
ve.ssels  of  the  Confederate  States  it  was  of  great  importance,  the  har- 
Iws  of  these  States  being  generally,  though  not  always,  effectively 
blockaded. 

The  orders  thus  issued  by  Her  Britannic  Majesty's  government  were 
more  stringent  and  comprehensive  by  far  than  those  of  any  other  neu- 
tral government.  It  was  not  the  fact  that  in  the  ports  of  the  French 
empire,  or  in  those  of  other  neutral  powers  generally,  belligerent  vessels 
entering  without  prizes  were  prohibited  from  remaining  more  than 
twenty-four  hours  or  from  purchasing  .supplies  other  than  arms  and  mil- 
itary supplies. 

The  Sumter,  after  leaving  Trinidad,  entered  in  succession  the  ports  of 
Paramaribo,  of  San  Juan  de  Maranham  in  the  empire  of  Brazil,  where 
Hhe  remained  ten  days;. of  Port  lioyal  and  St.  Pierre  in  Martinique; 
and  of  Cadiz,  where  she  remained  fourteen  days.  She  was  during  four- 
teen d.ays  in  the  waters  of  Martinique,  and  procured  there,  under  the 


228 


TREATY    OF    WASHINGTON. 


written  iiutbority  of  the  governor  of  the  island,  as  much  ooal  as  bor 
commander  wished  to  take  on  board  to  enable  him  to  extend  his  cruLsc 
across  the  Atlantic,  together  with  other  supidies.  A  few  days  after  her 
arrival,  the  Iroquois,  a  war  steamer  of  the  United  States,  eutend  Port 
Hoyal  harbor,  and  the  subjoined  correspondence  passed  between  her 
captain  and  the  governor: 

Ca^itahi  Pal  mi  r  to  the  governor  of  Martiuliiiie. 

l.'.NITKD   StaTKS   STKAMfilin-   IkoQI  ul.s. 

Off  St.  I'Mrv,  S'oi ember  15,  18(jl. 

SiH  :  Ah  ciictimHtaiiCos  prevent  my  paying  my  porsoual  respect»  to  your  oxcfllumy 
or  your  npresentative  at  this  place,  I  write  to  amiountie  my  arrival  iu  the  afternoon oi 
yoHtcrday,  as  well  as  to  inform  you  that,  to  my  surpriHC,  I  tiud  a  notorious  steamer 
called  the  Sumter  f^uietly  coaliug  at  the  wharvea  and  enjoying  the  hospitalities  of  the 
port. 

As  your  excellency  cannot  be  aware  of  the  character  of  this  vessel,  I  denounce  her 
to  you  as  one  that  has  been  for  some  time  engaged  iu  pirating  upon  the  commerce  (it 
the  United  States,  robbing,  burning,  or  otherwise  destroying  all  American  veswls 
which  come  within  her  reach. 

May  I  not  hope,  therefore,  that  your  excellency,  upon  this  representation,  will  not 
allow  her  to  en.joy  the  privileges  I  complain  of,  but  direct  her  to  leave  the  protectiuu 
of  the  French  flag  and  the  immunities  of  a  French  port  / 
I  have,  &c., 
(Signed)  JAS.  S.  PALMER, 

Commanding  United  Slaten  Uteavmhip  Iroquois. 

Ilia  Excellency  the  GoVKRN'on  of  Mai!TIXI(juk. 

The  governor  of  Martinique  Ij  Cai>tain  Palmer, 
[Translation.] 
GOUVERNEMKNT  DE  LA  MaRTINTQCK,  CaIH.VET  I>U  GoC'VERNia'U, 

^^0.  430  Fort-de-France,  le  15  Novenibrji,  i<^][. 

M.  IA-:  Commandant:  I  have  the  hoi:or  to  rejdy  to  the  letter  which  you  addressed uie 
this  morning. 

I  am  not  ignorant,  M.  le  commandant,  of  the  presence  in  the  roads  of  St.  Pierre  of  a 
vessel  belonging  to  the  States  of  the  South,  who  profess  to  have  formed  a  separate  con- 
federation. 

To  accomplish  the  generous  intentions  of  the  Emperor,  I  wish  to  be  hospitable  to  tb' 
vessels  of  the  two  belligerent  parties,  but  I  will  not,  nor  can,  without  violatinji  the 
orders  of  His  Majesty,  divest  myself  of  the  absolute  neutrality  that  I  ought  to  observe. 

That  is  to  say  to  you,  M.  le  commandant,  that  if  it  is  not  my  intention  to  refuse  au 
anchorage  to  a  vessel  belonging  to  the  States  of  the  South,  I  otter  to  you,  on  the  other 
hand,  the  same  hospitality  and  the  same  facilities  to  the  vessels  belonging  to  the  Gov- 
ernment of  the  Union  which  you  have  the  honor  to  command. 

There  exist,  besides,  international  laws,  that  every  civilized  nation  scrupulously  ob- 
serves, and  which  I  need  scarcely  recall  to  you,  M.  le  commandant,  nor  to  the  com- 
mander of  the  Sumter. 

Accept,  &c. 

(Sigjied)  LE  AMIRAL, 

Gouvimeur  de  la  Martinique,  4c- 

M.  LE  Commandant  de  l'Iroql'Ois. 


i'S- 


[18] 


The  captain  of  the  Iroquois  was  also  informed  that,  if  the  Sum 
ter  should  leave  *the  port  before  him,  he  would  not  be  permitted 
to  weigh  anchor  until  twenty-four  hours  should  have  elapsed  after 
her  sailing.  He  quitted  his  anchorage  immediately,  and  cruised  iu  the 
offing,  with  the  design  of  intercepting  her,  till  the  night  of  the  23d, 
when  she  succeeded  iu  making  her  escape. 

On  the  18th  of  January,  1802,  the  Sumter  arrived  at  Gibraltar.  Tlie 
American  consul  at  that  port  immediately  aildressed  a  letter  to  the 
governor,  informing  him  of  the  fact,  and  expressing  the  hope  that  he 
would  "  give  such  orders  as  may  prevent  this  rebel  cruiser  from  obtaiu- 


Ui^,ii^9f  i 


CASE    OF    GREAT    15R1TA1N. 


229 


ingtbe  necessary  facilities,  and  making  equipments  for  tlie  continuance 
of  her  unlawful  vocation."  To  this  letter  the  following  answer  was 
returned  l)y  the  colonial  secretary  of  the  tlependeiun- :' 

Mr,  Fredlng  to  Mr.  Spnujuc. 

8kc-I!etai!y's  Okiick,  dihraJtar,  January  10,  l-V.-J. 

Sir.:  I  mil  inrccto*!  l>,v  ]iis  oxcclli'iK-y  tlu^  yovftruor  to  lu.'knowli'ilj^e  tliw  receipt  ot 
your It'tttT  of  ycst'Tilay's  date  on  the  Mubjoct  of  the  coufedcrato  steauier  Sumter,  now 
at  anchor  in  this  liay. 

His  excolleni'y  desires  me,  in  reply,  to  inform  you  that  the  instructions  cfiutained  in 

_»•_•»..•,,  ,;. 1. <: 4'  *1...  i)ti.   ,.!•   \t u. ...    I i.i:  .1 1   :..  »i.  .  /  ':i  _  .1.  . ..  rti 


11- 

by 


nis  exceiiiMii.,)  uiviwc.-i  nil  ,   Ml  n-iPi_\ ,  i<»  iiiiiiiiii   \  mi    iiiiu    iiiu  ui.'^Lriiiu.ioiis  I'liuiHliH'u  1 

Her  Majeoty's  proclamation  of  the  1:1th  of  May  fast  (piiljlished  in  the  (iiiiraltar  Chroi 
icle  of  the  Ist  of  .luMo,  l^'Cil  j  with  ri'ferenco  to  tlio  striet  ueutr.iiity  to  be  oliserved  by 
llerMiijesty's  subjec^ts  in  tlio  eontest  between  the  (Joverument  of  the  United  States  of 
.Vinmcii  and  certain  States  stylinj;  theni.selvos  "  the  Confederate  States  of  America."' 
will  be  strictly  carried  out  wi.'b  regard  to  th(!  ri;,'bts  and  oblij^ations  toward  botli  bel 
ligerent  parties. 

I  have,  A:c. 

(Signed)  ,  S.  r;ii:i:LiNfi. 

Colonial  Sevrelarii. 

On  tlie  21st  January,  ^$(^2,  the  consul  avldros.-^.ed  a  letter  to  the  .senior 
iiaviil  otlicer  at  Ciibraltar,  asking'  to  be  informed,  for  the  .i;"uidance  of  the 
uiasters of  American  vessels  tiu'u  lying  in  the  bay,  ^vhat  rules  he  in- 
't'luU'd  to  lay  down  and  enforce  "  in  case  any  American  ves.sels  .shouhl 
.tave  port  before  the  Sumter,  or  if  the  kSiunter  should  be  outside  the 
;tort,  waiting  to  intercept  them."  He  was  informed,  in  atiswer,  that 
"Amorican  merchant- vessels  quitting  Gibraltar  while  the  Sumter  is 
ill  the  hay,  are  entitled  to  a  start  of  twenty-four  hours  before  being  pur- 
sued with  a  hostile  intention,  and  it  is  the  duty  of  the  authorities  con- 
cerned to  see  that  such  i)rotection  is  extended  over  them."  ife  was  fur- 
ther informed  that  notice  of  tliis  regulation  had  been  given  to  the  com- 
mniuler  of  the  Sumter.^ 

On  the  same  21st  of  .fanuary,  the  consul  telegraphed  to  the  minister  of 
tlie  United  States  in  London  information  that  the  Sumter  was  still  in 
harbor,  and  added,  "Th6  British  governor  observes  strict  neutrality,  in 
conformity  with  the  Queen's  proclamation." 

The  Sumter  was,  in  fact,  according  to  the  statements  of  the  United 
States  consid,  unable  to  leave  Gibraltar  for  want  of  coal,  the  consul 
having  succeeded  in  inducing  the  merchants  of  the  place  to  refuse  to 
supply  her  with  coal,  though  her  commander  otfered  oO  per  cent,  more 
than  the  market  price.  She  then  applied  to  be  allowed  to  purchase  coal 
from  the  government  stores ;  but  this  was  refused,  in  conformity  with 
the  rule  observed  throughout  the  war,  at  alJ  British  ports,  toward  the 
vessels  of  both  belligerents.^ 

On  the  12th  February,  18G2,  the  United  States  war  steamer  Tusca- 
lora  arrived  at  Gibraltar,  and  proceeded  to  coal  at  the  neutral  port  of 
Algeciras.  She  was  soon  afterward  joined  by  the  United  States  war 
steamer  Ino,  and  sub.sequently  by  the  Kearsarge;  and  ;  e  Ino  and 
Keansarge  remained  oft"  Algeciras  waiting  to  intercept  the  Sumter.  The 
Sumter  was  paid  off  in  April,  and  lay  in  harbor  till  December,  1SG2, 
^vlien  she  was  sold  by  public  auction  (after  having  been  first  deprived 
of  Iter  armament)  to  a  British  subject  resident  at  Liverpool.  The  United 
States  consul  addressed  to  the  governor  a  protest  against  the  sale,  on 
the  groimd,  first,  that  the  Sumter  had  come  into  the  possession  of  the 
confederate  government  as  a  prize  of  war,  (which  was  proved  not  to  be 
the  fact,  the  vessel  having  been  purchased  by  that  government  from  a 


'  Appendix,  vol.  ii,  p.  13. 


-  Ibid.,  pp.  9  and  10. 


»Ibid.,p.  18. 


230 


TRKATV    OF    WASHINGTON. 


privatP  owner,)  iiiul  Kooondly,  that  the  .sale  was  miu\v  '*  for  tlio  purpose 
of  avoiding  a  capture  by  the  cruiserM  of  the  United  vStatea."  This  pro 
test  was  not  accompauied  by  any  proofs,  but  notice  of  it  w  is  otticially 
]>ublishod  by  the  colonial  secretary  before  the  day  fixed  for  the  .sale.' 

With  reference  to  this  sale  the  subjoined  letters  jiassed  bitween  tbe 
United  States  minister  in  Tondon  and  IlerlUitannic  !*flaiesty's  :^ecrotary 
of  state  for  forei^^n  atlairs:- 

^fy,  .Iddin.i  lo  L'lirl  liinafll. 

Li;0A1Iin\    Ol      IKK    IMlKI)   Sl.VlKS, 

Lovdov,  Decnnhei-  I'D,  [>^\2, 
Mv  Loi{|>:  On  <Lo  Ultli  i,{  thift  luoutb,  I  am  infonin'd  liy  tho  (onsiil  of  the  Uiiitwl 

States  at  Gibraltar,  that  a  public  ualc  is  Huid  to  have  b»ren  inatlo  of  tho  stiiamer 
[19]    Siunter,  a  vePHol  which  had  committod  *nni«;h  rii'pndation  upon  tho  commorcflof 

tho  United  States,  and  which  had  takeu  shelter  in  that  port  from  piiiMuit  from 
tho  natiounl  shipH. 

Having  the  Htrongost  reason,  from  the  known  character  and  previous*  conduct  of  the 
allcRcd  purchaser,  to  believe  that  this  sale  is  eflFected  solely  for  the  puri)os«'of  rewcuinj,' 
tho  vessel  from  its  present  position,  and  of  making  use  of  Her  Majesty's  tlag  to  con- 
vert it  to  new  purposes  of  hostilities  to  tho  United  States,  I  must  l)ray  your  lordnbip'H 
attention  to  tho  necessity  under  which  I  am  placed  of  asking  thii  assistance  of  Hii 
Majesty's  government  to  prevent  any  risk  of  damage  to  the  I'nited  States  from  ;t 
fraudulent  transaction  in  one  of  her  ports;  or,  in  default  of  it,  of  declining  to  rccojf- 
uizo  tho  validity  of  the  transfer,  should  that  vessel  subsequently  be  fcmud  by  tlic 
armed  ships  of  tln^  rnited  State?-  sailing  on  the  high  seas. 

Renewing.  \-c., 

(Signed)  CHARLKS  FUANTLS  ADAMS, 


Ea-;  B 


to  Mr.  .IdiVite. 


Fop.EKix  Ori-icK,  Janiiaiy  !,  I8O0. 
Sri! :  I  I^.avi-  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the  '      'i  iiltiuio, 
calling  my  attention  to  the  circnmstances  attending  the  sale  of  the  stean  mtfr  at 

Gibraltar,  and  I  have  the  honor  to  state  to  you,  iu  reiily,  that  the  !aw  of  the 

Crown  have  already  the  cu'^i*  before  them. 

I  have,  &c.,  ^ 

(Signed)  RU8SELL. 

Iiarl  Eii^icU  to  .Mr.  Adarv* 


h^rs 


FORKKiN  Oi'i'ici-:,  Ja!>uar)i  !''•,  ISfi;!. 
Sir:  With  reference  to  my   letter  of  the   li^t  instant,  in  which  I ackuowleilgei  the 
receipt  of  your  letter  of  the  3i)th  ultimo,  respecting  the  sale  of  the  Sumter  at  Giltr.^lt;ir, 
I  have  now  the  honor  to  inform  you  that  Her  Majesty's  naval  and  military  ofliccrH  at 
that  port  have  received  instructions  not  to  give  any  protection  to  that  vessel  beyond 
the  waters  of  Gibraltar ;  but  it  will  of  course  be  clearly  understood  that  those  iustrnc- 
tions  do  not  preclude  the  owners  of  the  Sumter,  if  that  vessel  should  be  taken  by 
United  States  cruisers,  ftom  appealing,  according  to  the  usage  and  practice  of  inter- 
national law,  to  tho  prize  court  in  the  United  States  against  the  captors  ;  nor  will  Her 
Majesty's  government  be  precluded  from  taking  any  course  which  may  appear  here- 
after to  them  proper,  if  the  Sumter,  now  assumed  to  be  British  yiroperty,  should  be 
hereafter  conde-^ued,  or  otherwise  dealt  with  in  any  maouer  which  might  not  be,  m 
their  judgment,  warranted  by  international  law. 
I  have,  «S:c., 
(Signed)  •  RUSSELL. 

i  Mr.  Adams  had  on  the  3d  January,  1863,  telegraphed  to  the  Ameri 
can  consul  at  Gibraltar  that  Captain  Bryson,  commanding  the  United 
States  war  steamer  Chippewa,  was  to  endeavor  to  capture  the  Sumter 
sbould  she  leave  Gibraltar  under  the  British  flag ;  and  on  the  19th  Jan 
uary,  1863,  he  again  telegraphed,  "  The  Sumter  should  be  captured  if 


'Appendix,  vol.  ii,  p.  4.'j. 
nbid.,  p.  52. 


*  Ibid.,  p.  47. 

*  Ibid.,  p.  54. 


^ 


(^ASK    OK    (IIJHAT    iUtlTAIN. 


231 


ulio  iiofi^  out  of  the  British  wateirt  on  the  hijjh  8eas.  If  .she  have  nomi- 
nal British  papers  she  must  be  sent  home  for  adjudication  as  prize." 
Tiie  American  consul,  on  the li I st  January,  answered  as  follows:  "  Your 
telegram  comraunicateil  to  our  commanders :  Sumter  coaling  aj^ain  and 
jirovisioning  todaj'."  Hho  sailed  from  (Jibraltar  on  the  7th  February, 
was  not  captured,  and  reached  Liverpool  on  the  l.'tth.^  At  Liverpool 
8he  remained  until  the  3d  July,  1863,  when  she  sailed  as  a  merchant- 
vos»ol,  without  armament,  and  <;arryingas  freight  some  heavy  ordnance, 
which  could  not  ))Ossibly  have  been  use<l  on  board  of  her.  She  had  un- 
dergone repairs,  but  all  fittings  for  warlike  i)urposes  had  been  removed 
from  her,  and  she  had  been  re-named  the  (Jibraltar.  While  in  port  she 
had  been  carefully  watched  by  order  of  Her  Majesty's  government,  as 
a  precaution  lest  she  should  be  in  any  way  armed  or  equip))ed  for  war ; 
and  she  was  not  permitted  to  clear  till  it  had  been  satisfactorily  shown 
that  she  was  in  iio  respect  so  equii)ped  and  had  no  armament.'  She  is 
believed  to  have  been  wrecked  at  last  in  attempting  to  enter  Charleston. 
After  the  time  when  she  entered  the  harbor  of  Gibraltar  she  never 
appeared  at  sea  as  an  armed  ship,  nor  wjis  employed  to  commit  hostili- 
ties against  the  United  States  or  their  citizens. 

With  reference  to  the  sale  and  tr.ansfcr  of  this  vessel,  the  views  of 
Her  Britannic  Majesty's  government  were  further  expressed  in  the 
following  letter  addressed  to  the  minister  of  the  United  States  in  Lon- 
don :■' 

JJail  I'^inxclf  lo  Mr.  .J(/<()«w, 

FouEiGN  Okfick,  April  :iO,  IS63. 

Siu:  TluM(^  are  soveiai  ■itatfinciits  in  your  letter  of  the  14th  of  March  rcspcctinj;  tho 
*)k'  of  the  Sumter,  at  CJijiraltar,  to  a  British  owm  r,  upon  which,  if  any  advautngu 
were  likely  to  result  from  further  disciisHion  of  the  Bubjoct,  I  should  feel  io 
[30]  ri;,fht  to  observe.  But  it  appeara  to  me  HuJlicient.  to  *8ay,  that  you  seem  to  have 
confounded,  both  iu  your  reasoning  upon  the  subject  and  in  your  reference  to 
authority,  the  positions  of  a  neutral  and  belligerent  iu  regard  to  the  Hale  of  8hip» 
belonging  to  another  belligerent,  and  to  have  forgotten,  as  in  the  instance  of  your 
rcfurenco  to  a  stufcemont  in  a  passage  on  the  law  of  prize,  that  no  neutral  state,  such 
iisGreat  Britain  now  is,  administers  prize  law  in  favor  of  either  belligerent. 

The  neutral  and  belligerent  have  distinct  rights  in  the  matter :  the  neutral  has  a 
right  to  acquire  such  projjerty  offered  to  him  for  purchase,  but  the  belligerent  may,  in 
the  particular  circumstances  of  the  case,  not  recognize  the  transfer  of  such  property, 
iw  being  that  of  his  enemy,  only  parted  with  to  the  neutral  in  order  to  protect  it  from 
lapture  on  the  high  seas.  Tiie  prize  court  of  tho  belligerent,  when  property  so  oircuni- 
iitanced  is  brought  before  it,  decides  whether  the  transfer  is  fair  or  fraudulent. 

The  British  government,  when  neutral,  is  not  bound  to  refuse  to  a  British  subject 
the  right  to  acquire  by  purcba^ie  a  vessel  which  a  belligerent  owner  may  desire  to  part 
with,  bnt  it  would  not  deny  tho  right  of  the  adverse  belligerent  to  ascertain,  if  such 
vessel  were  captured  by  its  cruisers,  whether  the  vessel  had  rightfully,  according  to 
the  law  of  nations,  come  into  the  possession  of  the  neutral ;  and  if  Great  Britain  were 
herself  belligerent,  she  would  not  complain  of  a  ueutral  government  allowing  one  of 
its  subjects  to  acquire  by  purchase  a  vessel  which  lier  adversary  might  desire  to  part 
with,  though  she  would  have  the  right  of  capturing  such  vessel  on  the  high  seas,  and 
Handing  it  before  the  prize  court  for  judgment  as  to  whether  the  vessel  had  rightfully, 
*';oording  to  the  law  of  uatious,  become  the  property  of  a  neutral  owner. 
I  have.  &.C., 
(•Signed)  RUSSELL. 

The  course  pursued  by  Her  MajestyV  goveruuieut  iu  this  case  was 
adhered  to  iu  18G4,  in  the  case  of  the  confederate  ship  Georgia.  It  wa« 
afterward  judged  expedient  by  the  government  to  prohibit  vessels  of 
war  belonging  to  either  belligerent  from  being  dismantled  or  sold  in 
British  ports. 

It  is  not  the  duty  of  a  neutral  government  to  prohibit  the  sale  within 


'  Appendix,  vol.  ii,  p.  59. 


*Ibid.,  pp.  64-8^). 


Ibid.,  p.  62. 


232 


TREATY    OF   WASHINGTON. 


its  territory  of  a  sUip  owned  by  a  belligerent  to  a  neutral  purcliaser. 
This  is  a  transaction  which  in  no  way  concerns  the  neutral  government, 
and  with  which  it  cannot  be  called  upon  to  interfere.  Under  certain 
circumstances,  indeed — as  in  the  case  of  a  ship  of  war  driven  by  siipe. 
rior  force  to  ta'v<i  refuge  in  a  neutral  port — such  a  sale  may  be  liable  to 
be  declared  void  by  a  prize  court  of  the  other  belligerent.  But  this  is  a 
jurisdiciion  exercised  by  prize  courts  alone.  Until  so  set  aside,  the  sale 
(even  in  the  rase  supposed  above)  is  valid  everywhere,  and  operates  to 
transfer  the  pi"operty  to  the  neutral  purchaser.  Nor  again  can  a  neutral 
government  be  called  upon  to  apply  rules  applicable  exclusively  to 
vessels  of  war  to  a  vessel  which,  having  originally  been  armed  for  war, 
has  been  disarmed  and  sold  as  aforesaid,  unless  it  clearly  appear  that 
the  sale  was  a  fictitious -tronsaction,  intended  to  disguise,  witliout  alter- 
ing, the  true  charactei  of  the  ship. 


k^i^ 


f'Si" 


,»ii' 


guns  or 


THE  NASHVILLE. 

The  Nashville,  an  arn.ed  steamer  commissioned  as  a  ship  of -war  ot 
the  Confederate  States,  au-ived  at  the  British  dependency  of  Bermuda 
on  the  30th  of  October,  18G2,  having  sailed  from  Charleston  ou  tlie 
2()th.^  Her  commander  apidied  for  leave  to  draw  a  supply  of  coals 
from  Iler  Majesty's  dock-yard,  but  this  request  was  refused.  She  pro- 
cured coal  from  a  private  yard,  and  sailed  on  the  4:th  November.  Ou  the 
21st  November  she  entered  the  harbor  of  Southampton,  having,  on  her 
way,  taken  and  destroyed  an  American  packet-ship,  (the  Harvey  Birch,) 
and  on  the  L'2d  went  into  dock  for  repairs.-  On  the  same  day  directiousi 
were  sent  from  the  Foreign  Ollice  that  she  "  should  not  be  allowed  to 
equip  herself  more  comi)letely  as  a  vessel  of  war,  or  to  take  in 
munitions  of  war." 

On  the  same  '.'2d  of  November,  ^Iv.  Adams  addressed  a  note  to  Earl 
Eussell  in  reference  to  the  Nashville,  inclosing  certain  jiapers  received 
from  the  consul  of  the  United  States  in  London.''  From  statements  in 
these  papers,  it  would,  Mr.  Adams  alleged,  appear  that  the  Nashville 
was  not  eipiipped  under  a  commission  as  .i  ship  of  war,  nor  even  with 
the  pretense  of  a  letter  of  marque;  and,  further,  that  she  was  sent  to 
England  with  the  avowed  design  that  she  should  be  refitted  in  Engli.-li 
ports  and  made  a  formidable  vessel  of  Avar,  and  that  the  oflicers  who 
came  in  her  should  be  put  in  command  of  two  other  ships  which  wero 
alleged  to  be  then  fitting  out  in  the  ports  of  Great  Britain  for  the  pur- 
pose of  carryi.ig  on  war  against  the  United  States.  He  proceeded  to 
request  that  Her  Majesty's  government  would  cause  inquiry  to  be  made, 
and  would  adopt  sucli  measures  as  the  case,  ui)on  investigation,  might 
seem  to  demand.  "This  inquiry  may  be  solicited  to  the  ascertainment; 
of  two  classes  of  fiicts:  the  first,  as  to  the  authority  possessed  by  this 
vessel  to  commit  so  aggressive  an  act  ou  the  citizens  of  a  friendly  power, 

and  then  to  claim  a  refuge  and  recognition  in  the  harbors  of  Great 
[21]      Britain.    The  second,  in  case  *tlie  nature  of  that  authority  he 

deemed  sufficient — at  least  in  the  view  of  Her  Majesty's  govern- 
ment— as  to  the  purposes  for  which  the  ship  is  alleged  to  have  come 
across  the  ocean,  to  wit,  the  making  more  eflective  preparation  in  the 
ports  of  Great  Britain  for  carrying  on  a  war  against  the  people  of  a 
friendly  nation.  In  the  former  case,  the  question  will  arise  whether  the 
vessel  be  or  be  not  subject  to  due  process  of  law  as  a  common  dis- 
turber of  the  peace  of  the  world ;  in  the  second,  whether  a  recogui;ied 


'  Appendix,  vol.  ii,  p.  8t, 


3  Ibid.,  pp.  90,  9L 


■^  Ibid.,  p.  92. 


CASE    OF    GREAT   BRITAIN. 


233 


belligerent  shall  or  shall  not  be  permitted  with  impunity  to  violate  the 
terms  of  Her  Majesty's  ijroclaraation  forbidding  the  fitting  out,  within 
the  ports  of  Great  Britain,  of  any  armament  intended  to  be  used  against 
a  nation  with  which  she  is  at  peace." 

The  foregoing  note  was  immediately  answered  by  Earl  Russell,  as 
follows : 

^i»7  En^ffdl  to  Mr.  .JJiini.s-.' 

FoKEiGN  On  KK.  NuvcniUf  22,  ISCl. 

Lord  Riissoil  ]iiC'S(<:its  Lis  ooiii].liiiu'iit.s  to  Mr.  Ailiini!:!.  and  Ijcj^s  leave  to  acfpiaiiit  liiin 
tl:at  bis  letter  au*l  the  iuclosui'e  Hhall  i'<;ceivo  the  iiuuiiKliate  atteutiou  of  Ilor  Majesty's 
government. 

Lord  Kussfll  lins  alioauy  given  dinictioiis  that  tio  infringement  of  tli<!  foreijrn  en- 
listment act  sball  bo  iJCi-mitted  in  regard  to  the  Nashville. 

On  the  2Sth  Xovomber,  LSCl,  Earl  Russell  addressed  to  Mr.  Adams, 
with  reference  to  his  note  of  the  22d,  a  further  not<^*,  which  w;is  as  fol- 
lows : 

Karl  I!u:^;seU  to  Mr.  Ailnm,.- 


Foiir.KiN  Oi\n:r.,  yovimhr'2~:A^CA. 
"ihv.  uu(k'r?i^ned,  ^\^\•  Miije^ty's  prinei;)al  .seoi-etary  oi"  state  for  forei<i;n  ailairs,  has 
tilt'  honor  to  inform  Mr.  Adams,  envoy  ,'xtraordinary  and  minister  ])l^^nil)otentiary  of 
the  United  States  at  this  eonrt,  that  liis  note  of  the  2'id  instant  lias  been  the  subject  of 
(lUfiul  and  anxious  e-  .isideiation  1>y  Her  Majesty's  government. 

Mr.  Adams,  aftT  reeiting  the  caiitnre  and  destruction  by  lire  of  the  United  States 
incrdiant-sbip  on  the  high  seas  by  order  of  the  commander  of  the  armed  steamer  called 
tlif' Nashville,  and  the  subsc'iuent  arrival  of  the  Nashville  in  the  port  of  Southampton, 
acks  for  an  inrjuiry  as  to  two  classes  of  facts :  the  lirsi,  '■  as  to  the  authority  jiossessed 
liy  this  vessel  to  commit  so  aggressive  an  act  on  tho  citizens  of  a  friendly  power,  and 
then  to  claim  a  refugo  in  the  harbors  of  Great  J'.ritain  ;"  the  second.  "  in  case  the  na- 
ture of  that  authoritj'  be  deemed  sufTicicnt,  at  least  in  the  view  of  Her  Majesty's  gov- 
trument,  as  to  tho  purpi -es  for  which  the  ship  is  alleged  to  have  corno  across  tlie 
meau,  to  wit,  tho  making  u)ore  effective  preparations  in  the  ports  of  Great  Uritain  for 
iiMTj'iug  on  war  against  the  people  of  a  friendly  nation.'' 

Her  Majesty's  government  have  directctl  their  iucpiiries  to  both  these  points,  and 
also  to  the  state  of  the  law  as  applicable  to  the  facts  thus  by  them  ascertained. 

With  regard  to  the  first  jioiul ,  the  undersigned  has  to  state  that  the  Na.shville  ap- 
licars  to  be  a  coiifederato  vessel  of  war ;  her  commander  and  ofticers  hiive  commis- 
sions in  the  so-styled  confederate  navy;  some  of  them  have  written  orders  from  tho 
navy  department  at  Richmond  to  report  to  Lieutenant  Pegram  "for  duty"  on  board 
tbe  Nashville,  and  her  crew  have  signed  articles  to  ship  in  the  confederate  navy. 

In  these  circumstances  the  act  done  by  tho  Nashville,  of  capturing  and  burning  on 

tlk:  bi;;h  seas  a  merch;t•lt-^•ess(d  of  the  United  States,  cannot  be  considered  as  an  act 

"vohmiarily  undertaken  by  individuals  not  vcstc<l  with  powers  generally  acknowl- 

I'clw''  to  be  necessary  to  justify  aggressive  warfare,"'  nor  does  it  at  all  "  approximate 

^witiiiu  the  dofiuition  of  piracy." 

"'  Such  being  the  answer  of  Her  M.ajesty's  govcruiueut  on  the  first  point  raised  by  Mr. 
Ail.mis,  tlut  undersigned  passes  to  tho  si'cond. 

The  undersigned  stated  to  ]\[r.  Adams,  in  his  informal  note  of  the  23d  ii:stnnt,  that 
'M  bad  already  given  directions  that  no  infringement  of  the  for<Mgn  eu'istment  act 
j^lieuld  be  permitted  in  regard  to  the  Nashville.  In  fact,  directions  haf^  already  been 
ipyen  to  prevent  tho  Nashville  from  augmenting  her  warlike  forces  within  Her  Majes- 
ty's jurisdiction  in  contravention  of  the  foreign  enlistment  act. 

Hitl)  respect  to  the  allegation  made  by  Mr.  Adams  that  some  of  the  ollicers  of  tho 
s^a»bvi)le  are  to  bo  put  in  command  of  vessels  now  fitting  out  in  British  ports  for  pnr- 
posRs  hostile  to  the  Government  of  tho  United  States,  tho  undersigned  can  only  say 
E'liat,  if  reasonable  evidence  can  be  procured  to  that  etioct,  uU  parties  concerned  who 
all  be  acting  in  contravention  of  the  foreign  enlistment  act  shall  b«  legally  proceeded 
piffainst,  with  a  view  to  the  punishment  of  the  persons  and  to  the  forfeiture  of  the  ves- 

Haying  thus  answered  Mr.  Adams  upon  the  two  points  to  which  his  attention  was 
llh  ^^^  undersigned  has  only  further  to  !>ay  that  if,  in  order  to  maintain  inviolate 
rne  neutral  character  which  Her  Majesty  bas  assumed.  Her  Majeuty's  government 


'  Appendix,  vol.  ii,  p.  95. 


Ibid.,  p.  101. 


234 


TREATY    OF    VVASHIXGTON. 


■  1*  ■ 
:■  ''i 


fthould  find  it  necessary  to  adopt  further  aieasares -within  the  liuiits  oi"  public  law. 
Her  Majeoty  will  be  advised  to  adopt  such  measures. 

It  is  the  earnest  desire  of  Her  Majesty  to  preserve  intact  the  tVieiiUly  relations))^ 
tween  Her  Majesty  and  the  United  States  of  America. 
The  undersigned,  «&c. 
(Signed) 

KUSSELL. 
[22]      *0u  the  2(1  Dec-c  nbor,  ISO],  Mr.  Adams  answ-eroil  the  foregoiii" 
note  ixa  foHows: 

Mr.  Adams  to  Earl  Ramell.^ 

Legation  or  the  Uniied  States, 

London,  Decemher  2, 1861. 

Tlie  undeihigned,  envoy  extraordinary  and  minister  plenipotentiary  of  the  UniW 
States,  baa  tie  honor  to  acknowledge  the  receipt  of  a  note  from  the  Kight  Hononibif 
Earl  Russell,  ller  "Majesty's  principal  secretary  of  state  for  foreign  atfair.-*,  dated  ou 
the  28th  of  November,  and  in  answer  to  the  note  of  the  undersigned  soliciting  au 
investigation  into  the  case  of  the  armed  steamer  the  Nashville. 

While  the  undersigned  regrets  that  Her  Majesty's  government  has  determined  to 
give  what  he  cannot  but  think  a  liberal  construction  to  the  evidence  furnished  of  the 
character  of  the  voyage  of  the  Nashville,  it  is  yet  a  source  of  great  satisfactiou  to  iiim 
to  learn  the  intention  expressed  by  the  government  to  apply  all  its  power  to  the  pre- 
vention of  measures  taken  within  this  kingdom  by  ill-disposed  persons  to  tit  outent«r 
I)ri8e8  of  a  hostile  character  to  the  United  States.  The  undersigned  euterlaJM  un 
doubt  that  this  infonnation,  which  has  been  already  transmitted  by  him  to  this  gov 
crnment,  will  be  received  with  much  pleasure. 

The  H  ndersigned,  &c. 


(Signed) 


CHARLES  FRANCIS  ADAMS, 


Eeports  of  the  nature  of  the  repairs  which  the  Nashville  was  under 
going,  showing  that  nothing  whatever  was  being  done  to  fit  her  more 
completely  as  a  vessel  of  war,  were  from  time  to  time  received  at  the 
Foreign  Office  from  the  senior  naval  officer  at  Southampton,  and  were 
forwarded  to  Mr.  Adams  for  his  information.  Mr.  Adams,  in  acknowl 
edging  the  receipt  of  these  reports,  addedf,  *'  It  is  a  source  of  gratifi 
cation  to  him  (Mr.  Adams)  to  observe  the  continued  supervision  exer 
cised  by  Her  Majesty's  government  over  the  outfit  of  that  vessel."— (28tli 
December,  1861.)* 

On  the  15th  December,  1861,  the  United  States  war-steamer  Tusca 
rora  arrived  in  Southampton  Water.  She  remained  there,  occasionally 
shifting  her  anchorage,  until  after  the  departure  of  the  Nashville,  whicli 
occurred  on  the  3d  February  following.  While  the  two  ships  remained 
in  British  waters.  Her  Majesty's  government  enforced  with  strict  im- 
partiality the  rule  which  had  previously  been  enforced  by  the  Frencli 
authorities  at  Martinique  in  the  case  of  the  Sumter  and  Iroquois,  that, 
if  either  should  sail,  the  other  should  not  follow  within  twenty  four  hours 
afterward.  The  facts  are  stated  in  reports  addressed  byCaptaia  Patey 
as  senior  naval  officer  to  Her  Majesty's  board  of  admiralty. '  Both  ship* 
coaled  at  Southa.npton. 

In  July,  1862,  the  Tu.scarora  returned  to  Southampton,  and  remained 
in  that  port  undergoing  repairs  for  three  weeks  or  thereabouts. 

GENERAL  COURSE  PURSUED  BY  HER  BRITANNIC  MAJESTY'S  GOVERN 
MENT,  AND  BY  OTHER  MARITIME  POWERS,  IN  REGARD  TO  I'M 
RECEPTION  OF  BELLIGERENT  CRUISERS. 

From  the  beginning  of  the  war  to  the  end  of  it,  Her  Britauuic  Maj 
esty's  government  scrupulously  observed,  in  respect  of  vessels  entering 
British  ports  or  waters  under  the  flag  of  either  belligerent,  the  duties 
of  a  neutral  power.    The  cruisers  of  both  were  admitted  upon  the  sane 

'Appendix,  vol.  ii,  p.  102.  « Ibid.,  p.  105. 

'For  a  summary  of  the  proceedingH  of  the  two  vessels,  see  Appendix,  vol-  ii)  P-  '*'• 


CASE    OF    GUEAT    BRITAIN. 


235 


toims ;  aud  the  rcgulatious  which  it  was  found  uecessaiy  to  nuike  from 
time  to  time  in  order  to  prevent  the  hospitality  thus  accorded  from  being 
abused,  whether  by  design  or  through  inadvertence,  were  impartially 
applied  to  both.  Unremitting  care  and  vigilance  were  employed  to 
jirevent  these  necessary  i)recautions  from  being  infringed  or  eluded,  and 
cepecially  to  prevent  any  belligerent  vessel  from  engaging  in  hostilities, 
or  from  enlisting  seamen  or  otherwise  increasing  its  military  force,  within 
British  territory,  or  using  such  territory  as  a  station  from  whence  to 
observe  aud  attack  enemy's  ships.  The  dififlculties  occasioned,  especially 
iu  Her  Majesty's  colonial  possessions,  by  the  resort  of  belligerent  cruisers 
to  British  ports  and  waters,  were  considerable,  and  calied  for  the 
exercise  of  much  judgment  and  moderation  on  the  part  of  the  local 
authorities.  By  United  States  cruisers  the  ports  and  waters  of  Her 
Majesty's  dominions  were  resorted  to  for  coaling  and  other  purposes 
more  frequently  than  by  vessels  of  the  Confederate  States.  The  impar- 
tial neutrality  maintained  in  these  "aspects  bj*  Her  Majesty's  govern- 
ment was  nevertheless  made  a  irciuent  subject  of  complaint  by  the 
Government  of  the  United  States,  which  continued  to  insist  that  con- 
federate vessels  ought  to  have  been  treated  as  piratical,  or  at  least  ex- 
cluded altogether;  whilst  the  Confederate  States,  on  their  part,  com- 
plained that  the  regulations  enforced  were  unequal  in  operation,  and 
unduly  disadvantageous  to  a  belligerent  whose  ports  and  coasts  were 
under  blockade. 

The  neutrality  observed  by  Great  Britain  was  observed  also  th.'ough- 
out  the  war  by  other  maritime  powers.  By  them,  as  by  Great  Britain, 
the  armed  vessels  of  both  belligerents  were  admitted  impartially  and 
indifferently  into  their  ports,  subject  to  such  regulations  and  conditions 
as  they  respectively  judged  it  expedient  to  impose  for  their  own  protec- 
tion, and  to  prevent  their  hosi»itality  from  being  abused. 


TT" 


[23] 


*PART     III, 


STATEMENT  ON  INTERNATIONAL  RIGHTS  AND  DUTIES:  ON  THE  m\R< 
WHICH  WERE  POSSESSED  BY  HER  BKITANNIC  MAJESTrS  GOVEIINMEM 
OF  PREVENTING  UNLAWFUL  EQUIPMENTS,  AND  THE  MANNER  AND  CIR- 
CUMSTANCES IN  AND  UNDER  WHICH  THESE  POWERS  WERE  EXERri© 


DURING  THE 


WAR. 


With  a  view  to  enable  the  tribunal  to  form  a  just  appreciation  oi 
rviTiii-Ttrn.  the  circuni stances  under  which  certain  vessels  were  pro 
,i,au.,v  M„ua;...t.   QHYQ^\  froHi  ports  in  Great  Britain  by  the  government  oftlie 
Confederate  States,  it  will  be  proper  to  sta*e,  in  the  first  ])laco.  some  | 
general  propositions,  applicable  to  the  subject,  which  are  believed  '.,v 
Her  Britannic  Majesty's  government  to  be  in  accordance  ^"lth  intprna  i 
tional  law  and  practice;  secondly,  to  explain  the  means  of  prevention  j 
which  were  at  the  command  of  Her  .Alajest.v's  government:  and.  thirdly, 
to  describe  in  .some  detail  the  manner  in  which  those  means  of  preven- ! 
tion  were  exercise<l  during  the  war. 

GE^'ERAL   I'EOrOSITlONS. 

Her  Britannic  Majesty's  government  believes  the  followir.g  proposi- 
tions to  be  in  accordance  with  the  principles  of  iureriiational  law  and 
the  practice  of  nations : 

1.  A  neutral  government  is  bound  to  exercise  due  diligence,  to  tbe] 
intent  that  no  place  within  its  territory  be  made  use  of  by  either  bellij; 
erent  as  a  base  or  point  of  departure  for  a  military  or  naval  expedition,  | 
or  for  hostilities  by  land  or  sea. 

2.  A  neutral  goverument  is  not,  by  force  of  the  above-mentioued  ob- 1 
ligation  or  otherwise,  bound  to  prevent  or  restrain  the  sale  within  its 
territory,  to  a  belligerent,  of  articles  contraband  of  war,  or  the  luanu 
facture  within  its  territory  of  such  articles  to  the  order  of  a  belligerent,  I 
or  the  delivery  thereof  within  its  toiritory  to  a  belligerent  purchaser. or 
the  exportation  of  such  articles  from  its  tciritory  for  sale  to,  or  for  the  j 
use  of,  a  belligerent. 

3.  Nor  is  a  neutral  government  bound,  by  force  of  the  abovemeu  I 
tioned  obligation  or  otherwise,  to  prohibit  or  prevent  vessels  of  war  in 
the  service  of  a  belligerent  from  entering  or  remaining  in  its  ports  or 
waters,  or  from  jMirchasing  provisions,  coal,  or  other  supplies,  or  under  j 
going  repairs  therein;  provided  that  the  same  facilities  be  accorded  toj 
both  belligerents  indifferently ;  and  provided  also  that  such  vessels  bej 
not  permitted  to  augment  their  military  force,  or  increase  or  renew! 
their  supplies  of  arms  or  munitions  of  war,  or  of  m«  i,  within  the  neu-j 
tral  territory 

4.  The  unlawful  equipment,  or  augmentation  of  force,  of  a  bellig^rentj 
vessel  within  neutral  waters  being  an  offense  against  the  nemtral  power, 
it  is  the  right  of  the  neutral  power  to  release  prizes  taken  by  means  or  j 


CASE    OF    GREAT    BRITAIN. 


237 


!v,the  aid  of  such  equipment  or  augmentation  of  force,  if  fuuiul  witliiu 
It's  jurisdiction. 

J.  It  has  been  the  practice  of  maritime  powers,  when  at  war,  to  treat 
3j  contraband  of  war  vessels  specially  adapted  for  warlike  use  and 
ioiind  at  sea  under  a  neutral  flag  iu  course  of  transportation  to  a  idace 
|H)Ssessed  or  occupied  by  a  belligcient.  Sucli  vessels  have  been  held 
[liable  to  capture  and  condemnation  as  contraband,  on  proof  in  each  case 
that  the  destination  of  the  ship  was  an  enemy's  port,  and  provided 
there  were  reasonable  grounds  for  believing  that  she  was  intended  to 
I  he  sold  or  delivered  to  or  for  the  use  of  the  enemy. 

6.  Public  ships  of  war  in  the  service  of  a  belligerent,  entering  the 
[jinrtsor  waters  of  a  neutr.'^l  are,  by  the  practice  of  nations,  exempt  from 
the  jurisdiction  of  a  neutral  power.  To  withdraw  or  refuse  to  recog- 
juize  this  exemption  without  previous  notice,  or  without  such  nctico  to 
exert,  or  attempt  to  exert,  jurisdiction  «over  any  such  vessel, 
j[24i  would  *be  a  violation  of  a  common  understanding,  which  all 
nations  are  bound  by  good  faith  to  respect. 
;.  A  vf^ssel  becomes  a  public  ship  of  war  by  being  armed  an«l  com- 
iniissioued,  that  is  to  sa^,  formally  invested  by  order  or  under  the 
authority  of  a  government  with  the  character  of  a  ship  employed  in  its 
jiiaval  service  and  forming  part  of  its  marine  for  purposes  of  war. 
Iliiere  are  no  general  rules  which  prescribe  how,  where,  or  in  what  form 
jthe  commissioning  must  be  effected,  so  as  to  impress  on  the  vessel  the 
[character  of  a  public  ship  of  war.  What  is  essential  is  that  the  ap- 
[jioiutment  of  a  designated  officer  to  the  charge  and  command  of  a  ship 
[likewise  designated  be  made  by  the  government,  or  the  proper  depart- 
[mentof  it  or  under  authority  delegated  by  the  government  or  depart- 
liiieut,  and  that  the  charge  and  command  of  the  ship  be  taken  by  the 
Iviiicer  so  appointed.  Customarily  a  ship  is  held  to  be  commissioned 
Ivrheu  «  com  missioned  officer  appointed  to  her  has  gone  on  board  of  her 
laud  hoisted  the  colors  appropriated  to  the  military  marine.  A  neutral 
liwer  may  indeed  refuse  to  admit  into  its  own  ports  or  waters  as  a 
jiiiblic  ship  of  war  any  belligerent  vessel  not  commissioned  iu  a  specified 
Jtiirmor  manner,  as  it  may  impose  on  such  admission  any  other  condi- 
Itioiis  ,.t  its  pleasure.  provi<ied  the  refusal  be  applied  to  both  belliger- 
wts  iudifteivntly ;  but  thi.s  should  not  be  done  without  reasonable 
Dotico. 

^  The  act  of  commissioning,  by  which  a  ship  is  invested  with  the 
kharacter  of  a  public  sliij)  of  war,  is,  for  that  puri)Ose,  valid  and  con- 
piMVP,  notwithstanding  that  the  ship  may  have  been  at  the  time  regis- 
Wdiu  a  foreign  country  as  a  ship  of  that  country,  or  may  have  been 
lahle  to  process  at  the  suit  of  a  private  claimant,  or  to  arrest  or  for- 
jiiture  under  the  law  of  a  foreign  state.     The  commissioning  power, 
ly commissioning  her,  incorporates  her  into  its  naval  force;  an<l  by 
p  same  act  which  withdraws  her  from  the  operation  of  ordinary  legal 
Voot'ss  assumes  the  resi>onsibility  for  all  existing  claims  which  could 
[iiherwise  have  been  enforced  against  her. 
'■••  Due  diligence  on  the  part  of  a  sovereign  government  signifies  that 
lieasure  of  care  which  the  government  is  under  an  international  obli 
kHtiou  to  use  for  a  given  purpose.    This  measure,  where  it  has  not  been 
plied  by  international  usage  or  agreement,  is  to  be  deduced  from  the 
Wiireof  the  obligation  itself,  and  from  those  considerations  of  justice, 
N«ity,  and  general  expediency  on  which  the  law  of  nations  is  founded. 
1 10.  The  measure  of  care  which  a  governi     ut    is   bound  to  use  iu 
^nW  to  prevent  within  its  jurisdiction    certain  classes  of  acts,  from 
""  li  harm  might   accrue  to    foreign  states  or  their  citizens,  must 


238 


TREATY    OF    VVAHIIINOTON. 


always  (uuless  specifically  determined  by  usage  or  agreement)  be  de- 
pendent,  more  or  less,  on  the  surrounding  circumstances,  and  cannot  be 
defined  with  precision  in  the  form  of  a  general  rule.  It  would  commonly 
however,  be  unreasonable  and  impracticable  to  require  that  it  shoulil 
exceed  that  which  the  governments  of  civilized  states  are  accustomed 
to  employ  in  matters  concerning  their  ow^n  security  or  that  of  their  own 
citizens.  That  even  this  measure  of  obligation  has  not  been  recognized 
in  practice  might  be  clearly  shown  by  reference  to  the  laws  in  force  in 
the  principal  countries  of  Europe  and  America.  It  would  be  euougii. 
indeed,  to  refer  to  the  history  of  some  of  these  countries  during  recent 
periods,  for  proof  that  great  and  enlightened  states  have  not  deemed 
themselves  bound  to  exert  the  same  vigilance  and  employ  the  same  means 
of  repression,  when  enterprises  prepared  within  their  own  territorie-s 
endangered  the  safety  of  neighboring  states,  as  they  would  probably 
have  exerted  and  eui* 'oyed  had  their  own  security  been  similarly  iin 
periled. 

11.  In  every  country  where  the  execntive  is  subject  to  the  laws,  for- 
eign states  have  a  right  to  expect — 

(a.)  That  the  laws  be  such  as  in  the  exercise  of  ordinary  foresight 
might  reasonably  be  deemed  adequate  for  the  repression  of  all  acts 
which  the  government  is  under  an  international  obligation  to  repress; 

(6.)  That,  so  far  as  may  be  necessary  for  this  purpose,  the  laws  k 
enforced  and  the  legal  powers  of  the  government  exercised. 

But  foreign  states  have  not  a  right  to  require,  where  such  laws  exist, 
that  the  executive  should  overstep  them  in  a  particular  case,  in  order 
to  prevent  harm  to  foreign  states  or  their  citizens;  nor  that,  in  order  to 
prevent  harm  to  foreign  states  or  their  citizens,  the  executive  should  act 
against  the  persons  or  property  of  individuals,  unless  upon  evidence 
which  would  justify  it  in  so  acting  if  the  interests  to  be  protected  were 
its  own  or  those  of  its  own  citizens.  Nor  are  the  laws  or  the  mode  of 
judicial  or  administrative  procedure  which  exist  in  one  country  to  be 
applied  as  constituting  a  rule  or  standard  of  comparison  for  any  other 
country.  Thus,  the  rules  which  exist  in  Great  Britain  as  to  the  admis- 
sion and  i)robative  force  of  various  kinds  of  testimony,  the  evidence 
necessary  to  be  produced  in  certain  cases,  the  questions  proper  to  b* 
tried  by  a  jury,  the  functions  of  the  executive  in  regard  to  tte 
[25]  prevention  and  prosecution  of  oifenses,  may  differ,  as  the  *ors[ani 
zation  of  the  magistrature  and  the  distribution  of  authoritr 
among  central  and  local  officers  also  differ,  from  those  which  exist  in 
France,  Germany,  or  Italy.  Each  of  these  conntries  has  a  right,  as  wed 
in  matters  which  concern  foreign  states  or  their  citizens,  as  in  other 
matters,  to  administer  and  enforce  its  own  laws  in  its  own  forum,  ami 
according  to  its  own  rules  and  modes  of  procedure ;  and  foreign  states 
cannot  justly  complain  of  this,  unless  it  can  be  clearly  shown  that  these 
rules  and  modes  of  procedure  conflict  in  any  particular  with  natural 
justice,  or,  in  other  words,  with  principles  commonly  acknowledged  by 
civilized  nations  to  be  of  universal  obligation. 

In  connection  with  the  foregoing  propositions  are  to  be  taken  the 
three  rules  stated  in  Article  VI  of  the  treaty,  and  accepted  by  Her 
Britannic  Majesty's  government  in  the  nuiuuer  expressed  in  that  article. 

NEUTKALITY  LAWS—LAW  OP  THE  UNITED  STATES. 

The  case  of  a  vessel  which  is  dispatched  from  a  neutral  port  to  or  for 
the  use  of  a  belligerent,  after  having  been  prepared  within  the  nentral 
territory  for  warlike  use,  is  one  which  may  be  regarded  from  different 


C^SE    OF    GREAT   BRITAIN. 


239 


points  of  view,  and  may  fall  within  the  operation  of  diliereut  principles. 
The  ship  herself  may  be  regarded  merely  as  an  implement  or  engine  of 
war,  sold  or  manufactured  to  order  within  neutral  territory,  and  apfter- 
ward  transported  therefrom,  and  the  whole  transaction  as  falling  within 
the  scope  of  the  principles  applicable  to  the  sale,  manufacture,  shipment, 
and  transportation  of  articles  contraband  of  war;  or,  on  the  other  hand, 
tke  preparation  and  Jispatch  of  the  ship  may  be  viewed  as  being  really 
and  in  effect  the  preparation  and  commencement  of  a  hostile  expedition. 
The  circumstances  of  each  case  can  alone  determine  from  which  of  these 
two  points  of  view  it  may  most  fitly  be  regarded,  and  to  which  class  the 
transaction  ought  to  be  assigned.  But  the  difficulty  of  drawing  a  clear, 
precise,  and  intelligible  line  between  these  two  classes  of  transactions 
has  always  been  considerable  in  theory,  and  still  greater  inprtictice;  and 
it  was  enhanced  to  the  utmost  during  the  civil  war  by  the  ingenuity 
and  audacity  of  American  citizens,  who  were  engaged  in  carrying:  on 
hostilities  against  the  Government  of  the  LTnited  States,  and  wero  de- 
sirous of  availing  themselves  for  this  purpose  of  the  ship-building  and 
manufacturijig  resources  of  Great  Britain.  This  will  sufficiently  appear 
from  the  narrative  which  follows ;  and  it  will  be  setn  also  how  serious 
and  incessant  were  the  trouble  and  embarrassment  which  these  enter- 
i)rise8  occasioned  to  Her  Majesty's  government.  It  is  by  the  many  dif- 
ticulties  encountered  and  by  the  experience  acquired  during  the  war 
that  Her  Majesty's  government  was  finally  led  to  the  conclusion  that  it 
was  expedient  not  only  to  enlarge  the  scope  of  its  municipal  law  in  rela- 
tion to  this  subject  beyond  what  has  hitherto  been  deemed  necessary  in 
any  other  country,  but,  further,  to  accept  for  itself,  and  propose  to  other 
powers,  rules  of  international  obligation  somewhat  more  stringent  and 
comprehensive  than  are  to  be  found  in  earlier  expositions  of  the  law  of 
uations. 

The  acts  of  which  the  Government  of  the  United  States  is  understood 
to  complain  belong  to  a  class  which  have  nut  commonly  been  made  an 
object  of  prohibitory  legislation.  In  lew  countries,  or  in  none,  according 
to  the  information  received  by  Her  Britannic  Majesty's  government,  did 
the  law  directly  prohibit  such  acts,  or  make  any  definite  provision  for 
prevCiiting  them,  at  the  time  when  this  war  began,  except  in  the  United 
States  and  Great  Britain.  Laws  a^'e  not  made  till  the  necessity  for  them 
has  arisen.  In  the  United  States  the  necessity  rrose  at  a  very  early 
period  in  the  history  of  that  commonwealth,  and  has  again  repeatedly 
l)re8ented  itself  at  various  times.  The  first  maritime  war  in  which  the 
United  States  held  the  ])osition  of  a  neutral  ])<)wer  was  that  which  com- 
menced in  1793,  when  the  French  Kepublic  declared  war  against  Great 
Britain  and  against  the  United  Provinces  of  the  Netherlands.  Withir: 
three  months  after  the  declaration  of  war  several  i)rivateers  had  been 
procured,  equipped,  armed,  and  commissioned  in  ports  of  the  United 
States  to  cruise  under  the  French  fiag  against  the  commerce  of  Great 
Britain,  with  which  the  United  States  were  at  peace.  They  were  not 
only  fitted  out  in  American  ports,  but  were  owned,  officered,  and  manned, 
in  huge  proportion,  by  American  citizens.  The  measures  adopted  by 
the  Executive  of  the  tjnited  States  to  restrain  these  enterprises  proved 
inadequate ;  they  were  renewed  from  time  to  time,  and  the  persons  who 
took  part  in  them  were  not  punished ;  and  on  the  5th  June,  1794,  an  act 
'>f  Congress  entitled  "An  act  in  addition  to  the  act  for  the  punishment 
"t  certain  crimes  against  the  United  States"  was  passed  for  amending 
tue  law  in  this  respect.  This  act  was  a  temporary  one,  to  continue  in 
lorce  for  two  years,  and  thenceforth  until  the  end  of  the  then  next  ses- 
sion of  Congress.    Its  provisions  were  re-enacted  on  the  2d  March,  1797, 


240 


TREATY   OF    WASHINGTON. 


te'M^'^ 


'.I 


i' 


and  were  made  perpetual  by  an  act  of  Congress  passed  on  the  21tli 
April,  1800.  It  was  not  completely  effectual.  From  the  published 
[26]  reports  of  cases  decided  in  the  American  *courts  it  appears  that 
depredations  on  British  commerce  were  again  and  again  com 
niitted  by  French  privateers,  subsequently  fitted  out  and  armed  for  war 
in  ports  of  the  United  States. 

In  March,  1806,  an  expedition  against  Spain  (with  which  the  United 
States  were  at  peace)  was  fitted  out  in  New  York  by  one  Miranda,  n 
native  of  Peru,  who  had  served  in  the  French  republican  army  under 
Dumouriez.  This  expedition,  which  consisted  of  an  armed  vessel,  carry 
ing  18  guns,  and  two  schooners,  sailed  for  its  destination.  Orders  were 
issued  for  arresting  it,  but  they  were  too  late.  Persons  who  participated 
in  it  were  afterward  prosecuted,  but  were  acquitted  by  the  jury  before 
whom  they  were  tried. 

In  the  year  1810  w.ar  broke  out  between  Spain  and  her  American 
colonies,  and  in  1810  Portugal  engaged  in  the  war  on  the  side  of  Spain, 
The  United  States  remained  neutral.  It  appears  from  the  correspond 
ence  which  subsequently  passed  between  the  Government  of  the  United 
States  and  the  governments  of  Spain  and  Portugal,  as  well  as  from  the 
published  reports  of  cases  decided  in  the  courts  of  the  United  States, 
that  a  considerable  number  of  privateers  were,  at  various  times  during 
the  war,  but  chiefly  in  the  earlier  part  of  it,  fitted  out,  manned,  and 
armed  in  ports  of  the  United  States  for  the  purpose  of  cruising  against 
the  commerce  of  Spain  and  against  that  of  Portugal,  and  that  large 
numbers  of  Spanish  and  Portuguese  ships  were  captured  by  these 
privateers.  In  the  dispatches  of  the  Portuguese  minister  at  Washington 
not  fewer  than  twenty-six  of  such  privateers  are  mentioned  as  having 
been  fitted  out  and  armed  at  a  single  American  port;  and  fifty  ships 
belonging  to  Portuguese  citizens  are  stated  to  have  been  captured  be 
tween  the  years  1816  and  1819,  inclusive.  It  wjis  further  stated  that 
the  privateers  were,  for  the  most  part,  not  only  fitted  out,  but  owned 
and  commanded,  by  citizens  of  the  United  States.  The  facts  alleged  do 
not  appear  to  have  been  disputed  by  the  Government  of  the  United 
States.  In  answer  to  the  first  representation  of  the  Portuguese  minister, 
in  which  he  indicated  ten  ships  which  had  armed,  or  were  believed  lo 
be  then  arming,  at  Baltimore,  Mr.  Monroe,  then  Secretary  of  State, 
wrote  as  follows : 


!  ■   'i 


m 


The  United  States  Setrnfary  of  State  to  the  Portuguae  minister  at  Washington. 

Washington,  December  27, 1816. 

Sir:  I  have  bad  the  honor  to  receive  your  letter  of  the  20th  instant,  complaining oi 
certain  equipments  of  armed  vessels  from  Baltimore,  and  of  instructions  given  to  tlit 
commander  of  one  of  those  vessels  to  attack  conditionally  the  vessels  of  your  sovercijin, 
the  King  of  Portugal  and  Brazil.  You  are  aware  that  these  vessels  are  equipped  with 
out  any  authority  from  this  Government,  and  ou  pretexts  very  different  from  those 
■which  you  assign.  You  are  also  aware  that  the  existing  laws  do  not  autliorize  tlii 
President  to  interfere  in  such  cases,  and  it  is  your  object  to  obtain  such  ameudmeut  il 
them  aa  may  be  sufficient  for  the  purpose. 

I  have  communicated  your  letter  to  the  President,  and  have  now  the  honor  to  trans- 
mit to  you  a  copy  of  a  message  which  he  has  addressed  to  Congress  on  the  subject, 
with  a  view  to  obtain  such  an  extension  by  law  of  the  executive  power  as  will  be 
ueccssary  to  preserve  the  strict  neutrality  of  the  United  States  iu  the  existius'  war  b' 
tween  Spain  and  the  Sjpanish  colonies,  and  effectually  to  guard  against  the  uauger  in 
regard  to  the  vessels  ot  your  sovereign  which  you  have  anticipated. 

As  soon  as  a  law  may  be  passed  on  this  subject,  I  shall  have  the  honor  of  communi- 
cating it  to  you,  and  I  avail  myself  of  this  opportunity  of  a.ssuriug  you  of  the  great 
interest  which  the  President  takes  iu  cultivating  the  uiost  kindly  relations  with  yuu' 
sovereign,  his  subjects,  and  domiuious. 
I  have,  &c., 
(Signed)  JAMES  MONROL. 

Chevalier  J.  Courea  dk  Skrha. 


CASE    OF    GREAT    IIRITAIX. 


241 


On  tlio  20th  Deceinber,  1810,  President  Madison  voniniunicated  to 
t'oujjieas  the  following  message  : 

Washington,  Ihrrmbcr 2i\.  IHKJ. 

It  is  foMiid  that  tlioexiHtinjrlaw.shavr  not  thoctflcaiy  iiciicssary  to  provciit  violations 
of  the  (>l>li^ations  oftho  United  States  as  a  nation  at  pis'KU!  toward  lielliy^enMit  partioH, 
ami  other  unlawfnl  aetH  on  the  liijj;h  ,soas  by  armed  vessels  eiinipped  witiiiii  the  waters 
i,f  the  I '"it«'d  States. 

With  a  view  to  maintain  more  etfeetnally  the  respei^t  dne  to  the  laws,  to  the  charaetei', 
aiiil  the  iientral  and  paeitic  rehitions  of  the  United  States,  I  reeoniinend  to  the  eon - 
siilcriitioii  ofCon^^ress  the  expediency  of  sneh  further  lejfislativt^  provisions  as  may  he 
i(M|iii.site  for  tletaiiiinK  vessels  actnally  e(|nipi>ed,  or  in  eonrse  of  equipment,  with  a 
warlik"  force  within  tlie  Jurisdiction  of  the  irnited  Stat<'s.  or,  as  the  ease  may  he,  for  oh- 
laitiiii;;'  trom  th<'  owners  or  eommaiider.s  of  such  vessels  adtMj  Kite  securities  a^^ainst  the 
ainiseef  their  .•'.rmaments,  with  tin;  exceptions  in  sucli  provisious  of  the  cases  of  mer- 
(liant  vessels  fnrnishi-d  with  the  ih'feiisive  armaments  usi-d  on  distant  and  danjjerons 
cxiit'ilitions,  aud  of  a  private  commerce  in  military  stores  permitted  hy  our  laws  and 
which  the  law  of  nations  does  not  riiquiro  the  United  States  to  prohjhit. 

(.sj^riuHl)  JAMES  MADISON. 

Papers  relating  to  the  same  subjeet  were  at  the  same  time  hiid 
[JT]     hv  the  Committee  on  *Foreign  Alfairs  before  the  llouse  of  liep- 
resentatives.     Among  these  was  one  by  Mr.  Monroe,  then  Secre- 
tary of  State,  in  which  he  reported  as  follows : 

The  provisions  necessary  to  make  the  1  iws  etl'eetnal  ajjainst  tittinjj  out  armed  vessels 
in  our  ports,  for  the  jmrpose  of  hostile  eruisinj;,  seem  to  he — 

1st.  That  they  shonhl  be  laid  under  homl  not  to  violate  tlie  treaties  of  the  United 
States,  or  the  ohlijjations  of  the  United  States  nn  ler  the  law  of  nations,  in  all  tjases 
will-re  there  is  reason  to  snspect  such  a  ])nrpose  ou  foot,  iuelndiug  the  cases  of  vessels 
lakiiij;  on  hoard  arms  and  nninitions  of  war,  a])plieable  to  the  equipment  and  arma- 
iiuiit  of  such  vessels  snhsequent  to  their  departure. 

•2d.  To  invest  the  collectors,  or  other  revenue  oilicers  where  there  are  no  collectors, 
with  power  to  seize  and  (hftain  vessels  umler  cireumstancesindieatinjf  strong-  piesump- 
tioii  of  ail  intended  breach  of  the  law  ;  the  detention  to  take  i)laeo  until  the  order  of 
the  Executive  on  a  full  representation  of  t!ie  facts  had  thereupon  can  bo  obtained. 
The  statute-book  contains  analoj^ons  powers  to  this  above  suj^gestion.  (See  particularly 
till' eleventh  section  of  the  act  of  Conj^ress  of  April  2'i,  IdOS.) 

The  existiiiff  laws  do  not  ^'^  to  this  extent.  They  do  not  authorize  the  demand  of 
si'tiirity  in  any  shape,  or  any  interposition  on  the  part  of  the  maj;istracy  as  a  preven- 
tive where  there  is  reason  to  snspect  an  intention  to  lominit  the  otteiise.  Tliey  rest 
iiptm  the  j;eneral  footiiif?  of  punishini?  the  offense  where,  !<"  there  be  full  evidence  of  the 
actual  perpetration  of  the  crime,  the  party  is  bonded  over  after  the  trial  to  the  penalty 

(ll'IlOllllCCCl. 

Ou  the  3d  March,  1817,  a  short  act  was  passed,  by  the  first  section  of 
wliicli  provision  was  made  (by  the  introdnction  of  the  words  "colony, 
•listriot,  or  people,'')  for  the  case  of  a  belligerent  community  or  body  of 
IRT.sous  not  recognized  as  a  sovertMgn  state. 

The  second  and  third  sections  were  as  follows  : 

SK.r.  10.  And  he  it  further  itiactcd,  That  the  owiu-rs  or  consij^neesof  every  armed  ship 
or  vt'ssel  sailinji  <>"t  of  the  ports  of  the  United  States,  bel()nf;in<>  wholly  or  in  part  to 
iitizi'118  thereof,  shall  enter  into  bond  to  the  United  States,  with  sutlicient  sureties, 
|iiiiir  to  deariiifj;  out  the  .same,  in  double  the  amoniit  of  the  value  of  the  vessel  iiiid  cargo 
•  11  lioard,  ineludin}j;  her  armament,  that  tht>  said  ship  m-  vessel  shall  not  be;  employed 
'y  such  owners  to  cruise  or  eonimit  hostilities  a<j;ainst  tln^  subjects,  citizens,  or  jiroperty 
"I  liny  foreign  prince  or  state,  or  of  any  colony,  district,  m-  peojile,  with  whom  the 
1  iiited  States  are  at  peace. 

Skc.  U.  And  be  it  further  eiiaeted,  That  the  collectors  of  the  customs  be,  and  they  are 
lureliy,  respectively  authorized  and  reipiired  to  dtjtain  any  vessel  manifestly  built  for 
warlike  purposes,  and  about  to  depart  the  United  States,  of  which  the  earo;o  shall 
priiicipully  consist  of  arms  and  munitions  of  war,  wlien  the  number  of  men  shijiped  on 
'wind,  or  other  circnmstanees,  shall  remler  it  probable  that  siudi  vessel  is  intended  to 
t)t' eiuployed  by  the  owner  or  owners  to  cruise  or  commit  hostilities  upon  thi*  subjects, 
litizcns,  or  property  of  any  foreign  state,  or  of  any  cidony,  district,  or  people,  with  whom 
the  United  States  are  at  peace,  until  the  decision  of  the  President  be  luid  thereon,  or 
"util  the  owner  or  owners  shall  give  such  bond  and  security  as  is  required  of  the  owners 
of  armed  ships  by  the  preceding  section  of  this  act. 
16  A 


242 


TREATY    OF    VVASrriNOTON. 


H 


It  is  to  be  reumrkcd  tliat  these  ])rovisions  wore  eiia<!te<l  on  a  rcpiv 
seutatioii  by  the  Secretary  of  Htate  that  it  liad  become  necessurv,  in 
order  to  make  the  laws  against  htting  out  armed  vessels  elVecttniil,  td 
invest  the  collectors  or  other  revenue  olhcers  with  a  preventive  powti 
to  seize  and  detain  on  a  reasonable  suspicion,  or  at  any  rate  on  a 
"  strong  i)resumption,"  of  an  intciuiled  breach  of  the  law.  Tlic  only 
cases  in  which  Congress  was  willing  to  confer  this  power  were  tlioisc 
defined  in  these  sections,  neither  of  whiiih  could  by  ai»y  latitude  oi 
construction  be  so  extended  as  to  incbuh^  a  vessel  which  at  the  tiinc  oi 
its  dei»iirture  wiis  neithei-  "iied  nor  laden  with  a  cargo  coiisistiiij^ 
principidly  of  arms  and  munitions  of  war.  Nor  would  the  second  m- 
tion  end»race  any  vessel  mit  owned  wholly  or  in  part  by  citizens  of  tlu 
United  States;  and  the  security  which  the  (iollectors  wcue  autlioiizid 
to  take  was  a  security  only  against  a  hostile  employment  of  the  sliip  In 
the  "owner or o\viU!rs  "  thereof, and  (in  cases  within  the  second  section 
by  ''such"  owners;  that  is  to  say,  by  owners  being  Anu'ricaii  (!iti 
zens. 

On  the  LM)th  April,  1818,  a  further  act  of  (Congress  wasjjassed,  eiititld 
"An  a(!t  in  addition  to  the  act  for  the  [)unishment  of  (Mutaiii  eriiiics 
against  the  United  States,  ami  to  repeal  the  a<;ts  therein  mentioned,' 
By  this  act  the  a<!ts  of  171)4,  17!>7,  and  1817,  were  repeahMl,  and  tluii 
provisions  were  revised  and  consolidated,  but  without  being  made  iiion 
stringent  in  any  material  resj)ect.  It  has  never  since  been  repealed, 
alteied,  or  an»ended,  and  continues  at  the  present  day  a  part  of  tlielaw 
of  the  United  States. 

Notwithstaiuling  the  legislation  of  1817  and  1818,  the  Spanish  and 
Portuguese  ministers  continued  from  time  to  time  to  complain  to  tiic 
GovernnuMit  of  the  United  States  of  depn^lations  on  Spanish  and 
Portuguese  connnercc^  by  vessels  fitted  out  and  armed  in  i)orts  of  tlii' 
United  States.  By  the  Si)anish  minister,  writing  on  the  2d  Noveinlu'i, 
1817,  it  was  afllirmed  that  "the  act  of  Congress  of  the  3d  March,  ISli, 
has  in  nowise  lessened  the  abuses  by  which  the  laws  are  evaded. 
[28]  and  whi<!h  render  entirely  illusory  the  laudable  *i)ur|)o.ses  tor 
whi(!h  they  were  enacted."  "  From  the  greater  part,"  lie  eon 
tinned,  "of  the  ports  of  these  States  there  frequently  sail  a  considoralde 
number  of  vessels,  with  the  premeditated  intention  of  attacking  tk 
Spanish  commerce,  which  carry  their  armament  concealed  in  tlie  liold. 
It  rarely  happens  that  they  can  be  arrested,  inasmuch  as  the  collector.". 
of  customs  say  that  they  have  not  at  their  disposition  the  naval  foiof 
necessary  to  effect  it.  On  the  other  hand,  armed  vessels,  under  the  tin;; 
of  the  insurgents,  enter  into  the  ports  of  tlu's  (Jnion,  and  not  oidy  supplv 
themselves  with  all  necessaries,  but  also  considerably  incnuise  the 
means  they  already  have  of  destroy  ing  the  trade  of  Spain,  as  has  re 
cently  been  the  case  at  New  York,  whereby  the  (so-called)  privateersot 
His  Majesty's  revolted  provinces,  which  are  in  reality  nothing  more  than 
pirates,  manned  by  the  scum  of  all  countries,  enjoy  greater  privilefriJi 
than  the  vessels  of  independent  [jowers." 

These  remonstrances  were  repeatedly  renewed  during  the  year  181S. 
On  the  7th  May,  1818,  he  wrote— 

I  would  have  isoiisidcred  myself  dispoii.sed  from  tlie  necessity  of  iit;ain  prcs.iiug  tbi> 
subject  on  your  attention,  if  it  had  appeared  possible  for  me  to  restrain  tlut.si!  ariiia 
ments  by  the  employment  of  judicial  means  ;  but,  unfortunately,  the  act  of  (."i)tij,'rt''* 
of  the  iJOth  of  April  last,  for  preserviiifj;  neutrality  with  foreign  nations,  ami  otben- 
already  in  force,  although  highly  judicious,  are  easily  eluded ;  and  although  tliesi- 
practices  are  jtublic  and  uotorious  throughout  the  whole  Union,  His  Majesty's  ccm.siils 
advise  me  that  through  a  deficiency  of  evidence  they  cannot  be  restrained  by  a  regidai 
application  of  the  law. 


CASE    OF    GREAT    HRITAIN. 


24.'i 


And  on  tlie  'M\\  ,]\uw,  1818,  lie  rcurcsontcd  that  there  v/ere  tlicn  at 
Haltiinon^  four  priviitcer.s,  three  of  which  were  notoriously  Httcd  out 
thciv,  whilst  the  fourth  wiis  a  sclioouer  captured  from  Spanish  owiu'rs. 
All  tin'sc  vessels,  he  atllrrneil,  wereconiiuanded  Wy  citi/,ensof  the  l'nite«l 
States,  and  nianiu'd,  with  scarcely  an  excepti<Mi,  hy  A nu'rican  «!rews; 
but  lie  added  that,  though  these  facts  were  well  known,  it  was  in  vain 
toswk  evidence  to  prove  thciU,  "as,  a  j^reat  portion  ol  the  coninnucial 
people  of  lialtiiHore  beinjj  interested  in  the  cases  which  produce  my 
present  reclamations,  lu)  one  is  willinj;  to  come  forwanl  and  otlei-  tos- 
tiinoiiy  against  what  is  termed  tin?  {^eiuaal  interest." 

It  is  needless  her(^  to  refer  particularly  t<»  more  recent  instaiu'cs  of 
vessels  titted  out  in  ports  of  the  United  States  for  expeditions  aj;aiust 
eoniitries  with  which  the  Uinted  States  were  at  peace.  These  in- 
stiiiices  are  well  known. 

Ill  referrinft- to  the  facts  nientione<l  above,  it  is  by  no  means  the  in- 
tention of  Her  ^lajesty's  government  to  cast  any  reproach  ujton  the 
(loveniment  or  people  of  the  United  States.  Prohibitory  laws  diie«'ted 
against  offenses  of  this  kind  are  liable  to  be  evaded  or  infrinsjed  without 
fault  on  the  part  of  the  (iovornment;  and  they  have  accordingly  been 
iiitViii}>od  in  the  United  States  by  acts  much  more  tiagrant  thau  any  of 
those  now  charge<l  against  (ireat  JJritain.  The  enforcement  of  such 
laws  is  indeed  beset  by  special  ditliculties.  It  is  usually  tlillicult  t^  as- 
wrtain  the  existence  of  an  unlawfid  iuteution.  The  class  of  acts  which 
they  prohibit  are  easy  to  conceal  or  disguise ;  the  occasions  which  call 
tlieiu  into  operation  occur  but  seldom;  and  when  these  occasicm.s  arise 
it  becomes  needful  tiither  to  create  a  spiicial  machinery  for  the  i)uri)ose, 
or  to  rely  upon  the  otticers  intrusted  with  the  execution  of  the  ordinary 
laws  of  trade  ami  navigation — laws  which  are  framed  on  the  principle 
(•f  avoiding  as  much  as  possible  all  uiinute  scrutiny  and  unnecessary 
interference. 

Many  cases  of  alleged  violations  of  the  acts  hereinbefore  mentioned 
have  been  brought  before  courts  of  the  United  States,  and  various  parts 
ot  them  have  received  from  those  courts  a  judicial  interpretation.  These 
interpretations  have  been,  and  still  are,  regarded  as  authoritative  expo- 
sitions of  the  law  of  the  United  States  bearing  ou  this  subject. 

It  results  from  the  foregoing  statemeut — 

1.  That  the  law  of  the  United  States  regarding  this  matter  arose  »mt 
of  the  prevalence  within  the  United  States  of  the  acts  which  it  was  de- 
siffiied  to  prevent,  and  t4iat  it  has  been  altered  and  amended  in  order  to 
prevent  more  effectually  the  recurrence  of  those  acts. 

2.  That  it  has  existed  in  its  present  form  for  more  than  ttftj"  years; 
that  in  the  course  of  that  time  recourse  has  frecpu'utly  been  had  to  it ; 
and  that  it  has  always  been  held,  and  is  now  held  by  the  legislative  au- 
thority in  the  United  States,  to  be  adequate  for  its  i)urpose. 

3.  That,  notwithstanding  this  law,  vessels  have  from  time  to  time  been 
titted  out  and  armed  within  the  United  States,  to  cruise  and  commit 
hostilities  against  nations  with  which  the  United  States  were  at  peace, 
and  that  severe  losses  and  injuries  have  been  inflicted  on  those  nations 
by  the  depredations  of  such  vessels. 

Further,  it  has  been  constantly  held  and  maintained  by  the  United 
States  (and  particularly  during  the  discussions  with  Spain  and  Portugal 
above  referred  to)  that  the  powers  possessed  by  the  Government  of  the 
United  States  to  prevent  the  fitting  out  of  vessels  within  theter- 
(-0]  ritory  of  the  Kepublic  were  such  only  as  could  be  shown  to  be  ♦ac- 
tually vested  in  the  Government  by  the  laws  and  Constitu- 
tion of  the   United  States  in   force   for   the    time   being;   and  that, 


244 


TRKATY    OF    WAHIIINOTON. 


|>i'(>vi(l«Ml  those  powiM'H  had  boon  bona  JitU;  nxcniisjMl,  tho  United  Stiiti  > 
were  not  iCHptmsihle  for  any  hjs.scs,  however  se\ei«',  indicted  hy  am 
vessel  or  vessels,  however  ninneroiiH,  lltted  and  armed  within  tlH-iitcni 
toiies. 

It  has  l»een  th(^  praetieo  of  tlie  executive  autiiorities  of  the  riiitcd 
Ktates,  in  enforcing;  the  law,  to  act  upon  information  laid  before  tli<iii 
hy  consuls  of  forei}»ii  jM>wers,  or  other  p«'rsons  interested  «)ni(iiil|y  m 
otherwisj'  in  jneviMitiii};  the  acts  prohibited  by  the  law,  and  to  rc(iiiiii 
the  persons  funushin};  such  information  to  product^  evidencu'  in  sn|i|Mirt 
of  it  ;  and  the  iniportan<'e  of  such  informatioi.,  to  eiiabh>  the  iieiitiiil 
l)Ower  to  intervene  in  proper  cases,  was  expressly  (lointed  out  in  tlu'lct 
tor  of  .Mr.  detterson  to  Mr.  Hammond,  of  the  r)th  Septeirdjer,  17!)'{,  im 
nexed  to  the  treaty  of  the  l!>th  November,  17!) t,  between  the  Unitcil 
►States  and  (Jreat  Britain. 

LAW  OF  <J1{KAT  BRITAIN. 


The  law  of  Great  liritain  on  this  subject  was,  at  the  time  of  the  Imii 
peiiinj;'  of  the  events  out  of  whi(rh  the  rpiestions  submitted  to  the  aihi 
trators  arose,  end)odied  in  an  act  of  Parliament  passed  in  tlu^  year  ls|!). 
and  entitled  "An  act  to  prevent  the  enlisting;  or  enya};ement  of  IIi> 
Majesty's  subjects  to  serve  in  foreif>n  service,  an<l  the  littinjjoutonjriii 
piny,  in  His  Majesty's  donnnions,  vessels  for  warlike  j)urpos('s  witli 
out  His  Majesty's  license."  This  act  is  commonly  referred  to  as  the  "lor 
eign  enlistment  act."  At  the  tinu^  when  it  was  proposed  to  Parliaiiicnr, 
it  was  reported  and  believed  that  expi'ditions  were  being  prepared  in 
England  for  the  assistance  of  the  Spanish-American  colonies,  wliuh 
were  then  at  war  with  their  mother  country.  The  circumstances,  tlicic 
fore,  which  gave  rise  to  the  passing  of  the  British  law,  were  siiiiihirio 
those  which  gave  rise  to  the  i»assing  of  the  <;orresponding  laws  in  tin 
United  States,  with  the  ditierence  that  in  the  United  States  aniicd  m> 
sels  had  actually  been  titted  out,  and  had  actually  committed  ho-tiliii, 
and  depredations  against  the  commerce  of  a  friendly  power,  whei\.i>  n. 
Great  Britain  it  was  only  apprehended  that  st)me  vessels  were  about  tn 
be  fitted  out  and  dispatched  with  a  like  purpose. 

The  legislature  of  Great  Britain,  in  framing  the  law  of  1819,  iiit|ii!ii> 
to  have  adopted  as  its  model  the  law  which  had  been  i)assed  by  tlH'(  in 
gress  of  the  United  States  in  the  prece«ling  year.    The  British  jicf  is. 
however,  as  regards  the  matters  now  in  (piestion,  mon^  stringent,  rijim 
oils,  and  comprehensive  than  that  of  the  Uinted  States. 

In  regard  to  the  fitting  out  of  vessels  for  belligerent  jinrposes,  tlit'stt 
tion  of  the  act  of  the  United  States  which  defines  the  offense  is  a> 
follows : 

Skc.  I?.  Aud  he  it  further  etiaded,  That  if  any  person  shall,  within  the  limits  oftlif 
United  States,  fit  ont  and  aim,  or  attempt  to  tit  ont  and  arm,  or  procure  to  lie  littiil 
out  and  armed,  or  shall  knowingly  bocioneerned  in  the  Inrnishinfj,  tittin<;  out,  or  aim- 
ing of  any  sliij)  or  vessel  with  intent  that  eneh  ship  or  vj'ssel  shall  he  emiiloyeil  in  lli'' 
serviee  of  any  foreign  prince  or  state,  or  of  any  colony,  district,  or  ]»eo])le,  to  cniisior 
commit  hostilities  against  the  suhjects,  eiti/ens,  or  property  of  any  foreign  priiiii"' 
state,  or  of  any  colony,  district,  or  people  with  whom  the  United  States  are  at  ptnoc. 
or  shall  issue  or  deliver  a  commission  within  the  territory  or  jurisdiction  of  tlie fnitiil 
States,  for  any  ship  or  vessel,  t»>  the  intent  that  she  maybe  employed  as  iiloivsiiiii. 
every  person  so  offending  shall  be  guilty  of  a  high  misdemeanor,  and  shall  he  (iiu'iluuf 
more  than  $10,000,  and  imprisoned  not  more  thau  three  years;  and  uvery  such  .sliiimr 
vessel,  with  her  tackle,  apparel,  and  furniture,  tog»'tlier  with  all  materials,  iinns,  am- 
munition, and  stores,  which  may  have  been  procured  for  the  building  and  eciuipni;"' 
thereof,  sliall  he  forfeited;  one-half  to  the  use  of  the  inforoier,  and  the  other  ball  to 
the  use  Of  the  United  States. 


CAHK    OF    (JItKAT    URITAIN. 


24') 


Tho  section  of  the.  Hritisli  act  which  il«'titu>s  tli<>  otreiiso  is  us  IoIIowh: 

VII.  Inil  hi  \l  fiirlhvr  inurlnl,  Tluil  if  iiiiv  piMsoii  within  iiiiy  |»iHt  of  Hu-  ITii'tt'd 
Kiiii.'ili>iii,  or  ill  any  pint  <>t°  liis  Miiji-sty's  iloiiiiiiioiiH  In-yoinl  tlio  mims,  Hliall,  witlnMit 
till'  li'itvi'  itiiil  liriMiHi!  of  His  Miiji'Hi  V  for  lliiit  |iiirposi'  lirst   liml  aiul  olitiiiinvl  ih  aforo- 

>.iiii.  i'<|iii|i,  fiiriiisii,  lit  out,  or  iiriii,  or  iittciii|>t  or  cinli-iivoi'  t |iiip,  fiiriiisli.  lit  out,  or 

,|,iii,  or  jiroiiin'  to  In- ('((iiippcd.  fiiriiisln'il,  litfi'il  out,  or  anin'd,  oi'  shall  kno\viii!,r|y  Jiiil, 
,i4^ist,  or  III- coiKHM'iD'd  in  tli(M'i|iiippin}r,  furnishing;,  tilting  out,  or  arniinj;  of  any  ship 
iir  vi-MHi'l  with  intiMit  or  in  ordi'r  that  sindi  ship  or.vfssid  shall  l>i>  I'luploycil  in  tin-  scr- 
viccdf  any  Ibrnij^n  prini'i',  .st:iti%or  poii-ntatc,  or  of  any  f  )rt!iy;u  colony,  provinci-,  or  part 
III' any  provinci)  or  pi>opli%  or  of  any  person  or  pi-rsons  i-xcrcisin;;  or  assinnin;;  to  I'xi'i'i'isti 
liny  |M)\vi'rs  of  fj[ovrrninrnt  in  or  ovur  any  fori'ijjn  stati',  I'olony.jtrovinri',  or  part  of  any 
|,iiivinri'  orpropli',  asii  transiiort  or  store-ship,  or  with  in  tent  to  cruise  or  com  mi  t  hostili- 
liisajjiiiiist  any  prince,  state,  or  pn'ciilate,  or  a;;ainst  the  Hnltjeets  or  citizens  of  any 
iiriiicr.  state,  or  potentate,  or  against  the  persons  exercisin^j  or  assuming;  to  exercise 
tli(|Mi\V(  IS  of  government  in  any  colony,  provimc,  or  part  of  any  province  or  co  mtry, 
III  ai.'ainst  the  inhahitants  of  any  fmeiirn  colony,  province,  or  jtart  of  any  province  or 
iiiiiiitry,  with  whom  Mis  Majesty  shall  no'  then  he  at  war;  or  shall,  within  the  United 
Kiii^'iioiii  or  any  of  Mis  Majesty's  dominions,  or  in  any  settlement,  colony,  territory, 
island,  or  jdace  i)elon;iintf  or  snltjecl  to  His  Majesty,  issin-  or  delivei'  any  cmnniis- 
|:iii]  hion  for  any  ship  or  'vessel,  to  the  intent  that  sindi  ship  or  vessel  shall  he  em- 
ployed as  aforesaid;  every  sindi  person  mo  olfeinlin<r  shall  lie  deemed  ;;nilty  of 
:i  iiiisili'iiieanor,  ami  Hhali,  upon  conviction  thereof,  ii|ion  any  infornnition  or  indict- 
iiiiMil.  lie  imnished  hy  tiiu)  ami  ii|iprisiinnii;iit,  or  either  of  thivm,  at  the  discretion  of 
till' riiint  in  which  such  olfendcr  Hhall  he  i;onvicted  ;  and  every  such  ship  or  vessel, 
with  the  tackle,  apparel,  and  furniture,  to^^ether  with  all  the  materials,  arms,  aminii- 
Hiiiiin,  and  stores  which  nniy  helonjjr  t'»  "'  he  on  hoard  of  any  sudi  ship  or  vessel,  shall 
111' liirl'i'iti'd  ;  and  it  shall  lie  lawful  for  any  ollicerof  llis  Majesty's  customs  or  excise,  or 
;iiiy  (illii'i)r  of  His  Majesty'n  navy,  who  is  hy  law  emi>iiwcr<;(l  to  make  seizures  for  any 
tnili'ituii'  incurred  under  any  of  the  laws  of  cnstoniH  or  excise  or  the  laws  of  trade  and 
iiaviiration,  to  ncIzd  such  Hliips  and  vessels  as  aforesaid,  and  in  nnvh  places  and  in  such 
iiiaiiiii'r  in  which  tho  olHcers  of  His  Majesty's  customs  or  excise  and  the  oHlcers  of  His 
Majesty's  navy  are  empowered  respectively  to  make  seizures  under  the  laws  of  customs 
mill  I'vcise  or  iiiidor  the  laws  of  trado  and  navi;;ation  ;  and  that  every  smli  ship  and 
vi'sii'l,  with  the  tackle,  a|>parel,and  furniture,  toj^cther  with  all  the  'naterials,  arms, 
itiiiininiition,  and  stores  which  may  l)elon<;  to  or  lie  on  hoard  of  such  shiii  or  vessel, 
may  lit'  priisecutiid  and  condemned  in  the  like  manner  and  in  such  courts  as  ships  or 
vl^s('l,s  may  he  pro.secuted  and  condennu-d  for  any  hreai'li  of  the  laws  made  for  the  pro- 
tiitiiin  (if  the  rovennes  of  customs  and  excise,  or  of  the  laws  of  trade  and  navi;;ation. 

Tilt'  ti'iith  aiul  eleventh  .sections  of  the  American  act  (which  areconi- 
iiioiily  ivfeiretl  to  as  the  "bondinjf  chmses")  were  not  introdiicetl  into  tlie 
British  act;  but,  inasmuch  as  neither  of  tliese  chuises  couhl  have  been 
ii|)|ili('(l  witii  ett'ect  to  any  of  the  vessels  which  sailed  from  IJritish  ports 
diiriii};'  the  war,  and  the  acts  of  which  have  given  rise  to  the  clai'ns  now 
ill  (iiication,  they  may  be  dismissed  from  consiileratiou  in  comparing 
tlic  two  acts  for  the  purposes  of  this  discussion. 

Diiriiii;  the  forty-two  years  which  elapsed  between  the  passing  of  the 
lift  of  1819  and  the  year  1<S()2,  only  one  case  founded  on  an  alleged  vio- 
liitioii  of  that  act  appears  to  have  been  brought  to  triiil  before  a  court. 
This  was  a  criminal  prosecution  on  a  charge  of  having  fitted  out  in  Eng- 
laiid  ill  tlie  year  1841),  during  the  civil  war  in  the  king«h)m  of  tiie  Two 
Sii'ilit!s,  a  ship  intended  for  the  naval  service  of  persons  in  arms  against 
tiie  government  of  that  kingdom. 

It  resiUts  from  the  foregoing  stiitements  that  the  law  of  Great  Britain, 
ii"*it  existed  at  the  time  of  the  civil  war  in  the  United  States,  was  such 
iis  in  the  exercise  of  due  foresight  might  reasonably  be  deemed  ade- 
'luate  for  enabling  the  British  government  to  perform  its  obligations  as 
a  neutral  government.  It  was  modeled  upon  the  law  of  the  United 
States,  which  had  long  existed  and  had  frequently  been  brought  under 
eoiLsideration  in  the  courts  of  that  country ;  it  equaled  that  law,  and 
fven  surpassed  it  in  stringency ;  and  offenses  against  it  (if  any  there 
"ere)  bad  been  so  rare  as  to  have  left  hardly  any  trace  iu  the  judicial 
H'cords  of  Great  Britain. 


246 


TREATY   OF    WASHINGTON. 


I 


t«! 


Tlie  fuiK'tionariea  to  whom  the  power  of  seizuift-  vessels  for  (jontraven. 
tions  of  tlio  foreign  enlistment  act  was  committed  by  law,  wc  re  the  otticers 
of  the  enstoms  stationed  at  the  several  ports  of  the  United  Kiiij^^dom. 
These  oflicers  are  nnder  the  dir(?ction  of  the  commissioners  of  ciistoins 
resident  in  London,  who  are  themselves  under  the  general  sapcriiitcnd 
euce  and  control  of  the  lords  commissioners  of  the  treasury  or  tiriaiicc 
department  of  Jler  Majesty's  government. 

The  po'lce  or  peaceotlicers  charged  with  the  prevention  iind  (U'Wc. 
tion  of  crimes  and  offenses  in  general  wiliiin  the  United  Kingdom,  are 
under  the  control  of  the  local  authorities  in  the  several  counties  and 
horonghs  under  the  general  supervision  of  the  secretary  of  state  for  the 
hoiu'.!  de))artment. 

The  ollicial  advisers  of  the  government  on  (piestions  of  law  arc  t'-e 
attorney-general,  the  solicitor-general,  and  the  (^u<^en's  advocate.  L 
these  fuiM'tionaries  (vhom  it  is  usual  to  desigimte  collectively  as  tlie 
"  law-oilicei-.s  of  the  Crown'')  the  government  refers  for  advice  on  sucii 
questions  of  law  as  may  arise  in  '  he  administration  of  public  affairs,  ami 
it  guides  itself  by  theii-  advice  in  dealing  with  such  questions. 

To  the  foregoing  st.ifj-nu'ut  respecting  the  law  of  Great  l>ritain  so  far 
as  it  specifically  relates  to  the  matters  now  in  ijUestion,  it  is  proper  to 
add  that,  according  to  the  general  principles  of  the  constitutional  law 
of  the  kingdom— - 

1.  The  Executive  cannot  deprive  any  person,  even  temporarily,  of  the 
possession  or  enjoyment  of  ]»roperty,  nor  subject  him  to  bodily  restraint, 
unless  by  virtue  and  in  exercise  of  a  power  created  and  conferred  on  tin 
Executive  by  law. 

2.  No  i)erson  can  be  visited  with  a  forfeiture  of  property,  nor  sni) 
jected  to  Juiy  j)enalty,  unless  for  breach  of  a  law,  nor  unless  such  breach 
can  be  i)roved  to  the  satisfaction  of  a  (^omjjeteut  legjd  tribunal.  l)y  testi- 
mony given  on  oath  in  open  coui  t,  sul)ject  to  the  rules  of  procedure  es 
tablished  here  for  the  due  idmirnstration  of  justice.  Every  witness  is 
liable  to  be  cross-examined  by  the  accused  party  or  his  advocate. 

ii.  No  person  can  be  compelleu  to  answer  a  question  put  to  him  in  it 
court  of  law  if  the  question  is  such  that,  by  answering  it,  he  would  in 
(rur  the  risk  of  a  penalty  or  of  a  proset'utiou  before  a  criminal  tribunal. 

Statements  on  hearsay  are  not  admissible  as  eviden(;e. 
[.'{1]  *Tliese  general  prin(;iples  ap|)Iy  e«iually,  whether  the  object 

sought  to  be  attained  be  the  i>revention  or  puui^  nient  oi  an 
injury  to  the  state,  or  to  any  citizen  of  the  state,  or  to  any  otlier  person 
or  persons  whomsoever. 

It  may  be  further  observed  that,  during  the  whole  period  to  whidi 
t.lie  (piestions  submitted  to  the  arbitrators  relate,  every  case  of  allejicil 
infringement  of  the  British  foreign  enlistment  act  brought  to  *iial  v.itliin 
the  United  Kingdom  was  reqiured  to  be  proved  to  the  satisfatitiou  of  a 

EFFECT   OF   THE   BLOCKjM)B. 

After  these  observations  tin  the  nature,  extent,  and  limitations  of  tin' 
powers  of  i>reveution  which  by  the  laws  and  constitution  of  Great  Brii 
aru  were  vested  in  Jler  Majesty's  government,  it  will  be  convenient  to 
state  the  circumstances  in  the  midst  of  whiclithe  g<*''ernment  wascallfii 
upon  to  exercise  those  ])owers  during  the  war. 

It  has  been  mentioned  above  that  one  of  the  flist  acts  of  the  (Govern 
nient  of  the  United  States,  alter  the  outbreak  of  the  war,  was  to  i^et  o" 
foot  a  general  blockad«»  of  the  ports,  Imrbors,  and  sea-coasts  of  the  Con 
federate  States.    These  States  being  hemmed  in  to  the  landwsu'l "" 


CASH    OF   GRKAT    ISRITAIX. 


247 


(vpry  si(U\  oxcept  o:?  the  remote  soiitherti  frontier  of  Texas,  by  States 
\vlii(li  rciiiaiiied  faithfiii  to  tlie  (Iiiioii,  it  w.;s  (l<*si{4iuMl  by  this  blockade 
10  (lit  tlicm  off  <Mitirely  frorr.  :vll  trattie  and  intercourse  witli  neutral 
loiintiics.  especially  those  from  which  the  peojjle  cf  the  South  had  been 
Kriistonsed  to  draw  their  supplies  of  nianufactured  <;oods,  and  t'»  which 
ihcy  liJifl  been  wont  to  exjxu't  vast  quantities  of  raw  ])roduce.  It  was 
not  only  a  commercial  blockade  on  ai)rodi}4ious  sc;^le;  it  was  much  more; 
it  wiis  a  blockade  wliich,  so  far  as  it  was  successful,  shut  up  and  isolated 
;i  population  of  nnmy  millions,  inhal)itiny  a  vast  territory  and  accus- 
ronicd  to  export  and  import  lai-jjely,  from  all  external  commerce  what- 
>i(i'V('r.  .Vt  the  same  time  th.;  l)locka<le  itselt  was  for  a  lonj;-  time  very 
iiiipcifoctly  maintained,  the  >avy  ofthe  United  States  bein^  quite  inad- 
iMjiiiitc  for  the  purpose,  and  neeclin}"'  to  be  sui)plemented  by  vessels  of  all 
kinds  Iiiistily  procured,  and  the  Heet  thus  composed  beinj?  distributed 
iloii"'  an  inunense  coast-line.     These  facts  are  notorioi:  >. 

It  is  evident  that  a  blockade  of  this  cljaracter  offered  extraordinary 
iiKJiiceiiients,  not  only  to  th«i  people  of  tlu'  Confederate  St.ttes  themselves, 
liiit  to  traders  in  Kurope,  to  use  every  etlbrt  in  order  to  elude  it  wher- 
I'vcr  an  opening*  could  be  discovered.  Accord in}i,iy,  in  the  year  lvS()2,  an 
iictive  tiaflic  bcjujan  to  be  carried  on  with  some  of  tlu^  blockaded  ports; 
;iik1  lor  the  purposes  of  this  tra.Hc  it  was  found  profitable  to  procure  or 
iOiisti'uct  vessels  of  a  peculiar  class,  specially  adapted  for  speed  and  I'or 
|irotection  against  the  fire  of  blo«'kadin,i>'  sipuidrons,  ami  differing  in 
viuious  ways,  externally  an<l  internally,  from  ship-s  em[)loyed  in  onlinary 
tiiule.  Rec^urse  was  had,  for  this  purpose,  to  the  ports  and  building- 
vanls  of  (Ireat  Britain,  which  are  accustomed  to  supply  shipping  to 
|mi(  hasers  of  all  countries,  and  are  the  ])rincipal  seat  of  this  kiiul  of 
iutliistry. 

Mer  .\[a;jesty'8  government,  though  aware  that  the  blockade  was  for 
I  fonsiderable  time   not  completely  effective,  and  though  frequently 
iirired  to  disregard  it,  both  by  the  Confederate  States  and  by  persons 
(Icsiroiis  of  trading  with  them,  refused  to  <lo  so,  and  recognized  it  from 
first  to  last.    British  subjects  who  attempted  to  trade  with  the  blockaded 
ports  were  warned  by  Her  Majesty's  proclamation  (issued  at  the  coiu- 
ineimoiiient  of  the  war)  that  they  would  incur  the  risk  of  the  ca|)ture 
and  eoiitiseation  of  their  property,  and  that  against  that  risk  their  gov- 
trnnieiit  would  not  protect  tliem.    On  the  other  hand,  the  government 
iK'itlier  did  nor  couhl — forcibly  or  l)y  process  of  law — prohibit  its  sub- 
jicts,  or  persons  within  its  dominions,  from  engaging  in  such  trade,  or 
lioiii  selling  or  constructing  or  purchasing  vessels  adapted  for  that  pur- 
I>ose,    Such  a  course,  indeed,  would  have  been  not  only  a  dei)arture 
tioiii  the  ordimvry  practice  and  usatie  of  neutral  nations,  but  in  conflict 
with  tli().S(i  considerations  of  general  expe«liency  on  which  the  rules  of 
i'itcniational  law  are  founded.     The  right  of  blockade  is  a  belligerent 
'i;:li(.  and  the  enforcement  of  it  belongs  to  the  btlligerent,  and  not  to 
iii'utial  powers.    That  blockades,  to  be  binding,  must  be  nuide  effective 
liy  tlie  l)lo(!kading  power,  is  a  settle<l  and  salutary  rule ;  and  this  is 
indeed  the  sole  protection  of  m3ntrals  against  an  undue  and  extravagant 
••Meiision  of  the  right  of  blockade.     It  follows,  of  necessity,  that  to  the 
t ;\<  rtioiis  of  the  blockading  power,  and  to  those  alone,  the-  task  of  mak- 
ing them  eilective  must  be  left. 

REPRESENTATIONS  OF  MR.   ADAMS. 


At  all  the  principal  seaports  of  Great  Britain  the  United   States. 
'iiidntaiued  consuls  or  consular  ofUcers.     It  was  the  duty  of  these 


te  I 


:'■■  i 


m 


248 


TREATY    OF   WASHINGTON. 


[32]  officials,  in  their  respective  localities,  to  *kefii)  a  watchful  eye  on 
whatever  ini^ht  teml  to  ei)(laiij»or  the  security  or  interests  of  tbe 
Ui)ite(l  States;  to  use  the  utmost  <lili};en«!e  in  iiiformins  thesiisHvcs  (»t 
any  actual  or  conteniplatcil  violations  of  law  which  niiglit  prove  injuri- 
ous to  those  interests;  to  communicate  their  information  to  Mr.  Adams. 
the  minister  of  the  United  States  in  London,  ami  ro  act  on  such  instnie 
tions  as  they  might  receive  from  him  in  matters  within  the  riiii<j('  of 
their  functions.  And  it  was  the  duty  of  Mr.  Adams,  in  all  (;as<'s  wliidi. 
in  hisju<lgment,  denuunled  action  or  in(|uiry  on  the  part  of  the  novcm 
ment  of  (ireat  Britain,  to  lay  before  that  yoverntnent  facets  suttieieiit  to 
call  for  an<l. justify  smdi  action  or  in«piiry.  In  the  course  ol"  the  years 
1801,  l.S(J2, 1.S(J.'5, 1S(»4,  an»l  1.S(m,  many  representations  were  addressed  liy 
Mr.  7\.dams  to  Her  Majesty's  ^-overnujent  respecting  vessels  winch  lie  lie 
lieved  to  be  either  actually  employed  in  carrying  on  trade  witli  blockaded 
ports  in  articdes  <ont.raband  of  war  or  other  tilings,  or  to  be  picpariii;^ 
tor  su<di  emph»yment ;  and  also  with  res|)ect  to  other  vessels,  wliicli  In 
believed  to  be  intended  to  be  used  as  privateers  or  commissioned  ships 
of  the  Conft  derate  States  in  cruising  and  carrying  on  war  against  tlu' 
United  States.  To  complaints  oi"  traHic  carried  on  with  blockaded  ixuts. 
or  in  articles  contraband  of  war,  it  was  answered,  on  the  ]»art  ot  Her 
Majesty's  government,  that  these  were  enterjuises  which  Jler  Miijestv's 
government  could  not  undertake  to  prevent,  and  the  repression  ol  wliieii 
belonged  to  tin*  Unite«l  States  as  a  belligerent  ])ower.  Allegations,  on 
the  otiier  hand,  that  vessels  were  being  prei)ared  for  cruising  or  cam 
ing  on  war  were  innuediately  referred  to  the  ]>ro])er  officers  of  tlie  {jov 
ernment  at  the  several  localities  for  careful  investigation  and  iii(|iiiry. 
If,  on  such  investigation,  it  a|)j>eared  by  sufficient  j[;>twjrt  facie  evideiur 
tliat  any  illegal  act  was  l»eing  or  had  been  committed,  the  vessels  were 
forthwith  seized,  and  proceedings  instituted  according  to  law;  if  not,  tiie 
result  was  at  once  communicated  to  Mr.  Adams,  aiul  <lirectioiis  were 
given  to  the  local  auth(uities  to  watch  closely  the  vessels  as  to  wliiili 
his  suspicions  had  been  arou.sed. 


THE  BEimrDA. 

The  lirst  of  the.se  <'ases  was  that  of  the  steamshij)  IJermuda.  On  tlie 
loth  August,  1801,  Karl  liussell  received  from  Mr.  Adams  the  fcdluxiin^ 
note : ' 

Mr.    Idumii  to  Karl  Uxumll. 

I.KtiA HON  MI-   rUK  llNriKO  Sr.VTKS, 

London,  Aufiiist  Vk  I'^'il. 

My  Loud:  From  infornintion  fiiriiisliod  from  somccs  wliich  apijcar  to  me  fiititlcil  ti. 
cr«Mlit,  I  feci  it  my  duty  to  a)>iiri«»!  Ht-r  Mnjcsly's  ;;ov(TniiHMit  tliat  a  violiition  of  tin 
iict  prohibiting  thii  littiii;;  out  of  vt-sst-ls  tor  wai  liiv«'  |mrpoHt's  is  on  tin*  jjoiiil  of  Ixii'- 
conimittttd  in  oiioof  tlio  pi>rts  of  (Jrcat  Hriiaiii.  wlu-rclvy  an  ariiuMl  steamor  is  Iti'lirvei! 
to  ltt<  al)oiit  to  bo  (liHpatclu'd  with  tlie  vii-w  of  malting!;  war  against  tho  pi-oplc  of  lln' 
Unite*!  States. 

It  is  stated  to  uu'  that  a  now  screw-steamer,  ealh'd  tho  Hernnida,  osteiisilily  owiieil 
by  th»!  commereial  house  of  Fraser.  Trenliohn  A  Co.,  of  Liverj>ool,  well  known  to  «"»• 
Bist  in  part  of  Americans  in  sympathy  with  the  insnrjfents  in  the  I'nited  States,  is  now 
lying  at  West  Unrth'ixtol,  ready  for  sea.  She  is  stated  to  carry  English  colors,  I'lit  tn 
be  commanded  by  a  Frenchman.  She  is  two-masted,  brip-rigged,  lower  part  of  fiiiiml 
blnck  and  npper  ])art  red,  bla<k  hnll.  with  a  narniw  red  Htri|)e  round  the  nml'li"- 
level  with  the  deck,  no  poop,  wheel-honse  painted  white,  six  white  boats,  slmi;;  in  if"" 
dftvits.  Sln' has  neither  ligiire-hcad  nor  bowsprit.  Her  bottom  is  painted  pink  up  in 
the  water-line. 

This  stcami.T  la  armed  with  four  guns,  and  she  has  been  for  some  time  taking  m 


ii  ■  A 


■Appendix,  vol.  ii,  p.  133. 


CASE    OF   GREAT   BRITAIN. 


249 


(ratt'8.  cast'H,  and  barrels  believed  to  contaiu  arms  and  aniniiinition  of  all  kiudn  ordi- 
iiarilv  used  in  carryinj:  on  war. 

This  oarfto  is  nominally  ontcred  as  destined  to  Havana,  in  tlio  island  ofCnlia,  but  her 
urmanuiit  and  carj^o  arc  ot'sneh  a  natnre  as  to  render  it  n\orally  certain  tliat  tlie  nn'r- 
ibaiits  wlio  claim  to  be  the  owners  can  have  no  intention  of  dispatcbinfj  lier  on  any 
.rnuKl  i>f  iiiiTcy  or  of  jieacc^ 

I  am  inlormcd  that  this  vessel  will  sail  in  a  day  or  two.  I  therefore  feel  under  the 
iii'lii'ist  (ililij;ation  to  submit  the  information  I  have  obtained  as  the  jironnd  for  an  ai)i>li- 
,;i?ii)n  fi>r  a  promiit  and  effcctivt!  invi'stij^ation  of  the  trutii  of  tlie  alli'iiations  wliile 
;liiif  is  tiiiuN  Not  donbtiiiji;  the  earnest  disposition  of  Iler  JIa.jesty's  <;overnment  faith- 
Inlly  toiidlicrc  to  the  pvinciplis  of  ncuitrality  to  which  it  has  ])h'dji<'d  itself,  1  ask,  on 
ilii'  Hint-  of  tlie  United  States,  for  no  more  than  a  simj)}!^  enforcement  of  the  law,  in  ease 
it. shall  iiii])car  that  evil-minded  persons  are  seekinj^  to  set  it  at  nangliL 

(8i<;'iicd)    "'  CHAKLES  FKAN'CIS  ADAMS. 

Oil  the  siiino  15th  Auftust  Earl  Russell  informed  INFr.  A«lanis  (as  the 
lact  was)  that  he  had  lost  no  time  in  comnmnieatiiiji'  on  the  suhject 
witli  the  i»roi»er  department  of  the  government.  Inquiries  were  imme- 
diately directed  to  be  made  on  the  spot,  and  it  was  tound,  as  the  result 

of  such  inquiries,  that  there  was  no  reason  to  believe  that  the 
33J     vessel  *  was  intended' for  warlike  use.    Earl  liussell,  on  the  22d 

Aujjust,  18G1,  wrote  to  iM^'.  Adams  as  follows : 

JUarl  Ilusucll  to  Mr,  Jdama.^ 

Ft)Ki:i(;N  Oi-FICE,  Auyunt  22,  18C1. 

Sii! :  I  acquainted  you  in  my  letter  of  the  l.'ith  instant  that  I  had  lost  notinu;  in  eoni- 
miini(atiii<.C  with  the  jiroper  department  of  Iler  Majesty's  {government  respectiufj  the 
^tiaui-vcsscl  fittinjj;  out  at  I{artl«'i)ool,  wliich  you  believed  was  about  to  be  disjiatched 
with  11  view  of  niakinfi;  war  aji[aiust  the  j)eople  of  the  United  Stat<'s. 

1  have  now  the  honor  to  state  to  yon  that  the  result  t)f  the  incpiiries  into  this  ease 
hiivini^  liccn  submitted  to  the  pro]»er  law-otHcer  of  Uw  Crown,  Htir  Majtvsty's  jfovorn- 
;iii  lit  have  beiMi  advised  that  tiieri!  is  not  sutlieient  evidence  to  warrant  any  interference 
with  tilt!  cU;arau<'e  or  the  sailinjf  of  the  vivssel. 

The  seventh  section  of  the  i'orei<rn-enlistment  act,  .'>9  Geo.  Ill,  cap.  ()!),  ai)i)lies  to  the 
ii|nilini('iit  of  a  vessel  for  the  purpose  of  bein^  employed  in  the  service  of  a  foreign 
-tall'  lis  a  triiiis])ort  or  cruiser,  but  has  no  reference  to  the  nuire  nature  of  tiie  cargo  on 
I'liard.  and  tiiere  is  at  present  no  proved  intention  that  the  vessel  itself  is  to  bo  oni- 
lildViil  for  a  warlike  jmrptise. 

Till-  pcisoiis  eiiffaj^ed  in  the  venture  must  take  the  conse(|uences  which,  accordiiifj  to 
iliclawdt  nations,  may  happen  to  ensue  during  transit,  owing  to  a  jiorti*)!!  of  the  cargo 
loaded  iiy  them  being  contraband  of  war. 
I  am,  iVe., 
(i^iKiicd)  RUSSELL, 

The  Bermuda  was  doubtless  intended  for  blockade-runniufj,  for  which 
imrpo.se  alone  she  was  em])loyed.  She  sailed  frouj  Liverpool  with  cargo 
lor  Savannah,  and  succeeded  in  entering  that  port  and  returning  thence 
to  Liverpool.  On  her  second  voyage  she  was  captured  by  a  United 
States  .ship,  and  was  coiulemned  as  prize. 

The  vessels  to  which  Mr.  Adams  next  called  the  attention  of  Her 
Majt'.sty's  government  were  tlie  Oreto.  or  Florida,  and  the  Alabama, 
orijiiiiiilly  known  as  "No.  liJH)."  The  facts  which  are  within  the  know!- 
'dgt' <»f  Her  Britannic  Majesty's  government,  relating  to  the  prepara- 
tion, «le|)iirture,  and  subseciuent  history  of  these  two  vessels,  are  fully 
stated  in  Parts  V  and  VI  of  this  case. 


THE  HECTOR. 


In  Noveud3er,  1802,  Mr.  Adams  made  inquiry  of  Earl  Russell  respect- 
111?  a  ves.sel  then  in  course  of  construction  at  (ila8go",v,  which  subse- 
quently became  Her  Majesty's  ship  Hector.    He  was  i?iformed  in  answer 

'  Ai>pendix,  vol.  ii,  p.  138. 


250 


TREATY    OF    WASHINGTON. 


(as  tlio  fact  Mas)  that  the  vessel  was  being  built  lor  Her  Majesty's  gov 
eruiiieiit.' 

THE   GEOBGIANA. 


The  next  ease  was  that  of  the  Georjiiana. 

On  the  1 7th  of  January,  1803,  Earl  Russell  received  from  ^Iv.  Adams 
the  subjoined  note  and  inclosure  : 

Mr.  Adamx  to  F.arJ  Russell. - 

Lkgatiox  <)K  thk  Unitki)  Statks, 

Loudon,  January  1(1,  Ixi;:;, 
MvIjOIM):  It  Iiiis  Ixcimic  my  puiiifiil  duty  to  call  your  lordshii/s  arttMitioii  tomn 
iiiori!  of  the  <'as(s  ill  wliicii  tlio  neutral  territory  of  Great  I?rit:iin  is  almseil  liy  cvil- 
(lisj)ose<l  |tersitiis  for  the  wor.st  of  jMirposes  in  tlie  present  war.  I  Inive  tin;  lidiior to 
transmit  a  copy  of  a  letter  aihh'e.Hsed  to  me  liy  the  eonsnl  of  the  United  States  at  Loii- 
don,  };iviny-  tiie  paitieiilars  based  npon  credihle  information  received  hy  him,  the  an- 
lliority  for  \vhi''ij  it  is  not  in  his  power  at  present  to  disclose.  As  the  vessel  is  kiiiiwn 
to  he  on  the  eve  of  de]iartnre  from  tiie  port  of  Liverpool,  I  fear  I  iiave  not  t'n-  tiiin' 
necessary  to  proi-nre  corrolti>rative  evidence  from  that  place.  I'nder  these  cimiui- 
stances  I  f<'el  myself  impelled  to  nniko  this  representation  without  further  delay.  1 
have  reason  to  lielieve  tliaf  tln^  vessel  in  question  is  intended  to  (tnrsue  a  similar  ciiiiisi 
with  that  formerly  calleil  Xo.  'i'.H»,  to  wit,  the  destruction  of  the  commerce  of  the  I'ni- 
ted  States.  I  therefore  solicit  the  interpositnin  of  Her  Majesty's  j^overnment.  at  Ica^t 
so  far  as  to  eiiahle  me  to  procure  further  evideiu'c  to  estal>lish  the  proof  of  tlu'  alli'j;;i- 
tions  here  made,  in  season  lor  the  prevention  of  this  nefarious  enterprise. 

I'ravinK,  «Vc.. 

(Siyned)  CHAKLES  FRANCIS  AlJ.UIS. 


:i-ll 


♦flnclosiirc.) 
Mr.  Mornc  to  Mr.  Adaim. 


C0X.SIL.\TK   OK  TIIK    UXITED   STATIvS, 

Loudon,  Januarij  l(i.  Hi).'?. 

SiK  :  I  have  information,  on  evidence  which  secures  my  beliei,  that  the  iron  screw 
steann-k  <ieoi';;iana,  (Japtain  Davidson,  now  in  Saiidon  j^ravinj;  dock,  Liverpool,  is  in- 
Ic^nded  ior  a  confederat*'  privateer,  and  is  iu»w  tittin^  for  the  business  of  privateciiii:. 
Slie  was  Itnilt  in  tiie  yanl  of  Mr.  I^anrit',  at  (Jhusjjow.  Mr.  Georj^e  Wifif^,  of  New  ni- 
leaiis,  contracted  to  have  iter  built.  She  is  now,  I  presume,  but  temi)orarily  (for  stm 
rity  until  she  <i('ts  olf)  rej^istered  in  the  name  of  \i»d  Mathieson,  secretary  of  the  tn:; 
federate  .\id  .Vssoiiation  at  (Jlasijow.  She  is  so  constructed  that  armor-plat  in;;  could 
be  put  on  to  her  at  any  time  after  leaving  the  port  where  sh»-  was  constructed. 

She  is  a  well-ltnilt,  last  vessel,  rij^jjed  for  fore-and-aft  sails,  and  is  over  4<K)  tons,  net 
uu>asnrem(>nt.  She  left  (ilasj^ow  for  liiverpool  on  the  lid  of  the  pn'sent  month,  .nulls 
now  lit  the  last-named  port,  i»reparin;i  for  sea.  She  has  port-holes  cut  for  four  ritlid 
cannon,  and  liolts,  Ac,  arranged  for  them,  since  she  left  Ghis<;ow  ;  and  also  a  jtortidii 
of  lie'.'  ariniu'-platin;;-  put  on.  autl  small-arms  enough  for  a  crew  of  i>rivateersiiieii.  Slir 
will  t'lke  some  forty  or  tlfty  men,  all  told,  from  Liveriiool,  and  nnike  ujt  a  full  cnnv 
after  li^avin^.  Amon<;;  those  now  eiijrajred  is  afjunner,  once  a  serfjeaut  in  the  royal  ar- 
tilh'ry.     She  is  adv(^rtised  for  Nassau,  and  will  pretentl  to  jjo  out  as  u  rejinla."  uaiit-i. 

I  r<'}j;ret  that  I  am  unable  to  sustain  the  above  statement  by  the  atlidavits  of  luy  in 
formants;  but  I  am  bound  in  Junior  not  to  use  their  names.  My  information  coiiniii- 
iufjf  this  steamer,  for  the  last  \\\v  or  six  weeks,  contirins  the  accuracy  of  the  stateiiuiil. 
and  I  have  full  coiilidence  in  its  truth. 

'I'he(ieoi<;iana  will  call  at  (^ueeu.stowu  for  coal. 
Ycmr  <»bedient  uervuut, 
(Signed)  F.  H.  MORSE,  Conml 

Immediately  on  receivin}>'  the  said  note  and  inclosure,  Earl  Russell 
sent  copies  of  them  to  the  proper  departments  of  the  e.vecutive  jfDVoru 
ment,  with  a  request  that  instant  inquiry  might  be  made;  and  on  tlif 
same  17th  January,  1803,  he  wrote  to  .Mr.  Adams  as  follows:^ 


'  Appendix,  vol.  ii,  p.  14;i. 


Ibid.,  p.  147. 


» Ibid.,  p.  148, 


CASE    OF   GREAT   BRITAIN. 


251 


Earl  limnell  to  Mr.  Adamx. 

FoiiKiGN   OrFiCK,  January  17,  18(5:}. 

Sir:  I  liavf  the  honor  to  acknowlwljjc  tlio  recoipt  tliiH  day  of  your  IctttT  of  the  l(!th 
iiul.uit.  iiKlosin^  a  letter  from  tlie  riiitcd  States  consul  in  Lontlou.  ijiviiiji  tin-  partieu- 
!:ir>  liit-"'<l  upou  ere<lible  information  ivii-ivodby  him,  the  authority  for  wiiicli  it  is  not 
•11  ills  povver  at  present  to  tlisdose,  respectinj;  an  irons(;rew-steamer,  named  the  tieorjji- 
i:i;i.  t'ai'taiu  Davidsim.  now  lyiii;^  in  tlie  Sandou  f^vavinjr-doek.  at  Liverpool,  wliich  he 
!nlit'\f.'>  tiv  he  intended  for  a  confiMlerato  privateer,  and  to  be  now  tittin;;  out  for  tlie 
l)iisiiiis.s  of  privateeriuft. 

I  iiavt'  ciMumunicatetl  copies  of  your  lotttsr  and  of  its  iuelosure  to  the  hoard  of  treas- 
niy.  anil  to  the  secretary  of  state  for  the  llom(^  department,  witliout  delay  ;  and  I  have 
i,c|iusted  that  oijUts  mi^ht  be  sent  by  telegraph  to  the  projjcr  authorities  at  Liverpool 
iiijitiniiii;  them  to  take  such  ste|>s  in  the  matter  as  may  le;^nlly  be  taken. 

I  tiiiiik  it  rijiht,  however,  to  observe  that   Her  Majesty's  j;overnment  cannot  be  au- 
swrnilile  for  any  ditHenlty  which  may  be  experienced  in  carryinj;  out  those  orders,  iu 
I ipiisf 4iHiue  of  the  evidence  on  which  the  statement  of  the  United  States  consul  is 
iiiatlf  iK'iii;;  withheld  from  them. 
1  have,  &.C.. 
(Sij;ued)  RUSSELL. 

A  t('l('s:raphic  dispatch,  directing-  an  immediate  investigation,  wa.s,  ou 
the  same  day,  sent  to  ^Ir.  Price  Edwards,  the  collector  of  customs  at 
I,i\"«'r|HM>l. 

Tin*  \  es.sol  and  her  papers  were  exam  ined  accordingly,  and  on  the 
iiillu\viii<«  day  (Sunday)  the  collector  reported  hy  telegraph  the  results 
01  such  examination  as  follows : ' 

(iiipr;;iaiui.  British,  -W!  tons  rej^ister;  hri<^  rij;" ;  carjjo,  merchaJidise,  provisions,  and 
'\m%-:  11"  ^uns  on  ileck :  no  littinj;  for  guns  on  boarcl ;  one  cwt.  jiowdi-r ;  iron  luil- 
warks;  no  iK>rt -holes  for  ^riins;  no  fittinfjs  for  jruns  on  board;  a  fast  vessel ;  forty, 
■  nw:  nut  titte<l  as  a  privateer;  better  adapted  for  rnnuing  the  blockaile  ;  cleared  out 
ii>r  Nas>au  :  now  in  the  Mersey,  and  is  intended  to  leave  to-day,  say  4  p.  in. 

SiMtAY,  Jmtiiartf  1^. 

Detailed  reports  of  the  examination  were  subsequently  made  by  the 
oilicers  employed  for  the  puri)ose,  and  were  as  follows  :^ 


Rt  port  of  the  surrvyor  of  vustoma,  Lircrpool,  to  the  coUnlor  of  ciintomn,  JAnrponl. 

SlNDAY,  ./fJHHfU.i/  1-,   l-tJ:!. 

Sil! :  Last  night,  about  10  o'clock,  I  receivi'd  the  telegram  sent  to  yon  relative  to  the 
iMiir;;iaiia.  but  being  too  late,  I  had  no  alternative  but  to  wait  till  this  iiioi  niiig  early, 
wlitii  I  weut  in  search  of  the  vessel,  and  found  that  she  had  hauled  into  the  river  on 

Saturday. 
[■'•'']       'I  gave  directions  to  the  acting  assistant  surveyor,  ^Ir.  Wel)b.  to  accompany 
lUf  to  her.  but.  its  we  were  going,  1   met  the  master  of  hei-,  (Davidson,)  who  in- 
iiiriiu'd  iiic  that  all  the  chip's  pajiers  were  ashore. 

I  then  accompanied  the  master,  while  Webb  went  to  the  vessel.  On  my  inspi!cting 
111- papers.  1  found  nothing  to  induce  the  suspicion  that  she  was  intended  lor  priva- 
irriiig.  she  had  a  great  many  bills  of  lading,  in  which  the  goods  (cargo)  were  coii- 
Mu'iiiil  to  jiartit's  at  Nassau. 

Among  other  thi'.igs.  there  were  a  great  many  ])ackages  of  drugs,  which  convinced 
nil' that  they  were  intended  to  run  through  the  blockad<'. 

1  aJMi  saw  the  ship's  articles,  iijion  which  the  names  of  all  the  crew  stood.  The 
:iiiiouiits  sit  against  their  respective  names,  forty  in  number,  were  not  higher  rates  of 
w;ij;ts  than  usual ;  and  his  charter-party  was  iu  the  usual  style,  and  destined  him  to 
N;issau.  Havana,  or  New  Orleans. 

'hi  the  return  of  th<  othcer  trom  the  shii>,  he  stated  that  she  had  no  port-holes,  no 
Willis,  and  no  tittings  for  guns  on  deck,  and  nothing  to  denote!  that  sin-  was  intendetl  for 
■I  privateer. 

I  nder  these  circumstances,  I  am  respectfully  of  opiuiou  that  she  is  in  no  way  subject 
III  detention. 

\ery  n'spoctf.illy,  &l  . 

(Signed)  C.  MORGAN,  S»«rm/or. 

The  t'oiXECTOP. 


■Appf  mlis,  vol.  ii,  p.  149. 


«Ibid.,  p.  151. 


|i|Mlv- ' 


m 


PI 

m 


m 


252  TREATY    OF    WASHINGTON. 

Declaration  of  the  avtimj  asHiHlaiit  mirveyor  of  ciistoiim,  Liverpool.^ 

I  havt)  boon  in  tho  servico  of  the  customs  noarly  twenty-sovon  yoars.  I  entered  tin 
8orvi('<?  as  a  tidt-waitiu'.  Ycstonlay  nioruiii.;  (Sunday)  tlui  survoyor,  Mr.  Mor^jun,  failed 
at  my  lioiiso  (for  it  was  my  tnru  otV  dnty)  about  l.'M),  and  asked  mo  if  I  knew  when. 
till'  Goi)ry;iana  was  lyin<t.  I  told  bim  she  had  j^oik^  into  tiio  river  on  Saturday,  and  wiis 
thiMi  lyinjj  in  tho  Morsoy,  ojiposito  the  watch-honso.  I  thon  acoompanicd  hiiti  towaril 
tin'  boardinjj;  station  at  tho  I'rinco'H  Dock  I'ior-hoad.  As  wo  wore  K<»'Ufi  down  we  nut 
tho  captain.  Davidson.  Ho  said  lio  was  j^oinjito  tho  shij).  Mr.  jNIorj^an  then  (Icsirfdiii,. 
to  K"  '"  'ho  siiii)  in  tho  rivor,  while  ho  turned  back  with  tho  captain  to  soo  his  iiipi  rs. 
I  went  on  board  the  (ioor<jjiaMa  at  about  :>.:>()  a.  m.  Sin-  was  altout  half  a  mile  nij'  tin- 
^roat  lanilin;^-sta<^o.  I  wiiut  on  board  and  had  tlie  hatchos  removed  in  ordi-r  to  cximu- 
ino  tho  (•ai';;o.  Siie  was  not  above  half  full.  She  appeared  to  havt^  a  <iuantity  of  tea 
and  Italo  jjoods  on  board;  also,  oil,  tallow, and  provisions,  whi<'h  I  saw.  There  wasiii) 
objection  made  to  my  {^oinj^  into  any  part  of  tins  vessel.  I  hav»!  si^en  tho  vessel  sev- 
eral times  lieforo,  both  while  she  lay  in  the  Sandon  docks  and  in  the  >:;ravin<j;-do(k.  She 
is  an  (M('in!iry  screw-steamer,  i.  e.,  not  built  stronijor  than  the  ordinary  inercliant- 
vessel.  She  is  brij^-ri<jj;ed,  and  not  fore  and  aft.  She  has  no  port-holes,  and  no  places 
tittod  for  mounting;  fjnns.  It  is  impossible  that  she  could  have  port-holes  witlmiitii 
total  elianH:e  ni  tho  bulwarks,  there  Immiij^ho  support  to  sustain  the  roiioil  of  tlm;;niis. 
There  wore  eifjhteen  or  nineteen  iron  plates  <n  board,  lyiii;^  on  tho  top  of  the  cai'iin: 
they  wert^  of  tin;  same  thickness  as  the  hull  of  tho  vessel — that  is,  the  ordinary  tliiik- 
ness  for  merchant-vessels. 

lam  satisfied,  from  tho  ecmstrnction,  <jeneral  littinjj;,  and  adaptations  of  tho  ship. 
that  sh»!  is  in  no  way  fitted  for  a  privateer.  I  s|»"oially  noticed  the  vessel  afti-r  sliecaiiie 
to  tho  port,  and  on  \wv  arrivac  made  several  in<piiries  about  hor,  and  so  satisfied  wiwl 
then,  and  still  am,  that  she  was  not  intended  for  warlike  ])iir[ioses,  that  1  did  not  coii- 
si<ler  mvsolf  ealh-d  upon  to  make  any  report  coucernin}^  her. 

(Si<;ued)  J.  WEBB, 

Sij^nod  and  dechired  before  me,  at  the  custom-house,  Liverpool,  this  19th  day  of  Jan- 
uary, IHt;:}. 

(Signed)  S.  PRICE  EDWARDS,  Colkdor. 

A  letter  was  also  sent  by  the  secretary  of  state  for  the  borne  depart 
iiieiit  to  the  mayor  of  Liverpool,  reiiiiestiuji"  that  inquiry  should  be  luaile 
by  the  police  respecting'  the  ves-sel.  Intjuiry  thus  made  conUrme<l  the 
reports  of  the  otticers  of  customs,  that  she  was  not  fitted  or  intended  for 
war.  She  was  a  vessel  constructed  with  a  view  to  speed,  for  the  purpose 
of  running;'  the  blockade,  slightly  and  hastily  built.  Two  port-Uoles  had 
been  pierced  in  her  on  each  side ;  these,  it  was  stated,  might  be  used  to 
enable  her  to  carry  guns  for  her  own  protection,  as  many  merchant- 
vessels  do,  but  were  intended  (as  the  ship-builder's  foreman,  wlio  siiptT 
intemled  the  piercjing  of  them  believed)  chietly  for  the  escai)e  of  water, 
of  which,  from  her  great  speed,  she  would  ship  hirge  quaulities  in  a 
heavy  sea.^ 

All  the  information  thus  obtained  was  transmitted  at  once  to  Mr. 
Adams. 

The  Georgiana  sailed  from  Liverpool  on  the  2lst  January,  1803,  with 
a  general  cargo  for  Nassau,  and  theiu;e  for  Charleston,  as  a  blockade 
runner.  In  attempting  to  enter  Charleston  harbor  she  was  chased  and 
fired  upon  by  the  blockading  vessels,  and  was  run  aground  and  wrecked. 


THE  PHANTOM. 

On  the  27th  March,  1863,  Earl  Kus.sell  received  from  Mr.  Adams  the 
subjoined  note  and  iuclosure.* 

Mr.  AdaniH  to  Earl  Ruaacll. 

Legation  of  thk  Unitkd  Statks,  London,  March  26, 1^63. 
My  Lord  :  I  have  tho  honor  to  transmit,  for  your  information,  the  copy  of  an  ex- 
tract of  a  letter  received  by  mo  from  Mr.  Dudley,  tho  consul  at  Liverpool,  giving 


1  Appendix,  vol,  ii,  p.  152. 
3Ibid.,  p.  160. 


«Ibia,  pp.  1.54,  155,  l.-iG. 
*Ibid.,  p.  167. 


CASE    OF   GREAT    IJRITAIN. 


253 


I;).')]  HoniP  pnrfcicnlnrs  of  hostile  onHits  making  "at  that  ]tlace.  It  is  propor  to  aihl 
^  ill  I'oiiection  of  u  stattsinent  thoieiii  t()iitiiiiit'«l,  that  Mr.  Dmlh'.v  has  to-day  iii- 
tnrnied  nit!  tliat  the  Soiithoriior  lias  not  yet  n-ached  Liverpool.  Thon;  is  litth;  douht, 
however,  of  its  ultimate  deMtiiiatioii. 

I  itriiy,  &c., 

(Signed)  CHARLES  FRANCIS  ADAMS. 

[IiicloHuro.] 
.)/>•.  Diitlivy  to  Mr.  .tilams. 

Unitkh  Statks  C()NSi;latk,  Liverpool,  March  24,  lHt>:t. 

Sir:  On  Saturday  last  Mr.  William  C.  Millor  &,  Sou  launched  from  thuir  y.ird,  in 
LiveriiDoi,  an  iron  scrow-stcamcr,  (talitsd  tin-  riiautoni,  built  for  Fra.scr,  Tronlmlui  & 
Co,  Tliis  vessel  is  larfje  and  (o  have  j;reat  speed.  The  contraet  is  not  less  than  seveu- 
tirii  nautical  niiltts  per  hour.  Her  en,<^iues  aio  beinsj;  made  l»y  Fawcett,  Preston  «V  Co. 
•She  has  three  i)()rt-lioles  on  each  sidt;.  Captain  Jiullock,  Captain  Tessier,  Mr.  I'lioleau, 
the  Itailing  niemhers  of  the  firm  of  Eraser,  Treuholni  A  Co.,  Mr.  Thomas,  of  the  firm 
(if  Fiiwce*'.  Preston  &  Co.,  and  others,  werc!  present  at  the  lauiieh.  She  is  iutendtsd 
lor  tbe  .South,  either  as  a  privateer  or  hloekade-runmr ;  there  is  no  douht  about  this,  I 
ihiiilii  She  will  turn  up  a  itrivateer.  Her  draught  of  water  will  be  light,  and  with 
her  powerful  engines  her  speed  will  be  very  fast.  When  alloat  sin;  will  lie  a  moat 
iliiiiHi'io'"*  eraftto  our  commeree,  if  armed  with  two  or  three  guns. 

I  Lave  on  several  occasions  referred  to  the  steamer  Imilt  at  Stockton  for  Eraser, 
Treuholni  &■  Co.,  called  the  Southerner.  This  vessel  came  here  yesterday  either  to  coal 
orelse  to  fit  out  as  a  privateer.  Thens  is  no  doubt  about  this  vessel.  I  suppose  it  will  l»e 
imiiossible  for  inc  to  obtain  legal  evidence  against  these  two  vessels,  and  nothing  short 
(ifthi.s  will  satisfy  this  government. 
I  am,  iVc, 
(Signed)  THOMAS  H.  DUDLEY. 

Tlie  receipt  of  this  note  was  immediately  acknowledged  by  l*^aii  Uiis- 
sdl,  and  Mr.  Adams  was  informed  that  tlie  proper  dei)artmeiitM  of  Her 
Miijesty's  government  would  be  requested  to  make  immediate  inquiries 
on  the  subject. 

On  the  same  27th  March,  18<>3,  Earl  Kussell  sent  copies  of  the  said 
note  and  indosure  to  the  proper  departments,  witli  a  re(pi('st  tliat  iu- 
stant  impiiry  should  be  made,  and  on  the  following  day  he  wrote  to  .Mr. 
AilaiiLS  as  follows :  ^ 

Earl  IluHsell  to  Mr.  Adams. 

FoKKUiN  Oi'riCK,  Miirrli2>^,  Mi'i. 

Sir:  With  reference  to  my  letter  of  yesterday's  date,  I  have  tln^  honor  to  inform  you 
lliat  I  liiive  received  from  the  home  olliee  a  (Mijiy  of  a  letter  which  has  been  addressed 
III  till'  mayor  of  Liverpool  respecting  the  two  vessels.  Phantom  ami  SouthtMMier.  staled 
liy  the  I  Jiited  States  consul  at  that  port  to  Im;  fitting  ont  for  the  servitc  of  the  s  (-styh^d 
Coiilfilerate  States. 

In  that  letter  the  mayor  of  Liverjiool  is  instructed  to  make  inunediate  impiiries  as 
III  tlH'se  vessels,  or  whichever  of  them  is  now  at  Liverpool,  and  to  ascertain  whether 
tliere  is  any  reason  to  believe  that  they  or  eitherof  them  are  or  is  lieing  etpiipiied,  iiir- 
iiislied,  litted  out,  or  armed  with  the  intent  to  commit  hostilities  against  the  I'nited 
States  (;()veriiinent ;  and,  if  so,  to  report  whether  any  evidence  on  oath  can  be  ]iro- 
iiu'cil  in  order  to  proceedings  being  taken  under  the  foreign-eulist'ment  lu-i. 

I  liave  accordingly  the  honor  to  suggest  that,  as   the  I'niti'd  States  consul  ar,  Liver- 
iHiiil  has  slated  in   his  lettia*  to  you  tliat   there  is  no  doubt  with  respect  to  the  vessid 
iiaiiieil  the  Southerner,  you  should  instruct  that  olHeer  to  furnish  the  mayor  of  Liver- 
I'ool  with  the  information  on  which  his  belief  is  founded. 
I  liave,  SiC, 
(Signed)  RUSSELL. 

The  oHirers  of  customs  at  Liverpool  made  prompt  and  careful  inquiry 
into  tile  matters  alleged  by  Mr.  A<hims,  and  inquiry  was  also  made 
under  the  direction  of  the  mayor  of  Liverpool,  and  the  result  of  sucli 
iiKluiries  was,  on  the  3d  April,  1803,  communicated  by  Earl  Kussell  to 
Mr.  Adams  in  the  following  note  :^ 


'  Appendix,  vol.  ii,  p.  106. 


«Ibid.,  p.  170. 


wr 


254 


TKKATY    OF    WASHINOTON. 


Karl  liuHHcU  to  Mr.  .IdomM. 


It  fippcars  from  the  lirHt  of  tlicst^  reports  that  the  I'liiuitom  was  Itiiill  at  tlic  viiid  ni 
Mr.  W.  ('.  Miller,  ami  is  now  in  the  Clarence  ;^ravin^-(loek.  Her  leny;tli  is  IDlMi'it; 
her  breadth,  ii'i  fet^t ;  her  lU'iiHi,  I'i  ftiet ;  her  j^ross  toniiajfc,  :V^1 ;  ami  iier  iHoliaM. 
rt'irister  tonnaire.  ItiO. 


...   ....    .1..     l...,f.^K,'^    ...   ..........^   .....   . 

The  Southerner  has  not  yet  arrived  at  Liverpool. 
A  strict  watch  will  be  kept  as  regards  both  vessels. 

I  have,  &c., 

(Sif,Mied) 


RUSSELL. 


On  the  7th  of  April,  18G3,  Earl  Itussell  received  from  Mr.  Adams  tlit 
1 


following  note 


Mr.  Adamn  to  Earl  IliisxrU. 


LVMWXOS  or  TIIK   Umtkd  Statks, 

London,  April  (!,  1"^(1.'. 

My  Loud:  1  have  the  honor  to  aeknowled<re  thci  reception  of  notes  iVniii  vim; 
lordship,  dated  the  y7lh  and  lilst  of  March,  and  two  on  th(!  :<d  of  April,  in  iv|  ly  !■ 
certain  rejin'sentations  of  mini'  concerninj^  vessels  believed  to  Vic  in  prc])iiriitmii  i; 
liivcrpool  for  tht?  carryinjj;  on  of  hostilities  iit  sea  a<^ainst  the  coinmerce  of  tlif  liiiicii 
States.  It  i.s  a  8oiirce  of  fjroat  satisfaction  to  ine  to  recofjnize  the  readiness  whiili  Hi. 
Majesty's  government  has  thus  manifested  to  makt;  the  invt^stij^ations  ilesired.  as  well 
as  to  veceivo  tho  iussurances  of  its  tleterniinatioii  to  maintain  a  close  observatimi  ni 
fntiirc  uiovementH  of  an  unusual  character,  that  Justify  suspicions  of  any  evil  iiitiiit. 

I  prav.  A:e., 

(Signed)  CHAKLKS  FKANCIS  ADAMS. 

Mr.  Adams  siih.setiiiently  (vi/,  on  the  KJth,  l!>th,  sind  -*.'>d  Miiy.  18(1!, 
sent  to  Earl  Uiissell  copies  of  several  sworn  disi»ositions  made  by  a  df 
tective  police  officer  at  Liverpool  who  had  been  employed  to  watch  tln' 
.ship-buildin<>;  yards,  and  by  other  i>er.sons.  The.se  depositions  tendotl  rn 
show  that  the  bnildinji"  and  fitting;  of  the  Phantom  was  superiiitc'iidiil 
by  persons  in  the  employ  of  Messrs.  Kawcett,  Preston  <&  Co.,  a  Iniii  "t 
iron-founders  atid  enj^ineers  carrying-  on  a  very  extensive  business  at 
Liveri)ool,  (a  member  of  which  lirm  was  the  registered  owner  ot  tlif 
vessel.)  It  also  iippciired  from  the  depositions  thtit  a  Captain  Biilloik 
(to  whom  reference  will  be  made  herejifter)  took  [)iirt  in  superinteiidin^' 
the  work;  and  it  was  further  sworn  by  two  of  the  deponents  (win" 
were  police-constables)  that  the  vessel  was  entirely  cased  in  stc' 
plates;  that  she  had  three  port-holes  on  each  side,  with  steel  plntf 


'Appendix,  vol.  ii,  p.  171. 


-Ibid.,  pp.  171, 173, 176. 


CASE    OF   GREAT    HKITAIN. 


•2f)5 


sliiittt'is;  that  she  had  very  little  room  for  carj^o ;  iuul  tlui:  she  appeared 
U)  tlit'in  to  be  built  for  war  i)urposes. 

IniiiK'diately  on  the  rect^ipt  of  these  depositions,  iurther  iiuniiries  were 
(lim'ti'd  by  llei-  Miijesty's  fjovermiieiit,  and  were  prose(Mit«'d  aeeonl 
iu'ly,  and  the  result  of  tluMn  was,  on  the  -'7th  May,  ISfJ.'i,  coiuniunicated 
bv'^Karl  Kussell  to  Mr.  Adams  in  the  lollowinj;'  note:' 

Jiarl  RuHHtll  to  Mr.  .tdamH. 


F()I!KIi;n  nriici;.  Man 'Si,  IrtdU. 

Sik:  I  liiiil  tlit>  lioiKtr,  in  my  note  of  the  l?<l  ultimo,  to  commiiniiiitc  to  von  (iic  icsiilt 
,)l' till'  iii(|nirit's  wliitili  liavc  Ih'cii  institntod  by  llcr  Mnjcsly's  ;;;ovfrniMcnt,  on  tin-  rc- 
,,i|it  (it  your  letter  of  the  'Jdth  ol'  Miueli,  in  which  yon  ileponnccd  the  I'haniom  stciuner 
:u*  liciiij;  in  conrse  ol'con^ilruetion  ill  Liverpool  asji  ves.sel  of  war  tor  the  service  of  the 
Ho-stylcd  Coiifedcrntc  States. 

Till' I'videiice  which  I  was  then  ahle  to  lay  liefon*  yon  seenn'd  to  show  that  yon  had 
liic'ii  misinformed  in  this  resjiect ;  hnt  as  the  deiio.silions  inclosed  in  yonr  letleis  of  the 
Itltli,  r.Mli,  and  'i.'M\  instant appeaiid  to  call  for  thither  in(|niry,  Her  Majesty's  <;ovein- 
iiii'iit  ilid  not  lose  a  monn-nt  in  eansin^  sneh  fnrthei'  iiuiniry  to  hi'  nnide,  and  I  now 
iMiHiTil  to  coinmnnicate  to  yon  the  resnU. 

|s|.  With  rejianl  to  the  allej^ation  that  the  I'hautinn  has  port-holes,  the  ci)llcctor  at 
l.ivrr|ionl  has  ohtained  from  the  snrveyor  a  n^tort,  from  which  it  a]i))ears  thai,  thoni^h 
;lii' I'liuntoni  has  ports  on  deck,  it  is  evident  trom  their  size  and  sitnation  that  they 
;in' iiitcndi'd  for  the  escapt;  of  water,  and  not  for  ;;nns,  which  ihestrenj;th  of  the  deck 
j.>  not  snilicicnt  to  carry:  nH)reover,  the  permant^it  fittin;>s  on  deck  wonld  interfere 
with  till'  working  of  j^unH.  Tln^  snrvcyor  a<ldH  that,  in  his  opiidon,  the  IMiantom  in 
iiitiiiilrd  till'  mercantile  i)nrsnits,  hnt  whether  of  a  lawfnl  character  or  for  rniininj;  the 
iiiiii'kiiilc  there  is  no  evidence  to  show. 

'.Mly.  The  comnussioneiH  of  cnstoms,  since  the  dat<!  of  my  last  letter,  have  caused  a 
^iiiit  \v;itch  to  he  kept  npon  the  Phantom,  hnt  nothinj;  has  transpired  worthy  of 
<|H'(ial  iKitici'.  and  the  several  papers  in  repird  to  this  vessel,  indndini;  the  ilepositions 
imvaiili'il  hy  yon,  havinji  l»een  submitted  to  the  Icfjal  adviser  of  thai  lioaril,  ho  has  re- 
iiorUil  that  there  is  \w  evidence  to  wanant  theslijrhtest  interference  with  her.  Indeed, 
it  is  stated  that  dnrinjj  a  recent  iuterview  between  that  otiicer  ami  Mr.  S(|narey, 
[:!;*]  the  solicitor  to  the  United  States  consnl  at  Liverpool,  Mr.  .Siinarey  adndttod  *lhat 
there  was  no  ca.se  a^aiiiMt  the  I'haiitom,  and  that  the  njcoil  of  a  heavy  ynn  wonld 


like  1 


ler  to  pujces. 


Ill 


live,  iVc. 


Mjin 


ed) 


KirSSELL. 


Ill  a  subsequent  uote  to  Mr.  Adams,  dated  30th  May,  1803,  referring 
to  tiie  same  subject,  Earl  Russell  wrote  as  follows  :^ 

The  surveyor  fnrther  observes  that  it  is  dirticnlt  for  any  one  at  all  familiar  with  the 
•  nn.itrmlioii  and  tittinj^s  of  vessels  intended  for  warlike  pnrposes  to  account  for  the 
<iiplK)sitiiiii  that  the  Phantom  is  destined  for  snch  a  service,  her  hull  bein<5  of  the  most 
Miiniie  ciiaracter  that  can  be  conceived  for  a  sea-jj;<>iiif.^  ves.sel,  her  steel-plates  beiiif;  hnt 
a  (|ii;nt»r  (  f  an  inch  thick,  and  lu;r  iron  frame  of  the  same  iiroporlion. 

The  Phantom  sailed  on  the  10th  Juue,  1863,  from  Liverpool  for  Xas- 
''aii,  and  is  believed  to  have  been  employed  as  a  blockade-runner.  Hhe 
was  never  used  for  war. 

THE   SOUTHEKNEK. 

On  the  3d  June,  1803,  Mr.  Adams  addressed  to  Earl  IJussell  the  fol- 
lowiiio  note  respecting  a  vessel  called  the  Southerner,  allejj^ed  to  bo 
tittiug out  at  Stockton-on-Tees:^ 

Mr.  Ailatm  to  Earl  IUihucU. 

Leoation  ok  thk  United  States, 

London,  June '.i,  l^'lilJ. 

Mv  Lord  ;  I  have  the  lionor  to  submit  to  yoiu'  consideration  copies  of  two  disposi- 
tions relating  to  a  vessel  w^hicli  hiw  been  fitting  out  at  Stockton-on-Tees,  for  some 

'  Appendix,  vol.  ii,  p.  177.  -  Ibid.,  p.  179.  "  Ibid.,  p.  187. 


256 


TREATY    OF    WASIIINOTON. 


tm 


|iiir|)oso  not  iisiiiil  in  tiimis  of  poiirc!.  TIuh  vhshuI  in  cnllotl  tho  Sniiflinriiiir,  imd  is  tlic 
.siiiiu-  (i>  w  liicli  I  I'iilltMl  yimr  loitlship's  atiiMitioii  in  my  inttn  nf  tlm  'Jiitli  of  Munli  Ihm 
I  (liiiiii  it  vMi  Ncai'i'itly  udiiiil  of  a  lioiibt  lliat  hIk-  i.i  inftMnloil  to  I'uiry  on  ihr  sam, 
piratical  gioili'  of  warfare  a^rainst  tlip  coiniiicrco  of  tli*^  lJiiitr<l  Slates  now  prariici'iii^ 
tli*>  No-callcd  Alalianni  ami  tlie  On-to.  'l'li*>  pciHon  MiiprrintendinK  In  r  i-(|nipnii'iit  ;i|iiirah 
to  ln!  tlu'  sanH-  wlio  was  uiinaily  active  in  the  case  of  No.  'J'.K).  1  Mieriifoie  feel  it  i>  niv 
(Inty  to  call  your  lor(l.slii[)'s  attention  to  the  ca.si^,  in  oril(;r  tiiat  the  propci' iiH'asiir(.i 
may  he  taken  in  Neas<Mi  to  prevunt  any  evil  fonMe([m!nceH  to  the  pea(;e  of  the  twn 
connti'ies  from  the  escajM^  of  Nncli  a  ves.st>l. 

1  have,  «.Vc., 

(Siniie.l)  CIIAULKS  FRANCIS  ADAMS. 

In  this  iiohMvcn'  iiiclosod  two  tl('|H)sitions,  sworn  by  jiorsons  who  had 
inspected  the  ve.s.sel.  These  depositions,  howi^ver,  fiiniished  no  evichiicc 
that  slie  was  in  any  way  lltted  or  intended  for  war.  It  ii|)peare(l  t!iat 
she  liad  two  small  ynns  mounted  on  her  <U^cks ;  but  these  wt'ic  iittci 
ward  (h'serilied  l»y  ^Fr.  J)iidh'y  himself  as  ''small  ^uns,  such  a.s  aic 
usually  I'oiind  in  passen;»er  vessels  of  her  siz«'." 

In  answer  to  Mr.  Adams's  note,  Earl  Itussell,  on  the  4th  Jiuie,  ISO.!, 
wrote  to  Mr.  Adams  as  follows:' 

JCarl  liiismll  lo  Mr.  AdamH. 

FoiM'.KiN  Ori'iCK,  Jnin-\,  |«i;;i, 
Sm{  :  Yoni'  letter  of  ye.sti'iday  res]»eetin);  the  Southerner  was  unfortunately  ncit  ili- 
liveretl  at  the  fon'ii^n  oHice  till  H.fjO  p.  m.,  som»)  tiino  aftor  tho  basi!ie.SH  of  the  ilay  wi* 
endetl  anil  the  ottice  closed. 

1  iiave,  at  the  earliest  possilile  lunir  this  morninff,  communic.ited  with  the  treasury 
and  hinne  de|)arlnn'nt,  and    I    have    re<|uested    tliat  orders  nniy  at  once  lie  sent  l>\ 
t(de>j;raiih  to  the  ]iroper  authorities,  to  jiay  iiumetliate  attention  to  tho  circllnl.•^talll■l■^ 
set  forth  in  your  letter. 
I  have.  iVe., 

(Si^nied)  i?r.<.^i;u. 

Orders  w<'re  forthwith  sent  aeeonlinjuly,  and  the  (jollectorsot  cifstnnis 
at  Stockton  and  Middlesborou<>li-on-Tee.s,  at  West  ITartlepooI,  ami  iiiv 
erpool,  respe(;tive!y,  were  instructed  by  telegraph  to  watch  the  vt'.sscl, 
to  report  any  suspicious  circumstance,  an<l,  should  there  be  any  h';.Ml 
proof  of  a  violiitiiui  of  the  forei^n-eidistment  act,  to  delay  iiei,  or.  ii 
necessiiry,  dutaiii  her  for  the  din-cttion  o\  the  board  of  custiuiis. 

The  collector  of  customs  at  xStocUton.on  the  same  tlay,  {4th.)iuie,  I.S6.V1 
reported  concerning  the  Southerner  its  follows  :- 

She  a])pears  to  me  to  be  calculated  for  neitlier  rnnniufj  nor  fightinjj,  but  is  ci  rtaink 
a  very  superior  nu'rehaiit'ship,  built,  I  slionld  .say.  t^vpressly  forcarryinij  bales  of  (Mittmi. 
The,  owners  appear  to  me  toliavc;  calculated,  when  they  contracted  about  twelve  iiuiiitb 

ajj;o  tor  building  Iter,  that  the  stock  of  cottcui  in  America  woidd  Ii!iV(^  Iuti 
[■.I'J]    frcnn  some  cause  or  other  releas<'d  ere  now      And,  as  '' freijihts  upon  tlic  artiili 

would  have  ruled  hiyh  for  fast  v«'ssels,  they  doubtless  (ixpeeteil  to  iiiip  final 
Itrotits.  For  the  present,  lio\vev«'r,  they  would  seem  to  have  iteen  disappiiiuleil.  Am: 
1  understand  that  a  sister  ship,  built  in  the  Tyne  for  the  same  parties,  has,  for  waiitoi 
more  prolitable  employment,  been  sent  to  Alexandria  (»n  .some  miserably  low  l'n'if,'iit. 

This  reptut  was  continued  by  tlie  collector  and  the  surveyor  of  cus 
toms  at  West  llartleimol  ami  the  {ictiiifjj  surveyor  of  customs  nt  Liver 
pool.  These  ollicers  reported  that  .she  appeared  to  be  intended  fortoin 
mercial  purposes;  that  her  ports  were  far  too  small  for  working;  ;;tiiis. 
and  were  desioiied  for  lettin<j  away  water;  and  that  the  two  "iiiis  on 
board  of  her  were  ordiiuiry  sif^nal  <^uns,  mounted  on  carriii^es  .siidi  a.* 
are  jfeiicially  used  by  merchant-vessels  of  her  class,  and  were,  as  so 
mounted,  meiely  tit  for  tiring  signals  with  blank  cartridge.' 

On  the  iL'th  .lune,  1803,  Earl  Russell  wrote  as  follows:* 


U 


'  Appendix,  vol.  ii,  p.  190. 
'Ibid.,  pp.  yOl  and  207. 


^Ibid.,  p.  VXi. 
■•Ibid.,  p.  a03. 


CASE   OF   GREAT    IIRITAIN. 


257 


IJurl  Jliissi'll  to  Mr.  Adams, 

Foiti'.KiN  Oi'iiri;,  Jiiiiv  12,  lHfi:{. 

Siii:  At  tliti  sann'  time  Hmt  I  ('Diiiiiinniciitcd  to  the  lords  of  the  tifiiHiiry  imil  to  the 
«in'tary  (ifHtatu  lor  tlie  liomo  (tt'pnrtiiH'iit,  iin  I  iiiforiiud  .vmi  in  my  It'ftcr  of  tin-  Itli  iii- 
,iuiit,  tiic  stattMiiriits  rt'upectiiiti  tlio  Koiitln'riicr  coniiiim'd  in  your  letter  of  tlie  'M 
iiiittaiit,  I  siilimitted  those  Htiitoineiit.s  iiLso  to  the,  coiiKith-ralion  of  tlie  law  advisers  of 
tlii'C'riiwn;  and  I  have  siiicu  leartnMl  from  them  that,  in  their  opinion,  the  evidineo 
siiimlinl  l>y  those  statements  would  not  siipi»ort  ii  elnuno  against  the  vessel  that  she  in 
,iie(iiii|'l»'<l,  or  litted  out,  or  destined,  as  to  constitute  h  iireaeh  of  the  inovisions  of 
tlii!fi)rri;;n-i'idistnn-nt  act,  and  that  it  conseipiently  did  not  atford  sulHeieiit  wariant 
loriUTfsTiiij,'  the  vessel. 

Tlic  t.'1't'ater  p(ution  of  the  two  depositions  inel(»sed  in  yimrlettiM-  consists  of  hearsay 
iiiiittcr,  or  statements  of  mere  belief,  which,  according;  to  American  eciniilly  with  Mritisli 
|;iH,  are  iiiadinissihie  in  a  court  of  justice,  and  upon  which  Her  Majesty's  <;overnment 
,„iii(l  ntit  It^'ally  proceed. 

Atteiitiiin  will,  nevertheless,  continue  to  he  paid  t(t  the  vesstd,  with  a  view  of  jjuard- 
li:;.  :i.s  t':ir  as  piissilile,  against  her  beinj;  e<|uipped  in  this  country  in  a  manner  incon- 
,,,",nt  with  the  provisions  of  the  foreijiu-eidistmcnt  act. 
I  have,  \i'., 
(Si-ned)  RUSSELL. 

Oil  the  .id  'Hily,  18(>3,  ho,  again  wrote  aa  follow.s:' 

/v((>7  llimmll  to  Mr,  Atlam». 


FoHKKiN  Oii'iric, ./((/»/ ;{,  iHfjn. 

Sik;  1  had  the  honor,  on  the  lUth  of  .luue,  to  <'ommnnicate  to  you  the  result  of  the 
iiM|niii(s  which  had,  up  to  that  time,  lieeii  instituted  by  Her  >i.i,ieHty's  {government 
witli  rt'lVn^nte  to  the  statements  respectiufj  the  vesstd  .SouthiMiier,  contained  in  your 
Iticrof  the  ;td  of  that  month.     I  howtsver  added  that  attention  .should  nevertheless 

iitjiiuf  to  he  paid  to  that  vessel,  withthe  view  of  jjnardiny,  as  far  as])ossible,  a;;ainst 

.1  liciii;;  eipiipped  in  this  country  in  a  manner  inuonsisteut  with  the  provisions  of  the 
iMni;,'ii-rMlistm.'nt  act. 

I  iiavi'  now  to  inform  you,  in  fultillnient  of  that  assurance,  that  Her  .Majesty's  j;(iv- 
iMinifiit  considered  it  desirable  to  re«iuest  the  board  of  admiralty  to  associate  with  the 
cistiim-house  surveyor  at  l^ivcupool  an  otlicer  well  acquainted  with  the  build  and 
ri|iiiii!ii(iit  of  vessels  (d'  war,  with  instructious  to  survey  the  Southerner,  and  to  report 
iliricsidt  to  Her  Majesty's  j^overnnuMit. 

Tliat  ollicer's  report  has  now  been  received,  and  I  have  tlit^  honor  to  acquaint  you 
that  it  appears  from  it  that  the  Southerner  is  an  ordinary-built  iron  screw  steam  psus- 
Mii^jcr  and  car};o  vesstd  of  l,.")!!^  tons,  fitted  with  en;;iims  id"  '.WO  horse-jiower  ;  that  she 
i>  also  lit  till  with  top  j^allaut,  forecastle,  and  poop-deck,  with  deck-house  continuous  (ore 
;inil  all  with  the  same,  in  the  same  manner  as  the  Inmaii  lim-  of  screw-boats  sailinij;  lie- 
iv.rrii  Liverpool  and  New  York;  that  she  is  titted  up  aft,  under  the  poop-deck,  with 
iiiiiii  aiionniiodation  for  about  sixty-six  saloon  i»assenj{er8  ;  the  forecastle  for  tlu^  crew. 
nil!  ileck-houscs  for  the  ship's  ollicers  ;  that  her  holds  are  appropriated  for  the  n^cep- 
i.iiii  iif  car;;!!,  and  that  she  is  titted  with  steaiii-wiiiches  for  workinij;  the  saiiu!. 

Till' adiiiiialty  surveyor  further  reports  that  he  tiiids,  ii])oii  examination,  that  her  top 
Allies  are  of  iron  plates  three-eijjhths  of  an  ineli  tliiek,  and  are  in  no  way  tittud  or 
<iiiiri'(l  lor  the  woikini;  of  jjuns;  and  that  she  Inuj  two  gaiijifways  fitted  one  ou  each 
-ill' amidships,  for  the  jmrpose  of  workiii}?  lier  car<i;o. 

Till' surveyor,  in  conclusion^  says  that,  nium  fully  examiniii;;  tlu^  Southerner,  he  can- 
■i'l  tiiidaiiythiiiir,  with  rej^ard  to  construction  or  littings,  that  would  lead  him  to  snp- 
I  |>i'  that  she  was  intended  for  belligerent  purposes. 
I  have,  Ac, 
(.Si-iicd)  RUSSELL. 

Oil  the  9th  August,  1803,  the  Southerner  sailed  from  Liverpool,  with 
a  dearaiice  for  Alexandria,  via  Carditt".     She  proceeded  to  Alexandria, 
ami  was  employed  in  tiie  Mediterranean  in  the  conveyance  of  cotton  anil 
i  I't  passeugerH,  and  was  never  used  for  war.'^ 


n 


♦the  ALEXANDRA. 


On  the  28th  March,  1863,  application  was  made  by  Mr.  Dudley  to  the 
collector  of  customs  at  Liverpool  for  the  seizure  of  a  vessel  stated  to 


'  Appendix,  voL  ii,  p.  208. 
17  a 


''Ibid.,  p.  209. 


M 


w 


i 


pi!-;; 

m 

m 


258 


TKKATY    OK    WASIIIXfiTON'. 


hv  l.viiiy  ill  oiM'  of  (lie  docks  in  i\w  poll  of'  liivoi'ixu)],  niiil  ciilh-d  tin 
Ah'XiiiKli'ii.'  Mr.  Diiillcy  at  llic  .saiiic  time  laid  b('tbi'(>  tlic  collcctiir  six 
sworn  depositions,  one  niado  by  IninsoU",  and  tin*  otlins  l»\  various otlHi 
|)«'rsons,  lending;'  to  show  that  slif.  was  constriK'U'd  tbi-  warlike  use,  and 
that  she  was  intended  lor  the  S('ivi<*(',  of  th«'  Contedeiafe  States. 

Copies  ot  the  de|>osilions  wei'e,  ou  the  .Mst  .Mai'eh,  received  l>v  |;ai| 
IJusselJ  iVom  Mr,  Adams,  to^-ether  wit h  a  note,  in  which  Mr.  .\(|a[||> 
stated  tiiat  lie  would  leniit  no  exeitioii  to  place  in  the  hands  nt  ||,., 
iMaJesty's  uoM'ininent  ail  the  iidbrnnilion  that  conld  he  ohtaint'il.  Tlic 
reitcipt  ot"  this  note  was  on  tin;  same  day  acknowh'd;;ed  by  lOml  iJiisscli. 
and  insfiiiclions  were  immediately  ;;iven  that  whatever  nieasares  ('(miM 
Icjially  lie  taken  in  \  iew  of  th«'  facts  thus  bion;L;ht  t(»  the  knowlcd;;!.  ,,| 
Her  Majesty's  <;oveinnn'nt  should  be  adopted.-'  The  (h'positinns  wvn 
at  tin;  same  lime  laid  befoic  the  law otlieers  of  the  (.'rowii,  in  order  tlnit 
they  miylit  ad\  ise  the  ji'overnmcnt  thereon. 

On  the  .id  April,  ISO.i,  Earl  Jtusscll  further  wrote  to  .Mr.  Adams,  a, 
follows:' 

J'Jarl  liuHHtll  to  Mr.  .IdainH. 

FoHKKix  f)i'iici-,,  .Ipril:',.  l-c,:;, 
Sot:  Willi  !(  rt'rciicc  to  my  li'ttcr  of  the-  Hist  nltiino,  I  li.ivc  tlif  liiiiior  In  inroini  vi 
that  tlif  s('<  rctiiiy  nl'  utiitr  lor  tlu^  Iikiik^  (l»']>iirtiiu'iit  li.is  inskiiiitiil  tlir  innyoi  i>\'  l,i\ 
4!r|iool  to  t'liiis*'  iiiiiiir(li,'il<<  iiji|iiii'i('s  to  In;  iiiiulc  witli  the  view  of  asciMiaiiiiii;;  wlictlii" 
tilt*  AlrxiiiKhii,  (li'iioiiiiccil  liy  you  ill  your  li-ttcr  of  tlit;  :tr>tii  iiltiino,  is  liiiiii;  i'i|iil|i|iiil. 
liiriiislicil,  lltlcd  out,  or  iuiikmI  witii  tho  iiitcntiini  of  licr  Ix-iii;;  ciiiiiloyi'd  in  tin 
Hcrvit'c  of  III!'  so-c;»llcil  OoiilViKTiitd  Stiitfs,  with  iiitfiit  to  ('oiiiinil,  hosliliiics  ii;,'aiii«! 
the  l'"t'(h'rii)  (iovfrminMit  of  tho  United  States;  iiiul  if  tiiis  shouiil  appear  to  lu'  tlir 
case,  tlie  mayor  is  further  instructed  to  adoiit  whatever  steps  can  le;,'aHy  Ik;  taken  in 
tile  matter. 

I  have,  &e., 

(Signed)  UI'.^^.Si;!.!, 

On  the  otli  Ajiril,  ISO.'),  tlio  Alexandra  was,  pursuant  to  the  diicctidii 
of  Her  .Majesty's  fi'ovcrnment,  .seized  by  the  olllcers  of  tlu'  ciisloiiis  at 
Liverjiool,  under  the  powers  created  by  the  seventh  section  of  the  im 
eijfn-enlistmeid.  act  ;^  and  proceed! njjfs  were  .soon  aft«'rward  institiitnl 
in  the  court  of  ex('he<pier  by  the  attorney-;;eneral  on  Ik  half  of  llie  Ciowii, 
in  order  to  obtaiti  a  condeinnatioii  of  the  ship  under  the  provisiiins  oi 
that  act. 

Mr.  Adams  was  informed  that  orders  to  .seize  the  ves.sel  h;id  liccii 
given,  and  he,  on  the  <ith  April,  1803,  wrote  to  Earl  Jius.sell  as  follows; 

Mr.  Adamn  to  Karl  UuhhcU. 

LkUATIoX  or  THK  rNITI-.l)  SlATKS, 

lAiiidoti,  .\}ml  ti,  1>Im. 
Mr  I>oi!i> :  I  liave  the  honor  to  acknowledge  the  rocp|ttion  of  ycnir  lordship's  iioteol 
the  otii  instant,  in  answer  to  iniiie  of  the  :U)th  iiltimu,  niakiii;;  certain  represcntatiinb 
in  re^tard  to  the  liiaracter  of  n  vessel  in  Liverpool  known  as  the  Aiexandiii,  Jt  is  with 
the  most  lively  satisfaction  that  I  learn  tin;  decision  of  Her  Majesty's  f^ovcniimiit  in 
detain  that  vessel.  Uelievinn' that  such  an  act,  at  the  pn'seni  nioment,  is  caliulatnl 
to  defeat  the  san;;;nine  li()i»es  cd"  the  coniinon  cneniieH  of  hoth  nations,  to  sow  the  swil" 
of  dissension  het  ween  them,  I  shall  remit  no  etlurt  to  procun;  all  the  inforiiiatiouiios- 
sihle  to  sujiport  it.  To  that  end  1  have,  agreeably  to  your  lordship's  su{j;}{''''''""i''f'" 
the  necessary  instructions  to  the  cousul  of  the  United  States  at  Liverpool  to  put  liiui- 
self  in  communicatiou  with  the  authorities  designated  at  that  X)lace  to  pursiii>  tlit;!iiili- 
ject. 

I  pray,  &c., 

(Signetl)  CHARLES  FRANCIS  AD.\MS. 


'  Ap])«ndix,  vol.  ii,  p.  222. 
'Ibid.,  p.  22y. 
^Ibid.,  p.  23L 


"■  Ibid.,  p.  227. 
*  Ibid.,  p.  2;J2. 


CASE    OF   (SKKAT    URITAIN. 


2r.o 


On  tho  22(1  Jiiiio,  1M«5.'{,  tin'  riuiso  cainn  on  for  trial  in  the  court  of  ox- 
(•li('(|ii»'r,  Ix't'on'  tin'  lord  «'hi«'ri>ai'oii  (tlio  cliirf  jim1;;i'  of  that  <'oiiil)  aii«l 
a  siu'ciiil  Jiiiy;  tlio  attoriwy  ^jft-iicral,  the  solicitor  jiriicral,  and  the 
QlU't'll^'<  iHlvo(;ate,  with  two  other  niciiibcrs  of  the  har,  coiKliictiii;;'  th«'. 
case  for  the  Crown.  The  trial  oeenpied  three  days.  At  the  close  of  the 
tiiinl  (lay  the  Jury  returned  a  verdi(^t  a;;ainst  the  Crown  and  in  favoi'  of 
tiic  persons  claiming,'  to  he  owners  of  the  shi|».'  Appliitation  was  tliere- 
ii|M)ii  made  on  behalf  oi'  the  <'rown  to  the  fonr  Jndj;('s  oi'  the  conit  of  e.\- 
(•li('(|iier  siftin^i"  as  a  collective  conrt,  It)  obtain  a  new  trial  of  the  cause, 
oil  the  ;4roands,  first,  that  the  instrnclions  which  had  iteen  delivered  by 
tlic  1(11(1  chief  baron  to  the  Jury  as  to  tlie  int(>nt  and  interpretation  of 
the  law  were  erroneous:  and,  secondly,  that  the  verdict  was  coii- 

11)  trary  to  the  weij^htof  *testiinony.  Alter  lonjjfarj'unient,  the  hear- 
ing'hein^  continued  during  six  days,  this  application  failed,  the 
tour  Jiul^'cs  eoinposin<4  the  court  bein;;'  e(|ually  divided  in  opinion,  .ind 
jiid^'iiieiit  was  j^iven  a;;ainst  the  Cr<»wn.-  All  the  Jud;;('s  pronounced 
tlicir  opinions  .v<^>'(Vr//m  in  open  court.  From  tliis  jud;>'inent  an  appeal 
wasiiiadt^  on  behalf  of  the  Crown  to  another  tribunal,  (the  exelie(pier 
cliaiiiber,)  composed  of  all  the  jud;;es  of  the  suju'rior  cotu'ts  of  common 
law  sittiiifi  collectively  ;  but  it  was  ad.judf^ed,  after  argument,  that  the 
jurisdiction  assigned  by  law  to  this  tribunal  did  not  authorize  it  to  enter- 
tiiiii  tile  aitpeal. 

Costs  and  damages  amounting  to  ii.'?,7(M»  wer(i  paid  by  the  Crown,  as 
tlic  (Icfeated  party,  to  the  claimants  of  the  ship. 

Wliile  these  i)roceedings  wer«^  pending,  and  after  the  verdict  of  the 
jury  had  been  delivere«l,  Mr.  Seward  addressed  to  Mr.  Adams  a  dispatch, 
dated  tlu^  11th  'luly,  l.S«i3,  which  (contained  the  following  instructions 
ill  ivjjard  to  the  ease  of  the  Alexamlra  : 

1st.  You  iicc  iKitliorizi'tl  niid  rxitntcd  to  iissiiri-  Kiirl  IiiishcII  that  this  (lovfrmncnt  is 
iiitiiily  satislii'il  tliat  lire  Ma.jrsty's  ;i<ivcriiiiitiil  liuvc  coiKldctftl  tlic  iir(ictr<liii;;s  in 
tliat  ciisc  with  pcrti'ct  <;(I(kI  faith  ami  honor,  and  that  thi\v  (do  well  dispoHcd  to  prcviMit 
the  littio;;  out  of  arnu'(l  vi-ssfls  in  IJritish  iiorts  to  tlcpicilatt'  ni>on  Anu'iican  coniiiit  ri'(( 
Hill  to  make  war  ajjainst  the  I'liitt-d  States. 

'.Mly.  'I'liis  (lovfinnu'nt  is  satistiod  tlial  tho  law-oniccrs  of  tho  Crown  have  pcrfonnod 
iliiii  (IntifH  in  i('nanl  to  till- case  of  the  Ah'.\andri(  with  a  sinci-rt!  (conviction  of  tho 
.i(lii|iiacy  of  tho  law  of  (Jit-at  Ihitain,  a(Ml  a  sintcro  (h'sirc  to  j;ive  it  olhot. 

'Ml\.  Tlio  Ciovormncnt  of  tho  I'lntod  Statos  doos  not  dosocnd  to  inijiiiro  whotht  r  tlm 
jiiiy  in  tlio  casf  wero  or  wt-ro  not  inii»artial.  It  willin<;ly  hditnes  tht-y  wore  so,  and  it 
accrlits  the  Htatcniont  niado  with  so  nmch  nnaiiiiiiity  by  all  the  rcnortcrs  of  the  cjiso, 
liiat  tlic  jud^f  who  prosidttd  at  tho  trial  made  tln^  htiuh  rcsiionsildo  lor  thovordict  by 
till' lioldiirHs  and  din'otnoss  of  his  r((linjjs  ajjainst  tin-  iiroscontion. 

Itiily.  (ircat  Uritain  hcinj;  a  iroo  and  oonstitntional  fo((ntry,  ami  tho  proooodin^s  in 
till' eiisi' of  thoAloxandra  havinj;  la-on  thus  far  oondnctod  by  tho  fjovonnnt-nt  in  muni 
taitli,  and  act'ordin<f  to  law,  tho  I'nitcd  States  wonld  not  bo  Jnstitiod  in  dcrniin^;  tho 
vcidict  rcndorod  by  tho  Jnry  a  cinsc  of  national  ((nnidaint,  jMovidod  that  tlic  y;ovcrii- 
iMiiit  inoscontos  an  appeal  to  tho  higher  ooiiits  nntil  it  be  dctciniincd  in  tin-  court  bf 
l.M  icMirt  whether  tho  law  is  adoqnate  to  the  maintenance  of  the  neiilriJity  which 
III!' Majesty  has  prnolaiined,  and  provided,  also,  that  in  tlio  mean  time  the  Alexandra 
iiiil  other  vessels  that  nniy  bo  found  violating  or  preparinjj  to  violate  tho  law  be  pro- 
vi'iiti'd,  so  far  as  tho  law  may  allow,  from  leaving  llritish  ports  to  prosccnto  their  work 
"I'  ilt'vastatiou. 

I>iiriiig  the  whole  course  of  these  proceetlings,  vi/,  from  the  .'ith 
April,  l.S(13,  to  the  24th  April,  1804,  the  Alexandra  remained  under 
'^mmv  and  in  the  possession  of  the  oflicers  of  customs. 

At  the  end  of  that  time,  the  executive  having  no  legal  power  to  de- 
tain her,  she  came  again  into  the  possession  of  Messrs.  Fawcett,  I'n-ston 
"^'  Co.,  the  persons  claiming  to  be  her  owners,  by  whom  she  was,  in 
June,  1804,  sold  to  a  Mr.  Henry  Lafone,  a  merchant  residing  at  Liver- 


'  Appendix,  vol.  iii,  p.  56. 


^IbUl.,  p.  57. 


2G0 


TKKATY    OF    WASHL\(iTON. 


m'i' 


pool.  ]>y  lit'i-  now  owner  her  name  was  thon  clnui'jcd  to  "The  Marv;" 
her  littin}».s  on  deck  and  helw  were  altered  and  made  apparently  suit 
able  to  a  vessel  of  eoinnierce;  and  in  July,  1854,  she  sailed  from  Livt-r 
;)ool  tor  Bermuda  and  tlienee  to  llalitVix.  Mr.  Seward,  on  \n-\u<x  in 
t'oi-med  of  her  a-rivai  tln're,  wrote  as  follows  to  Mr.  Hume  liuridey,  Jlei 
IJritannif  Majesty's  charjje  d'affaires  at  Washington  :' 

Mr.  .'Hirard  to  Mr.  liiirulvy, 

J)Kj'AUT>n:N:'  or  Siaii;, 

Waii'ilii'jf".!,  Septvhibvr  l;i,  l-'iU. 
Sii; :  This  Dcpartincut  liiifi  iM'fii  infoiiiU'd  tlr.it  th<^  stcaiiMT  M;iry,  wliicji  Inimiiiv 
..inli'i  liu'  iiiiiiif  1)1'  t!i<'  Alcxaiuha.  \\  as  »'li!u\u;f(l  in  tlif  Urili.sli  cmuts  with  li:i\  iiij;  liid; 
biiiit  I'cr  tlic  naval  scivift!  kC  iln-  insnr^tMils,  lias  anivcil  at  llalilax   for  tin'  siippoM.d 
jtiirjxi.si-  1)1   (licrc  Ik'ii)^  armtMl  and  »'i|(tii>|it'(l  U,v  that  stTvici!. 

It    is   ('(/JisfMiiirntiv  .siijijjcstcil  that  \oi.  I'dniniiinicatc  with   the  jiovi'iiior  of  Xova 
Scotia,  in  ortlfi'  that  thi-  linsliic  itcsij^iis  oi'  (Iiat  vessel  a};aiiist  tlm   I'nittMl   Stati's  aiiii 
tlu;ir  .shiiijiin;;  inay  not  Ix'  canictl  into  cfliTt  from  any  jiort  within  )iis  Jurisdiction. 
1  havi",  \.--., 
(Si«n.'d)  WILLIAM  IL  SKWAII]). 

A  <'oi)y  of  this  note  was  at  once  transmitted  by  Mr.  Ilnrnley  to  the 
litutenant-{>t>vernor  of  Nova  Seotia,  win*  rejdied  as  follows: 

LKultiKiiitdonriivr  MacdoinulHo  Mr.  Ihiriilcij. 

(ioVKIi.VMKNT    lIolM;, 

llnlifajr,  Xora  Srolin,  SfptvntlHr  ;'.(i,  l-itU. 
iSli;:  T   have    thr  lionor   to  acknowledge  the  nceipt   of  yonis  of  the    Killi   iiist:).iil. 

I'liiniiiii' 


ihich    did   not  rcacii  nie  till  Ilie'J'^th  instant.    Yonr  letter  inclosi's  ;i 


[I'J]         nieatioi    iVoni  Mr.  Seward.  re|)n'seniiiij.;  that  'liie  Mary,  I'onnerly  the  Al 

(ha.  ha>   arrived   at    Halifax,  for   the   .s(i])))(ised   i)Ur[)ose  of  beinj;  aimed  ami 
ei|ni;i|>ed  tor  tin   eonfedeiate  service. 

Mr.  Seward  therefore  sn;j;j!iests  that  you  should  eoniiiiunieale  with  uie,  in  order  tliiii 
Hie  hostile  des!;j;ns  of  that  vessel  a^jaiiist  the  l.'nited  .S|at<>s  and  their  .shiiipiii;,' may 
not  be  carried  i'l!:;  elfeet  from  any  )iort  witb'.n  my  jurisflielioii. 

Ill  lejdy,  I  !'.avi>  to  sf.ite  that,  iu  future,  as  heretofore,  my  most  streiinoiis  cxerti(iii> 
sliall  be  tlirected  to  'naintainin^r  within  the  neutral  NsatiMs  of  this  portir.u  ot  lln 
Majesty's  doininioiis  tiie  strii-test  oliservauee  of  those  orders  which  have  been  issued 
for  i>>y  (guidance  in  ret'e.'eiu'e  to  beltii^eient  cruisers,  whether  Federal  or  eonledeiatc. 

I  cannot,  however,  intijlere  with  any  vcskcI  Hritisb-owned,  iu  a  Ibitish  hiirliDi.  mi 
im  re  Husjiieion  ;  nevertheless,  J  have  so  deci(b  il  a  d. ■termination  to  luuveiit  any  al.iiM 
of  llie  accoMimodatioi!  alforded  liy  this  port  to  any  i>arty,  thit  I  have  iiistitiittd 
iiKluiry,  for  my  own  satisfaction,  into  the  rumored  destination  of  the  Mary.  1  have 
tivi'ii  dir.'cit  d  tint  the  Mary  shall  be  watched,  and  am  iJiepari'd  to  interlcre,  if  any 
ilb'j^i.l  ei|niiitiient  t)f  thai  vessel,  ier  warlike  purposes,  be  atteinpred  iu  this  proviiin'. 

At  the  H.-uii-  time  you  ui;iy  inierni  Mr.  Sewaro  that  the  resultof  my  iiHpiiriesliitiiiitH 
leads  me  .o  snppost-  (iiat  the  Mai y,  althouj;;li  oi  iijinally  Htroni^JN  built,  and  a|ipaiiiiil) 
iiiJeiided  for  warlike  ])ur|)OHes,  is  now   Ijiiij;  liere  an  embariassinent  to  lici  iiwiiciv 

isalaiih   and  uu.sei  viceable,  either  , as  an   oidinar.\    mere!iantuiau   or  a  cruiser.    Ikr 

and  a  lialf  knots,  and  I  believe  sin;  is  cniisid- 


nil 


sp"ed  unil"r  steam  does  not  exceed 

ered  a  failtire,  whatever  may  have  liecu  lier  oiijiiuiil  destiiiation.    Therefore  no  dilli- 

ciilfv  is  likelv  to  arise  iu  her  case. 


I  iiave,  A 
(Sijfiied) 


K.  .}.  ma(M)Onni:ll, 

LiculcHtntl-duririiiir,  ,i- 


Tlie  Mary  returned  in  Novend)er  from  Halifax  to  IJerinuda,  and  thcmr 
j»ro<'ee«led  to  Nassau,  wln.'re,  on  the  l.'Uh  December,  18(M,  she  Wiis.sciziil 
by  order  of  the  <rovernor,  and  proeeeding^s  were  instituted  against  lui 
in  the  viee-adndralty  court  of  the  colony,'^  it  havijipr  lieen  (liscvivcit'd 
that  she  Inid  taken  on  board  at  Bermuda  certain  packii^vt's  the  I'oiih'iits 
of  which  afforded  some  evidence  that  a  desion  existed  of  eiiipltt.vinp 
lier  iu  the  naval  service  of  the  Confederate  JStateH.    The  cause  « i' 


'Appendix,  vol.  ii,  p.  i?7)i. 


<Ibia.,  i>.  9M. 


CASE    OF   GREAT    HRITAIN. 


2(5  i 


heard  on  tlui  22(1  niti^  23(1  May,  180"),  and  on  the  MHh  May  tlio  (H)iirt 
(U'cidHl  tliaf  tlipro  was  no  "n'ii«onal>ly  sntricicnt"  evidence  of  illegal 
intent  to  support  a  sentence  of  forfeitnre,  and  the  vessel  was  accord- 
iiigly  released.'  The  war  had  by  that  time  teriniinited,  and  all  arnie«l 
lesistiuice  to  tlni  authority  of  the  (loveiiunent  of  the  ('nite«l  .States 
^viisat  an  end.  The  costs  and  expenses  which  the  colonial  j;overnnient 
iiiciuTcd  by  the  seizure  of  the  vessels  ann)unte(l  to  £'il  1   \>>x. 

El  Toussoii  ami  El  Monassir,  firon-chul  rumx.J 

On  the  7th  July,  1S03,  Mr.  Pudley  made  formal  applicatioji  to  the 
lollcotor  of  customs  at  Liverpool  to  seize,  under  tlu^  provisions  of  the 
iibovc-mentioned  a(!t,  a  vessel  described  by  him  (Mr.  Dudley)  as  "an. 
11(111  cliul  steum  vessel  (d"  war,"  launched  three  days  before,  and  then 
!yii!;iai  llirkeidiead.-'  He  at  the  same  time,  laid  betbre,  )he  collector 
sVviMiil  depositions  on  oath,  sworn  by  himself  and  various  other  jiersons, 
ill  wliicli  it  was  stated  that  t'.vo  iron-clad  stea». 'ships,  sindlar  in  all 
material  respects  to  each  other,  had  Ibr  many  mo.'iins  been  in  process 
III' construction  in  the  ship-buildinji' yard  of  Messrs,  Lainl  iV:  Co.,  ship- 
hiiilders  of  i»irkcnhea<l ;  that  they  were  of  very  .^reat  sti'enjith,  and 
iiiaiiifestly  desif;ned  lor  vessels  of  war;  that  «'ach  was  furnishcil  witli  a 
laiu  or  piercer,  of  \vrou<;ht-iron,  project  in;^'  undei'  tlie  watt^r-line,  and  was 
also  |ir«'pared  to  receive  two  iron  turrets  tor  heavy  };uns,  and  that  two 
(if  such  turrets  were  l'.ein;j,' constructed  in  the,  yard.  One  only  of  the 
said  Vissels  had  been  launched,  an<l  to  this  Mr.  Dudley's  ai)plicatiou 
ivlated.  The  said  <lepositi(ms  contained  also  allejjations  tendinjn'  to 
sliovthat  the  vessels  were  intended  for  the  naval  service  of  tlu'  Con- 
federate States. 

Copies  of  these  depositions  and  of  Mr.  Dudley's  api)li<'ation  were, 
(iiitlie  nth  July,  1S(;;;.  sent  by  Mr.  Adams  to  Va\v\  Kussell.' 

On  tlic  l.'Uh  duly  these  depositions  were  referred  to  the  proper  ilepart- 
iiients  of  the  yovernnu'iit,  and  to  the  law-olHcers  of  the  Crown.^ 

That  these  two  vessels  were  in  course  of  construction  ha<l  tor  a  lonjj 
tiiiu' l)('en  known  to  Mr.  Dudley,  andhehadsr  't  inlbrnmtion  respcctinj; 
tliciii  to  the  (lovernment  of  llie  ITnited  States,  t'omnu'ncin;^  in  the  monlli 
if -Inly,  lS(J:j.  It  was  31r.  Dudley's  opinion  that  they  would  be  most 
tdiiiiidiilde  ships,  possessin;^'  more  pow«'r  and  speed  than  any  ironclads 
Itreviously  built,  and  so  heavily  plated  as  to  be  invulnerable. 

Fiutlicr  depositions  in  supj>ort  of  the  appli<;ation  were  subseipmntly 
siil)iiMtt('d  by  Mr.  Dudley  to  th«'  collector  of  customs,  and  transmitted 
I'V  M  ,  Adams  to  Earl  Kussell.-' 

Tlu  second  of  the  two  vessels  above  mentioned  was  launched  on  tlie 

:*!ltli   August,   I.S(i;{;   and   an  application,  sui)portetl   by    sworn 

t'i|     (Jepositions,  for  the  seizure  of  her  was,  on  *the  1st  September, 

bSfi.'l,  nnnh^  l>y  Mr.  Dudley  to  the  collect(M' of  customs  at  Liverpocfl. 

*'i>|ii( 's  of  these  further  dei)ositions  were  sent  by  i\Ir.  Adams  to  Earl 

li'iissell.'' 

Her  Miijesly's  jjfoverntnent  had,  at  the  earliest  moment,  j;iven  diicc- 
'ions  tliat  a  strut  wat<di  shoidd  be  kept  over  the  vessels,  and  that  dili- 
-I'lit  inquiry  should  be  made  for  the  pui'i»ose  of  aseertaiidnj;"  their  (diar- 
iHer  and  (iestination. 

It  was  iit  first  Reported  that  they  were  built   for  the  ^tn-ernmcut  of 
e.    Subseipieidly,  they   were  (daimed  by  a  M.  IJravay,  a  French 


rata 


'  ApiuMidix.vol.  ii,  p.  -JHO. 

•'ii)i<i.,i».:iir>. 
Mbid.,  i)[).:wii,;?:a. 


-Il.i.l. 


!• 


:tl7. 


'Ji>i<i.,  ji.  :{2:t. 
'ibi«i.,  i.p.  :ur),:u'». 


262 


TREATY    OF    WASHINGTON. 


nioicliiuit  iiinl  iiu'inhorora  firnu'Jiiryiiij^oii  business  in  Paris,  who  stated 
that  hi'  liad  inuchasi'd  them  on  acM-ount  of  th«'  Pasha  of  K}i'.V|>t.  M. 
Miavay  had,  in  fact,  in  Anj^iist,  ISO^J,  inadean  appliiiation  to  the  ImvikIi 
;f(>\('inni('nt,  slatinj^  tlic  alh';^('d  pundiase,  and  requesting  that  the  j^ood 
olliccs  of  the  I'''rencii  rnihassv  in  London  niijiht  be  used  in  his  l)elialt'. 
in  onU'r  to  einibh'  him  to  send  tlie  vessels  to  Alexamlria  ;'  and  it  rintluM 
appeared  lliat  lie  Inn',  in  I'\'bruarv,  1S(».!,  inadea  elainiupon  the  rnsliaV 
•i'overnnient  on  aeeonnt  of  two  iron-elad  vesselsof  war,  whi<'h  he  alliinKM! 
that  lie  had  been  ordereil  to  ()roenreby  the  then  Pasha's  jjredeeessor,  (who 
died  in  1S«L',)  and. for  wliieli  he  allejicd  that  he  had  |>aid  a  larj^c  sinii  tm 
aeeonnt."  Finally,  he  produced  to  the  IJritish  naval  attaelu'  at  Tiuis  ;i 
number  of  jjapers  relatinj;  to  the  vessels,  and  furnished  him  with  a  vn\)\ 
of  a  lej^al  instrument,  dated  istii  .Iul\,  IS*;;},  iVoiii  whi(!h  it  appcaitil 
thai  the  iroii-i'lads  hail,  in  fact,  been  built  to  the  order  of  Uullock.  Imi 
that  IJuIlock's  inti'rest  in  them  had  been  transferred,  or  puri)ort«Ml  to  Ik 
transferi'ed.  to  llravay,' 

On  the  L'Sth  Au^^ust.  lS«i.>.  Her  liritannie  ^Majesty's  eonsnl-f^'eneral  ii 
Efjfypt  lejtorted  to  tin'  ;;overnment  that  the  Pasha  of  l'';iypt  refiisod  1m 
ratify  the  order  alie;ied  to  ha\e  been  j^iven  by  his  i)redeeessur,  or  ti 
]Mir('hase  ihe  vessels.  This  report  was  received  by  the  jroverninciit  oii 
the  ."itli  September.' 

On  the  same  ."ilh  September  the  builders  of  the  vessels,  in  rei>ly  toai: 
incpury  address«'d  to  them  l»y  the  undersecretary  of  state  for  t'oicij;!: 
alVairs.  wrote  to  him  as  follows:'' 


ihy^^mm^^ 


Meiuirs.  lAiird  llrothvrn  to  llir  Mujitilyn  Jhniijii  offici'. 

hlUKKtiUV.Alt,  Seplrmliir  :>,  Mi.i. 

Sut :  \V<'  Imvc  received  your  letter  of  the  4th  iiistiMil,  .sfatiiiH  that  l^onl  IJiissilI  has 
iiistnict('<l  \iiii  to  rer|nest  ns  to  ini'oriii  liini.  with  as  little  delay  as  pitssilile.  in  wiidi- 
ae.coimtaiul  with  what  destination  we  havelinilt  Iheiron-elad  M-ssels  recently  lainuini' 
and  now  in  i-onrse  ot  roiMpletion  at  <>nr  woiks. 

Ill  reply,  we  lie;;  to  say  that  althouiih  it  is  not  usual  for  Mhip-builders  to  d' rhnr  tli. 
names  (d"  jtarties  lor  whom  they  are  liuildin;r  vessels  until  the  vessels  are  eiiiiiiiiiin: 
and  the  owners  have  taken  jinssession.  yet,  in  this  pai'tienlarease,  in  <'onse(pieurf  nl'ili' 
inan,\  rumois  alloat,  coupled  with  the  ii'peatcd  visits  id"  Mr.  Mor;;an.  the  .snivevni  i. 
ensloms.  to  our  works,  wc  »lion;;lt  it  ri;4lit  lo-ask  pciiuission  id'  the  i»:irties  mi  wlii." 
accuunl  wi'  are  Iniildiie;  the  \  essels  to  j;tve  their  ininies  to  the  Kiij^lish  f;ovcrmiii'iil.  in 
the  event  ol'  sn(di  int'onnation  l>ein;j  asked  fointllieiali.N  in  writinj;. 

They  at  (Uice  ^ranted  us  thr  ]>erinission  we  Non;;ht  for. 

W'c  thercror<>  lie;;  to  iul'omi  you  th.-it  the  linn  on  whost;  account  we  iire  huildiiij,'  tli'- 
vessels  is  A.  I5ra\  ay  A  Co..  and  that  their  address  is  No.  (!  l{ue  de  Londres,  I'aiis.  :mii1 
that  our  en^tayiement  istodelivei  the  vesstds  to  them  in  the  port  of  l.iverpnol  wlni 
tlley  aie  completed  aeeordiii);  to  our  coidra(^t. 

The  time    in  which  we    <  \pect    to   lia\e    Ihe   lirst  vcss(d  so  completed  is  not  less  tliiili 
one  month  from  this  date,  and  the  second  not  less  than  six  or  seven  weidvs  from  tlii.>ii:ili 
We  are.  &v., 
(Siyrncl;  LAIltl)  HlioTlIKKS. 

A.  II.  L\vm:i..  I:s.|..  M.  p. 

The  iiH|uiries  directed  by  Hei'  .Majesty's  government  were  actively 
prosecuted,  and,  althouoh  the>  led  to  no  conclusive  result,  ne\<'i'tli<'l(S> 
eoii\inced  the  o'osci  iimciil  that  there  was  a  reasonable  prospect  nt 
obtainiu};'  siillieient  .vidence  as  to  the  «lestination  of  the  vessels.  On 
the  !>t!i  Sei)temi»er.  IHiJ.;.  ijoth  vessels  beiiio-  then  in  an  tinliiiishtMl  stittr. 
the  l'oll(»win<^  notice  was  .sent  ,to  the  builders  by  the  seeretai\  of  tlir 
treasurv : 


'  AppMitlix,  vol.  ii,  j».  :U<9. 

•'I hid.,  p.  :!72. 

f-  Ibid.,  p.  ;{,">;>. 


-ibid.,p.  :nr). 
^  Ihul.,  p.  :iu:i. 


CASE    OF   GHEAT    BRITAIN. 


203 


//( )•  .]fiij(sty'n  Tnunnry  lo  .\frnnfs.  Lnlrd  llrolhvrK. 


T|{i;asii!V  C'HAMiiKit.H,  St'plfmher  {),  18(5:}. 
Ckxi'I.k^"'^' :  f  iiiii  (IcHircd  1»y  my  lords  commissidiMMN  til'  Hit  M:i,ii'-<ty's  trrasiiry  t< 

iicqiiaii 

>ii)|irl 


it  yiiii  tliiil  tlii'ir  l()rilslii]is  linvc  fclf  it  llu'ir  duty  t<»  is-»iic  ordtTs  to  tlif  rimiinis- 
s  lit'  iiistoiiis  tliiit  till'  two  iron-dad  stciimcrs  now  in  tin'  I'oursi'  ol  i'oni|iirlioii  in 


iiiiniiick  ;it  MiikiMilii-ad  mic  not  to  l)i'  pcrniittnl  l.i  Iimm'  tiir  Mitsi'v  until  s;ilis|'aftory 
iviilriiri- can  l)c  ^fivcn  of  tlicir  di'stination,  or  at  li'ast  until  tin'  iiii|Mirii's  wliiidi  ari' now 


lieiii;,'  |>r<is(M 

rilNiill. 


iiti'd  Willi  a  view  to  olitaiu  siicli  ovidfiici'sliuU  liavf  Iiim'ii  liro;iy;lit  toaniii- 


1  am,  A-C. 

(Si<;ncd) 


(;i:()l,'(iH  A.  HAMILTON. 


Mi's»i> 


LaiI!I>  iV  r<>..  Ilirhciihidd. 


44]     *  Tlic,  builders  replied  ws  follows 

111  rrply,  \\r   licji   to   inriirni   yon  that    we  have  forwarded  a  i-ojiy  of  your  letter  t 


MrSSl> 


A.  Iti.ivav    A    Co..  at    No.  ti  Kite,  de   l.midi'es,  I'aiis,  on    wiiose  aeemiiit    we  ar(( 


\'^  till'  vessels,  and  to  w  lioiii  we  Itei;  to  refer  yon  for  Inrtlier  iiil'ormat  ion  ;  iiiiis- 
iiiiiili  ;i>  iiiir  iiiiianeinent  with  tlie;n  is  to  deliver  liie  vessels  at  tiie  [mil  uf  Liverpool 
■aImii  iliey  ale  loniideii  il  aceordiii^  to  onr  coiitrael. 

riic  Imildcrs  liiiviii^'  inl'orincd  the  eollectcM'  of  customs  tli:it  they  wished 
111  take  the  vessel  whi(di  w;is  neiu'est  e,oiiii>letioii  (iKiiiied  101  Toiissoii)  for 
I  trial  trip,  in  order  to  test  the  machinery,  hut  with  au  iissiiriiuee  that 
shi' sliiiiild  he  l>roi';;iit  hack  a,oaiii.  they  were  told  that  circumstaiiees  had 
iiiiiulo  the  ivnowled;:''  ol  the  o'overinueul  which  uave  rise  to  an  appre- 
lieiisioii  tiiat  ail  atteiiipl  mi.:;lit  l)e  made,  without  the  privity  and  aoainst 
the  intention  of  the  hiiihh'is  theiuselves,  to  <!arry  away  the  vessel  by 
tinrc  wiiile  on  siicii  trial-tri|>.'  The  o(,ver"Mient.  therefore,  coii'd  not 
lii'Miiit  the  trip  to  lake  place,  unless  on  the  .mlition  that  a  force  of  sea- 
men ;/  i  Duirines,  Irom  !ler  Majesty's  channel  tleet,  (which  was  then  in 
llie  Ml : -(•  ,)  siinicMciit  to  defeat  any  such  attempt,  should  he  placed  on 
liniinl  of  the  vessel. 

On  the  7th  Octolter,  1S<;.'>,  the  builders  w<'re  tohl  that,  in  coiise(pieiicc 
lit  liiitlier  information  received  by  the  o()vcrniiient.  it  was  deemed  ne<'es- 
>an  to  place  an  ollici'i' of  tlu'  customs  on  boar<l  the  vessel  named  101 
Tniissoii.  with  authority  to  seize  heron  behalf  (d' the  Crown  in  the  event 
nl  any  atteinjit  beino'  uiadc  to  remove  her  from  her  actual  position,  and 
iliat  lie  was  instructed  to  oidain  from  the  etunmandini;  olliccr  of  Her 
Majesty's  ship  of  war  ^rajestii'  any  protection  which  iiiiuht  be  necessary 
tn  support  him  in  the  execution  of  his  duty.' 

On  the  !Mh  Octolier,  ISII.'J,  orders  were  issued  to  sei/.e  both  the  vessels, 
and  tliey  we.re  seized  accordin.iily.'  The  v«'ssel  n'liiained  under  seizure 
troiii  tliiii  lime  until  the  month  of  ^lay,  IStll,  when  they  were.  l>y  ao-rcc- 
iiiiMit.  sold  and  tiansferred  to  Her  Majes(\"s  .o<»veriiiiient  lor  the  aojrre- 
^Mtesiim  of  Cl'liO.ttOO.'^  Tlie  e\  idence  which  Ihe  o()\  (.nimciit  liad  up  to 
'liiit  tiiiie  been  able  lo  olitain  was  so  inii»eil'ect  as  to  make  the  event  of 
!  irial  (loiibtfiil ;  and  in  aofeein^  to  tiie  |n;rciiase,  Her  ."Majesty's  ;;(ni'rn- 
ii'iit  was  mainly  actiialed  by  a  desire  to  prevent  liy  any  means  within 
's  power  (however  «'ostly)  vessids  of  yo  formidable  a  character,  (ron- 
^tiin'Ud  in  a  Mritish  port,  from  passing'  directly  or  indirectly  into  the 
iiiuls  of  a  bellio(>i(.ut. 


THE  CANTON,  *)U   PAMPERO. 


On  ilie  ISth  (Vt<d)er,  isf}.?,  Kar!  Hiissel  received  from  Afr.  Adain.s  the 
'\viiio  uule,  (with  uu  luclo.sure :)" 


loll* 


AppHiKtix,  v<»1.  ii.  i».  .T»8. 
Ibid.,  pp.  ;{#<H,  ;{Hil,  ,t  mq. 


ri.id. 


I> 


:wv 


lliid..  jip.  4.")r -4r>it. 


Ibid.,  p.  H-*?. 


Ibid. 


1» 


4(i7. 


264 


a- 

■*-f- 

!^ 

A 
■f 

i  ?' 

4 

TKKATY    OF    WASHINGTON. 


Mr,  Adams  to  Earl  Ituxmll. 


LKtlATION    OK    IIIK    rxiTi;i>   SlATKS. 

London,  itctnhir  17,  \k[\.\. 

Mv  LoiMK  It  is  with  jjroat  ro^jiot  tliat  I  Jiiul  it  my  duty  once  iiKiri-  to  cull  ymir  i.n,; 
Mhip's  attention  to  tlif  t-lVorN  niaUin<{  in  this  kingdom  to  aid  tin-  insinuiMts  in  Aiihiiim 
in  fairy iiifj  on  tlirir  resist. ini'f  to  tin-  (iovt-rnnicnt  of  tin-  I'nilrd  Statfs.  I  lia\c  stnui" 
reason  for  liclii-vin;;  tliat,  in  atldition  to  a  very  lorniidaMi- stcain-rani  now  in  iirncoMii 
construction  at  I  lie  |iorl  ol°(iljis;;o\v,  hut  not  yet  so  far  advanci'd  a.s  t'lilly  to  <i<'V)-|()|t||,.; 
character.  tlier<'  is  another  steamer  ready  to  lie  laiimlied.  called  the  Canton,  haviiijruii 
the  charaeteiisties  of  .i  war-vessel,  which  is  ahout  to  lie  litted  iip  .•iiid  dls|ia(i  inij  wn!, 
the  same  intent  fnnn  the  same  place.  I  lie;;  leave  to  suoinii  to  your  lordsliipV  c,... 
sideration  some  extracts  from  a  h-ttei-  addressed  to  iin"  l>y  W.  L.  I'liderwooil.  es(|,,  ih,. 
consul  of  t  lie  I  niled  States,  ^i vin;;  some  information  in  re<;ard  to  this  ease.  Mr.  I'ihIim- 
wood  himself  entertains  no  donhr  of  tlu^  destination  of  this  vi-ssel.  althonj;ii  fmm  tin 
secrecy  used  in  the  |ii'occss  of  construction  iuid  |>re|iaratioii,  itself  ;i  cause  of  ,siis|iiijiii], 
he  has  lieeii  slow  in  ^ainiii!;  evidence  on  which  to  lia>e  a  representation. 

Not  douhlin^i  that  ller  .Majesty's  ;ioveiiinieiit  will  takt'  all  siiitalilc  measures  toiisni 
tain  the  corrcctiiiss  tif  thesi?  ulleyations,  1  prav,  &c. 

(Sifriied)  CHAKM.KS  I'K'ANCI.S  ADA.M.-^. 

Tlio  t'xtract.s  iiujlo.sed  in  tlio  above  notecontaiju'd  a  (Uvscriptiiui  uCtlir 
Canton. 

Tlic  inioiiiiation  tlni.s  f'arni.slu'tl  by  Mr.  Adams  wa.s  iMinicdiatcly  (iiiii 
inuiiifatcd  to  (lie  prop»'r  dciiaitiiu'iit.s  of  tin- jiovcnimciit,  and  thcotti 
ccr.sot' cnstonis  and  local  antlioritics  were  in.»;trnct(Ml  to  inak«'  iinincdiatc 
in<|nir\,  and  to  take  such  Icj^al  njcasiires  as  nii<4lit  prevent  any  atti'iii|it 
to  infrinjie  llie  law. 

The  in(pnries  tlins  <lirected  were  pursued  for  a  eonsi(hn'a,)U'  ti;iie  wit!' 
very  little  lesnlt.  The  ves.scl  was  earefidly  «'xainined,  both  by  tliesm 
veyor  of  the  eiistoins  and  by  the  conunandinj:'  otVicer  of  Her  .M;ii- 
|4o]  esty's  .ship  I  loom.,  .stationetl  in  the  t'lyde;  and  the  specili*(atioii» 
on  which  she  was  constrticted,  as  well  as  tin' (uintract  for  hiiiidiii;; 
her,  were  prodn<'ed  and  exhibited  by  the  a;;ents  thron^ih  whom  tin 
contract  had  been  nnule.  It  appeared  thai.  tlnni,i;h  she  was  licin.i^  liftid 
npasa  passcM;;cr-sliip,  there  wt'ie  .sotne  pecidiarilics  in  her  eoiisiriictiu  i 
siu'h  as  to  reM<ler  her  capalile  of  bciii"-  converted,  not  indeed  into  i 
rejjniar  ship  of  war,  bnt  into  a  ve.s.sel  .servicealile  for  war  jntrposes.  Sin 
had  bcM'ii  colli racted  for  by  a  person  resident  in  London.  throii}"li  tin- 
aoeiK'y  of  a  (llasj^'ow  linn;  tind  this  lirtn,  as  well  as  her  binlders,  stated 
that  they  belie\e(l  her  1.)  be  intendetl  for  the  ineicliant  service,  and  wcic 
not  aware  of  any  intt'iilion  to  dispo.se  of  her  lo  tin'  Confederate  ^\\\W<. 

The  ves.«el  was  laiitu-hed  on  the  L'lMh  Octolwr,  \^{V.\^  (her  name  having 
been  pr 'ioiisly  chano<Ml  to  the  "■  I'ampeio;")'  and  the  Cniled  Stati"- 
eonsnl  at  (■las;>ow  .soon  afterward  made  a  formal  apidicatmn  that  slic 
niio'lit  lie  seized,  snpportino;  it  by  several  dejiositions  on  oath,  lo  wiiicli 
others  were  afterward  ad(le<l  from  tinn'  to  time.-'  No  evith'iice  wliiit' 
tner  i»r  ii'M'  bein;;  intended  for  the  cMiliderate  service,  beyoin'  vajiiic 
rumor  and  henrsay,  was  furnished  b\  the  CniU'd  States  consul  ni  tlicsr 
depositions  or  otherwise,  nor  by  Mr.  Adain.s. 

liy  the  end  of  .\ovend)er,  how«'Ver,  the  nnpiiries  directed  by  the 
government  had  led  to  the  production  of  .some  evidence,  ai'd  it  wrt.'S 
eventually  a.scerlained  lliat  the  real  owners  of  the  vessels  wi 
per.sons  resident  it'specliv<'ly  in  liOiHi<»n,  Manihe.sti  r,  (JI.e 
Dumbarton,  and  that    tliev  were  ntidf-  a  ('oiitracr  to  siU   h*-:  tu  oiii' 


.»'.V, 


rorai 
ami 


Sinclair,  callini:  himself  a  citizen  «»f  tli^  (.'(wileder.tt*'  Sl.»te 


i>ai 


t'.Klt 


Sinclair  had  lately  iieen,  and  >hen  was,  desirous  of  i-;nK-i'hiu;  tin' >'oii- 
tract.     A  letter  Irom  Sinclair,  .iskin;.j  that  the  .oniri+tit  wiuriil  hi>.Ociii- 


Till::  AMTH 


'.m. 


.\|ipeiidix,  vol.  ii,  [i.  478. 


»id..  ;•.  i&k 


CASE    OF    GRKAT    BRITAIN. 


205 


,vVh].  was  plar-ol  in  tJie  hands  of  the  hiw-offieers  of  the   Crown  for 
NotlaiMl,  and  was  as  foUows :' 

LoN'l>oX.  Stplemhi  r  '2i,  H(>3. 

My  Dkai:  Sii;:  WIkmi  I  mailc  a  contract  with  you  in  Noveinhtr  last  ("or  tin-  iMiildinj^ 
l' ;i  stt'Uiii.>lii|'.  I  was  uinliT  thi"  ini|>i'f.ssion,  liavinjr  tak(Mi  it'y;al  advii'c,  tli  il  tluTf  was 
iiotliiii!:  ill  ''"■  '•'^^'  "'  J'^n^ilJiiKl  that  wonhl  jnnvfiit  a  Hiitish  snhjict  lri>!ii  hnildi!!;; 
•mi'h  a  vesst-l  for  any  t'lirfiirn  snhjcct  us  a  connncrcial  transaction.  Altlioiiuii  thi-  ri'- 
iciit  iltcision  of  the  conrt  of  cxi-in'((n('i'  in  thti  case  of  the  Ah-xandia  wonhl  sccni  to 
Mi>taiii  the  ojiinioii.  yet  the  evnh'nt  (h'terniination  of  your  y;overninent  to  yieitl  to  th<^ 
jiif>siire  of  tlie  I'nited  States  niiuiMter,  and  j»revent  the  sailiiiiiof  any  ves>cl  that  may 
1h-  >iisiwt<-<l  of  hein;i  the  jiroperty  of  a  citi/.«!ii  of  the  Confederate  States,  is  made  so 
naiiitVst  that  I  liave  eonehuh-d  it  will  he  hotter  for  nic  to  endeavor  to  close  that  con- 
tnict  ri-l'erred  to.  and  p>  where  I  can  have  more  lihernl  action. 

In  tlifse  ciri-ninstances  I  ilesire  to  jint  an  end  to  onr  transaction,  hy  your  rctnrnin;; 
nil'  till-  cotton  certiticates  which  I  delivered  to  account  of  price,  and  my  ram  illnj; 
ilifi'iiiitract. 

Till'  iiHTi-ast-d  value  of  shi)t]>in^  since  the  date  of  our  transaction  will.  I  have  no 
,;,iulit.ciiahle  you  at  onc<'  to  meet  my  wishes  in  this  respect.  I  shall  feel  mmli  olili<j;ed 
Sv  an  carlv  rejdv. 

(Sij;ned)  (i.  SINCLAIR. 

Kl>WAl!l>   I*KMIU:oKK.  Ksq. 

Oil  the  l(>tli  Doeeinlu'r  the  Pampero  was,  by  direction  of  Iler  Ma- 
jtstv's  };t>v»'rnnu'nt,  ."^vized  by  tin*  «'ollector  of  customs  at  (llji.sjiow.  jitid 
li^al  luocccdinji^  wi-rc  instituted  to  obtain  a  dec^uation  of  ftufcitnre. - 
Tlii'fiise  was  appointed  to  be  tried  in  Ajnil,  IHVA.  when,  no  dcfcn.sc  be- 
lli;'made,  a  Vi'rdict  was  entered  for  the  Crown,  timl  tlte  vcsst'I  was  de- 
(laicd  forf«'ited.  8he  remained  nnder  seizure  until  October.  ISO.'),  and 
was  tlieii  ;riveu  up  to  her  owners,  all  reasons  for  detainiiiji  her  beinj^ 
at  an  t'lid. ' 

THE   AMrniuN,  THE    HAWK,  THE   VIUGINrA,   THE    LOl'ISA    ANN    TANNV, 

THE  HERCULES. 

Ill  the  year  1S(I4  repn'scntations  were  made  by  .Mr.  Adams  to  Karl 
IJiissfil  res[K'ctin,:_'  two  vr.ssels  named  the  Amphioii  and  llau  U  :  and,  in 
till'  year  Isim.  respecting  three  others,  the  Virolniii,  tlie  Louisa  Ann 
I'aiiiiy,  and  the  Hercules,  all  of  which  In^  allej^ed  to  be  titling  out  in 
jMMtsot"  the  riuted  lvinj;dom  under  suspicious  circiimstanei's,  and  to 
i"' jtrobalily  destined  for  the  nav.il  service  of  the  Confedeiate  States. 
Ill  eacit  of  tlu'.se  cases  the  information  furnished  was  iminediately  traiis- 
iiiittttl  to  the  proper  departments  of  the  government,  and  carefnl  in- 
||iiiry  was  ntath'.  In  none  of  them  were  any  rea.soiiable  utounds  of 
Misiiicinii  found  on  examination  to  exist,  which  would  have  Justified  the 
xtMiitive  in  interfering:,  and  noiu^  of  the  suspected  vessels  were  evt'r 
111  tact  armed  or  u.sed  for  purposes  of  war.  The  dat<'s  at  which  Mr. 
Ailaiu.s's  representations  in  the.se  several  cases  were  respectively  tirst 
i't't'ived,  and  were  referred  for  iucpiiry,  were  as  follows: 

The  Autphiitn. — Heceivetl  March  IS,  1SG4;    referred  on  the  saute  day 
t«»  the  home  department.^ 
!''         *  TlnIIoirk. — Received  April  1<»,  ISOt;  referred  to  the  treasury, 
the  hoiue  department,  and  the  lord  advocate,  (the  law  <dlicer  of  the 
'  i«»uii  for  S.-..tUml,)  Apiil  IS,  ISOt.' 

Tlu  Vinjinia  ami  Lmtisa  Ann  Faniiij. — Received  .lanuaiy  30,  18G.j; 
rt'Hir»Ml  to  the  treasury  February  1,  ISd.')." 

Ihi'  Ihrvnhs. — Recci\ed  February  7,  IStjri;  referred  to  the  triMSury 
"i«l  to  the  home  department  February  S  and  i>,  ISfJo.  ■ 


'  A|t|>«>nilix,  voL  Ji,  p.  filL 

ll'id..  p.  r>-20. 

i'lid..  p.ii;«. 
'li'id..  pp.  :*G,  .^^7. 


•''Ihid  .i»p.  r)4:<.  .■>44. 

"Iiiid..  pp.  .')'.•:>.  r>y6. 

'Ihid.p.  :>0, 


26G 


THKATV    (IF    WASH1N'(;T0N. 


Ill  Jickiiowlcdfiiiif;  tlio  ret'cii)!  of  Mr.  Adams's  note  respectiiij;  tlif 
Iloiriih's,  Kail  HiissHl  wrote  as  follows: ' 

Jutrl  ]li(sxiU  to  Mr.  AdnmM. 

FoiiKKiN  Oii-fCK,  Fdiniarii  s,  ix;.-, 
Sii!:  I  Iiiivi'  received  your  letter  dated   tlio  7th  instiiiit,  and  delivered  at  the  i'oni;;: 
otlite  at    a   li'te   hiiiir  yesterday  ev(^niii;4-  after  tlie  elose  of  hiisiiiess;  luit  not   Iicin. 
iiiariied    iiiiirn  Hate,  it  did  not  come  under  the  notice  of  tlio  under-seertitary  of  stat" 
nntil  1  p.  ni.  to-day. 

'•'he  matter  shall  he  immediately  attended  to,  hut,  in  tlm  mean  time,  I  wish  to  rail 
your  attention  to  the  dates  of  the  1«  tiers  wjdeji  yon  inclose.  The  lirst  letter  of  tli. 
I'niteil  States  eoiisiil  at  l.iverpoi^l  is  dattMl  the 'J<1  instant,  and  alllrms  that  a  sliainn 
named  tlm  Hercules  is  litlin;;  out  in  the  Clyde  for  the  confederate  service,  mid  tliat 
this  vessel  is  to  he  ready  foi'  sea  in  eifjht  days.  The  second  letter  which  yon  traiiMnit 
to  nn>  is  dated  (ilas<row.  the  Ith  instant,  and  contains  further  information  respiH-tiii;,' 
this  vessel,  and  states,  moreov«'r,  that  the  trial  trip  is  to  take  ])lace  to-day. 

In  a  former  instance  1  was  ahle  hy  means  of  the  lord  advocate  to  proseciitcili. 
owrers  of  a  vessel  hnildini;  in  the  Clyde,  and  to  j^ct  a  veidict  entered  hy  coiisciii 
which  defeated  the  imriiose  of  the  confederate  aeert.  Hut  these  oiierations  mvc  v.i', 
(|nick.  and  unless  I  have  timely  notice  1  can  have  but  little  hoiics  of  stopping' tiit- 
net°ari<uis  transact  ions. 
I  have.  iVe., 
(Si^ne.l)  UrSSKLL. 

T\w  jitt<'iitioii  of  tlic  govermneiit  liadbeeii  directed  to  the  Ampliion 
and  JIawk,  i.nd  inquiry  made  resi»eetin;4'  tliem,  before  tlie  receipt  oi 
any  representation  from  Mr.  Adams  eoneernin};'  tlio.s«>  vcs.sj'ls.  A  vcs 
.s«'l  called  the  A.iax,  as  to  which  no  represcMitation  had  been  made  or  in- 
formation furnished,  but  which  was  suspected  by  some  of  her  crew  of 
beiiiii'  intended  for  the  confedenite  service,  was  examuu  d  and  sciiirlicil 
by  the  ollieers  of  cn.stoins  at  (^>ueenstowii,  and  afterward,  niidcr  in 
strnctions  from  the  K<>^''''""^*'"t,  by  tlie  colonial  authorities  iU  Niissun. 
She  was  not,,  however,  found  to  be  adapted  or  intended  for  warlike  use, 
and  was  never  applied  to  such  use. 

In  sending  inlbrinati(ui  to  Mr.  Adams  resi)ectin<;  the  Virf^inia,  Mi. 
Diidh-y,  in  a  letter  dated  the  L'Tth  January,  l.S(}.j,  wrote  as  follow.s:' 

Li'.e  the  Sea  Kiiiji,  any  steanu'r  now  destined  for  i)rivateerinn  fits  away  as  a  conimor- 
i'ial  vessel,  and  tliere  is  not hiii.<>'  about  her  movement  before  she  Iciivcs  jioi-t,  or  until 
within  a  few  hours  ot'  her  leaving;,  when  she  may  suddenly  chan;;);  owners,  aiulliii 
master  lie  ;i;iven  anthmiry  to  sell  at  a  o;i\  i-n  sum  out  of  British  waters,  to  create  any 
mistrust  of  the  |nir|i>ise  of  those  who  control  her  here. 

I'ndei'  such  a  mode  o.  open.tions  it  is  next  to  impossibh*  for  ns  to  jret  testiinony  in 
season,  and  snibt  ieiitl.N  sti(m,!j,  to  ask  for  their  detention.  The  only  course  Ict't  nir, 
theretbre,  is  Ik  lali  your  ,'Uter.tion  to  all  eases  otVerin;^  any  reasonable  jfround  of  Mb- 
picion,  and  Uam-  them  to  In   'lisposed  of  ,is  you  nuiy  deem  most  expedient. 

SIMMAKY. 

The  ju'ecedin^  statein<'Ut  of  fa<'ts  .shows  the  o'eneral  course  of  con 
duct  pursued  by  Her  Hritaniiir  Majesty's  o()vernm«'nt,  in  relatimi  tn 
vessels  alle^yed  to  be,  or  sns]H'eted  of  beiiio-,  httetl  out  or  jueparcil 
witiiin  r.rii-^h  t<'rritoiy  for  belliii'erent  u^e.  It  includes  all  the  cases 
(except  those  of  tlie  Florida  ami  Aial»!ima,  wliic^h  will  lie  presently  stiUcil 
in  which  intbiin  ition  thai  any  vessel  was  bein;;'  built,  ecpiipiied,  or  pro 
pared  for  .sea  in  any  Hritish  poi-t,  and  intended,  or  sUi)po.sed  to 'h' in 
tended,  for  warlike  u.se,  was  received  by,  ov  came  to  the  knowk'ilj;c ot. 
irer  Majesty's  <;overnineiit  before  the  departure  of  such  ve.s.sel. 

It  will  have  ln'cn  .Keen — 

1.  That  in  every  ease  din  ct  ions  weix>  given,  witluuit  the  least  tlokn- 
for  investij>ation  Jind  impiiry  on  the  spot  by  the  proper  i>tHeer8  of  pov 


i 


'  Apiiendix.  v(d.  ii,  p.  .')8'2. 
-Ibid.,  pp.  .">7.'),  oilO. 


•■•ibia.,  p.  r)9(i. 


CASE    OF    GREAT    RUITAIN. 


2G7 


iTiiinont;  an<l  those  ofticers  Wore  oidenMl  to  Ivcop  :i  wiitclitnl  eye  on  tlip 
siisi)('ct»'«l  vessel ;  and  tlie  directions  iind  orders  so  ••iveii  were  executed, 
li.  Tliat  in  some  cases  the  attention  of  the  jiovernnient  had  been 
f47]  (hreirted,  l)eforethe,*reeei|)tot  any  <'oniinuni<';iti(»n  Ironi  Mr.  A(hinis, 
'         to  vessels  as  to  which  then'  iippenred  to  be  },'round  tor  suspicion. 

.;.  Tiiat  as  soon  as  any  evidenco  was  obt.;i"e(l  it  was  submitted,  witli- 
oiit  (Icliiy,  to  the  hiw-otM(!ers  of  the  Crown  ;  and  they  were  called  upon 
to  advise  as  to  the  proper  course  of  inoceedinji'. 

4.  That  in  «^very  case  in  which  reasonable  evidence  could  l»e  obtained 
liie  vessel  was  seized  by  the  oflicers  of  the  j^overnment,  and  proceed- 
ing's were  instituted  aj^ainst  her  in  the  proper  court  of  law.  I>y  rea- 
soiiahlo  evidence  is  understood  t<'stini(Uiy  which,  though  n(»t  conclusive, 
otl't'iHl  Mevertlieles;4  si  reasonable  jnospect  that  the  jnoveinuHMit  mif»ht 
he  able,  when  the  time  tor  tryinj>'  the  case  should  arrive,  to  sustain  the 
^t'iziiie  in  a  court  of  law. 

."».  That  in  several  of  the  t-ases  in  which  a  seizure  was  made  the  j;'ov- 
ciiiiiiciit  tbund  itself  unable,  or  uncertain  whether  it  would  be  able,  to 
>iistaiii  the  seizure  by  sutlicient  evidence,  and  was  unth'i'  the  necessity 
(if  t'itlier  releasinj*'  tlie  vessel  and  paying  the  costs  of  the  trial  and  <le- 
tciitioii,  or  of  ])urchasin;;'  lu-r  at  the  public  expense. 

(1.  Tliat  in  ev«'ry  one  of  the  cases  <'nuiiieratcd  either  the  iuf(U-mation 
tiiiiiislicd  to  the  };"overnnuMit  jiroved  to  be  erroneous,  and  the  supposed 
(;/(/(V(V(  of  an  unlawful  intention  to  i)e  absent  or  (h-ceptive,  or  this  inteii- 
tiiiii  was  del\'ated  or  al)andoned  by  reason  «)f  the  measures  taken  and 
the  viffilance  exer<;ised  by  Her  Majesty's  ycnerumeut. 

7.  That  it  is  easy  to  infer  special  adaptation  for  war  from  jx'culiari- 
tics  or  siippose<l  peculiarities  of  construction  which  aic  really  e((uiv- 
iioal;  and  such  iiderences  are  liable  to  l>e  falhuaous,  espe(rially  in  cases 
wliiTc  the  vessel  is  c(nistructed  with  a  view  to  somtM'inploymciit  which, 
tlidiifrh  (;onnnercial,  is  out  of  the  ordinary  course  of  commerce. 

CASE   OF   THE   ANOLO-CHINESE   FLOTITXA. 

The  steady  determination  of  Her  Britannic  Majesty's  <jovornment' to 
Sii;inl  aiiainst  any  act  or  occurrence  which  nii;:;iit  l)e  supposed  to  cast  a 
iloiiht  oil  its  neutrality,  and  its  icadiness  even  to  yo  hcyoiid,  for  this 
|iiir|«is(',  the  strict  measure  of  its  international  oblijiatious.  were  exem- 
lililicd  ill  the  case  of  the  irou-clad  rams,  and  were  even  more  strikiii^i.N" 
>liii\vii  ill  that  of  the  llotilla  of  j^uuboats  eipiippcd  foi-  service  in  China. 

ill  March.  lS»iL»,  tlu'  Chinese  }i(>vernment  <;ave  authority  to  Mr.  Lay, 
iiispecttH' general  of  Chinese^  customs,  then  on  Ieav(^  in  I'^iijuhind.  to  piir- 
iliasi-aiid  eipiip  a  steam-Heet  lor  the  l*Jupi'ror's  service;'  and  a  sum  oi 
iiitiiicy  was  placed  at  his  disposal  for  the  purpose. 

Ml.  b;ty  :wcoi'din<j;iy  entered  into  an  a;^rcemeiit  with  Captain  Sherard 
'>NlM»rii.  ail  otticer  in  Iler  Majesty's  navy,  accordinj;  to  which  tiie  latter 
"lis  to  take  commaiid-in-chief  of  the  Ih'ct,  receivin}»"  oi'ders  from  the 
('iiiiicsc  government  through  Mr.  I^ay.  Her  ^laji'sty's  iioverninent,  by 
"itlci's  it)  tonncal,  gave  perniission  to  enlist  olUeers  and  men  tor  this 
-'•ivii'c. 

Ill  September,  IStJ.'^,  ('aptain  Sherard  Osbora  arrived  in  (,'liina  with 
ilif  llotilla,  consistinjj^  of  six  vessels  of  war.  These  were  the  IN'kiu, 
'  liiiia.  and  Keanj^-soo,  of  six  }>uns  ea<'li,  tlie  Kwanjitunj^  and  Tientsin 
't  t"iir  fiiuis,  and  the  Amoy  of  two,  the  Thule  'acht,  and  the  Hallarat 
^''I'csliip. 

'  Appondix,  vol,  ii,  p.  G81.  * 


' 


■i-'-;f 


IS: 

''  ■  -  Ci 

2G8 


TUKATY    OF    WASITINGTOX. 


alii-.:  ; 

Ml-':/' 


A  tlidii'n'iicp,  liowovor,  avow  lu'twtni  tl»e  Cliiiiose  govpriiiiKMit  on 
tlic  OIK'  .si(h',  iiinl  Mr.  Lay  and  ('aptaiii  Osboni  on  the  otlicr,  as  to  tlic 
coiulitions  on  \vlii<;li  (Japtain  Oshorn  was  to  hold  his  command;  and. 
this  ditrcifnci'  not  havinj;  bt'cn  adjnstod.  Captain  Oshorn  inlonncd  Sir 
F.  Hruc*',  Ih'r  Majcst.v's  minister  at  Pckin,  that  tlie  foreii  wonld  he  (lis 
haiiih'd.  He  aslvctl  at  the  sanu'  time  wlu'tlier  Sir  V.  llruce  saw  any  oli 
Jection  to  his  snrrcnderin;;"  to  the  Chin«'se  gov«'rnment  the  eij^lit  ships 
\vhi«'h  h<>  had  hronyht  ont.' 

Sir  F.  IJrnec  thereupon  informed  the  Chinese  y;overnment  andCap 
tain  Oshorn  (d' hiseonvietion  tliat  Iler  Majesty's  }>'overnment  would  iint 
liave  consented  to  the  orj^anization  <d"  this  powerfnl  sipiadroii,  unless 
on  the  nn(hMstandin^  that  it  was  to  he  phiced  nmh'r  tlie  orfh'is  of  an 
olhecr  in  whose  prndence  and  hi^h  (diaraeter  tliey  had  tnll  eonlid)  ikc. 
and  that  he  i-onhl  not  consent  t«)  the  ships  and  stores  heinj-  handed  over 
to  the  (Miinese  government  without  instructions  to  that  etVect  lioni  Her 
Majesty's  j;overnm«'nt.' 

Amonji'  other  reasons  tor  this  conrse  Sir  F.  Hruce  reported  to  lltT 
3IaJesty's  j^'overnment  that  tin*  sliips  wer»'  not  sncdi  as  tlie  Cliincsi' 
could  nnuiaj^e,  and  that  it  would  not  he  safe  to  sidl  tlu'iu  on  thccn.ist. 
as  they  nd^iit  fall  into  the  hands  of  hostile  daimios  in  .lapan,  or  Im' 
houyht  for  employment  as  (Mnifederate  cruisers  in  those  seas.-'  The  M- 
lowinj;'  letter  Irom  the  United  States  minister  at  iNdvin  to  Sir  1'.  I'.run 
shows  that  he  was  equally  alive  to  the  latter  danger: 


[4H] 


Mv.  liurVmijiimc  to  Sir  /•'.  liniri:^ 


E.icit.. 


til 


I'KKIN,  S'ontiihir'!,  l*ii:i. 

SiK:  Wlu'ii  tlio  Cliiiicso  fjttvonniK'iit  icfiisctl  the  doiims  of  its  ii;j;''iir,  Mr.  I.;iy,  aiiil 
tluTc  was  iiolliiiii;  left  for  t,'iii)tiiiii  Oshorn  hut  to  dissolve  tin'  foi'ci' of  the  lliiliil;i,  iIh- 
<|iii>stion  was  now  it  could  Im  done  with  safety.  I  fcart'd  that  the  ships  nii','!il  lili 
into  till'  haiiils  of  the  confederates,  who  arc  snpposed  to  liave  a^icnts  in  Chiii.i;  -am 
then  there  was  Iheconiinon  apjirehi'iision  t'rnni  lawless  nww  on  the  coast  in  llx' iiili'i- 
est  of  the  'raepinns  as  well  as  from  pirates,  and  the  desire  of  the  d.-iiinies  in  ,1:1111111  ;- 
]irocnrc  steamers  at  any  ]iricc. 

It'was  clear  that  the  Chinese  could  do  nothiii;;  of  themselves  with  the  st camels,  anil 
that,  unless  soniclhinj;  were  done  yon,  Ihey  would  ceiiainlv  fall  a  i)rey  tn  mn"; 
these  several  dan;fers.  In  my  solicitude  on  .account  of  the  reliels  in  my  own  c(iiiiiM\.  1 
made  an  earnest  protest  ajiainst  the  dclivi-ry  of  the  ships  to  the  Chines".  Ymi  i. 
spoudcil,  in  that  spirit  of  comity  which  has  ever  distiii;j;uishcd  oiu  relations,  thai  iL'' 
siiips  should  lie  t.'ikcn  hack  to  Kn;;land,  and  that  no  elfiut,  on  your  )iart  sliiiiilill» 
s)iareil  to  ))rcV4'nt  them  froiii  taking  a  tlircction  against  the  interess  of  my  cdiiiiliv. 

Thouffh  siihse(|ucnt  events  made  it  necessary  for  the  ships  to  tak  ■  the  ilin'i'liuii  im!: 
«'atcd  l>.y  the  desire  of  the  Chinese  themselves,  still  I  shonhl  he  waiiiin;^  in  appn'ciaii" 
of  your  conduct  did  1  not  mark  it  with  my  most  heartfelt  thanks,  and  at  as  caih  ; 
]H!ri(id  as  jtossihh'  hriii^  it  to  tho  uttciitioii  of  my  (lovernmeiit. 
I  have,  Ac, 
(Signed)  .\.  in'KLIN(i.\Mi;. 

It  was  eventually  Jirrangetl  that  (^iptain  Oshorn  s.jould  send  iiartot 
the  Uotilla  to  Englaiul,  take  the  other  portion  to  Boiwhay,  iind  sell  tlum 
all  on  account  of  the  Chine.se  f;()vernment. 

Captain  ()sl)orn  accordin^^ly  took  three  vessels,  the  Kean^'-soo,  li 
guns,)  Ivwangtung,  (4  guns,)  and  Amoy,  (2  guiM,)  and  the  dispatdi 
boat  Thulc,  to  llombav,  where  he  arrived  in  J  iiiuarv,  1>S(!1.'  At  lii> 
reqiu'st  the  g(>vernment  of  India  took  charge  «  f  the  vessels  and  tlic 
military  stores  on  board  of  them,  and  he  th, ;.  pioceeded  to  l']M,ulaii't. 
where  he  arrived  in  February.    The  rest  of  the  flotilla,  consisting  ot'tlif 


'  Appendix,  vol.  il,  p.  ii&i. 
-•  Ibid.,  !»,  im. 


a  Ibid  ,  1),  <W1). 
<  Ihid.,  i>.  Cyj. 


CASE    OF    (IREAT    HKITAIN. 


2(J9 


III'  iiiii'i- 
:i|i;ili  :>' 

UTS,  anil 
II  mil' "! 
iiuiiir\,l 
Yiiii  i< 
lliiii  \i'' 
IiomIiIIi 
iiiiili) . 
lion  imi 

ICI  lilli" 

IS  I'iiih  .1 


(iAMK. 

part  I'f 
•11  tlifiii 

■soo,  'i 
spatcli 
At  lii> 

I  ml  tlif 

:iij-laml. 

<>■  of  tilt' 


IVkin  and  China,  (G  guns,)  the  Tientsin,  (4  guns,)  an«l  tlio  HiiUarat 
stort'ship.  wore  sent  to  Knglaml,  where  they  arrivecl  in  April.' 

On  the  first  intelligence  of  tlie  arrangement  made  with  the  (>liinese 
..'ovcrmiieiit  lor  disposing  of  these  vessels  in  India  and  lOnglaiid,  a  letter 
was  addressed  by  the  foreign  oHiee  to  the  atliniialty,  India  ollice, 
;,iiil  colonial  olVn-e,-'  stating  that  the  ''vessels  are  e.mh'rstood  to  he  fully 
I'tiuipped  for  belligerent  purposes,  and  ller  Majesty's  government  are 
, it  opinion  that  it  is  incumbent  upon  them  to  take  any  precaution  that 
may  U';,'ally  be  within  their  power  to  prevent  them  from  passing  in  their 
iiiesent  state  into  the  hands  of  any  power  or  state  engagtul  in  hostility 
with  another  power  or  state  in  amity  with  Her  Majesty.'' 

It  was  theielbre  desired  "that  the  attention  of  the  naval,  colonial,  or 
Imliaii  authorities,  both  at  home  and  on  any  station  abroad  within  Iler 
Majt'stv's dominions,  where  the  vessels  nuiy  be  expected  to  l»e  met  with, 
>lu»ultl  l)e  ealletl  to  the  necressity  of  taking  such  measnres  iis  may  be 
li-pilly  within  their  power  in  furtherance  of  the  views  of  Her  Majesty's 
oiiveiiiiiieiit  in  this  matter;  and  specihcally  as  regards  Captain  ()sborn, 
who  is  an  otlicer  in  Her  Majesty's  naval  ser\ice,  that  he  should  be  point- 
nlly  laiitioiied  against  disposing  of  any  of  the  vessels  to  be  used  in  the 
naval  service  of  a  belligerent  power.*' 

t>ir  F.  Ihuce,  at  Pekin,  and  Sir  H.   I'arkes,  at   Shanghai,  were  in 
stniited  to  make  a  similar  comnumication  to  Captain  ()sborn,  in  case 
tli.'.t  ollicer  was  still  in  China  when  the  dispatch  reached  them. 

hi  anticipation  of  these  instrimtions  Commodore  Montn'sor  'had 
warned  Captain  Osborn  on  his  arrival  at  Houjbay  against  selling  the 
vessels,  and  had  joined  with  the  governor  in  remonstrating  against  any 
iitrenipt  to  sell  the  Thule,  which,  as  being  an  unarmed  dispatch-boat, 
ilid  not,  in  Captain  Osborn's  opinion,  come  within  the  same  category  as 
the  armed  vessels,  but  which  the  two  former  oUicers  considered  open  to 
oHjcetion,  as  having  been  eiiuijjped  for  naval  service,  and  cai>able  of  be- 
in;:  adapted  in  some  degret^  to  belligerent  purposes.' 

The  TUule  was,  notwithstanding,  advertised  for  sale  in  l>ond)ay  on 
tlu'  Kitii  of  February,  after  Captain  Osborn's  departure;  but  thegovern- 
iiicnt  of  liombav  forbade  the  sale.  Orders  were  sent  from  home  iu 
April  to  permit  the  sale  of  the  Thule,  but  to  retain  the  other  vessels, 
(are was  also  to  be  taken  that  the  Thule  was  not  eijuiitped  ;,s  a  vessel 
iif  war  for  either  of  the  belligerent  |>arties  in  America.' 
Tile  sale,  however,  (lid  not  take  i)Iace. 

ti'l        *The  three  armed  vessels  sent  to  Englaiul  arrived  in  April,  and 
wen'  moored  in  Woolwich  do(;k-3  ard.    The  ISallarat,  l)eing  merely 
astoie  ship,  did  not  come  under  the  custody  of  the  government,  and 
was  sold. 

The  ailiiiii'alty  refused  to  archase  the  vessels  for  the  government; 
Hid  it  was  settled  that  the}'  siioidd  be  placed  at  moorings  in  the  IVIed- 
way,  and  there  retained  until  the  objections  to  their  sale  might  be  re- 
iiiiived,  and  that  any  expenses  incurre<l  by  this  course  should  be  defrayed 
'y  Her  .Majesty's  government.^ 

hi  the  meanwhile  Captain  Osborn,  learning  that  it  was  not  the  inten- 
iion  of  the  government  to  purchase  the  vessels  left  in  charge  of  the 
liiiiubay  authorities,  wrote  to  ask  peruiission  to  relieve  himself  of  all 
iisponsihility,  by  substituting  a  mercantile  firm  at  l{ond)ay  as  the 
ii;'i'nts  to  carry  out  Sir  Frederi<;k  Brnce's  instructions  for  the  sale  of  the 
Vessels  on  account  of  the  Chinese  government.'* 

The  matter  was  referred  to  the  law-otiicers,  who  reported  that  the  sale 


'A|ipciiitix,  vol.  ii,p.700. 
■Ilti(l.,p.  ()f<4. 
'  Ibid.,  p.  695. 


*r.»i»l.,pp.700,703. 
»lbi(l.,  p.  701. 


270 


TRKATY    OF    WA8llIX(STON. 


iiii 


within  I  [or  MaJ«'st.v\s  doiiiinioiis,  own  to  a  lu'llijifiToiit  power,  of  iiinihl 
siiips  ot  war,  alroaily  loKii'lV  t'<inipp«'<l  witli  a  view  to  a  lUllorciit  uhjcii, 
mulor  Ilcr  Slajost.v's  license,  woulil  n«)t  be  ilW'^fal.  The  torei;fii  cniisi 
iiieiit  act  (lid  not,  in  their  opinion,  proh'ibit  sn(;li  a  sahs  Her  .M;iie.st\\ 
^jovi'rnnuMit  hatl  tiierelbri!  two  alternatives.  It  nii};ht,  on  the  one  liand, 
inl'orin  (/aptain  Oshorn  tliat  it  did  nttt  inteipose  any  ol>jectiiin  tn  in, 
selling;  tlie  vt'ss(^ls  to  any  person  or  in  any  way  tiiat  lie  n»i;4:iit  thinU  ijt; 
such  sale.  (provid(>d  no  a«hlition  were  made  toth<>ir  eipiipiiienis  or  iiimj 
tare,  lielbre  delivery  to  the  piUithaser,  lor  the.  pnrposes  of  any  helij^)  ivnt 
power)  heinji'  in  no  waiy  contiary  to  law.  If,  on  the  other  liiind,  the 
yt)vernMient  wvw  not  prepared  to  take  this  eonrse,  it  was  nioially  UoiiihI 
to  take  npon  itself  the  responsibility  from  which  Captain  Osbnrn  (Icsiivd 
to  be  freed. 

Captain  Osborn,  the  admiralty,  and  India  oilice  were  thereupon  :i|i 
inised  tiiat  Her  Majesty's  {.jovernment  (-onld  not  at  present  saiMtimi  tin 
sale  of  the  vessels  in  India,  but  was  prepared  to  take  on  it. sell'  the  i, 
sponsibility  of  di'tainin}^  the  vessels  in  (piestion  nnsohl  until  furtlm 
onlers.  A  similar  communication  was  made  to  thetJhinesejuovenmu'iit. 
through  Sir  F.  I>ru(!e,  with  the  assurance  that  the  Chinese  jjoverimiciu 
should  not  ultimatelv  lose  the  valiu'  of  the  vessels.' 


An  offer  was  made  in  December,  I-SIJI,  by  .Messrs.  Ritherdon  tS:  Tli 


()iii|i 

son,  to  purchasi^  the  thre«!  vessels  in  Kn;;land  on  b«'halfof  a  forei>;ii  j-(j\. 
ernment.-  They  were  informe<l  that  a  written  ^iiiaraiitee  would  he  n 
ipiired  from  the  representative  of  the  power  for  whom  the  vessels  ini^ln 
be  purchasctl,  that  they  w«)uld  not  be  used  for  warlike  i)urposes  njfaiihi 
any  power  with  whom  the  (^ueen  was  at  peace, and  that  the  ^iovcnuiitut 
reserved  to  itself  the  rij;ht  of  refusinj"',  without  }j;ivinj!:  any  ren.suii.  td 
sell  the  vessels  when  the  nanu'  of  the  prim;ipal  in  tlie  transaction  should 
be  disclosed.  Tlie  ne}j;otiation  wasdnjpped.  Overtures  were  also  imuli 
iu  1.S(m  by  Mi'ssis.  Uakt^  tx  Co.  to  buy  the  vessels  for  the  j^overniiii'iit  oi 
^lexico,  but  these  also  failed. 

A  comuiitlcc  appointed  to  assess  tin'  value  of  the  vessels  atf" tlic  tiiiit- 
they  hit  <'liina  valued  them,  with  the  concurrence  of  Captain  Oslioiii. 
at  JL^l. ")!',. ~)0(»,  and  Mr.  Wade  was  instru<'ted  to  inibrm  the  Chinese  j:ov- 
ernnieul  that  the  a<liniralty  woidd  be  intrusted  with  tln^  sale  of  tliciii. 
that  the  ann)unt  ri-ali/A'd  would  be  transmitted  to  the  Chinese  <;(iv('iii 
juent,  and  any  loss  upon  the  orijiinal  vabu'  of  the  ships  would  lie  iiiadi 
jiood  by  Her  Majesty's  government.  The  admiralty  was  at  tlie  .saiiif 
time  a^ain  cautioned  against  the  sale  of  the  ves.sels  eithei- diicctly  nr 
indiicclly  to  any  state  or  body  of  persons  at  war  with  a  state  in  aiiiiiy 
with  Her  .Majesty.' 

In  .lune,  1S(m,  tlu' civil  war  in  Anu'rica  havin<^  come  to  an  end,  tin 
rcstricticnis  on  the  sale  of  the  vessels  were  withdrawn  ;  but,  from  the 
delay  and  conse<|uent  deterioration,  the  [trice  realized  fell  far  short  oi 
the  orij;inal  estinmtc. 

The  jidvernuient  of  I'^fi'ypt  purchased  the  three  vessels  in  Knji'laiitl  lor 
£.'50,100.  Of  the  four  vessels  left  at  IJombay,  the  j;-overnnu'nt  of  Imlia 
purchased  two  tor  iil4,r»00,  from  w hich,  h(»wever,  a  sum  of  jC(!,.'i7(i  ii;i'l 
to  be  <ledu(!ted  lor  dock  yard  expenses.  A  sum  of  £ll,lir)0  was  iciiii/.til 
by  the  sale  of  tlu^  twt)  remainin;;'  vessels  ;  smd  the  balance  of  jClO.t.dJ'i 
was  provi<led  by  a  parliamentary  j^jrant,  and  paid  over  to  the  Chiin'SL' 
government.* 

The  ffuns  and  munitions  of  war  on  board  the  vessels  had  been  pro 
cured  from  Her  Majesty's  government,  and  they  were  taken  back  hy  the 


'ApiH'iidix,  vol.  ii,  p.  704. 


Ibid. 


710. 


"■Ilml.,  i»i>.  71'.i-714. 


'  Ibid. 


721. 


C'AHK    OF    (»RKAT    lUMTAlN. 


271 


military  aiiMioritics  in  lOii^flaiHl  iinil  Iiulia,  iiiul  tlio  lunoniit  roiiiittnl  to 
tli(("liiii<'s«'  jLCovcninu'iit. 
Sir  Krcilcrick  nnicc,  writing;  in  DcummiiIkm',  l.Sd."),  IVoiii  Wasiiiu^itoii,  to 
aific  a  si»'('(iy  .scttlonu'iit  of  tlie  ('JiiiM'so  claim,  salt!,  "I  iriay 
:,0i  iiM'iitioii  tliat  tlit'ii'  is  no  douUt  that  a;,'<''its  •of  tlir  <'oiilV(U'ratt'S 
Wi-rcoii  tlu'  !(*oiv  out  to  pincliasc  tin'  nioic  powt-rfnl  vt-sscls  of  tin' 
iidrou  IVoin  the  ('liincsc,  had  they  bfj-n  left  in  tht'ir  hands,  anil  it  is 
ally  certain  thai  lln^  Chincso  wonid  have  sold  these  v«'ssels  as  hein;;' 
iiiiteil  to  them.  It  is  not  dillicnlt  to  eonjeetnre  what  wonId  hav(^  luM'n 
till' (licet  on  onr  relations  with  this  ;;oveiinnent  had  any  of  these  vessels 
hccii  turned  into  confederate  crnisers.  It  wonId  have  been  impossihh; 
[(.(lisahusc  this  j;(tvernnu'nt  and  i»eo|)lc  of  the  idea  that  the  tlotilla  was 
adti'p  laid  scheme  to  snpply  the  c()nfetlerates  with  aiiotlicient  sqnadron 
ill  tlic  Pacilic.' 

AimI  Mr.  Adams,  in  a  note  to  Lord  Clarentlon  of  Decemher  L'S,  18(15, 
mi  tlio  same  subject,  wrote  as  follows:-  "  In  a  conversation  which  1  Inul 
till' lioiuir  to  hold  with  youi-  |)redecossor,  the  IJi^ht  Honorable  Karl  Itus- 


.(|ii 


nil 


on  the  L'."»th  of  l''<'brnary,  1S(»4,  }  ac(|uitted  myself  of  what  was  to 
me  a  iiKist  afjreeable  duty,  of  si«>iul'vin;4'  to  Her  ^lajesty's  jjovornnu'nt 
tlic  lii;,'li  sense  enlcrtained  by  that  which  I  have  the  honor  to  represent 
111  tilt'  friendly  proceedinj^s  of  Her  Maj»'sty's  envoy  in  China,  Sir  Fred- 
dick  Brace,  in  re<;ard  to  the  disposition  to  be  nuide  of  the  vessels  then 
kiidwn  as  the  Osboru  Flotilla." 


I 


'Ai»in'ii(lix,  vol.  ii,  It.  7lH. 


-Ibid. 


719. 


IMAGE  EVALUATION 
TEST  TARGET  (MT-S) 


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1.25 


;i  1^  1 2.0 

111= 

U    ill  1.6 


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Hiotographic 

Sciences 

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23  WEST  MAIN  STREET 

WEBSTER,  N.Y.  14580 

(716)  872-4S03 


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272 


TREATY    OF    WASHINGTON. 


U-'V 


|51] 


*PART  IV. 


fir  ^ 


CONSIDERATIONS  TROPER  TO  BE  KEPT  IN  VIEW  BV  THE  ARRlTRATOnS'  IX 
REFERENCE  TO  THE  CASES  OF  THE  FLORIDA,  ALABAMA.  GEORGIA,  AND 
SHENANDOAH. 


Paki"    IV.— I  lit  hi- 
viuttory  staleiiifnt. 


In  considering?  the  facts  about  to  be  presented  to  tiie  tribunal  relative 
to  the  four  vessels  which,  after  havin<»-  been  orijuinally  pro 
cured  from  British  ports,  were  employed  as  <'onfiMlerari' 
cruisers  in  the  war,  it  is  right  that  tlie  arbitrators  should  bear  in  iiiiinl 
the  following  propositions,  to  some  of  which  their  attention  has  already 
been  directed  in  an  earlier  part  of  this  case : 

1.  The  ]»owers  possessed  by  Her  Majesty's  government  to  prohibit  or 
prevent  the  fitting  out,  arming,  or  equipping  within  its  jurisdiction  of 
vessels  intended  for  the  naval  service  of  the  Confederate  States,  or  the 
departure  with  that  intent  of  vessels  specially  adapted  within  its  Juris- 
diction to  warlike  use,  were  powers  delined  and  regulated  by  the  statute 
or  act  of  rarliameut  of  July  3,  1810,  (the  foreign-eidistment  act.) 

2.  The  modes  of  prevention  provided  by  tlie  statute  were  two,  of 
which  both  or  either  might  be  adopted  as  might  be  deemed  most  ex 
pedient,  namely,  (1,)  the  prosecution  of  the  offender  by  information  or 
indictment;  (2,)  the  seizure  of  the  ship,  which,  after  seizure,  miglit  be 
prosecuted  and  condemned  in  the  same  manner  as  for  a  breach  of  the 
customs  or  excise  laws  or  of  the  laws  of  trade  and  navigation. 

,'3.  The  persons  empowered  to  seize  under  the  provisions  of  tlie  statiiti' 
were  any  oflicers  of  customs  or  excise  or  of  ller  Ala jesty's  navy,  who  by 
law  were  empowered  to  make  seizures  for  forfeitures  incurred  under  the 
laws  of  customs  or  excise,  or  of  trade  or  navigation;  and  the  seizure 
was  to  be  made  in  the  same  manner  as  seizures  are  made  under  tliosi- 
laws. 

4.  The  customs  ollticers  were  not  empowered  by  law  to  make  a  seizure 
until  an  information  on  oath  should  have  been  laid  before  theuj.  Xoi. 
without  such  an  information  on  oath,  had  any  magistrate  jurisdiction 
under  the  provisions  of  the  statute. 

5.  After  a  seizure  made,  it  was  by  law  necessary  that  proceedings  for 
the  condemnation  of  the  vessel  seized  should  be  instituted  in  the  court 
of  exchequer  and  brought  to  trial  before  a  jury.  In  order  to  obtaiu  ;i 
condemnation  it  was  necessary  to  prove  two  things : 

(rt.)  That  there  had  been  in  fact  an  equipping,  furnishing:,  littiiigout. 
or  arming  of  the  vessel,  or  an  attempt  or  endeavor  so  to  do,  or  ;iii 
issuing  or  delivery  of  a  commission  for  the  vessel,  within  the  dominion!* 
of  the  Crowu ,; 

(6.)  That  the  act  had  been  done  with  intent,  or  in  order,  that  the  ves 
sel  should  be  employed  in  belligerent  operations  as  described  in  tiie 
seventh  section  of  the  statute. 

C.  By  proof,  in  a  British  court  of  law,  is  understood  the  production 


CASE    OF    GREAT    BRITAIN. 


of  evidence  snfficiint  to  create  in  the  mind  of  tlie  jinlge  or  jury  (as  the 
ease  may  be)  a  r«\jsonal)le  and  delil)erate  l)cliet',  such  as  a  reasonaltU' 
jH'ison  would  be  satisfied  to  act  upon  in  any  important  concerns  ol'  his 
own,  of  tlie  trutli  of  tiic  fact  to  be  proved.  And  by  eviiU'iice  is  under- 
stood the  testimony,  on  oatli,  of  a  witness  or  witnesses  procluced  in 
ojit'ii  court,  and  subjeet  to  cross-examination,  as  to  faints  witliin  liis  or 
their  jiersonal  knowledj^e.  Testimony  which  is  mere  hear.-  ay,  or  as  to 
the  existence  of  common  reports,  however  prevah'Ut  and  iiowever  {i'en- 
traliy  credited,  or  as  to  any  matter  not  within  the  knowhMlye  of  the 
witness,  is  not  admitted  in  an  Knjjjlisli  cdurt. 

7,  in  tlie  Judgment  of  Her  JJritanni(;  Majesty's  goveinnient,  and  in 
that  of  its  otlicial  atlvisers,  tlie  special  a(hi[)tation  of  a  vessel  to  warlike 
use  was  among'  the  acts  prohibited  by  the  statute,  i)r(>vided  there  were 
suflieient  proof  of  an  unlawful  intent,  although  the  vessel  might  not  be 
actually  armed  so  as  to  be  cai)able  of  immecliate  employment  for  war. 
But  no  court  of  law  had  pronounced  a  decisicm  on  tins  point,  and  the 
(|ae.stion  was  never  raised  before  any  sudi  court  until  the  trial  of  the 
ease  of  the  Alexandra  in  1803. 

Her  Britannic  Majesty's  government  now  proceeds  to  state  for  the  in- 
iormatiou  of  the  tribunal  the  facts  relative  to  the  cases  of  the 
['>'!]  Florula  and  Alabauia.  It  may  be  here  *remark<'d  that  when 
these  cases  were  brought  to  the  notice  of  Her  Majesty's  govern- 
ment, and  up  to  the  tinu'  of  the  departure  of  the  Alabama  from  Liver- 
pool, there  had  been  no  instance  from  the  commencement  of  the  war 
ot  a  vessel  ascertained  to  have  been  litted  out  in,  or  dispatched  from, 
any  British  port  for  the  purpose  of  engaging  in  hostilities  against  the 
L  nitcd  states.  The  oidy  vessel  to  wliicli  the  attention  of  Her  Majesty's 
,:ovciiinient  had  been  directed  before  the  Florida  had  i)roved  to  be  a 
bloeicade-runner. 

It  iiia.\  be  a<lded  that  the  claims  for  the  interference  of  Her  .Afajesty's 
,1,'overmiient  in  the  case  of  these  and  other  vessels  were  baseil,  aeeording 
to  the  statenuMit  of  Mr.  Adanis  in  his  letter  to  Earl  IJussell,  «lated 
Oetober  !>,  18'L*,  on  evidenee  considered  by  him  to  "apply  directly  to 
iniiingements  of  the  municipal  law,  and  not  to  anything  beyond  it."' 

'  Appendix,  vol.  i.  p.  "iKi. 


13  A 


274 


TREATY    OF    WASHINGTON. 


.).) 


•==PART   V. 


STATEMENT  OF  FACTS  RELATIVE  TO  THE  FLORIDA. 


:-%- 


pakt  v.-Th-  Oil  the  lOtli  Fcbniiiry,  1802,  Earl  Kiissoll  received  liom 
'^'""•''  ]\[r.  Adams  the  following;  note  and  iuelosure : 

Mr.  Jdums  to  Earl  liiissell.^ 

Lkgatiox  or  tiik  Umtko  Stah.s. 

Lomhu,  J'lhniarji  I-'.  \-{yi. 

My  LoiJT) :  I  liavo  tlio  honor  to  siibiiiit  to  your  coiisidcratioii  tlic  copy  of  an  cxtraci 
of  a  letter  addressed  to  uie  by  tlie  eoiisiil  of  tlit^  United  Sjtates  at  Livei'iiool.  fiojiiijtd 
show  the  i)rei)aration  at  tliat  port  of  an  armed  .steamer  evidently  intended  fur  hosiili. 
operations  on  the  oeean.  Fi'om  the  evidenee  fiirnisiied  in  the  names  of  the  iicrsnns 
stated  to  he  coneerned  in  her  eonstrnction  and  outlit,  I  (sntertaiu  little  doiil>t  tliiit  tiic 
intention  is  jireelsely  that  indicated  in  the  letter  of  the  eonsul,  the  earryinj;-  on  wiii' 
ajiainst  the  Inited  States.  The  parties  are  the  same  which  disi»atehed  the  IJernnulii. 
laden  with  contrahand  of  war  at  the  time,  in  Au}j;n8t  hist,  when  I  had  thi'  hoMunil' 
calling'  your  lordshl])'s  attention  to  her  ]iosition,  which  vessel  then  succeeded  in  rim- 
uing  the  blockade,  and  which  now  apin'ars  tt)  be  about  again  to  de[»art  on  a  liiic 
errand. 

Should  further  evidence  to  sustain  thc^  allegations  resjtecting  the  Oreto  beheld  mci's- 
sary  to  etl'ect  the  object  of  securing  the  interposition  of  Her  Majesty's  governnu-iit.  1 
will  make  an  elTort  to  procure  it  in  a  more  formal  luanner. 

(Signed)     '  CIIAKLES  FRANCIS  ADAMS. 

[IiicliKSurc.] 

Mr.  Diidhy  to  Mr.  Adams, 

UxrrKD  Stati'.s  CoxsiiAri:. 

Lirtrpool,  i'dinntrii  17,  I'lW, 

Silt :  The  gun-boat  Oreto  is  still  at  this  jiort.  She  is  nniking  a  trial  triji  in  tin-  river 
to-day.  No  ainianient  as  yet  on  board.  She  has  i>nt  u])  a  second  smoke  slack  ^ilH r  1 
wrote  you.  She  therefore  has  two  liiiinels.  three  masts,  and  is  bark-rii:ged.  I  iim 
nowinformed  that  she  is  to  carry  eight  ritled  cannon,  and  two  long  s\vi\  cl-;;ini-i  mi 
pivots  so  arranged  to  rake  both  fore  and  aft.  No  jiains  or  expense  has  l)cen  spinril  in 
her  construction,  and  when  fully  arimd  she  will  be  a  formidable  and  danuciiius  ciiiti. 
In  strength  and  arnniment  (piite  ei|Ual  to  the  Tnscarora :  so  I  should  judne  iVoui  wliiii 
I  learn. 

Mr.  Miller,  v  ho  built  the  hull,  says  he  was  employed  l»y  Fawcett.  Ficston  iV  (n.. 
and  that  they  own  the  vessel.  I  ha\e  obtained  information  from  man.\  dili'irtiit 
sources,  all  of  which  goes  to  show  that  she  is  intended  for  the  southern  confederacy. 
I  am  satisfied  that  this  is  the  case.  She  is  ready  to  take  her  arms  on  lioard.  1  laiimii 
leain  whether  they  aie  to  be  shipi>ed  here  or  at  some  other  iimt.  Of  eouise  she  is  in- 
tended as  a  ]trivateer.  When  she  sails,  it  will  be  to  burn  and  destroy  whatever  >1m 
meets  with  bearing  the  American  Hag. 

The  Herald  sailed  for  Chailestou  on  Saturday  last ;  Captain  Coxeter  went  out  in  liir. 
The  liermnda  will  sail  this  week. 
I  have.  &c., 
(Signe.l)  H.  DrDLEV. 

Vnitvd  <!>7«/<vt  t.wml 


'  Appendix,  vol.  i,  i».  I. 


CASE    OF    GSEAT    BRITAIN. 


275 


p.  S.— Tlio  ji,iiii-t'iuriiijjps  for  tho  Oroto,  I  li.ivo  jn.st  leariipd,  wero  taken  on  board  on 
Fii<liiy  nijilit  last,  in  a  roni;li  jstatf,  and  taken  down  into  tlir  liold.  Frascr,  'Prcnliolni 
ii  Co.  liavc  made  advances  to  I'aweett,  I'reston  &  Co.,  and  Miller,  the  bnilder. 


11.  D. 

A  foi'tiiiji'ht  iK'foie  tho  «liite  of  ]Nrr.  Adaiiis's  li'tttM',  Mr.  Diullev,  in 
wiitiiiji' to  Mr.  Seward,  liiul  niiMitioiit'tl  the  Oivto.  lie  tlicii  said,  "  In 
my  last  two  dispatclics  1  calk'd  attention  to  the  iron-.screw  .steam  .n'lui- 
boiit  Oieto  or  Oretis,  beinj"- built  at  Liveriux)!,  luid  litted  out  by  Faw- 
cctt,  Preston  &  Co.  vShe  is  now  taking  in  her  ("oal,  and  appearances 
indicate  tliat  she  will  leave  here  the  latter  part  of  tliis  week  witliont  her 
aiiiiaiiieiit.  The  i)robabilities  are  site  will  run  into  some  small  port  ami 
tiilcc  it  and  ammunition  on  board.  This  of  itself  is  somewhat  suspicions. 
Tlu'V  pretend  she  is  l)nilt  for  the  Italian  jn'overnment,  out  the  Italian 
consul  here  inlbrms  me  that  he  knows  nothinj;'  about  it,  an<l  has  no 
kiiowledj^e  whatever  of  any  vessel  beiiii^-  built  for  his  ji'overnment. 
Tlici'c  is  much  secrecy  observed  about  her,  and  I  have  been  unabh^  to 
;i't  anythino-  definite,  but  my  imi)ressions  are  strouj;'  that  she  is  intended 
for  the  .soutiiern  confedera(!y.  1  have  cominimicated  my  impressions 
and  all  the  facts  to  Mr.  Adams,  our  minister  in  London.  She  has 
\')i]  one  funnel,  *three  masts,  bark-rio<;»'d,  eijiht  port-holes  for  oims 
on  each  side,  and  is  to  carry  sixteen  {i'uns." 

]\[r,  Atlams  had  not,  previously  to  his  note  of  the  ISth,  made  any  com- 
munication iespectin«>'  this  ves.sel  to  Her  ^Majesty's  in'overnnu'iit. 

lininediat(!ly  on  the  receipt  of  Mr.  Adam.s's  in)te  and  inelosnre,  (-opies 
of  both  were  sent  to  the  secretary  to  the  treasury,  accompanied  by  the 
folhtwitiy  letter  sioii(>d  by  Mr.  Hammond,  one  of  the  under  secretaries 
of  state  for  foreign  affairs  :' 

FuiM'.KiN'  Oi'i'ici:,  rihniurji  19,  lsG'2. 

Siu:  I  aai  dii(!eti'd  1>\  Earl  Russell  to  transmit  to  yon  a  copy  of  a  letter  from  Mr. 
Ailiiiiis.  iiu'losinji'  an  extraet  of  a  letter  from  tlie  I'niteil  .States  eonsul  at  Livcipool,  in 
which  !ie  ealls  attention  to  a  steam-vessel  called  the  <  )ieto,  reported  to  he  littinn'  out 
lit  Livciitool  as  a   southern   privateer;  and  I  am  to   retiuesf   that  you  will   niovi;  the 


I'onnnissioners  of  Her  Majesty's  tieasnry  to  eausi;  immediatt^  ini|niiies  to  he  made! 
'tiii^-  this  vessel,  and  to  take    such  stents  iu  the  nuitter   as   may   be    light    anil 


[ilojicl'. 


mi,  A:(! 


I 

(Signed) 


E.  HAMMOND. 


Earl  Kn.s.sell  on  the  same  day  acknowledji'ed  the  re(!eipt  of  Mr. 
Adams's  note  and  inclosure,  and  stated  (as  the  fact  was)  that  he  had  lost 
IK)  time  in  communicating' with  the  pro[>er  departnu'ut  of  government 
on  the  subject. 

The  eommissioiuM's  of  customs  were  instriu'ted  to  inciuire  and  report 
upun  the  matter;  and  on  the  -4th  of  F(d)nniry,  IStJi',  the  secretary  to 
the  treasiuy  transmitted  to  Mr.  Ilammond  their  re[)ort,  which  was  as 
follows :'' 


ClsToM-Hiti  si;,  F(l)r 


iKiri/  '^i 


is; 


Vour  lordships  havinfx  referred  to  us  tli<'  annexed  letter  from  Mr.  IlMnimond.  trans- 
initliMir,  hy  desire  of  Earl  l^lss(•lI.  eopy  of  a  lettei'  from  Mr.  Adams,  inclosin;!-  an  ex- 
Had  <il'a  eoonnnnii'ation  from  the  I'nited  States  eonsul  at  Liverpool,  iu  which  he  calls 
iittfiition  to  a  steam-vessel  called  the  Oreto.  reported  to  lie  littini;-  out  at  Eivci|(0(d  as 
iisiiiuiicrn  iM'ivateer,  ami  requesting  that  immediate  in(iniri<'s  nniy  he  made  ies[icctin;j 


till 


s  vessel, 


W 


c  report — 


Tiiat,  on  the  receipt  of  your  lordsliips' reference,  wo   forthwith  instructed  our  col- 
Wtdrat  Liverjiool  to  make  in(piiries  in  reijard  to  the  vessel  Oreto,  and  it  appears  froi 


hi: 


report  that  she  has  hetMi  built  by  Messrs.  Miller  A  Sons  for  .Messrs.  Fawcett,  Frestou 


II..  eu;;nieers,  o 


fL 


(d,  and  is  intended  f<U'  the  use  of  Messi.s.  Thomas  Ihovhers, 


"t  I'alermo,  one  of  that  lirm  haviuj^  fre<iuenllv  visited  the  vessid  duriu;L;  the  i)rocess  of 
iMiildi 


iig. 


'  Appendix,  vol.  i,  p.  2. 


-Ibid.,  p.  2. 
* 


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27(5 


TREATY    OF    WA.SIIIXGTON 


The  Onito  is  jiierced  for  four  ■i;nns;  but  slic  lias  ns  yi't  tjikcii  iidtliiiiif  on  honnl  luit 
toiils  and  ballast.  Hlic  is  not,  at  jtrcsciit,  tittcd  for  t!ic  rccf|ition  of  i^nns,  nor  aii'  lii. 
bnildrrs  awaio  that  she  is  to  bo  sniiplicd  with  <rniis  wiii'  ■  siic  rcniMins  in  this  foiiiitiv 
Tlif  cxiMMiso  of  Iicr  construftioii  lias  bcon  paid,  and  she  lias  been  Iiandcd  over  j, 
M»'ssis.  Fuweett  &  Preston.  .Messrs.  Miller  &  Sons  state  their  belief  tinit  iier  desiin,i' 
tion  is  I'alernio,  as  they  have  been  ve(jnested  lo  reeoniniend  a  master  to  tal«'  lur  ti. 
that  jMirt,  and  our  eoUeetor  at  Liverpo(d  states  that  ho  has  every  reason  to  l)elieve  tlmi 
th(;  vessel  is  for  tlio  Italian  government. 

W't'.  be;^-  further  to  a(hl  that  special  directions  havt;  been  j>;iven  to  the  ol'licers  at  Liv- 
erpool to  \vat<^li  the  movements  of  the  vessel,  and  that  we  will  not  fail  to  nqxtrt  forrli- 
\\  itii  any  eirenmstances  which  may  occur  worthy  of  your  lordships'  eoirni/ane(>. 
(Signed) 

TIIO.  F.  FHKMANTLE. 
(iKKNVlLLE  V  .  L.  JJKliKKLKV. 

The  reports  wliicli  tlie  coinniissioiiers  of  customs  had  received  fidHi 
their  ofticer.s  tit  Liveri)ooI  were  as  tolh)\vs : ' 

Mr.  Edwurdx  to  the  commimonern  o/citntoms, 

LiVKHi'OOT.,  Fchnmrii  21,  Wri. 
HoxoitAiii.K  Silts:  The  builders  of  the  vesstd  Oroto  are  Messrs.  Miller  »V  Sons.    .M. 
Miller  is  the  eiiief  surveyor  of  tonnaj^e.     J'.y  their  note  inclo.sed  the  vessel  is  corrcit!'. 
d'scribed,  and  I  have  evt^ry  reason  to  believe  that  she  is  for  the  Italian  governiiitnt 
and  not  I'or  the  confederates. 

It  will  be  seen  by  the  note  of  the  surveyor,  Mr.  Morjjan,  which  I  annex,  that  as  yet 
she  has  nothing  in  her,  so  that  the  information  furnished  to  the  government  is,  so  ini. 
ineoirect. 

Sjieeial  directions  have  been   given  to  the  ofticers  to  oliserve  the  movements  of  tin 
vessel,  so  that  ■whatever  takes  ]dace  can  b(!  made  known  to  tlui  board  at  any  time. 
IJespectfully,  «S:c., 
(Signed) 

S.  PKICE  EDWAlfDs, 

Mr.  MiJhr  fn  ^fr.  Edwards. 

LiVKin-oor.,  Fchrunri/'U,  \^l\-l 
Silt:  "We  have  built  the  dispatch-vessel  Oreto  for  Messis.  Fawcelt,  rreston  iV  Co.. 
engineers,  of  this  town,  who  an;  the  agents  of  Messis.  Thomas  Mrothers,  of  I'.iicniH.. 
i*)V  whose  us(i  the  vessel,  Ave  understand,  has  been  binlt.     She  is  pierced  for  four  uiin^: 


[o5J 


she  has  taken  nothing  whatever  on  board  except  coals  and  ballast;  she  is  ia  in 


Avay  titted   f(U'  the   recei>tion  of  guns,  as  yet;  nor  do  wo,   know  'that  slic  is  ii 

have  guns  while  in   England.     Mr.  Thomas,  of  the  lirm   at  ralermo.  frc<iiii'atl,\ 
visited  the  slup  whih;  she  was  being  built. 

Wi!  hav(!  handed  her  over  to  the  engineers,  and  liave  been  paid  for  her.  Acconliii^ 
to  the  best  of  my  inlbrniation  the  present  destination  of  the  vessel  is  I'aleiino;  and  wi 
have  been  asked  to  recounnend  a  master  to  take  her  out  to  Palermo. 

I  renniin,  «.Vc., 

(Signed)  T.  MILLER. 

Mr.  Morgan  to  Mr.  Edwards. 

FUBUUAKY  21,  18H-2. 
Siu:  Ibegio  state  that  I  have  inspected  the  Oreto,  now  lying  in  Toxteth  Dock 
agreeably  with  your  directions  issued  to-day. 

She  is  a  splendid  steamer,  suitable  for  a  dispatch-boat  ;  pierced  for  guns,  lint  lias  imt 
any  on  board,  nor  are  there  any  gun-carriages.  Coals  and  ballast  are  all  that  the  liolil- 
contain. 

Respectfully,  &c., 

(Signed)  C.  MORGAN,  CoUcclor. 

A  copy  of  the  report  of  the  commissioners  of  customs  was  sent  on  tlic 
2(»th  February  by  Earl  Russell  to  Mr.  Adams. 

Her  Britauuic  Majesty's  minister  at  Turin  was  directed  to  iiiqiiirt' 
whether  the  vessel  was  intended  for  the  use  of  the  Italian  governiuoiit: 
and,  on  the  Ist  March,  18G2,  he  telegniphed  as  follows  :  "  Kicasoli  tells 
nie  that  he  has  no  knowledge  whatever  of  the  sliip  Oreto,  but  will  cautie 
inquiry  to  be  made."^ 


'  Appendix,  vol.  i,  p.  159. 


2  Ibid.,  p.  3. 


CASE    OF   GIJKAT    BKITAIX. 


277 


5*9 


Up  to  this  time  no  iiif'onnatioii  wluitoxer  tending-  to  prove  tliiri  the 
vessel  WAS  inteiHlod  for  l)elli<;«'rent  nsehjid  Imhmi  obtiiiiiod  b.v  Mr.  A<hinis 
(ir  was  possessed  by  Her  Majesty's  K<)veniiiieiit.  She  liiid  been  built 
for  ii  Liverpool  firm  of  engineers  an<l  iron-foninlers,  and  was  stated  by 
tlip  builders  to  be  for  the  use  of  a  lirm  at  raleniio,  a  member  of  whieh 
liiriisclf  a  native  of  Palermo)  was  known  to  haveotten  visited  her  while 
biiikling.  She  was  {>.  -ced  for  guns,  but  not  fitted  for  the  reception  of 
tliem,  and  had  none  on  board.  J5eyon<l  this  ]Mr,  Adams's  note  and  Mr. 
Dudley's  letter  contained  only  va<;ue  hearsay  and  conjecture. 

No  further  infornmtion  couhl  be  obtaine<i  by  ]\Ir.  Adams,  or  was  re- 
ceived by  Her  Majesty's  government,  up  to  the  time  of  the  sailing  of 
the  ship. 

On  the  3d  March,  1802,  the  Oreto  was  registered  at  the  port  of  Liver- 
pool, in  the  name  of  "  John  IL'nry  Thomas,  of  Liverpool,  in  tlie  county 
of  Lancaster,  merchant,"  as  sole  owner  tlwreof.  The  declaration  made 
b\  tlie  said  John  Henry  Thomas  at  the  time  of  registry  was  as  follows:' 

Official  ntimbir  of  nhip,  44,lifl() ;  datv  of  rcyhfry,  March  '.},  1862. 


General  description  of  sbip. 


Xiinie  of  ship.  ;     British  or  foreign  built. 


Port  of  rejristry.  How  propelled. 


\i^i 


Oreto  , 


British  Ijnilt  at  Liverpool 
in  1801. 


Liverpool. 


Screw. 


Nniiibcr  of  decks Two. 

Xniiiher  of  masts Three!. 

l'ii;;,'L'd Sehooner. 

.Stem Elliptic. 


Build Ciuvel, 

Galliuies None. 

Head Shield. 

Eraiue-work Wood. 


MKA.SUHKMKNT.S. 

Feet.  Xouths. 
Length  from  the  fore  [)art  of  stem,  under  the  bowsprit,  to  the  aft  side  of  the 

Iliad  of  the  stern-post 18o  '2 

Main  breadth  to  outside?  jdauk '^8  ;{ 

IVpth  iu  hold  from  tonnuf^e-decdv  to  ceilinjv  iit  midships K5  7 

Tf>XXACii:. 

No.  ()(  tens. 

Tiiiiiiai^e  under  tonnage-deck 410.  41 

Closed-in  spaces  above  the  tonnage-deck,  if  any,  viz  : 

Space  or  spaces  bctw(!en  decks 

I'lPOp 

liiiiiiid-house 

Other  inclosed  s])ace8,  if  uuy,  naming  tlieui 


Gross  tonnage 410.  41 

liediiction  tor  bpace  required  for  propelling  power '.>:{!.  !)0 

Registered  tonnage 178. 51 


I-ingth  of  engine-room , fil  feet. 

Number  of  engines 2 

Coinbiued  power,  (estimated  horse-power,)  number  of  horse-power  ..     200 

[''^]  *I,  the  nndersigned,  John  Henry  Thomas,  of  Liverpool,  county  of  Lancaster, 
merchant,  declare  as  follows  :  I  am  a  natural-born  British  subject,  born  at  Paler- 
i"o,  ill  the  island  of  Sicily,  of  British  parents,  and  liave  never  taken  the  oath  of  allegi- 
•iiice  ti)  any  foreign  state.  The  above  general  description  of  the  sli'p  is  correct.  .Tames 
Alexander  Dugnid,  whoso  certificate  of  competency  or  service  is  No.  4073  is  the  master 
"t  said  ship.  I  ain  entitled  to  be  registered  as  owner  of  sixty-four  shares  of  the  said 
^'iip.    To  tlie  best  of  my  knowledge  and  belief  no  person  or  body  of  persons  other  than 

'  Appendix,  vol.  i,  p.  10. 


278 


TUEATY    OF    WASHIXfiTOX. 


B 


T' 


¥-9 


.sii(;li  jK'rsoii.s  or  iMidit's  of  ^icr.sons  as  arc  l»j'  tlit)  mcri'liaiit-sliipiiin^'  a(.'t,  l"-.")t,  (|ii,ili(inl 
to  l>t!  owners  of  lintisli  sliips  is  t-iilith'd,  as  owner,  to  any  interest  wliatever,  clfli,.! 
le;;al  or  henelieial,  in  tlii^  said  sliip.  And  I  make  tills  solemn  declaration  consiiiii- 
tiouslv,  liclievinf;  the  same  to  )jt!  true. 

(Sifrned)  JOHN  H.  THOMAS. 

Maile  and  Hiihseribcd  the  Ist  day  of  Miucli,  IriO'J,  by  tins  above-named  .lolni  Ihnrv 
Thomas,  in  the  presence  of 

(Sigiiwl)  J.  C.  .lOIIXSTONE,  .Ti;., 

liVf/infrar  of  Shippiii;/,  I'lirt  of  Linrpni)!. 

Oil  tlie  4tli  ^Nrarcili,  isn2,  rlie  Orcto  was  (tlcarod  from  tlic  ollico  of  ens. 
toins,  Liverpool,  for  I'alcrmo  aii<l  Jamaica,  as  appears  from  iicr  vie. 
tualirig-bill,  of  which  the  following  is  a  copy:' 


Fid  Kill  ill  {/-hi  II. 
.     (Jrantcd  number,  [ilfiS.] 


Pilot, 

roUT   OK    LiVl'.Itl'OOr,.— OlUOTO. 

l?ondod  and  drawback  stores  in  tins  .    Janu-s  A.  Dnp;nid,  master,  for  Pnlenim 


and  .Janmica.     ilcn,  o^;  pusscnyers  or  troops, 


•;  17;:?  tons. 


Spirits,  foreign : 

]\*Mm 

lirandy 

(ieneva 

Other  spirits,  not  sweetened  . . . 
►Spirits,  IJritish  or  pl.mtation  : 

Kum 

Gin 

Whisky 

Other  spirits,  not  sweettsncd . . . 

Wine 

Wine,  (for  drawback ) 

Peer,  (for  drawback) 

'\'ine<;ar 


.per 


L  ca . 


Colfeo 

C'otfec,  roasted,  (for  drawltack) 


jocoa . 


C'ocoa-]>aste 

iSnj^ar,  relincd 

Sii^ar,  (lor  dra\vba(dv) 

Sn<i;ar,  nnrefincd   

Snyar,  nnrclined,  (for  drawback). 
Suicar,  bastard,  (for  drawback)... 

Molasses 

Tobacco,  (for  drawback) 

Tobacco,  nefj;ro-hcad 

Tobacco,  roll 

Snjjars 


l»er  hnndred 


fiallon., 

,do 

.do , 

.do , 

.do , 

.<lo 

«h> , 

.do.' 

.do , 

.do 

.do , 

.b> 

r]»onn<l.. 
.do 

do 

do 

.do , 

weight., 
.do 


Net  (luantities  taken  on  lioanl. 


.per 


do 

do 

<lo 

do 

pound. . 
do 


l'ei»p( 

Kaisins per  hundred 

Currants 

] 


IJ-S 


Prnnea 

IMums 

Sundries 

Surplus  stores 


.do 

-do 

.do  .... 

weight., 

.do 

-do 

.do 

do 

.do 

.do 


2  cam^s  ;  i"i4  gallons. 
10  eases  ;  20  gallons. 


8  cases  ;  Pi  gallons. 

1'2  cases;  '■i'.iy.l  gallons. 
20  cases;  40  gallons. 


3  (•hests.  r>  canisters ;  2A0  Ib.s. 

4  bags  ;  (140  lbs. 


1  barnd  ;  1  cwt.  S  lbs. 

f;I'""%    h:5cwt.  ^(irs.l-Jll... 
3  barrels  S 


3  boxes;  63  Ib.s. 

2  boxes;  10  lbs. 

12  boxes;  2  cwt.  1  qr.  20  Uis. 
11  jars  ;  2  cwt.  1  i[V.  18  lbs. 


(Signed) 


-,  1862. 


Examined. 
Cleared  March  4. 


J.  MUDIE,  Searcher. 

,  Collector. 

SAMUEL  WAKEHAM,  Broker,  17  Park  Lane. 


'  Appeudix,  vol.  1,  p.  8. 


CASE    OF    GHKAT    BRITAIN. 


270 


Tiic  iibc)v<>  victiiiiliiift'  bill  is  in  the  nsiial  form,  printed   with  bl.'inks 

t(»  hv  filled  up  iH!(U)rdinj;'  to  the  fiicts  in  each  ease.     TiM>  blanks 

;,")7|      toUowiny  the    words  •' passcn^^'ers    or   *{ro()ps''   and    tlu^    word 

'•jniiis,"  respectively,   are  «'(pii\ah'nt  to    a  statement   that   the 

vessel  had  on  board  no  i)asscn;i'ers  or  troops  and  no  j;niis.     The  words 

'•ITS  tons"  dcnott!  tlit^  rejj,istered  tonnafi'e  of  the  ship. 

It  may  be  <!onvenient  here  to  explain  brieHy  what  is  meant  by  the 
words  "rcfjistry  "  and  •'clearaiKie,"  and  what  are  the  dnties  of  the  olH- 
(crs  empowered  to  re<;ister  shii)s  and  of  the  oHlcers  of  the  customs  in 
rospcct  to  ji'rantin;"' clearances. 

liciiistiy  sii^nilies  the  i-ecordinj;,  in  a  book  kei)t  for  that  i)nrpi)se,  of 
till'  name  of  a  ship  which  thii  owner  desires  to  have  reco<;nized  as  a  IJrit- 
isli  ship,  touether  with  certain  particulars  composing  a  general  descrip- 
tion ot  the  ship. 

The  elfect  of  registry  is  to  entitle  the  ship  to  use  the  Biitish  tlag  and 
assume  the  liritish  natiomd  character.  The  conditions  necessary  for 
otitaiiiing  a  registry,  in  the  case  of  a  ship  not  already  registered,  are  the 
production  to  the  registrar  of  ji  certihcate  by  the  buil«ler,  in  a  form 
Itrcscribed  by  law,  and  of  ii  declaration  (also  in  a  prescribed  form)  that 
till'  ship  is  IJritish-owned. 

It  is  not  the  duty  of  the  registrar  to  rpiestion  or  asciertain  the  accuracy 
of  either  the  buihler's  certiti(!ate  or  the  declaration  of  ownership.  As 
a  ministerial  ollicer,  he  is  bound  to  accept  them,  if  tendiu-ed  to  him. 
For  false  statements  in  the  <;ertil!cate  the  buihhM-  is  liable  to  n  penalty  ; 
and  for  making  a  willfullj^  false  declaration,  the  owner  is  liable  to  be  in- 
dicted for  a  misdemeanor  ami  to  forfeit  his  interest  in  the  shio. 

in  (ireat  Britain,  as  in  the  United  States,  the  law  does  not  [fositively 
miuire  the  registration  of  any  vessel.  Hat  the  disadvantages  and  dis- 
al)ilities  incurred  l)y  omitting  to  pnxMire  it  are  practiijally  sutlicieut  to 
make  the  registration  of  British-owned  f    ips  universal. 

The  register,  though,  in  ordinary  ipiestions  arising  urnhM-  municipal 
law,  evidence  of  the  title  of  the  person  registered  as  owner,  is  not 
conclusive  in  a  ipiestion  arising  between  other  parties,  nor  is  it 
'it'cessarily  sujlicient  proof  of  the  national  (diaracter  of  the  ship.  A 
transfer  to  a  foreigner,  at  sea  or  beyond  seas,  of  a  registered  IJritish 
ship  is  sullii(!ieut  to  (diange  its  ownership  and  the  nationality  (»f  the 
vessel,  though  not  followed  l)y  any  registry.  The  law  of  registry  is  a 
Itiut  of  tin;  law  by  which  British  trade  and  navigation  are  regulated  for 
liseal  and  other  i)urposes;  and  a  ship  is  registered  as  liiitish  on  the 
voluntary  declaration  of  the  person  claiming  to  be  owner,  without 
fui'ther  proof. 

The  number  of  vessels  which  were  phiced  on  the  registers  of  the 
various  jxirts  of  the  United  Kingdom  in  the  year  1870  was  1,043,  of 
which  070  were  built  within  the  United  Kingdom. 

Clearance  sigiulies  the  Hnal  otlicial  aiit  by  which  the  proper  officer 
id'  customs  notifies  that  all  has  been  done  which  the  law  reipures  to  be 
done  before  the  departure  of  ship  and  cargo.  It  is  purely  for  customs 
purposes,  the  main  objects  being  to  protect  the  revenue  and  to  secure 
statistics  as  to  the  numl)er  of  ships  and  quantity  of  mercliandise  entering 
and  leaving  British  ports.  As  there  are  in  ordinary  times  no  restrictions 
or  duties  on  the  export  of  articles  of  any  kind  from  the  United  Kingdom, 
no  rigid  inspection  is  exercised  by  the  customs  authorities  over  the  gen- 
eral nature  of  the  goods  shipped  on  board  vessels  in  British  ports.  The 
attention  of  the  authorities  is  mainly  directed  to  the  shipment  of  those 
articles  on  which  an  exemption  from  import  duties  otherwise  payable, 
or  a  remission  of  import  duties  already  paid,  is  claimed  on  the  grouml 


280 


TIIKATY    OF    WASHINGTON. 


I'M 

r\!.' 


of  tlit'ir  exportation  abiosul.  The  object  of  tlu'  inspection  is  to  iiscci. 
tain  that  the  f;(»o(ls  of  this  nature  stated  to  be  tlius  exported  are  \vn\\\ 
shippe<l  and  carried  away  on  board  the  vessel.  The  ajjents  who  .sliip 
.sucii  ;;()ods  fnrnishtiu?  customs  department  with  statements,  in  theloim 
of  sinppinji  Itills,  of  the  amount  and  mitnre  thereof,  and  it  is  the  duty 
of  tlie  exaniininji'  ollieer  to  ascertain  that  tlu'  packages  phiced  oii  hniiill 
the  vessel  corresp(»nd  with  these  statements.  Ueibre  starting;'  on  liis 
voyage  the  nuister  of  the  vessi'l  is  bound  to  i)roduce  a  paper  called  a 
content,  yivin^'  the  number  and  description  of  any  packaj^-es  ol'  mcr 
chandise  shi|)ped  on  board  on  which  exemption  from  or  remission  of 
duty  is  claimed,  but  merely  specifying'  any  other  articles  as  "  siuidiy 
packaj^es  of  free  jn«)o«ls.'  The  nnisrer  has  also  to  produce  a  victnalinii- 
bill,  enunieratinj;'  tlu^  amoinit  of  stores  liable  to  duty  (such  as  tea, 
spirits,  tobacco,  and  the  like)  which  he  has  shipped  for  the  use  of  his  crew. 
These  papers  are  compared  with  tht^  sliippinj;-bills  and  certilicatts 
already  in  the  possession  of  the  customs  authorities,  and  if  they  arc 
found  to  tally,  a  label,  sij^ned  ami  sealed  by  the  examininf^  ollieer  and 
collector,  is  allixed  to  the  victualinji-bill  and  certificates,  and  these 
papers  are  delivered  to  the  nnister  as  his  clearance. 

it  is  true  that,  for  statistical  purposes,  theaj^ents  to  the  master  of  the 
vessel  are  recpured  to  furnish  to  the  customs  department  a  list,  called  a 
nninifest,  };ivin^"  the  number  and  desciription  of  all  i)acka}4es  of  yoods, 
whether  liable  to  duty  or  not,  shipped  on  board  the  vessel,  and  the  ship- 
piufi'  agents  or  «'xport(U\s  are  also  re(piired  to  furnish  spe(!ili(;ations()l'all 
goods,  described  by  the  master  on  his  content  as  "sundry  i)ackaj;es  of 
free  j;oods,''and  subse(piently  further  described  in  hisnianifest;  hut 
f5S]  the  law  does  not  recpiire  that  these  *i>articulars  should  be  yiven 
before  the  vessel  sails  ;  it  is  complied  with  provided  they  be  fur- 
nished within  six  days  after  she  has  ch'ared. 

I'icviously  to  the  year  18(;7,  no  penalty  was  attached  by  law  to  tlio 
departure  of  a  vessel  for  foreign  i>orts  without  a  clearance,  provided 
she  was  in  ballast  and  had  on  board  no  stores  except  such  us  were  tVt'c 
or  had  paid  duty.  Since  that  date,  however,  clearance  has  been 
required  in  these  as  well  as  in  other  eases. 

A  clearance  may  not  be  granted  until  the  master  of  the  ship  lias 
declared  the  nation  to  which  he  aflirms  that  she  belongs;  and  a  siiii» 
attempting  to  jMoceed  to  sea  without  a  clearance  may  be  detained  nntil 
such  a  declaration  has  been  nuide.  The  ollieer,  however,  cannot  (pit's- 
tion,  or  re(]uire  proof  of,  the  truth  of  the  declaration.  As  to  the  desti- 
nation of  ships  sailing  from  the  United  Kingdom,  the  ollicers  of 
customs  have  little  or  no  means  of  ascertaining  this  beyond  the  intoi- 
nmtion  which  the  nuister  or  owner  gives  on  entering  outward.  It  IVe- 
(piently  haiipens  that  a  vessel  entered  outward  for  a  specified  destina- 
tion changes  her  jourse  when  at  sea  and  jiroceeds  to  a  different  destina- 
tion.    There  are  no  means  of  preventing  this. 

The  number  of  vessels  clearing  from  ports  of  the  United  Kingdom  in 
the  course  of  the  year  is  very  great.  In  the  year  1870  the  nuiiilier  of 
clearances  granted  was  li(KJ,0;31 .  Of  these'13,214  were  for  vessels  sailinj; 
from  Liverpool  and  17,0.'}7  for  vessels  sailing  from  London. 

On  the  21id  of  March,  l.S02,i  the  Oretosailed  from  Liverpool.  Her  master 
was  James  Alexander  Diiguid,  a  master-mariner  residing  at  Liverpool, 
and  the  person  named  in  the  above  declaration.  Her  crew  were  hired, 
as  appears  from  the  articles  signed  by  them,  for  a  voyage  from  Liver- 
pool to  Talermo,  and  thence,  if  required,  to  a  port  or  i)orts  in  the  Medi- 
terranean Sea  or  the  West  Indies,  and  back  to  a  final  port  of  discharge 

1  Appeudix,  vol.  i,  p.  161. 


1 


CA!ii:    OF    (ilMCAT    hHlTAIN. 


?M 


ill  tlio  ITiiitcil  fvinydoni,  tlic  term  not  to  cxcinl  six  nioiitlis.  They  were 
not  enlisted  in  the  service  ot  tlie  ('ont'e''.eiiite  Siiites;  and  it  is  eleai', 
11(1111  wiiat  siiliseqnently  occuired  at  Nassan,  that  tli«'y  Inid  no  intention 
whatever  of  enteiin;^' tliat  seiviee,  and  had  at  the  lime  ol  sailinj;'  no 
kiiowledj^e  or  snspicion  that  the  vessel  was  intended  to  \n'.  emidoyed  as 
a  cenl'ech'rate  ship  ol'  war. 

The  snbjoined  statements,  made  in  the  month  ol"  AnjinsI,  1S(»l',  i'or 
the  inlV.rnnition  of  tlie  eommissioneis  of  customs  and  of  Her  Majesty's 
lidveriiment,  by  otlicers  of  the  <Mistoms  at  Ijiverpool,  an<l  l)y  tlie  i)ih»t 
wiio  t(»ok  the  Oreto  ont  of  the  Mersey,  fnrtiier  show  what  was  the 
coiitlition  of  the  vessel  at  the  tinn!  of  her  dei)artnre,  and  the  piccaii- 
tious  taken  in  respect  of  her:' 

Slatcmeiit  of  Mi\  Ktbcard  Moiguii, 

I  am  one  <•(' llic  siirvc_v(irs  of  custoins  at  this  jtoi't ;  i)iir,siiiiiit  to  iiistnict  ions  I  re- 
ceived IVoiii  tlm  collector  on  tlie  ylst  of  l'el»niiiiy  in  tlie  ]iresellt  .veilf  liml  ;it  -illise(|ilelit 
(hilos.  I  visited  llic  stciiiiier  t^relo  at  various  times,  when  slic  was  liciiiji;'  fitted  out  in  tlie 
(Imk,  close  to  tlieyanl  of  Messrs.  Miller  ».V  Sons,  tlie  Iniilders  of  tin;  vessid,  F  eontiiiiied 
tills  iiispeclion  from  time  to  tiiin.'  until  slnt  left  the  docdc,  and  I  am  eritain  that  wIkmi 
>lic  lift  the  river  she  had  no  warlike  stores  of  any  kind  whatever  (ni  iioard. 

After  she  went  into  the  river  she   was  constantly  watched  by  the  tioaidin;;-  ollicers, 
wild  were  directed   to  report   to  nu'  whenever  any  jjoods  were  taken  on  lioard,  tint,  in 
iiplv  to  inv  fr(U(in'nt  inquiries,  they  stated  nothing  was  )iut  in  th"  ship  Imt  coals. 
(Siji'ned)  KUWAIU)  MOKCAN,  ,V(uiTi/«r. 

Sltiliinviil  of  Mr.  Ilcnyij  I.Ioi/d. 

Ill  e()nse(|iiciic(^  of  instructions  received  from  Mr.  Morj;aii,  surveyor,  I,  in  conjunction 
with  tile  other  three  surveyors  of  the  river.  ke])t  watch  on  the  ])iMcee(liinj;s  of  the  ves- 
velOivto  from  the  time  she  left  the  Toxteth  I)o(dv,  on  the  4tli  March  last,  till  the 
liay  she  sailed,  the  'J">d  of  tht^  same  month.  On  one  occasion  I  was  alongside  of  hei', 
:iii(l  spoke  to  Mr.  Parry,  the  pilot,  and  the  chief  mate.  Neither  I  nor  any  of  I  lie  other 
liver  sill' veyors  saw  at  any  time  any  arms  or  warlike  ammnnition  <>f  any  kind  taken 
oil  hoard,  and  we  arc  perfectly  satistied  that  none  such  was  tal:en  on  lio.ud  dmiiif;  her 
>fay  ill  the  river. 

(Siffned)  IT.  LI/)Y1J,  fJxamin'nitj  Officer, 

Slatrmciit  oil  oath  of  Mr.  WiUUtm  Parry. 

I  was  the  ]tilot  ill  (diar^e  of  tlie  ship  Oreto  when  she  left  the  Toxteth  Dock  on  the 
tth  March,  IHii-J.  I  eontinn(>d  on  l)oar<l  to  the  day  of  her  sailinj;-,  which  was  the  "itJd 
iif  the  same  month,  and  never  left  her  save  on  .Sunday,  when  all  work  was  suspended. 

1  saw  the  ship  heforo  the  eoals  and  provisions  were  taken  into  her;  Iheri!  were 
[•'lO]    no  munitions  of  war  in  her — that  is  to  say,  she  had  no  jrnns,  *carria,!:;es,  shot, 

shell,  or  powder ;  had  thert*  heen  any  on  hoard  I  innst  have  seen  it.  I  piloted 
ilieship  (Hit  of  the  Mer.sey  to  I'oiiit  Lynas,  off  Anj;lesea,  where  I  hd't  her.  ami  slie  pro- 
leiiled  down  the  channel,  since  which  sluihasnot  returned.  From  the  time  the  vessel  left 
die  river  until  I  left  her  she  h<dd  no  eomninnication  with  the  shore,  or  with  any  other 
Vessel,  for  the  purpose  of  reeeiviiij:;  anything-  liki^  caij;;o  on  hoard.  I  frciinently  saw 
Mr.  hloyd,  the   tide   surveyor,  alonysidt;  the  shii>  while  in  the  river. 

(.Si!,rned)  WM.  PARRY. 

Sworn  before  me,  at  the  custom-house,  Liverpool,  this  'iWd  August,  IHfi'ii. 


(Sij,'ned) 


S.PRICE  I:DWARI)S,  Collector. 


On  the  2Glli  March,  1802,  Earl  Russell  received  from  Mr.  Adams  a 
iiotr  dated  the  previous  day,  which  contained  the  following-  pas.sage : 

It  i.s  with  ffieat  ndnetance  that  I  am  drawn  to  the  conviction  that  the  r(>])resenta- 
tioiis  made  to  ytiur  lordship  of  the  purposes  and  destination  of  that  vescl  were  delu- 
sive;  and  that,  thoui^h  at  lirst  it  may  have  been  intended  for  service  in  Sicily,  yet 
that  such  an  intention  has  loni;'  bt^en  aliandoned,  in  fact,  and  that  the  pretcMise  lias 
lieeu  held  up  only  the  better  to  conceal  the  true  object  of  the  parties  enjiiiged.  That 
"hjt'ct  is  to  make  war  against  the  United  States.      All  the  persons  thus  far  known  to 


li  41 


''*.  'If''" 


'  Appendix,  vol.  i,  p.  34. 


ahid.,  p.  4. 


2S2 


TRKATY    or    WASIIINOTpy. 


4 

4 


m 


(, 


1h«  miisf  ciiiiin'c'icil  witli  til'-  midiTliikin;;  arc  cither  difcctly  I'lniiloyi'd  liy  llic  insin-- 
{•ciits  ul'  till'    I'li'lcd   StiitcH  (>r  AiiiciicM  di'    rc-<idciit.s  1)1"  (irciil    Mriliiiii,  imliii  kmisI 
Hyiii|iiilliy  witli  ,'iiid  ^iviii;;  aid  and  cuiiilni  I    In  I  liciii  on  tliis  side  of  tlw^  wal 


y  III 


cl'. 


!\Ir.  Adiiiiis  |»r()(!t'(Ml('(l  lo  ciilinf;*'  on  tlio  diHSiitisfucfioii  It'It  in  fhc 
United  Stiitcs  ill  tlic  circninstiincc  tliiit  lln'  tnuh'  witli  l>lockihlt'<l  |Mii'ts 
Mns(iis  he  iill('y»'(|)<'lii('tly  <'iiiri('(l  on  IVoni  (li"«'iit  Uritain  iin<l  In'i'dcpciid- 
♦Micics,  and  that  tliis  was  ixuinittt'd  or  not  prevented  by  Her  Majesty's 
••overnMient.     IT*'  added: 


'I'll 


c  (inly  III  iiiirmiis  in  amity  witli  carli  otlicr  would  scciii  to  he  \)\:\\\\   nof  to  siill'i' 


tlicir  ;;'OHd  faiili  In  Itc  violated  li.\  ill-ilis|i(ised  persons  within  their  hinders,  niereiv 
iVoint'ie  iiieiiiiMi'y  oi"  their  inohiliitory  policy.  Such  is  fli(^  view  which  my  ;;ii\erii. 
nieiit  has  liecii  disposed  to  take  of  its  own  ol>liy;ations  in  similar  cases,  and  sneh  it  ddiihts 
not  is  that  ol'ali  lorcii;ii  eations  w  ilh  whii  h  it  isat  peace.  It  is  Cor  that  reason  I  depiei;iii. 
till!  inl'crciice  I  iiat  may  hcdrawn  from  the  issue  <d'  the  invest i;^'atioii  whicii  your  ii)i(lslii|) 
••aiiscd  til  Ite  inadc!  in  the  case  of  the  Orcio,  hIiouIiI  that  vessel  he  ultimately  foinnl 
issniny;  sat'cly  from  this  kini;'d(nii,  and  pi'cyinji  on  the  coininci'(M' of  tin- people  of  ijn. 
I'liitcd  Stall's.  .Not  donhlin^i;  myself  the  sincerity  and  earnest  desire  of  your  Im'dsliiii  ici 
<lo  all  thai  iswitliiii  yonr  powei'  to  fnllill  e\-ery  rciiuircmcnt  of  international  aiiiity, 
it  is  to  Itc  feared  that  all  the  fa\oiMhlc  ctfcct  of  it  mav  he  ncnirali/ed  Ity  tlw  lalei  evi- 
dence of  adverse  results.  It  is  no  part  of  my  intention  to  imply  the  want  of  lidcjity 
or  of  ;'<iod-\vill  ill  any  ((nartcr.  I  desire  to  conline  inystdf  tdoscly  within  the  jiali' nf 
my  dnty,  a    representation  of  the  precise  causes  of  uneasiness  het  ween  th' two  ciiiin- 


tries.  and  an  earnest  dciire  to   remove  tin 


l''irmlv  convinced   that  the  actual 


pusi- 


f  ion  of  thiiiji's  ill  connection  with  the  hostile  ennipmeiit  in  iiritish  waters  l»y  mo  im 
does  J  list  ici'  to  the  ti'ic  disjiositimi  of  Her  Majesty's  ;{ovt;rnment,  1  am  anxious  to  pj^iii' 
the  matter  hefore  your  lordship  in  such  a  liiiht  as  to  ohtain  the  e\idoneo  inore  [mt- 
Icctly  <<'  e.,l;iliiisli  the  tllltll. 

In  the  iihove  note  Mr.  Adams  in(!h)sed  a  copy  of  a  letter  receised 
from  Mr.  J)ii(lley,  wliieh  was  as  follows: 

Mr.   Dudltji  to  Mr.  Ailiiiiin 

Uniii.I)  SiAiKrt  Co:;sii.ATi:,  Lhrrpool,  March  2'i,  IS&l 

Silt:  The  ("^reti;  is  still  in  the  river.  \  llat-hoal  has  taken  jiart  of  her  arinanieiit  to 
lu'V.  Apart  of  the  crew  of  the  steamer  .\niiic  (.'hilds,  wliiidi  came  to  this  port  liiiidcil 
with  cotloii,  liave  Just  left  my  oflice.  They  tell  inc  that  Captain  JJiiUock  is  to  coiii- 
inand  the  <  >rcti>,  and  that  fonr  other  officers  for  this  vessel  came  over  with  tlieiii  in  tln' 
Chillis,  '["lie  ii.niies  of  three  are  Vouiiii,-,  Low,  and  Mallit  or  .Motlit ;  the  fourth  was 
called  Kilily  :  the  twolirst  are  lieutenants,  and  the  two  last-named  midshipmen.  Tln'y 
further  state  liuit  these  iif/iccis  diiriii;;-  the  ioya,ij;n  wore  naval  nnifonns;  that  tiny 
came  on  the  Cliiids  at  a  jdace  called  Sniithville,  some  twenty  miles  down  the  rivi'i' 
from  Wilniineton  ;  that  it  was  talked  ahoiit  and  understood  by  all  on  hoard  that  tlicii' 
<dijcct  in  comiiiM-  was  to  taK'ccommand  of  this  vessel,  which  was  hein'.f  Itnilt  in  Kiii^liiiul 
for  the  sonthern  confederacy.  They  furl  her  statu  that  it  wa.s  understood  in  Wiliiiiui,'- 
ton,  before  they  left ,  that  several  war  vessels  were  beinjj;  built  in  England  for  tli' 
South.  .As  they  were  coniiii;;-  lip  the  river  in  the  (Jliilds,  as  they  paNscd  the  Orctoslu' 
diiipcd  her  lla^-  to  the  I'hilds.  I  have  had  this  last,  from  several  snnrccs,  and  the  ailili- 
tional  fact  that  th.o  same  evening-  after  the  arrival  of  this  steamer  a  dinner  was  j;ivi'n 
in  tlic  Oretn  to  the  olliccrs  who  (.•ami;  over  in  the  Childs.  I  understand  she  will  iiiiikr 
direct  lor  Maderia  and  i>a.s.saii. 

I  li;ivc,  iVc, 

(Siened)  TIIOJIAS  H.  DUDLEY. 

[(JO]  *The  above  note  was  dated  on  the  third  day,  and  retieived  (with 

its  iiielosnre)  on  the  fourth  day,  after  the  Oreto  had  put  to  sea. 
In  answer  to  tho  above  note,  Earl  lin.ssell,  on  the  27thMarcli,  ISUL', 
wrote  to  ^Ir.  Adams  as  tollow.s: 

Earl  liusnell  lo  Mr.  Adams.'^ 

FoKKiG>f  Oi'KiCE,  March  27,  18()'2. 
Sir  ;  Upon  recinvinj";  yonv  letter  of  the  25th  inataut,  I  immodiatidy  directed  that  tlic 
treasury  and  customs  department  should   be  requested  to  take  such  steps  as  may  lie 
necessary  to  ascertain  wln^tlier  the  Oreto  is  equipped  for  the  purpose  of  making  war 
oil  the  United  States,  and,  if  that  fact  can  be  proved,  to  detain  tlie  ves.sel. 

1  Ajipendix,  vol.  i,  p.  6. 


CASE    or    GRKAT    lilMTAIX. 


2H?> 


Tlu'  cliarj^o  tliat  iiciirlv  nil  tlir  n  siHtaiUM^  now  oltlaiiinl  (Voiii  aliroatl  1>.\-  llic  iicinoiis 
^lill  III  aniiH  a;jaiiist  tlir  (invMiiiii.  iit  of  tlic  I'liitcfl  Slates,  ami  wliicli  malili's  tlii'in  to 
iDiitiiiai'  Mic  r<triij;';;lr,  ciniicM  tVom  (Jicat  llritaiii  aixl  its  (li|M'iiilciici(s,  in  siinirw  li  it 
v,i(r||i'.  I  liclicvi-  till'  i;ri'ali'r  ]iart  ol'  tlir  ariiiM  anil  aiiiiiinnitinti  sml  limn  this  ciiiMitiy 
til  Aiiiriirii  (Imin;;  thr  strn);y;lt'  lias/nnir  to  tin-  rnitcd  S|;itis 


I 
in  111" 


with  villi 


ill  till'  Hiatrini'iit  I  hill  I  hi'  iliit  v  of  iialimis  in  ainit  v  with 


'h  III 


ii'i' 


III 


IS,  11 


I  III  siilVrr  llii'ir  yjooil  faith  to  In-  violali'il  hy  ill-ilisposcil  pi'isnns  within  Ihrir  Imr- 
ii'ii'ly  from  thi'  iiii'lUrai'y  of  thi'ir  prohihitoiy  i>olicy.     Kiit   it   is,  ;it    tin'  saiin 


liiiii',  a  (Inly  not  to  iniiiish  |iitso!1s  on  siispirion  without  any  proof  of  thi'ii'  i'\  il  iiiti-nt. 

It  is  not  thr  cnstoiii  of  this  i-itiintry  to  drpiivr  any  piMsoii  of  lilicrty  or  propnfy  witii- 

1111,1  I'viilt'iii't'  of  sonic  olVciiHc.     Ifsiich  cviili'iiri'  can  he  oUtaincil.  tin'  l.iws  arc  siitlicicnt 

\i)  pri'Vi'iit  the  accoin]tlisliiiii'nt  of  their  evil  (lesiy;ns  ay;aiiist  fiicinlly  nations. 

Ytiii  have  not  yourself  liilherto  fiiniishcil  nic  with  evidence  that  any  vessel    has 

veil  a  hostile  or  warlike  e(|iiipiiient  in  Hritisli  waters,  which  lias  iiccn  iifterwaid 

ii;;ainst.  tht<  United  States.     The  care  that  was  taken   to  prevent    the    warliko 

pMiciit  of  the  Naslivillc  III  I>ritish  waters  must  lie  familiar  to  your  recollect  imi 


li'Ccl 
ll>i'l' 


illl 


With  rcffiud  to  co-opciiition  with  the  polic>-  of  the  I'nited  Stales  in  respect  to  the 
liliii'kailc,  I  must  remind  yon  that  (ireat  Mrit,;in  has  ahstaiiicil,  as  far  as  possihie,  from 
(oiiiplaints  of  the  irreifiilarity  of  the  lilock.nle  which  has  lieeii  institnteil.  Iler  MaJ- 
, sty's  i;i)Vernnient  have  heeii  inindfnl  of  the  siiddeiiiiess  of  the  danger  with  which  the 
riiiftil  Stales  were  tlirealciicd  ;  of  the  in;idei|iiacy  "f  the  naval  force  then  at  the  dis- 
hosal  III'  the  j;(>verniiieiit  ;  and  of  the  jjicat  (iilliciilly  of  Idockadin;;'  a   coast  of  :i,(J(t(( 


null'! 


IJiit  heyond  forheiirance,  and  a  liheral  interpretation  of  tho  law  of  nations  in  favor 
(if  the  I'liited  States,  Her  Majesty's  e;overiiiiient  cannot  <;o.  If  hy  co-opcial  ion  will' 
till'  policy  of  the  I'liitcd  Stales  is  nieaiit,  either  takiii";  part  in  the  civil  war  stii' 
i;ii;iiii;.  or  imposing!;  restraints  on  the  (Queen's  snlijects  unknown  to  international  law. 
I  caiiiiiit  undertake  that  Iler  .Majesty's  uoverninent  will  adopt  eillier  of  those  conrsL.s. 
It  wdiilil  h(^  an  unheard  of  measure  to  prohihit  merchanls  from  sciidin;:;'  ••hips  i  sea 
ijotiiiiil  to  the  soiitliern  ]iorts.  Shoiihl  such  ships  attempt  to  violate  the  It,  ■  wade, 
liilitiire  and  condemnaticm  are  tln^  ijro'x'r  pi'iialty  of  siicli  attempts;  no  aiilhorily  can 
li!'  found  for  any  other. 

Kill  while  these  attempts  are  made  on  the  one  side,  the  I'nitid  States  (iDVeiiini.  nt 
liuvc  willinely  received  iii  'he  ranks  of  tlicii' army  JJriti.sli  siihjecis,  who  xiolnle  the 
(^iii'i'ii's  proclamation  in  order  to  serve  aj;aiiist  the  confederates.  Xay,  the  lav,  of  the 
I'liitcil  States,  liy  which  ]iar('iits  can  pi'cNcnt  the  enlistment  of  their  sons,  licint; 
iniiidis.  has  heeii  set  aside  to  the  prejudice  of  ]?iitish  snlijects,  the  fathers  and  mothers 
(if  tliiiiij;litless  lads  of  sixteen  or  seventeen  years  of  ajje. 

Tlifse  evils  arc^,  i»erha)is,  inseparahle  from  the  nnhappy  contest  now  carried  on  in 
.Viiirrica.  I  can  only  trust  it  ma.v  hav(.'  a  speedy  termination,  snitalile  to  the  reimta- 
liiiii  of  the  rnitcd  States,  and  condncive  to  the  future  liai)pin('Msof  till  the  iiilial)itaiits 


(if  11  cdiinlry  so  lately  prosperous  and  united. 
I  am,  i\cc., 
(Sifrned) 


RUSSELL. 


Iiiforiiiiitioii  that  tlio  Oroto  Inid  put  to  sea.  liiul  not  at  this  time  been 
received  by  Her  Miijest.v\s  o-ovoniuient. 

Oil  tlie  Sth  April,'  l.S(i2,  Karl  Uusscll  sent  to  Mr.  Adams  the  f'olhnv- 
iii^'  report  of  iiitpiiries  made  respecting  the  Oreto  by  order  of  the  coiii- 
inlssioiiers  of  ciistojus  : ' 

CrsToM-iroi-sK,  Api-il  4,  18G2. 

Your  Iordshii)s  liiivin<j;  referred  to  us  the  annexed  letti.ir  from  Mr.  Hammond,  trans- 
luittiiij,',  hy  desire  of  Karl  {{iissell,  a  copy  of  a  further  letter,  addressed  hy  the  United 
States  consul  iit  Liverpool  to  ^[r.  Adams,  the  United  States  minister  at  this  court,  in 
wliicli  it  is  a^faiii  iilHriiKHl  that  the  Oreto  is  i»einj;-  lifted  out  as  a  vessid  of  war  for  the 
soutlicin  confederaey,  and  various  statements  are  repm-tiMl  in  support  of  rliat  iisser- 
lidii,  and  re(|uestin(>'  that  your  lordsIiii»s  would  instrnct  this  board  to  j;ive  dirtictious 
tliat  the  Oreto  iniffht  he  vigilantly  watched,  and  that,  if  any  ariuameut  i)iohihited 
liy  the  foreign-eulistinent  act  should  be  discovered,  the  vessel  might  be  at  once  dc- 
tiiiiicd. 

W    leport — 

That,  on  the  receipt  of  your  lordship's  Teferonce,  wo  directed  our  collector  at  Liver- 
pool iiimiediately  to  inquire  into  the  further  allegations  made  in  regard  to  the  C'sto, 
and  to  govern  him.self  in  accordance  with  the  instructions  contained  in  Mr.  Haiu- 
moiid's  letter,  and,  having  reeidved  the  report  of  the  collector.  Wi;  tiiiil  that  the  ves- 
sel iiiipicst  ion  wjis  registered  on  the  IJd  ultimo,  in  the  name  of  . John  Henry  Thomas, 
tit  Liverpool,  as  sole  owner ;    that  she  cleared  on  the  following  day   for   Palermo 

'  .^Itpendix,  vol.  i,  p.  7. 


MA 


'■•..'ril 


im 


■   ''4 


» 


W     4 


i 


284 


TREATY    OF    WASHINGTON. 


anil  Mam.iicii  in  luilliist,  l»nt  tliil  nut  sail  ti'itil  the.  'iid,  Mm  day  on  wiiidi  tli,. 

Anicrii-aii  c^nsMl's  lofttir  is  <lati'rl,  liaviiiu;  a  (Mcw  of  lil'ty-two  nn-n,  all  llijiisli 
with  tlit<  i'\('c|ilion  ot°  tlii'iM^  or  fonr,  oni-  of  whom  only  was  an  Aincrit'an.     Slir  imd  no 
^nn|>ow<lfi-,  nor  even  a  sij^nal-jjnn,  and  no  colors,  saviiif;-  Marryatl's  code,  df  si^nids 
and  ii   Hiilisli  cnsij.',!!,  nor  any  floods  (mi  lioard  i'.\(u'|)t   the.  stori's  (Miunii^ralcd  (mi  the 
a<'('oin))anyin<;'  copy  ol"  iu-r  viittnalin^^-hill. 

With  icfiard  to  (he  statcnjiMds  in  tin-  IctttM-ol  inc  oonsnl,  tJmcolh^i^tor  furlhi^r  rcimrts 
that  it  is  dear  Iho  pass.-nfjors  bron^i'lit.  l)y  tln^  Annii!  (-'Iiilds,  tln^  vi!ss;d  tlirrnin  ni.n- 
tioncd,  whic'li  hiis  ri'i-cnlly  arrived  I'roni  one  of  thi^  SDUtliiMii  Slil.'-;,  were  in>l  iiilriiii,Ml 
to  form  any  i)oilion  of  the  erew  of  the  Oreto,  inasmuch  astln'y  \v<'re  still  in  Li\er|MMil, 
and  that  the  dippinyj  of  the,  (Misie;ii  on  board  tins  latter  vessel  on  the  ai'rival  of  the, 
Annio  (!hilds,  as  far  as  tho  coll(;ctor  had  huen  onahhsd  to  ascurtaiii,  was  iutende(l  us  u 
complinuMit  to  ime  of  the  Cniiard  steamers  and  aiuither  vessel  wliicli  saluted  the  Viinie 
Child.s  on  hi'r  arrival,  the  masters  of  tliu  several  vesscds  heiiifj;  known  to  one  iin  I'licr. 

(Signed)  TIIO.  F.  FUKMANTl.K. 

OKENVILI.E  C.  i..  HEKKl.LKV. 

This  ivport,  was  accompiiniod  by  a  coi)y  of  the  sliip's  victiialiii;^-])!!! 

On  the  28th  April,  1802,  the  Oreto  arrived  at  Nassau,  as  appears  by 
the  subjoined  entry  in  the  books  of  the  revenue  department  of  tlie  (;()l(iiiy 
of  the  IJahaiuas:' 

Inwards. 
(No.  4H.) 

In  the  IJrilish  steamer  Oreto,  Duguid,  master,  from  Liverpool;  178  tons;  \'i  I'cet; 
'i'i  null. 

liallast. 

Nassau,  A'cir /VorirffiiKr,  . 4 ^>n7  28,  1802. 

On  the  L'DMi  April  she  (piitted  the  ])art  of  tlie harbor  which  is  adjiiceiit 
to  the  town  of  Nassau,  and  proceeded  to  Coehrane's  Anchorajjje,  it  stiilioii 
distant  from  the  town  about  fifteen  miles,  measuring  by  the  eoiiisc 
usually  taken  by  vessels  of  heavy  drau<>ht.  It  was  stated  that  this  was 
done  on  (he  advice  of  the  i)ilot,  and  for  the  retison  that  tiiere  was  not 
room  for  her  in  the  harbor.  On  the  l>th  IMity,  1802,  the  }>overnor  of  tlie 
Hahamas  received  from  ]Mr.  Wliiting',  Unite<l  States  consul  at  Nassau, 
the  followino-  letter:^ 

IJNnKi)  Statks  C()N.sii,\ri'., 
JN'fls.srd/,  Xew  I'rorideiirc,  Mail  i),  18G2. 
Sii{ :  T  hav<'  the  honor  to  communicate  to  your  excelliMiey  s<!veral  facts  of  import iini'c, 
deenuuj^  it  to  be  my  duty  s')  to  do,  as  nvi)rese.utative  of  tlie  Government  of  the  I'liitoil 
.States  of  Anu'rica. 

Tlie  tuL;  Fanny  L  'wis,  which  arriviid  hert'  from  Liver|)oi)l  on  tlio  0th  instant,  li;i.s  on 
board,  I  am  credibly  informed  by  lettiM's  received  from  thit  i»ort,  a  lir^je  (|Uiiiitity  of 
powder  lor  the  rebid  Stativs  of  Annu'iea,  or  for  tlie  sociiiUed  Oonfeiliirate  Stati's. 

On  the  tjSth  ultimo  the  steanu'r  Oreto  also  arrived  otf  this  port  fntm  Liverpool,  and 
now  lies  at  ("otdirane's  Anchorajfe,  where  it  is  luditn'ed,  and  so  reported  by  many  rcsi- 
dentshtrc.  that  she  is  beiuj;-  pn^pared  and  littt^d  out  as  a  confederate  privateer  to  prey 
on  the  comm.'rce  of  the  llnited  .States  of  AunM'ici. 

I  iu(dose  for  your  excellency's  p:'rusal  a  slip  from  the  Wilminjjtou,  Ni»i'tli  Carolina, 
pajier  of  tiie'2nth  April. 

1  cannot  but  think  that  your  excellency  will  consider  it  proper  that  some  iuijuiry 
should  be  uia  le  to  ascertain  how  far  the  vessids  alluded  to  are  preserviiifj  the  .strict 
neutrality  so  earnestly  enjoined  by  Her  Mijesty's  late  proclamation,  and  I  am  <',onliil('iit 
that  I  pay  but  a  deserved  tril>ute  to  your  exci'llency's  hi^^li  character  when  I  express 
my  tirm  belief  tiiat  no  illejjal  steps  will  b;*  allowed  to  those  who  seek  to  subvert  tUo 
Government  which  I  luivc  the  honor  to  represent. 
I  am,  Ac, 
(Sij-ned)  •     SAML.  WHITING, 

United  Statcft  Coiixid. 

Mr.  Whitiiiji^  was  on  the  same  day  informed  in  answer  by  the  colonial 
secretary  that  the  «»overnor  would  cause  inquiries  to  be  made  into  the 
circumstances  alleged  in  his  (Mr.  Whiting's)  letter.  The  letter  was  at 
the  same  time  referred,  by  orclerof  the  governor,  to  the  attorney-general 
of  the  colony,  who  reported  as  follows  :' 


'  Axtpcmlix,  vol.  i,  p.  58. 


•i  Ibid.,  p.  14. 


"IbuL.p.  15. 


CASE    OF    ORKAT    BRITAIN. 


28.') 


AssMiiiiiif;  tlif  )':ir;f()  of  the  l''iumy  Lewis  to  lu-sucli  as  is  st.-iti-il  by  the  Tiiifi'il  States 
(■(iiisnl.  it  is  ii('V4'rtli('l('ss()iit'  lliiit  can  bt;  Icj^ally  iinportcd  licrt!  tVoiii  tin-  I'liiti-il  Kiiij^- 
(1(1111.  anil  its  future  ]iri'sniii('(l  ilestinatiDii  docs  not  invcs^  it  with  any  <'Iiaractcr  of 
illfi;alily  wiiicli  calls  for  or  would  aiitliori/c  any  action  with  ifspcct  to  it  on  the  imrt 
(if  till'  exeeii  tive  or  other  aiilhorities  of  the  colo.iies. 

'>.  Witii  ris|»cct  to  theOreto  the  eonsiirs  allef^ation  is  to  the  cIVcct  that  it  is  lu-lieveil 
iinil  ii'iiiirtcd  hy  many  resiih'iits  here,  that  slie  is  heinj;  ]tie|paicd  and  litted  out  where 
slu'iidw  lies,  at  (;o<liraiie's  Aneliora;;e,  which  is  within  the  limits  of  tlieporl  of  Nassau, 
;is  11  confederate  piivateer.  Now  if  sncli  is  the  fact,  an  offense  ii^iaiiiNl  (he  foreign 
I'lilisliiu'iil  act  has  hei^n  committed,  all  parties  iiii|ilicated  in  which  are  liable  to  lio 
criininally  jiroceeded  a<^ninst  for  misdemeanor,  and  the  vessel  may  be  sei/ed  by  any 
iiuval  or  revenue- ollicer  ;  but  to  justify  proceeding's  either  a;fainst   the  |iarties  or  the 

vessels,  tlui  matter  must  not  rest  on   repute  or  belief  alone,  but  I  lie  authorities 
[li'i]    must   have  jiositive  facts  to  "ffroiind  their  pi'oceediiij;s  on.  and  unless  Ijnr  consul 

can  aildnee  sncli,  or  they  can   be,  obtained  thronj;;li   other  channels,  no  steps  can 
lie  tiiKi'ii  either  for  the  arrt!st  of  tluj  vessel  or  tlioHu  on  board  of  her. 

(Si;;,ieil)  (J.  V.  ANJ)KK'S()\. 

Oil  tlic  2<Sth  May,  ].S(»l»,  Coinmiiiidiu"  IMcKillop,  coiimiiUMliii;^  Iler 
Miijt-'.st.y's  ship  Jiulhloy  ,  wrote  to  tlie  goveiiior  as  follows:' 

l'>ii.i,i>()fi,  Xaxioni,  Miiji  'if*,  IHtl-i. 
Siu;  Several   steamers  having  anchoreil  at  Cochrane's  Anchoia;>e.  1   snit   an  ollicer 
u'hli'iiiay  to  visit  them  and  muster  their  crews,  iindasi'crtain  what  tiny  were  and  how 
ciiililovi'd. 

The  ollicer  rejiorts  that  one  steamer,  the  Oreto,  is  apparently  fittiii;^  and  jncparinj; 
lor  a  Vessel  of  war;  niider  these  circiimstanees  I  would  sii^jrest  that  she  slnniid  come 
into  the  harbor  of  Na.ssiiii  to  prevent  any  misunderstandin<;  as  to  her  ei(iiipi)iii!j;-  in  this 
|ioi't,  contrary  to  the  forei^n-eiilistmeiit  act,  as  a  privateer  or  war  vessel. 
I  am,  iVe., 
(Si}>ned)  H.  I".  M<  KIM.OP. 

No  liicts  were  fiuiiislied  by  Commander  ^leKillop  in  siippoi I  ui'  the 
stiitciiieiit  thiir,  the  Oreto  was  "apparently  Jittiiij;'  and  i)repariii;i  lor  a 
vt's.scl  of  war."  On  receiviiij;-  this  eoinniunieation  the  f;()\  eriHU-  re(piested 
Coinmander  jSteKillop  to  take  snch  steps  as  he  n)i}»ht  think  l)est  for 
iise('itainiii,tj  the  true  charaeter  of  tlie  Oreto  and  the  nature  of  ii'-retpiip- 
iiit'iit:  and  if  he  should  be  eonvintted  tiiat  slie  was  really  a  man-of-war 
nr  itiivateer  arinin;.;"  her.self  there,  to  concert  nieasnres  for  brinjiiii"'  her 
down  into  rhe  ]»art  of  the  harbor  tuljacent  to  tin;  town,  or  else  to  rt'inove 
lii.sown  ship  to  Cochrane's  Anchorage  and  there  watch  her  proceedings 
from  day  to  day. 

Kiiily  in  the  month  of  June,  1S(>2,  tin;  consignees  of  the  vessel,  who 
wt'ic  a  mercantile  firm  at  Nas.sau,  ai)j)lied  to  the  receiver  ocncial  (the 
proper  ollitter  for  that  purpose)  for  permission  to  load  her  for  an  outward 
voyiige  to  Saint  .John's,  New  IJrunswick. 

llcr  Majesty's  governmc'iit  is  inlbrnied  and  l»elieves  that  during  the 
bloi'kade  «)f  the  Confederate  States  it  was  a  common  i»ractice  for  ships 
leaving  the  ])ort  of  Nas.sitii,  with  the  intention  of  endeavoring  to  run 
tlu'ir  ciiigoi's  into  the  blockaded  ports,  to  clear  tor  kSjiint  .lohiTs,  ^'cw 
IjiiiiKswick,  and  many  of  them  took  in  tlieir  outward  cargoes  at  the 
aiulidiages  adjiiceut  to  the  harbor  of  Nassau.  In  the  aj>i>lication  itself, 
tliei'cfore,  there  was  nothing  peculiar;  btit  in  conse(juence  of  the  suspi- 
cions which  had  arisen  about  the  ship,  the  reciuver-general,  iieforc  grant- 
ing the  usiud  permission  to  load,  referred  the  matter  to  the  governor, 
iiiitl  it  was  brought  by  him  before  the  e;.ecutive  council  of  tin*  colony 
on  the  4th  June,  1802,  when  the  following;  order  was  ntade  :-' 

Jink  4,  18(52. 

.\t  an  pxeciitivci  council  liis  excellency  the  {fovernor,  with  the  advice  of  the  board, 
Wiin  pleased  to  make  tin?  following  order: 
"  1.  That  the  Oreto,  if  practicable,  should  take  in  her  carj^o  within  the  port  of  Nassau. 
"2.  That  if,  however,  it  be  fouud  iniprncticuble,  from  the  depth  of  water  in  port  or 


Appendix,  vol.  i,  p.  16. 


»  Ibid.,  pp.  lU,  53. 


\W' 


286 


TREATY    OF    WASHINGTON. 


otherwise,  that  slio  cannot  conveniently  take  in  her  carjjo  within  the  port,  then  tliat 
she  be  perniitttid  to  do  so  at  Cochrane's  Anchoia^je,  iiniler  tlie  direct  supervision  oi 
olilicera  of  tin;  revenue  department  to  be  specially  appoiuted  f.>r  the  piu|»  »se. 

"  3.  That  in  conse»ineiiee  of  the  suspicions  which  iiave  arisen  respeetinj^  tlie  eliaracii-r 
of  the  Oreto,  it  is  a<lvisal»le  that  a  British  vessel  of  war  shouhl  reinaiu  at  Cciehiaiic's 
Anchoraj'e,  in  the  iniuitMliate  vicinity  of  the  Oreto,  while  she  is  taking  in  carijo.  and 
to  jtrevent  such  vessel  bein^j;  detained  at  the  anchorage  an  inconveniently  lonu,  tiniti 
there  be  imposed  as  a  condition,  for  the  permission  for  tlui  Oreto  to  load  witiioiit  the 
port,  that  she  couiitltite  her  ladin<r  at  Cochraue's  Anchorage  within  a  ]>eriod  to  bi-  tlcsi;;. 
iiated  by  the  chief  oflieer  of  the  revenue  department." 

His  excudlency  was  furtluir  pleased  to  direct  that  a  copy  of  the  fore^oin;;  order  be 
furnished  to  the  receiver-general  and  treasurer,  and  the  commander  of  Her  Majisty's 
ship  Bulldog,  respectively,  for  tlieir  information  and  guidance. 

On  the  same  4tli  June,  1802,  the  United  States  consul  sent  to  the 
governor  the  subjoined  letter  aud  inclosure:' 

I'nitki)  Statks  Coxsii.Ari,. 
Xtixxiiii,  yciv  I'roi'ulvtirf,  Jiiin4.  If^li-J. 
Siu:  I  have  the  honor  to  inform  your  excellency  that  1  am  in  receipt  of  a  coinniiuii- 
cation  from  one  of   tlie  crew  (in   prison  here)   of   the   steamer  On-to,  now  lying  at 
Cot^hrane's  Anchorage,  a  copy  of  wliich  I  in<'lose. 

May  I  rcfiuest  your  excellency  to   inform  me  if  any  steps  have  bi't-n  taken  by  tin- 
colonial  governuKMit  to  as(M'rtain  tin,'  true  character  of  the  Oreto,  the  service  for  w  hieli 
she  is  intended,  and  if  her  longer  stay  at  Cociiraue's  Anchorage,  umler  all  tiie  circinii- 
stances  disclosed,  is  in  accordance  with  Her  Majesty's  late  m-utrality  proclainatiou. 
I  am,  &(',., 
(Signed)  SAML.  WHITINCJ, 

[63]  *  [Inclosure.] 

Mr.  Jones  to  Mr.  Whitliuj. 


N.vss.vf  Phison,  June  4.  iSii. 

Sih:  Tin;  ship  I  am  from  is  the  Oreto,  built  by  W.  C.  Miller,  in  Liverpool,  aftir  tiie 
model  of  the.  English  navy  gnu-boats,  with  magazine,  shot-lockers,  ports,  ami  bolts  for 
twenty  guns.  Everything  is  rigged  and  reatly  for  mou  *ing;  even  all  the  articles 
necessary  for  seamen,  such  as  hiiunnocks,  bedding,  kettles,  and  pans,  with  three  years' 
provisions.  In  short,  she  is  ;>  pcrfcist  nuin-of-war.  Captain,. lames  Duguid:  chief  olii- 
cer,  William  Duggin;  second  oiT'cer, Hudson;  I,  sir,  was  third  otticer  and  boat- 
swain.    The  chief  steward  and  purser,  who  refu.sed  duty,  aie  in  jail  here. 

Yours,  &.C., 

(Sigiu'd)  '  EDW'D  JOXKS. 

The  counsel  renewed  his  representations  on  the  12th  June.^ 

In  con  fori:,  ity  with  tlui  above  resohitions  of  the  exeiuitive  council,  the 
coinnian(Un'  of  tlie  IJulhlo^jf  proceetled  to  Cochrane's  Anchora<;e,  put  one 
of  his  ollicers  in  diar^e  of  the  Oreto,  and  phu'.ed  his  own  ship  near  lier. 
On  the  7th  flnne  slie  was  I'enioved  by  tlie  consif>"nees  to  the  part  of  tiie 
harbor  ('h>se  to  Nassau. 

On  the  Stli  June,  1802,  the  gfovernor  received  froni  ConiinaudtT 
McKiHop  a  h'tter  dated  the  0th,'  reportiu"'  that  he  had  visited  aud  e\- 
HuiintHl  tlie  Oreto;  that  she  was  titted  for  war  luirpose.s,  and  had  fittings 
at  variance  with  the  character  of  a  nierchant-ves.scl,  but  had  on  boaid 
no  guns  or  aniinunition. 

On  the  J)th  June  the  consignees  bi^gan  to  load  the  vessel  with  caijro, 
part  of  which  consisted  of  arms  and  ammunition,  including  some  boxes 
of  shells.  On  the  morning  of  the  lOth,  however,  the  cargo  which  liiul 
been  put  on  board  was  discharged,  the  consigm^es  having  obtained  leave 
to  land  it,  and  to  clear  the  vessel  in  ballast  for  the  Havana. 

Commander  Mclvillop  (piitted  Nassau  on  the  Uth  June,  and  was  suc- 
ceeded, as  senior  naval  ofticer  at  the  i)ort,  by  ComniUntler  llickley,  ot 


'Appendix,  vol.  i,  p.  11). 


Mbid.,  p.ai. 


'Ibid.,  p.  20. 


CASE    OF    GREAT    IJRITAIX 


287 


Her  Majesty's  sliip  flioyhouiid.  On  the  lOth  June,  Conmiiinder  Iliekley 
went  on  hoiinl  tlie  Oieto,  but,  bein};'  inlbi  ined  that  she  had  cU'ared  lor  the 
Havana  in  balhist,  and  was  to  sail  shortly,  forbore  at  that  time  to  ex- 
amine ner.  On  the  loth  he  again  went  on  board  of  her,  and  -sent  in  a 
report  to  the  governor,  which  was  ars  follows:' 

GuKViioixij,  Nassau,  Nkw  I'kovidkm  k, 

.Jialitimflu,  June  i:?,  18C2. 

Sue  On  ;i<)in}i  on  board  the  Oreto  this  Mioniiiii;',  tlir  captain  infornioil  nn^  tliat  tiie 
(lew  iiail  ri'fnst'd  to  )j;t't  the  anciior  nj)  until  tlicy  could  he  «•(  rtain  as  to  w  Ihtc  the  shi]» 
was  ;i<iin^.  as  they  did  not  know  wliat  niiiiht  ht'i-oniu  of  thcni  aftfi"  Ifaviiii;  port,  and 
tliaf  till'  On-to  was  a  sns))i('ions  vessel.  I  then  proceeded  roiuid  tlie  deiii-i  to  i.:)ti}  her 
littiiins.  A:c.,  and  to  ascertain  whether  she  had  any  wailike  stores  on  hoard  l'i>r  her  owu 
ii|nii>nient,  and  I  have  the  honor  to  make  the  following  report  : 

That  the  Oreto  is  in  tnery  resiiect  lifted  as  a  man-of-war, on  the  principle  of  the  dis- 
liateii  ;inn-vessels  in  Her  Majesty's  naval  service. 

Tiiat  she  has  a  crew  oflifty  men,  ami  is  capalde  of  carryin;;  two  pivot-jrnns  amidships 
anil  lour  broadside,  both  forward  and  aft,  the  jiorts  being  made  to  "  shiji  and  nnship.'' 
jKirt  bars,  brceidiinjj;,  side  tackle,  bolts,  &v. 

That  slie  has  shell-rooms,  ii  nniga/ine  and  light-rooms,  and  •'handinLT-seuttles"  for 
liaiiiling  powder  out  of  the  magazine,  as  litteil  in  the  naval  service,  and  .•^hot-boxes,  for 
Armstrong  shot,  or  short  similar  to  them.  Ifonnd  the  iipjier  deck  she  has  live  boats,  (I 
s!iiiiil(l  say,)  a  ten-oared  cutter,  an  eight-oared  cutter,  two  gigs,  and  a  Jully-lioat,  and 
davits  for  hoisting  them  u\> — her  accommodation  being  in  no  respect  ditfeieiit  from  ber 
>iiiiilar  d.ass  of  vessel  in  the  royal  mival  service. 

Anil  on  m\'  asking  the  ca|)tain  of  the  Oieto,  liet'ore  my  own  oltlcers  and  three  of  his 
iiwii.  whether  she  had  left,  Liverpoid  lifted  in  all  respe-cts  us  she  was  at  jirex'nt ,  his 
answer  was,  •'  Ves,  in  all  respects,"  and  ••that  no  adilition  or  alteration  had  bi-en  made 
whatever." 

In  witness  of  this  ri-port,  and  ready  to  testify  to  its  correctness,  we.  the  tiudersigned, 
aliix  our  names. 

(fSigued)  H.  D.  HICKI.EY,  CommaiKhi: 

JNO.  L.  (JILHY,  Liinteiiaiit. 
V.  S.  CAKDALE,  Liciihiutiit. 
U.  ]{.  .^Tl'ART,  MaxUr. 

1'.  <).  M.  VUKSiillWE.  AHiiitunt  Puymasia: 
E.  li.  (ilDLEV,  Cuinur. 
*  E.  EDWAWDS,  Carpi  liter. 

W.   ]U)^KUAA,  (hiniur^  Mate. 
JOHN  LEWAN,  •Siamaii  (iniiinr. 

The  attornoy-general  of  the  colony,  being  called  upon  to  advise  the 
;.;()verii(»r  upon  this  report,  gave  his  oi)inion  that  it  would  not  justify  the 

detention  of  the  vessel. 
[•14]  *On  the  l.")th  June  some  of  the  crew  of  the  Oreto  came  on  board 
the  (Ireyhound  and  stated  lo  Commaiuler  Ilickley  that  they  Inul 
left  the  ()ret(>  becau.se  they  were  not  able  to  ascertain  her  destination, 
iHid  tliat  she  was  endeavoring  to  shi[)  another  crew.  Commander 
Uickley  thereupon  seized  the  vessel,  but,  on  the  nnn-ning  of  the  17th, 
released  her,  the  attorney-general  being  still  of  opinion  that  there  was 
not  evidence  sufficient  to  justify  a  seizure.  Notwithstiinding  this 
opinion,  however,  the  .seizure  was  forthwith  (mimely,  on  the  morning  of 
the  17th  June)  renewed,  with  the  sanction  of  the  governor,  that  olli(!er 
Iioldiiig  that,  after  the  sttitements  which  had  been  made  to  him  i)y  i'uni- 
iiiander  Ilickley.  it  was  right  and  proi)er  to  submit  the  case  to  judicial 
investigation.  The  .sanction  of  tlie  gi>verin)r  was  given  on  tiie  1 7th 
•bine,and  proceedings  were,  by  his  direction,  forthwith  instituted  in  the 
vice  admiralty  court  of  the  colony  (whicli  was  ami  is  the  court  having 
by  law  juri.sdiction  in  matters  of  this  nature)  for  the  condemnation  of 
tlie  vessel. 

On  the  trial  of  the  case,  the  following  witnesses  were  examined  on 
behalf  of  the  Crown: 


'  Appendix,  vul.  i,  p.  'Xi, 


288 


TREATY    OF    WxVSIIINGTON. 


i* 


i-il 


Wynii  Fcly  .laiiics  r)iift}jiin,  chief  orticer  of  the  Oi'eto. 

\Villiimi  I'oitcr.  seiimaii  of  Divto. 

Putcr  Hiiisoii,  sfiimaii  of  f)ii'to. 

Chillies  \\  iiitl,  stfWiinl  of  Oiclo. 

Walt<  r  Iiviii;:;,  fireman  of  On-to. 

John  (,>ninii,  lii'eniaii  of  Oi'eto. 

Thomas  li'ohinson,  fireman  of  On'to. 

Daniel  llamy,  eoal-trinnner  ol Oreto. 

Comiiiaader  lliekley,  of  jler  Majesty's  ship  firoyhonnd. 

TlioiiKis  .loseph  waters,  a  master  marine!'  in  the  merehant-serviee. 

Lienleiiant  Canlale,  royal  navy. 

iiay  lieanfoy  .Stuart,  master  and  pilot  of  Her  Majesty's  ship  Ureyliound. 

OiK^  of  tlio  lifm  of  iiii'i'cliaiit.s  who  wore  t'oiisio-ncos  of  tho  vessel  at 
Nassau,  tlic  iiiastci"  uiuUt  wlioiii  she  luul  made  Iut  otitwanl  voyage,  iiiid 
otlier  witnesses,  were  examined  for  the  defense.  Tlie  eoiisi,!»nee,  in  the 
course  of  his  e\  idenee,  nwide  the  following  statements  on  oatli :' 

We  (meaninj;-  Ills  lirm)  had  tin'  soht  direetion  and  nnina<j;emeiit  of  llu?  Oreto.  I  kiiow 
of  no  person  liul  Captain  l)nj;nid  havinj;'  any  control  over  the  Oreto.  *  *  •*  hi 
phn:in^  the  ear;fo  on  hoard  tlie  Oreto.  it  was  disi ineptly  nnderstood  as  carj^o.  I  stittrd 
to  the  reeeiver-ycneral  that  it  was  carj^'o  only  ;  that  we  intemled  to  ship  a  foil  Imid  bv 
that  vessid.  We  were  fnlly  aware  that  we  eonld  not  ship  sncdi  j^oods  otheiwisc  tli;ii' 
as  ear<;o,  nnless  eommittinj;'  a  hreacli  of  tlie  foreijiii-eiilistnient  aet ;  and  had  we  lnii! 
or<lered  to  do  it,  we  should  have  handed  the  eonsiyiiment  over  to  some  one  else.  No  net 
was  <i(»iie  1)^,  aiithoi'ity  of  Henry  Adderly  vV  Co.  [the  witness's  tiruij  with  the  intent 
that  tlic  vesM'l  should  he  employed  as  a  erniser. 

On  cross-examination  he  stated  its  follows: 

The  vessel  was  eonsinne<l  to  ns  hy  Messrs.  Fraser,  Trenholm  »V  Co.,  of  LiveriKmi, 
•She  was  e(nisi;;ned  to  us  as  a  merehant-vessel,  and  we  eonsi<lered  her  as  siieli.  No  iii- 
strnetioii.  in  I  lie  tirst  instance,  was  ;;iven  to  ns,  except  the  ffeiieral  instrni'tions  of  slii|i- 
j)inj>'  cargoes  liy  all  tlieir  vessels  to  Messrs.  \V.  and  K.  Wriju'lit,  Saint  John's,  New  liniiis- 
wick,  on  iU'coniit  and  risk  of  J.  1'.  Armstronj;',  of  Liveriioid.  Mr.  .John  J.owe.  1  tliiiili, 
hronjiht  a  1.  tterof  introduction  from  Mr.  Trenholm  to  the  'ini.  I  do  not  know  wlu'tlicr 
Mr.  Lowe  was  in  any  way  interested  in  the  Oreto.  I  do  not  reciuieet  Mr.  Lowe  luiii^' 
mentidiied  in  any  corresiiondeiice  which  we  i'eceiv<'d  from  fraser,  Trenholni  A.  t'o. 
We  never  had  any  transactions  with  Mr.  Lowe  in  rejrard  to  the  Oreto.  She  reiiuiiiicd 
her<'  several  weeks  hefore  any  attempt  was  made  to  ship  earj!;o  in  h(>r.  We  iliouijlii 
we  siidiild  receive  some  instrnetions  from  our  friends  ahoiil  lier,  hut  we  did  not.  Tin 
shipiiinjj,' of  tliecaro'oon  lioard  the  Oreto  was  perlormed  hy  ns  under  our  j;eiii  nilin- 
siinetions.  1  am  not  prepared  to  say  whether  the  vessel  was  actually 
John's.  New  Ihunswiek. 


iOlllii'  to  SmK! 


The  master,  Jauies  Alexander  ])iiyiiid,  gave  evidence  as  follows:' 

I  am  master  of  the  Oreto.  *  »  *  TIumiwium' of  the  Oreto,  I  helieve,  is  nanuMl  Mi. 
Thomas.  1  look  my  instrnetions  from  Fawcett,  Preston  ».\:  Co.,  the  aj^ents.  *  * 
1  arrived  here  at  the  latter  end  of  April.  1  went  to  Codirane's  Anehorat^e,  and  coiiiiim- 
nieated  with  II.  Adderly  «S:  Co.  as  the  agents  uf  tlie  vessel  representinj;  my  owners  ir 
Knj;laiid.  1  had  no  instructions,  when  leavin<;'  England,  who  the  a;;ents  of  the  vcssf! 
Avere ;  hut,  <ni  my  arrival  here,  1  understood  who  they  were.  Mr.  Lowe  had  a  letter. 
and  told  iiie  that  Messrs.  A<Ulerly  iV  I'o.  were  the  agents  ol  the  vessel,  and  they  wmilii 

enter  the  shii».  I  remained  at  Cochrane's  Anchorage  seven  weeks;  we  win' 
[(35]     waiting  orders  *from  tlie  agents,  who  were  waiting  orders  from  the  o\\  iicrs  ;it 

hfinie.  -  *  *  The  shell  was  taken  on  hoard  hy  tlie  direetion  of  the  .i^enls. 
I  never  thought  that  it  was  intended  for  the  vessel,  neither  did  I  know  that  it  was. 
*  "  *  1  had  not  intent,  nor  would  1  do  so,  to  use  the  Oreto  to  commit  hostilities 
against  any  power  or  state. 

On  cross-exiunination  he  said  :^ 

I  receive<l  my  instructions  from  Messrs.  Fawcett,  Preston  &  Co.  as  to  the  voyage. 
They  were  written.  [The  instructions  were  produced  in  court.]  In  the  eonversatimi 
referri'd  to  in  the  letter  dated  'i'Jd  March,  IHG'^,  I  proposed  going  to  Nassau  iiistcail  of 
Havana.  No  instructions  were  giv<'n  to  me  as  to  the  ultimate  destination  of  the  viN^tl 
after  she  reached  Na.ssaii.  •♦  *  »  I  i,;i,i  n,,  knowledge  whatever,  when  the  vi'sm'! 
cleared   for   Havana,  that  she  was  ultimately   bound   to   the   Confederate   States  m 


'  Apjiendix,  vol.  i,  p.  47. 


«Ibid.,  p.  4e. 


3  1bid.,p.  r>0. 


CASE    OF    ORFAT    BRITAIN. 


289 


Ann!i'ic!i.  I  have  no  kiiowledjje  wlictlier  tht^  vnssi>l  was  to  roturn  to  Eiiiope  or  not ;  I 
liiivc  no  knowh^lfjo  one  way  or  Mio  other.  I  have,  no  kiiowh>clj;t'.  whatever  that  Hho 
liiul  b(M'ii  sohl  or  iij^reeil  to  hi;  sokl  to  any  persons  in  the  Confederate  .States. 

With  respect  to  the  crew  of  the  ve.s.sel,  the  cousiguee  gave  evidence 

iis  follows:' 

W(^  liinl  some  diffienlty  with  the  crew.  Tliey  set  n])  a  plea  that  the  vessel  not  liav- 
iiicv  toiiclied  at  Faiermo,  there  had  been  a  deviation  ot"  the  voyiijje,  and  therefor*!  they 
claimed  their  di^if-diarf^e.  We  deninrred  to  this,  hut  afterward  ajiieed  to  pay  them 
their  wMiji's  up  to  date,  and  ;j;ive  them  a  hoinis  of  £•">  and  i)ay  their  jtassaKe  to  Kiij^land 
it'tluy  wonhl  not  remain  in  the  sliip.  This  they  refused  to  aecept,  statiiifj;  tliat,  from 
llic  several  visits  of  the  otlieers  of  the  man-of-war  on  hoard  the  vessel,  they  e(»i)sidered 
sill' was  of  a  siispieioMH  eharaeter,  and  that  they  would  not  <;o  in  her  unless  tlie  gov- 
iinoriiiid  (Japtaiu  Iliekley  j^narantecd  their  safety.  iSome  aeeepted  the  terms  that  were 
(ilf'iieil.  In  conseqiiente  of  this  they  were  summoned  hefore  the  ])oliee  ma;ristrate,  and 
tilt'  case  was  broiij^ht  under  his  adjudieation.  They  eleeted  to  take  tiu^ir  diseharj;*;. 
1  was  jiresent  at  the  time  t!iey  then  and  thcn^  a<j;reed  to  (piit  the  ship.  They  then 
obtaiiiiMt  leave!  to  jro  on  board  for  their  clotiies.  The  men  were  disehar<;ed  Uy  the 
iiiii};istrate.  In  eonHe(|uenee  of  tills  we  •••ot  a  sliipiiiii<>-master  to  ship  another  (irew  for 
till!  OiTto.  I  think  there  were  fifteen  or  sixteen  new  hands  then  shipped.  They 
riceivcd  the  usual  advance.  It  was  our  intention  to  send  her  immediately  to  sea.  I 
iiad  anaufjed  with  the  pilot  to  take  her  out  tht!  followinjx  morninff,  (Sunday;)  they, 
however,  missed  tin;  title,  the  erew  not  haviufj  eonie  on  hoard.  Tlie  vessel  was  ajjaiii 
siizid  that  day.  The  crew  we  shipped  then  h^l't  the  Oreto.  I  have  not  setm  thom 
<iiici',  and  all  the  advance  that  we  paid  is  lost. 

As  to  the  saine  matter,  the  master  stated  as  follows  :- 

Two  niornings  followin<f,  previous  to  this  seizure,  (I  mean  on  Friday  and  Saturday,) 
lonhiicd  uiy  eresv  to  get  tlie  vessel  under  way,  hut  tli'y  refiisi^il,  statiuir  tliat  I  had 
ili'coived  them  once,  and  that  they  wouhl  not  belie vts  what  I  told  theui  a,4;aMi.  I  told 
tliciii  she  was  (deartid  for  Havana,  and  hound  there  as  far  as  I  kiunv.  They  still 
wiitinued  to  refuse  to  work,  and  said  that  they  would  not  helievt;  anylhiufj  that  I  told 
llit'in.  Ill  ((Uisequenee  of  this  I  sent  warrants  on  board  for  them.  Tlu^y  all  appijared 
liifore  the  ma};istrate.  They  said  that  they  wiiuld  not  proceed  in  tlu;  vessel  unleiM 
tlii'V  Were  jj;uarantee«l  that  they  would  be  safe  from  any  Anieiiean  (Muisers.  They 
then  said  that  they  would  take  their  diseharj^e,  and  tiie  wliolc-  of  them  took  their  dis- 
iliarge. 

Oil  the  lid  of  Augu.st,  1862,  the  .judse  of  the  court  pronounced  judg- 
nuMit  in  the  case,  reviewing  at  considerable  length  the  evidence  which 
liiul  been  produced  on  both  sides,  and  stating  what,  in  his  opinion,  was 
rlic  effect  and  value  of  that  evidence.     At  the  beginning,  he  saidr' 

Ti)  support  the  libel,  it  is  necessary  that  proof  should  be  j^iven — 

Isf.  That  the  atoresaiil  parties,  haviiijr  (;liar;j;<!  of  the  Oreto,  while  the  vessel  was 
within  the  jurisdiction  of  the  vici'-admiralty  court  of  the  Hahanias,  att<Mii[>fcod  to 
ii|iiip,  fnrnish,  and  tit  her  out  as  a  vessel  of  war; 

Jiliy.  That  such  attempt  was  made  with  the  intent  that  she  should  be  employed  iu 
thi'  Mivice  of  the  Confederated  States  of  America  ;  and, 

'•'My.  That  such  service  was  to  cruise  and  coaimit  hostilities  aj^ainst  the  eitizeuH  of 
tin;  I'liited  States  of  America.  Witnesses  have  aecordinj;ly  lii-en  prodmsed  to  prova 
tliiittlK!  Oieto  is  constructed  fi  .  . '.  titted  as  a  war-vessel;  that  acts  have  been  done 
ill  hor,  since  she  came  to  Nassau,  wiiieh  constitute  an  attemitt  to  etpiip,  tit,  and  arm 
liirasa  vessel  of  war;  rhatfiom  certain  conversations  which  were  overheard  between 
till'  Miii.stir  of  the  vessel  and  a  person  wli<»  came  out  jtasstMiger  iu  hei',  and  from  certain 
ii'tudime  by  this  person,  there  is  proof  tliat  she  was  intended  for  the  service  of  the 
I'lnt'i'dcrated  States  of  America,  and  to  cruise  a<;ainst  the  citizens  of  the  United  States. 

After  recapitulating  the  substance  of  the  evidence,  he  said  :* 

1  iii^  question  now  to  be  decided  is,  whether,  upon  a  (iareful  consitleratioii  of  the  evi- 
dence, there  appears  proof,  fir  circumstantial  evidence  amoiiutiujj  to  reaMonabiu 

[WJ  proof,  tliat  a  violation  of  the  provis*ions  of  the  foreij^u-eulistment  act  has  boeu 
c'lnmiitted  by  the  parties  h^viii;;  charge  of  the  Oreto.     First,  by  attempting,  by 

my  act  dime  since  she  came  into  {(his colony,  to  lit  or  eipiip  the  Oreto  as  a  vesstd  of  war. 

■^'•I'lMidl^ .  by  making  sueh  attempt  for  the  purpose  of  fitting  and  e(piii»ping  her  as  a 

U'ssel  of  war  for  the  service  of  the  Confederated  States  of  America,  to  cruise  and  com- 


'  Appendi.v,  vol.  i,  p. 

'Ibid.,  p.  ay. 


'Ibid.,  p. 
IDA 


).  4(). 


-  Ibid.,  p.  49. 
*  Ibid.,  p.  5U. 


290 


TREATY    OF    WASHIN(JTON. 


luit  li()8tilities  aj^uinst  the  citizens  of  the  rnitcd  States  of  AiiKU-icii.  I  havo  iilr('a(l\ 
Haiti  that  wliat  took  phico  hi-foro  tho  vessisl  caiiii!  here  viui  only  he  leccivod  as  cliK'idiJ. 
tory  or  explanatory  of  what  has  occurred  since  that  time.  Two  lin^ts  have  heeii  iirovcd. 
both  of  which,  it  has  l»e<Mi  contended,  are  violations  of  the  act.  One  is  that,  while  tlir 
vessel  lay  at  Cochrane's  Anchorage,  some  blocks  were  stropi>e<l  in  such  a  manner  tliiit 
they  mif^lit  bo  used  as  •'iin-taeklo  blocks,  and  tiiat  tliey  wer(^  so  called  in  an  entrv  in 
tlw  ship's  loff-book,  and  'ty  some  of  the  crew.  The  other,  that  a  number  of  boxes  imi- 
taining  shells  were  i)Ut  in  the  ship  after  she  came  into  this  harbor,  and  wvav  takt.ii  out 
again. 

He  arrived  at  the  coiieln.sioii  that  there  was  no  snfli(!ierit  evidoiioo  of 
any  act  done,  or  attempt  made,  since  the  Oreto  had  come  to  the  colony. 
to  fit  out  or  equip  her  as  a  vessel  of  war. 

He  was  further  of  opinion  that,  although  the  ves.sel  mi;,dit  not  bocal- 
cidated  to  carry  the  ordinary  bullcy  car^o  of  merchant-ships,  she  was 
capabhA  of  carryinj^'  a  eonsideral)Ui  (quantity  of  some  kinds  of  carj^o,  and 
that  it  was  not  improbable  thi.t  a  vessel  of  her  description  might  lie 
used  lor  runnino  the  blockade. 

lie  was  also  of  opinion  that  the  evidence  connectinj;>' her  with  the  Con 
federate  States,  as  a  vessel  to  be  used  in  their  service  to  cruise  against 
the  United  States,  was  "  slight.'" 

It  rests  entirely  on  her  connection  with  a  gentleman  named  liowe,  who  eanie  out  \)i[>- 
senger  in  her,  and  some  evideiK'.e  has  been  giv(Mi  from  which  it  may  !i<!  iiifeiicil  liia! 
this  Mr.  Lowe  is  connected  in  some  way  with  the  .Southern  Stati's.  lie  is^aid  by  sonic 
of  the  crew  to  have  exercised  sonn-  control  over  tin;  Oreto.  This  is  d('nied  on  oatli  liy 
Mr.  Harris  and  Cajjtain  Duguid.  Ihit  assuming  it  to  be  true,  and  assuming  also  that 
Mr.  Lowe  is  eonne(!t(!d  with  the  Confe.d(!rat<Ml  States,  no  oiu^  can  state  that  Mr.  Lowe, 
or  his  employ«;rs,  if  he  have  any,  may  not  have  engaged  tho  Oreto  (or  the  ])uriiostMit 
.  .irrying  munitions  of  war,  which  wo  have  seen  she  is  well  capable  of  doing,  and  tlii> 
would  not  have  been  an  infring<'nii'nt  of  the  act  under  which  she  is  lil)eled.  Hut  tin' 
evideiu'c.  connecting  tlu?  Oieto  with  the  ("onfederated  States  restsalmost  entirely  on  t]\r 
evidcince  of  tin;  steward,  Ward,  whose  testimony  I  have  already  (ixplained  my  rcnson^ 
for  receiving  with  nnich  doubt. 

,    The  Judge,  therefore,  made  a  decree  for  the  restoration  of  the  vessel 

to  the  master,  claiming  on  behalf  of  the  alleged  owner,  John  Ilenn 

Thomas — 

Under  all  tho  eircumstiinees  of  the  case,  I  do  not  feel  that  I  should  be  justified  in , 
condemning  th(i  Oreto.     She  will,  therefore,  be  restored. 

With  respect  to  costs,  although  I  am  of  opinion  that  there  is  not  snftieient  evidem  ■ 
of  ilh'gal  conduct  to  condtunn  the  vessel,  yet  I  think  all  the  circumstanc(!s  of  theciiM' 
taken  together  seem  suHicient  to  justify  strong  suspicion  that  an  attemi)t  was  beini; 
made  to  infringe  that  neutrality  so  wisely  determined  upon  by  Her  Majesty's  govern- 
ment. It  is  the  duty  of  the  oHicers  of  Her  Majesty's  navy  to  ))rev<;nt,  as  iar  as  iniiy  1"' 
in  thi'ir  power,  any  such  infringement  of  the  neutrality.  I  think  that  Captain  llick- 
ley  had  prima  /ae/e  grounds  for  seizing  the  Oreto;  and  I,  therefore,  decree  that  ciuli 
l)arty  pay  his  own  costs. 

The  assumption,  on  whicli  the  judge  appears  to  have  proceeded,  tliiit 
evidence  of  acts  <lone  before  the  Oreto  arrived  at  the  Bahamas  could 
not  be  received,  unless  for  the  purpose  of  explaining  or  elucidating  acts 
done  after  her  arrival,  may  have  been  erroneous,  and  Her  iMajostys 
gov-erument  believes  tliat  it  was  so.  Her  Majosty's  government  be 
lieves  that  in  a  proceeding  in  rem  against  a  ship,  to  enforce  a  furfeiture 
for  an  alleged  infringement  of  the  statute,  a  court,  wherever  locally 
situate  within  the  dominions  of  the  Crown,  might  lawfully  receive  ami 
adjudicate  upon  evidence  of  such  infringement,  wherever  the  act  oraots 
constituting  it  might  have  been  committed. 

The  decision,  however,  although  founded  in  part  ou  an  assumption 

that  Her  Majesty's  government  considers  open,  at  least,  to  grave  doubt, 

was  the  judgment  of  a  court  of  competent  juris  Action,  and  was,  as  such, 

bindir.g  ou  the  executive  authorities  of  the  colony.    And  it  is  fnitliei' 

.  to  be  observed,  that  proof  of  acts  done  out  of  the  limits  of  the  colony 


Maniliist  of  e 


'  Appendix,  vol.  i,  p.  52. 


CASE    OF    (iREAT    BRITAIN. 


291 


had  It  been  tender*  d  and  admitted,  could  not  have  altered  the  decision 
of  the  court,  unles.,  it  had  supplied  eviden(!e  also  ot  an  unlawful  inten- 
tion. 

Her  Britannic  Msijest.v's  jjoverninent,  on  the  31st  'luly,  18<J2,  received 
from  the  governor  of  the  Bahamas  intelligence  of  the  measures  taken  in 
respect  of  the  Oreto. 

The  seizure  of  the  vessel  was  approved  by  Her  INInJest.v's  govern- 
meut,  and  the  governor  was  informed  that  she  should  be  detained  until 
instructions  could  be  given  as  to  what  further  process  should  be 
f07j  instituted.^  The  lords  commissioners  of  the  treasury  *wcre  at 
the  same  time  requested  to  consider  the  pro])riety  of  sending  an 
otficer  of  customs  from  Liverpool  who  could  give  evidentte  of  tlie  facts 
wliich  occurred  in  regard  to  the  Oreto  at  that  place,  and  incpiiries  with 
that  view  were  forthwith  made  by  the  commissioners  of  customs. 

Iiitolligeiice  of  the  decree  of  the  vice-admiralty  court  of  the  Baha- 
mas, ordering  the  restoration  of  the  Oreto,  was  received  by  Her 
Majesty's  government  on  the  10th  Sei)tember,  ISGli. 

The  Oreto  was  released,  in  obedience  to  the  decree  of  the  court; 
and  on  the  7th  August,  1802,  she  was  cleared  at  the  Nassau  custom- 
house as  a  merchant-vessel  with  cargo,  for  Saint  John's,  New  Brunswic^k, 
iis  appears  from  the  subjoined  copy  of  the  manifest  of  cargo,  extracted 
from  the  books  of  the  revenue  department  of  the  Bahamas:^ 

OitluardH. 


Maiiii'cst  of  curgo  on  boanl  IJritish  .steamer  Oreto,  A.  L.  Read,  master,  for  St.  Jolui's. 
N.  15.     178toii.s;  1'2  feet  water;  .')"2  men. 


'I  Legs  white  lead. 

'.',  barrels  oil. 

'2  piiDcheoiis  rnm. 

tJ  cases  ^  aud  i  boxes  tobacco. 

4  barrels  sugar. 

4  bags  coft'ee. 

(Signed) 
Nassau,  Xew  Providence,  August  7,  lH6"i. 


iJe'  barrels  bread. 

1^  jilieese. 

;i  kegs  butter. 

f"  l)jig8  pepjx'r. 

4  Itoxes  caudles. 


.1.  L.  READ. 


Oil  or  about  the  7th  August  the  Oreto  sailed  from  Nassau.  Of  the 
subsequent  history  of  this  vessel,  from  the  time  of  her  leaving  Nassau 
to  that  of  her  arrival  in  a  port  of  the  Confederate  States,  Her  Britannic 
Majesty's  government  has  no  knowledge ;  but  it  has  been  informed  and 
beUeves  that  she  was  subsequently  armed  for  war  by  a  Captain  Maftit, 
who  had  formerly  held  a  commission  in  the  United  States  Navy,  and 
was  then  a  commissioned  officer  in  the  service  of  the  Confederate  States; 
that  she  was  then  commissioned  as  a  ship-of-war  of  the  Confederate 
States,  under  the  command  of  the  said  Maffit,  and  her  named  changed 
tjom  "  the  Oreto "  to  "  the  Florida ; "  and  that,  after  keeping  the  sea 
for  a  few  days,  she  put  in  at  the  port  of  Cardenas,  in  Cuba,  where  (or  at 
the  Havana)  she  remained  for  nearly  a  month.  On  the  4th  September 
the  vessel  arrived  at  and  entered  the  port  of  Mobile  in  the  Confederate 
States,  which  was  then  blockaded  by  three  United  States  ships  of  war. 
She  remained  in  port  for  upward  of  four  months.  She  was  repaired 
and  refitted,  and  shipped  a  crew,  and,  in  January,  1863,  was  sent  to  sea 
froii  Mobile,  under  the  command  of  Maffit,  as  a  Confederate  States 
ship  of  war. 

The  United  States  consul   at   Nassau,  after   the  departure  of  the 


14 


'  Appendix,  vol.  i,  pp.  29,  31,  et  seq. 


'  Ibid.,  p.  58. 


w 

'1: 


2\)2 


TREATY    OF    WASIIINCJTON. 


u  yi.: 

■n 


,^    m 


vessel,  and   on  the  8th   September,  18G2,  wrote   to  tlie  jjovornor  as 
follows:' 

UmTK.I)  STATKS  CoNSt'l.ATi;, 

Nanmu,  Siw  I'rovidiHvr,  Scplemhvr  H,  1802. 
Silt :  I  liave  tho  lioiior  to  iiiforiii  your  oxcelloncy  that  I  hav«  jjood  authority  for  stat- 
ing that  tlu?  schooner  Priiicf  Alfred,  of  NaHwaii,  took  th«*  Oreto'.s  arinanicnt  from  tliis 
l>ort  aii<l  di.seharfjcd  the  same  on  hoard  tliat  steaniiT  at  Green  Cay,  onc^  of  tlie  IJiiIiiiiiiiis ; 
that  the  Oreto  afterward  l«'ft  (Jrcen  Cay  with  tlie  seeesHion  Ihifj  tlyinjj  at  her  jiciik; 
that  the  IVince  Alfred  has  returned  to  this  port,  and  now  lies  at  Coelnane's  An(  liorjijje, 
and  I  ani  credibly  informed  tliat  her  ea))tain  is  a<!;i.in  shijipin;;  men  to  Ik!  N(;nt  to  the 
Oreto,  in  direct  contravention  of  the  fort^i^n-enlistnient  a<'t. 

I  earnestly  ur<fe  ujton  your  excellency  the  j)roi)ri<ity  of  institutiii";  some  iiwiiiiry  into 
these  matters,  and  of  jireventin}?  acts  so  j)rejudicial  to  the  interests  of  tlie  I'ricudlv 
j(overiiment  wliich  1  have  the  honor  to  represent. 
I  have,  &c., 
(Sif,'ued)  SAMUEL  WHITING. 

The  colonial  secretary  replied  as  follows  : 

Colonial  Okiick, 

NdHHUii,  Scptvmhcr  9,  IHGi*. 

Sir:  In  reply  to  your  letter  of  tho  8tli  instant,  directed  to  tho  f^overiior,  I  am  in- 
structed hy  his  excellency  to  inform  you  that,  if  you  feel  assured  that  you  have  siilli- 
cient  credihie  evidence  to  suhstantiat<!  your  allejuation,  and  will  ))utyonr  evirleiice  into 
the  hands  of  the  attoriiey-geiie-ial,  his  excellency  will  dinsct  a  prosecution  nfifiiiist  tiii> 
caittaiii  of  the  I'rinco  Alfred,  or  others  who  may  have  been  guilty  of  violating  tlit; 
foreigu-enlistnient  act. 

Hut  his  excellency  has  no  authority  to  take  any  steps  against  tho  Oreto,  which  is 
out  of  his  excellency's  jurisdiction. 
I  have,  &c., 
(Signed)  C.  R.  NESHITT, 

Colonial  Svcrdary. 

GS]  *Xo  evidence  whatever  in  support  of  the  allegations  of  the  con 
sul  appears  to  have  been  furnished  by  him,  and  no  facts  wore 
produced  on  which  a  prosecution  could  be  founded. 

The  subsecpient  history  of  the  Florida,  so  far  as  it  is  known  to  Ihi 
Majesty's  government  from  official  reports  and  other  sources,  iis  as 
follows : 

On  the  25th  January,  18(»3,  the  Florida  came  into  the  harbor  of  Nas 
sau,  where  she  renuiined  twenty-six  hours  ;  and  on  the  24th  February 
she  put  in  at  Barbados,  where  she  remained  about  two  days,  (being 
detained  for  twenty-four  hours  at  the  request  of  the  United  States  con 
sul,  in  order  to  allow  time  for  the  sailing  of  a  United  States  merchant 
vessel  then  in  the  harbor.)  Each  of  these  colonies  had  been  repeatcdh 
visited  by  United  States  shii)s  of  war.  It  was  alleged  that  in  each  oi 
them  some  advantage  or  indulgence  which  United  States  vessels  bad 
not  enjoyed  had  been  granted  to  the  Florida.  But  it  was  shown  by 
the  governors  of  those  colonies  that  this  assertion  was  entirely  erronc 
(HIS,  and  that  no  advantage  was  conceded  to  the  Florida  which  had  not 
been  before  granted  to  cruisers  of  the  United  State; .  It  appeared,  liow- 
ever,  that  both  the  United  States  ship  Sa"  Jacinto  and  the  confederate 
ship  Florida  had  been  permitted  to  obtain  coal  at  Barbados  within  a 
less  tinje  than  three  months  after  they  had  respectively  coaled  at  anotlier 
British  colony,  the  commander  of  each  vessel  having  alleged  that  his 
supply  of  coal  had  been  exhausted  by  stress  of  weather.  In  consequence 
of  this  the  following  dispatch  was  addressed  by  Her  Majesty's  secretary 
of  state  for  the  colonies  to  the  governor  of  Barbados ;  and  instrnctions, 
substantially  to  the  same  effect,  were  sent  to  the  governors  of  the  other 
British  colonies  in  the  West  Indies  :^ 


'Appendix,  vol.  i,  p.  87. 


^  Ibid.,  p.  102. 


CASE    OF    UIIEAT    BRITAIN. 


293 


DowNiNO  Strket,  Julji  If),  1863. 

Sik:  I  lifivc  r«(!eivo(l  iintl  liad  nn(l«?r  my  consideration  your  (lispatoli  of  tlio  7th 
Marili,  Ki^''"K  ""  iiccouiit  of  certain  cotnninni<!!itions  wliicli  have  passed  between  yonr- 
j.tlf  and  Ilear-A<liniral  Willtes,  of  tlic  United  States  Navy. 

Yon  were  (piite  ri^^lit  in  refiisinjj  to  enter  into  correspondence  with  that  ofilcer  upon 
the  matter  adverted  to  in  liis  dispatch  of  the  .'itii  March.  On  this  and  other  occasions 
it  has  licconie  evi<h'nt  thiit  interviews  and  exiilaiiatioiis  snch  as  yon  accorded  to  Rcar- 
Ailiiiiral  Wilkes  were  inadti  tin!  jiretext  for  placing;  on  nn-ord  charjjes  more  or  less 
direct  aj^ainst  otflcers  of  Her  Miijesty.  And  I  think  tiiiit,  as  the  jiovernor  of  ono  of 
Her  Majesty's  colonies  owes  no  explanation  of  his  conduct  to  an  olTicer  of  the  United 
States  Xavy,  it  will  he  prndont  hereafter  to  avoid  sn(di  explanations  as  far  as  the  rnles 
(it  eiinrtesy  wil.  allow.  It  is  the  wish  of  Her  Majesty's  ;;(ivernnH'nt  that  mattcirs  of 
foiniilaint  shonid  in  fjeneral  he  dis(Missed  between  the  two  j;ov(!rnnients  concerned 
rather  than  between  any  snbordinat«!  ollicers. 

Witli  re^jard  to  the  issne  of  coal  to  the  war-vessels  of  the  bellifjerer.ts,  yon  have.  I 
think,  allowed  yonr.self  too  much  liberty  in  j^ivinp;  the  ''special  jiermission"  to  take  in 
fuel  eoiiteinplated  in  Her  Majesty's  proclamation.  Coal,  in  the  oiiinion  of  Her 
Majesty's  ijoviMiinient,  on^ht  not  to  be  Hnjtplicd  to  a  vessel  of  war  of  cither  belli;r(.icnt 
iscept  in  such  (piantity  as  may  bo  neccssaiy  to  carry  such  vessel  to  the  nearest  port 
(ifiicrown  country,  (or,  of  course,  any  nearer  port.)  ami  this,  I  will  add,  willunit  refer- 
iiiee  to  the  (piestiou  whether  the  ports  of  that  country  are  or  are  not  nnder  blockade. 
Ill  case  of  such  blockade  it  will  rest  with  the  ollicer  in  coinmaiul  to  seek  sonu;  more 
(•(iiiveiiicut  destination.  If  within  tlu^  period  prescribed  by  the  |)ro(!lanKition  a  vessel 
thus  I'iniiislied  with  coal  in  one  of  Her  Majesty's  ])ossessions  shonid  ai)i)ly  for  a  se(u>nd 
■iiipjily  in  the  same  or  another  colony,  the  aj)])lication  nniy  ho  fi;rantcd  if  it  is  made  to 
appear  tiiat,  owinjj  to  real  necessities  arisin;>;  from  stress  of  weather,  the  coal  orij^inally 
iiveii  lias  been  prematurely  exh;insted  befor«!  it<  was  jiossible  that  the  vessel  could, 
under  existinji  circumstances,  havt;  reachi-d  the  destination  for  which  she  coaled. 

lint  if  it  shonid  be  the  case  that  the  vessel  has  not,  since  taking  in  coal,  been  hoiin 
/ii'((ieeupied  in  seekinjj  her  allej^ed  destination,  but  has  consnnu'd  In-r  fuel  in  <'rnisinj;, 
theeiial  should  not  be  replenished   under  the  terms  of  the  proclamation.     Sui;h  a.  case 
is  not  one  to  which  "  special  permission"  referred  to  in  that  proclamation  was  intended 
ti>  apply. 

Her  .Majesty's  government  are  of  opinion  tliat  the  ref^ulations  of  the  proclama- 
tion thus  iMter[)retcd  shonid  be  strictly  adhered  to  without  any  arbitrary  concession 
tiiiithcr  bellin-i^ient.  It  is  by  such  a  cotirso  that  misunderstanding's  and  comi)laints 
»(■  jiartialily  will  be  most  certainly  avoided.  An  nnanthorized  concession  to  one  bel- 
ii),'ereiit.  it  i.ii'y  be  safely  assumed,  will  not  be  acct^pted  by  those  to  whom  it  is  made 
asa  jnstitication  of  a  similar  concession  in  an  opposite,  direction. 

I  approve  of  your  havinij  coiiununicatcd  to  the  olKicers  administerinn;  the  {rovern- 
iniiit  of  the  other  West  Indian  islands  the  fact  that  certain  Federal  and  confeder.ite 
vessels  of  war  had  calhid  at  Barbados. 

I  shall  instruct  the  }>overnors  of  the  other  islands  to  follow  the  same  course,  com - 
iiiiiuieatiim;  in  all  cases  the  name  of  the  vessel,  its  allej^ed  destination,  and  the  date  ot 
neeiviiij;:  the  coal,  and  the  <inantity  allowed  to  he  placed  on  board. 
I  have,  &c., 
(Sioued) 

On  the  8th  May,  18G3,  the  Florida  entered  the  harbor  of  Pernanibuco, 
and  received  permission  to  remain  there  for  twenty-four  hours.    Cap- 
tain Mafflt  stated  to  the  president  of  the  province  that  the  ma- 
jOD]     chinery  of  his  ship  was  out  of  order  and  required  repair;  and  *he 
obtained,  on   this  ground,  leave  to  stay  for  three  or  four  days. 
The  machinery  was  repaired  on  shore,  and  he  sailed  on  the  12th 
May. 

The  Unite<l  States  consul  at  Peruambuco  addressed  a  remonstrance 
to  the  authorities  protesting'  against  any  accommodation  being  granted 
to  a  vessel  which  he  insisted  should  be  regarded  as  piratical. 

Tlie  president  replied  that  there  had  been  no  infringement  of  the  let- 
ter or  spirit  of  international  law  in  the  course  which  had  been  pursued 
j>,v  the  authorities;  that  he  could  not  agree  with  the  consul  in  regard- 
ing the  Florida  as  piratical,  and  could  not  admit  his  protest. 

Ou  the  16th  July,  1803,  the  Florida  came  into  the  port  of  St.  George's, 
Bermuda,  her  commander  having  previously  applied  for  and  obtained 
leave  to  enter  for  the  purpose  of  procuring  coals  and  making  necessary 
repairs.     Being  unable  to  obtain  coal  from  private  persons,  Captain 


WW 


2!U 


TKKATY    OF    WASHINGTON. 


M 


Miiflit  requested  to  he  allowed  to  purcliaae  some  from  the  Governmont 
.stores,  and  he  recpiested  also  that  peniiissioii  ii)i{>lit  he  <;iveii  liim  to 
have  his  ship  repaired  in  the  jjoverninent  doek-yard.  Thes(^  requests 
were  refused,  as  appears  from  tlie  following;'  correspon«lenee:' 

Mr.  U'alkir  to  (ioventor  Ord. 

Saint  Giooitiiii's,  JnJti  IH,  imx 
SiH  :  At  llio  rccniost  of  ('Mptaiii  Malilt,  comiimndinj?  Coiifcdcratf^  States  stcaiiur 
(■'loiiila,  I  Iiavn  tlio  lionor  to  iDforni  your  oxct'llciicy  that,  on  lii.s  apitlicaticii  at  tin 
(lock-yard  this  iiifniiiiiK  lor  loals,  lu^  was  inl'oriiicd  liy  (Japtaiii  Glass*;  that,  iiikIit  lii> 
Iti'f.st'nt  iiistnictiouH,  \\v  did  not  feel  jiiithoiiztsd  to  furnish  the  Florida  with  tin-  Mimll 
Hiiioiint  oven  whii-h  Captain  Matlit  nM|nir<-<1. 

Ah  tlio  Florida  must  tliert'forn  of  neceHsity  be  detained  at  tliis  port  as  a  vessel  in 
distn^Hs  until  the  arrival  of  coals  which  are  <laily  expected,  Captain  Matlit  l)e;;s  nie  tn 
inquire  of  your  exct^lloncy  if  the  privile}j;e  will  bo  accorded  to  him  of  jiroeeedjnir  to 
the  dock-yard  for  the  purpctse  of  haviiij^  eti'ected  some  rejiairs  to  machintMy  and  hull  ni 
ship,  which  are  of  essential  importance,  and  which  cuiinot  be  elfected  in  the  port  of 
St.  Georj^o's. 

I  have,  »fcc., 

(Sij,'ned)  NORMAN  STEWART  WALKKK. 

(iovenior  Old  to  Mr.  Walker. 

Mount  Lanoton,  Jnlii  10,  W,'X 

SiK  :  I  hav«'  the  lionor  to  acknowledfjo  the  receipt  of  your  letter  of  the  IStli  inst.nit. 
informin<j;  me,  at  the  riMpiest  of  Captain  Maflit,  of  tin?  Contederate  States  slciiiiHi 
Florida,  that,  havinj;  applicid  yesterday  at  the  dock-yard  for  coals,  he  was  infonned  li\ 
(.'a])taiu  (ilasse,  royal  niivy,  that  he  did  not  feel  authorized  to  fur\iish  the  Flmiiln 
with  the  small  amount  slu!  re(piire<l,  and  further  statiu};  that,  as  the  Florida  hum 
tln^refoiH}  of  necessity  W  detained  at  this  i)()rt  as  a  vessel  in  distress  until  the  anival  mi 
coals,  which  are  daily  cx])ecied,  (Captain  Malllt  bejis  yon  to  iu(|uire  whether  the  jiiiv- 
ilejj;e  will  b(!  accorded  to  him  of  procet-din;;  to  the  dtxdv-yard  for  the  ])urpose  ofijiviii;,' 
eti'ected  some  rei)air8  to  m;ichinery  aiul  hull  of  ship  which  are  of  t!ssential  iniportaiiif, 
and  which  cannot  bt;  etfected  in  the  port  of  .St.  Geor};o's. 

Haviufj;  referred  this  application  to  C'ljitain  Glas.se,  superintendent  of  the  dock-yiud. 
I  have  the  honor  to  acquaint  you  that  he  informs  me  that  ho  does  not  feed  hiniself  at 
liberty  to  allow  of  any  repairs  to  the  machinery  or  hull  of  the  Confet'  > -ate  Stato 
steamer  of  war  Florida  beiuf^  ett'ected  in  Her  Majesty's  dock-yard. 

In 'makinjj  this  communication  I  have  to  express  a  hope  that  Captain  Matlit  may 
yet  find  it  in  his  power  to  obtain  for  his  ves.scl  such  supplies  of  coal  and  such  uoetwarv 
repairs  as  will  enable  her  to  proceed  without  delay  to  her  destination,  but  I  nuist  at 
the  same  time  point  out  that  Her  Majesty's  instructions  (with  a  copy  of  which  Cajitaiii 
Matlit  was  sui)plie<l  on  the  IGth  instant)  are  very  strini^ent  as  to  the  limitation  of  tin' 
stay  in  Briti.sh  waters  of  vessels  of  war  of  the  United  States  or  Confederate  States,  iiiid 
that  it  is  necessary  that  whatever  may  bo  re(|nired  to  enable  the  Florida  to  take  lie: 
departuio  from  tlie.-ie  islands  .should  be  provided  in  the  shortest  possible  peritnl.  li. 
bowever,  Captain  Matlit  slunild  find  it  impos.sible  to  procure  at  the  present  time  what- 
ever njay  be  requisite  for  this  purpo.se,  1  must  recjuest  that  he  will  .at  once  proceed  with 
the  Florida  to  (jra-ssy  Bay,  there  to  remain  until  his  departure  from  the  colony  is  ren- 
dered })racticable. 

I  hjive,  &c., 

(Signed)  H.  ST.  GEORGE  OKD. 

Mr.  Walker  to  Governor  Ord. 

St.  George'.s,  July  20,  im. 
Siu  :  Since  the  communication  wbich  I  liad  the  honor  to  address  to  your  exeellemy 
on  Saturday  evening  last.  Captain  Mattit  has  been  informed  that  there  is  a  largo  quaii' 
tity  t  "  coals  at  this  port  belonging  to  the  commissariat  department. 

He  therefore  requests  me,  in  his  great  emergency,  to  apply,  through  your  excelli'iay. 
to  the  proper  otticers,  for  a  quantity  sutHcieut  to  carry  his  vessel  to  some  other  coali:?; 

depot. 
[70]        'Captain  Matflt  will  be  happy  to  have  the  opportunity  of  paying  for  the  coal> 
in  coin  immediutely,  or  of  having  them  returned  iu  kind,  within  two  or  tlint' 
weeks,  at  any  point  in  the  island  which  may  be  indicated. 
I  have,  &c., 
(Signed)  NORMAN  STEWART  WALKER. 

'  Appendix,  vol.  i,  p.  109. 


CA8E    OF    (JUKAT    HRITAIN. 


(loronior  fhd  lo  Mr.  IVafkct'. 


21)5 


Slit:  I  hiivo  t\w  Iionur  U>  iickmnvlcdjfi^  tlic  ri'i'i'i|it  nf  your  li'ttcv  ol'  lliis  divy's  <liito, 
ri(|iii'NliM;i,  "III  Iti'liiiir  of  ('ai)tiiiii  Mullit.  ('mifrdciiili'  Statrs  stfiiiiii'i-  Flmidii,  that  iio 
iiiav  lie  |icriiiitl«'il  to  take  Iroiii  a  lar^i^  <|iiaiitity  of  coal  licloii;;'!));;  to  tlu'  coiiiiiiissariitt' 
(liimitMunt  at  St.  (ii'oif^c'.s  a  qiiaiitity  siilHciciit  to  cany  liis  slii|i  to  hoiiic  otlu'i'  coalinji 

ilc|l()t. 

Ill  reply  I  liavt'  to  int'onii  yoti  that  tiio  coal  iit  (|iii;.stioii  is  not  inntcr  my  roiitrol,  but 
iiiidcr  that  of  Colonel  Miiiiro,  the  eonnnaiutunt  of  th(>  troopM. 
I  liavc,  Ae., 
(Si^rnod)  II.  ST.  (iEOIUiK  OKI). 

ColoiiCil  Mmiro  roliiscd  to  allow  coiil  to  bo,  supplied  to  the  b^loiida 
I'rom  tl)e  roiiimissafiat  dcpai'tint'iit.  She  siibsciiiiciitly  obtaiiii'd  .soaic 
tVoiii  a  vessel  which  anivt'd  at  the  colony  (Voiii  Halifax. 

The  coiniiiaiidaiit  of  the  fort  at  IJenntida  had,  on  the  arrival  of  th(^ 
Florida  there,  (joiistMited  to  ex<'haii}>'e  salutes  with  her.  This  at^t  was 
(lisapiti'oved  by  Iltu-  Majesty's  ;'()veniinent  tor  the  reason  that,  whiU< 
(ireat  liritain  had  reei)j;iiized  the  Confederate  States  as  a  bellijjerent, 
slie  had  not  reeoynized  those  States  as  independent  or  their  <jfoverninent 
iisa  sovtueifjn  jjovernnient. 

On  the  L'.'Jd  Au<4iist,  ISdi,  the  Florida  arrived  at  Brest,  havinji;  two 
(liiys  before  taken  and  destroyed  at  sea  a  United  States  inendiantship 
hound  from  Liverpool  to  New  York.  The  followinj*' repurtof  what  then 
occurred  at  Brest  was  siibseipiently  furnished  to  Her  Britaniut;  Majesty's 
iioveiimient  by  Her  Majesty's  consid  at  Brest,  and  is  believed  by  Her 
Ihitaunie  Majt'sty's  jjfovermnent  to  be  true  and  correct:' 

UuivST,  Septmher  '2'i,  1^71. 

.Mv  Loiii):  I  have  the  lioiior  to  acknowlodjfc  the  leeoijit  of  your  lordsliii)'.s  di.s|tatt'h 
of  till'  I'ith  iiistanr,  instiiu;ting  iud  to  liunisli  you  witli  a  rej)ort  c.ontaininf;  all  the  |iiir- 
ticuliii's  of  which  I  could  obtain  intoi'iuati<Mi  rcspuctiiij;'  the  proceiidinjjs  at  this  port  of 
till'  confederate  eruisiir  Florida  in  Ir^oIJ-'tU. 

Ill  oliediencc  to  your  lordship's  coniniands  I  have  now  the  honor  to  report  that  the 
Florida  arrivcid  in  Brest  Hay  at  11  o'clock  on  tho  mornini;  of  the  2'M  of  August,  Hli;{ ; 
iiiiil  her  coiuinanderhavinjj;  declared  that  she  entered  the  port  in  order  that  lier  eii<riiieM 
iiiid  copper  sheathing  might  bo  repaired,  and  for  purposes  of  general  relittiiig,  sho 
olitained  free  juatique  on  the  evening  of  the  following  day. 

Captain  Maflii,  the  commander  of  the  Florida,  was  informed  by  the  admiral  of  tlie 
port,  (prefet  maritime,)  Vice-Admiral  Count  de  Gneyton,  that  he  was  at  liberty  to 
I'll'cit  tlie  repairs  of  the  ship  and  provide  her  with  coal  and  [trovisions,  the  same  as  any 
nitiri'liaiit-ship. 

Captain  MaHit  then  selected  as  his  agents  Messrs.  Massiuier  &  Sous  ;  but  to  this 
sek'(^tion  an  objection  was  raisi'd  by  Count  de  Oneyton,  ou  account  of  their  not  being 
sworn  iirokers;  and,  at  his  suggestion,  M.  Aumaltre,  sworn  broker  and  interpreter, 
was  appointed  agent. 

Liter,  a  M.  I'mpuit  dn  Belley  arrived  from  Paris  as  the  special  agent  of  the  Coiifed- 
I'late  States  for  France.  He,  however,  did  not  remain  here  long,  but  conlirmed  the 
appoiiitiiient  of  M.  Aumaltre. 

Tlic  commercial  resources  of  Brest  proving  insutUcitMit  to  eft'ect  the  repairs  of  the 
Kloiida.  application  was  made  to  the  i)ort  admiral  to  allow  her  to  enter  the  goveru- 
nient  dock-yard,  and  permission  for  her  to  do  so  was  granted,  it  being  stipulated  that 
all  expenses  should  be  re-imbursed  by  the  agent,  M.  Aumaitre,  and  that  her  powdor- 
inai^azine  should  be  cleared  before  entering  the  dock.  To  ell'oct  the  latter  optiratioii,  a 
Soycriiinent  barge  was  furnishofl  for  the  purpose  of  removing  the  ammunition ;  and 
this  liargp  was,  hiter,  moored  in  the  bay. 

On  the  Dth  of  September,  18li'.{,  the  Florida  entered  the  government  dock,  aiut 
remained  there  for  general  repairs  for  u  period  of  about  five  weeks. 

On  the  17th  of  the  same  month  the  Federal  corvette  Kearsarge  put  into  Brest  for  a 
supply  of  coal;  but  this  appears  simply  to  have  been  a  pretext,  as  she  took  but  a  small 
quantity  on  board.  She,  however,  remained  at  anchor  in  the  bay,  with  tires  banked, 
iiutil  tile  30th  of  October,  when  she  proceeded  to  sex,  Qiieeastuwu  being  reported  as 
liisr  destination. 


<j1' 


'  Appendix,  vol.  i,  p.  126. 


rwror 


29(1 


TUKATY    OF    WASHINOTOX. 


'h 


Tins  Fi'tltfrnl  corvette,  liowovur,  rotiirni'd  to  Imt  Hiiclioi'ii){t*  nl  Urvnt  on  tlio  v*7tl 


1 

if 

1 

H 

m 


I  (if 

Novi'inlxT.  iinil  rt'inaiiii'tl  tlicrc  until  tlu^  4Ui  of  Dccniilx-r,  \v)ii>ii  slm  a^iiin  left  iSicst, 
and  c'l'iiiHi'il  (itrciii  rlioiii;;  nnlil,  as  I  am  inrornicil,  licr  coinnianilcr  aHt'crtaiiicd  tlmt 
till!  cont'cili  rat)>  vcshcI  (icorfriu,  tlit'O  ifpairin;;  at  tluit  |>oi't,  would  not  lir  iiiiil.v  loi 
Mra  for  home  time;  wlnTriipon  tlx^  Kcai'.sai'g«i  returned  to  KreNt  Kay,  and  anclidtcil 
tliero  on  the  lltliof  tlie  Name  niontli. 

Mean\>liile  the  Kloiidn  liad  eompleted  lier  repairH  in  tlie  doel<-,vaid,  and  alhi. 
[71]     waid  to(dv  mooiiiii>.s  'in   tiie  merclniiit   harbor  of  Urest,  wlieie  hIh'  was  slowK 
refitted.     On  tin- '^7tli  of  Heeenilier  siie  wa.s  moved  to  the  roadstead,  and  tlicic 
unciiored  witliin  a  halt'  a  mile  ot  the  Kearnai;;!'. 

At  hairpast  I  o'eloek  on  (he  afternoon  of  tlie  **"Jth  of  Deeemlier the  Kearsarj;''  a;;;ihi 
left  Itrest  lor  an  unknown  destination. 

It  a|i|iearH  that  some  of  liii^  nieehanisni  of  the  more  heavy  ;:iins  of  the  Fjoriilii  liiul 
never  lieeii  re;;uiated  ;  and  her  eoniniander  desiring;  to  have  this  done,  an  a|i|iliiMtj(i|| 
vfUH  made  to  the  port  admiral  for  permissicm  to  land  the  <;iins  tor  that  jinrpose,  ixit  tlijs 
was  at  onei;  and  ]iositividy  refused,  on  the  ^rionnd  that  siieli  jin  act  mi;r||t  lie  iiiicr. 
preted  as  an  e(|nivaleiit  to  allowin;;'  a  re-enforeeinent  of  arms. 

Hut,  it  ajiiiears,  her  small-arms  were  allowed  to  he  landed,  in  order  to  herepaind  liy 
a  frnn-maker  of  Mrest,  named  Koek.  'I'liis  permission  was  granted  on  the  a^rnt.  \\. 
Anmaitre,  ^iviii^  a  };narantee  to  the  autlunities  of  the  eiistom-houNo  that  they  slioiild 
hv  reshipped  on  lioard  the  Florida. 

No  arms  or  ammunition  were  furnished  to  the  Florida,  while  liere. 

'I'linuifili  M.  Anmaitre,  the  aj^ent,  I  have  aseertained  that  thirty-five  seamen  cliiinicil 
and  ohtained  their  disehar;;;!-  fnuii  the  Florida  here;  that  they  were,  iii  parr,  leiilaceil 
by  others,  eliielly  natives  of  r>el};ium,  (iermany,  Italy,  and  .Southern  Austria,  liioii;;lii 
to  Hrest  by  railway  direet  from  I'aris,  in  numbers  never  exeeediii};'  four  at  a  time,  ;iii(l 
tliat  they  were  (|nietly  sent  on  board  in  similar  niimliers. 

The  Fedeial  eoivette  Kearsarf{e  re-appeared  in  J?rest  waters  on  tht^  ^id  t\i'  .laiiiiiiiv, 
lH(i4,  and  after  steamiiij;-  about  tlii^  bay  to  within  a  mile  of  tlio  town,  a^^ain  proircdiij 

to  HfH. 

The  eonfederate  cruiser  Florida,  beiiiff  ready  for  sea.  left  Hre.st  between!)  and  III 
o'clock  on  tilt!  evening;  id'  thi!  lUh  of  February,  1H()4.  in  chariie  of  a  pilot,  and  at  a  dis- 
tiiiice  of  about  thirty  miles  fidni  this  ]iort  iia.^'.'^ed  tliioii^h  the  dan;;erons  ]ijissa;;e  Dii 
Hsi/,  inside  the  Saints,  landin>;  the  pilot  at  Andierne. 

On  the  If^tli  of  I'ebriiary  the  Kearsar<;e,  eiuniiifj;  from  Cadiz,  re-aiiitoared  in  \Uv>\ 
lioads  ;  but  her  commander,  ilndin^  that  the  Florida  had  left,  departed  the  followiii;: 
i\ny  for  an  unknown  destination. 

Dnrin;j  the  stay  of  these  two  ships  of  war  in  the  port  of  Brest  the  French  slii])-of  thc- 
line  Louis  Xl\'  was  placiMl  in  a  jiositimi  to  wati-h  their  movements,  the  comiiianiliii^i 
ollicer  haviiifj  orders,  in  the  event  of  one  of  thesi;  vesstds  quitting  tlii^  por*,  to  prevent  1  hi' 
other  from  leavini;'  until  after  the  expiiatioii  of  twenty-four  hours. 

I  am  inlbrmed  that  tlK^  a^ent,  M.  Anmaitre,  paid  tim  authorities  of  the  do(d(-yiird  lor 
repairs  to  the  Florida  i;{.'),()()()  frames,  and  that  thu  total  sum  tixiiendeil  on  her  lieie  ex- 
ceeded :U)l(,(*U()  francs,  which  amounts  were  later  rt!-imbur.sed  by  Mr.  Taylor,  the  piiy- 
inaster  of  the  ship. 

The  Florida,  on  her  arrival  at  Brest,  was  commanded  by  Cai>tain  Mafiit,  who  was 
later  replace<l  by  ('ai)tain  Barney,  who  was  a<;ain  relieved  by  Ca[»tain  Mturis,  mnlci 
whose  command  she  linally  left  this  jiort. 

In  conclusion,  1  bejf  leave  to  state  that  your  lordship's  dis])atch  of  the  12th  instant. 
calliufj  for  this  rejjoit,  liavin}f  been  received  by  Captain  Clipi>erton,  then  acting' consul, 
the  day  before  I  took  clnujie  of  the  consulate,  he  had  already  collec^tt-d  valnalde  iul'nr- 
niation  on  the  siibjeet  to  which  it  riders,  and  I  am,  theiefore,  indebted  to  him  for  a  \m- 
turn  of  tliat  furnished  in  the  present  dispati  h.  1  would,  however,  add  that  bMiiic 
availinij  my.self  of  such  information  I  had  it  veritied  by  persons  competent  to  do  so. 


U\\{\ 


II 
(«i{j;ned) 


HAKKY  KAINALS. 


Tlie  United  States  minister  at  Paris,  Mr.  Dayton,  addressed  .several 
remonstrances  to  the  French  j>overnment  against  the  facilities  attbnU'il 
at  lirest  to  the  Florida,  but  without  success.  An  account  of  these  re- 
monstrances and  the  answers  given  to  them  was  furnished  by  liiiii  to 
his  Government,  and  is  contained  in  the  following  extracts  Iroin  bi.s 
dispatches,  published  by  order  of  the  Goverument  of  the  United 
States : 

I  have  this  day  sent  out  a  note  to  the  minister  informing  him  that  I  had  lenriieil 
that  the  Florida  had  come  into  Brest,  not  for  repairs  of  nnichinery  only,  but  for  coal, 
which  had  been  denied  to  her  at  Bermuda,  from  which  port  she  had  come.  The  tact 
JH  that,  as  she  is  a  good  8ailing-v«;ssel,  aud  bus  crossed  the  Atlantic,  as  I  believe,  priu 


CASK    OI-'    (JHKAT    lUMTAlN. 


2!I7 


(•i|nill,v  'vv  tliiit  nicftiiH,  iicitlicr  coal  nor  nmoliitu'vy  is  ncicHsary  to  Ikt  Niifcfy,  nlllKUiKli 
it^liriil  ciiiivfiiiotici',  doiilitli'Ns.  ill  ciiuiiiiii^  iuT  lo  picy  iipiiii  our  ('(iiniiH'i'rr.  Il  iiia.v 
vM'ii  Im>  lioiilttrd  wiii'ilii'i-  tliif  niii-  which  iiiiiils  aiil  in  niicIi  <  iiscm  to  wliat  is  rallcil  lor 
liv  iitTcsHity  and  hiiiiiaiiily  ai)|ilii-N  at  all  to  her  case.  -(Mv.  Itdi/lon  to  Mr.  Siininl,  'i'tth 

Aiijiiist,  i-t;:(.) 

I  hiivc  t(i-(lay  had  a  coiivcr.Hatioii  with  M.  Didiiyii  dr  LImivh  upon  the  siil.Jrct.  lit- 
Miivs  tliry  ai'o  Miiii'h  aniioyfd  that  thr  I'Morida  Hlioiild  liasr  coiiir  into  a  I'mirh  p(M't. 
Hilt,  liMviiiji;  n'('o;j;iii/('il  tlii'  South  as  liclliifcn'iits,  they  fan  only  deal  with  llu'  vessel 
;is  llii'V  would  deal  with  out'  of  our  ships  of  war  under  like  eireiinistanees.  They  will 
ni\i'  III  r  .so  iiiiieli  aid  as  may  he  essential  to  her  iia\  i^ration.  thoii^h  they  will  not  pro- 
vide liiT  with  anything;  I'or  war.  I  slated  that  .she  Was  a  ;;ood  sailer,  and  really  needed 
iMitiiiii;;  in  the  shape  ot'  rep.'iirs  to  niaehiiiery,  iVc,  to  eiialile  her  to  navigate,  lie  said 
that  it'  sliii  were  deprived  of  her  iiiiiehinery  she  would  he  /»/•(»  IiiiiId  disaMed,  erip|ded, 
ami  iialiii',  like  a  dn<d<  with  its  wiii^s  cut,  to  he  at  once  eaii;;lit  liy  oiir  steamers,  lie 
saiil  it  u  (I  II  id  he  no  fair  answer  to  say  the  due  k  had  le^^s,  a  ml  ctiiild  walk  or  sw  ini,  Miit 
III'  saiil  lliat,  in  addition  to  this,  tin-  otlicers  of  the  iiorl  hail  ri' ported  to  the  •;'n\  ernnieiit 
that  the  \cssel  was  leakiii;;  hadly  ;  that  she  made  water  at  so  mneli  jier  linnr,  ('.Mviii;;- 
till'  iiieasiirement,)  and  unless  re|iaired  she  would  sink;  lh:it  this  fact,  eomin;^  t'roni 
llii'ir  own  oflieers,  he  llinst  leeeive  lis  true.  'I'hey  said  not  liili;^,  how  ('\  el',  aliniit  iiel' 
in|i|ii'r  lieinu;  dania<;'ed,  Imf  leported  that  she  needed  ealkiii<;  and  tarring,  it'  I  under- 
stood the  French  word  ri;;htly,  I  then  asked  iiim  if  he  understood  that  the 
|T'.']  rule  in  such  eases  re(|iiired  orjrstilied  the  j^rant  of  a  'f;dveinnieni  dock  or  liasin 
for  siieii  re|)airN,  especially  to  a  vessel  like  this,  fresh  fiimi  liei-  deslrii''t  i\e  work 
in  the  (lianiiel,  remaikiiiy,'  that,  as  she  waited  no  jiiil'cial  eondeimiation  of  her  prizes, 
wlii'ii  lepairi'd  in  this  j^overnnieiit  dock  she  would  lie  Jiist  at  hand  to  limn  other  Amer- 
ican ships  entering  or  leavinj;-  1  Ia\  re  and  other  I''reueli  ports,  lie  said  where  tliei'e  was 
nil  mere  eouimeicial  dock,  as  at  lirest,  it  was  customary  to  i;raut  the  use  of  any  aceom- 
iiiiiilalioiis  there,  to  all  vessels  in  distress,  upon  the  payment,  of  certain  known  and  (ixed 
lati's ;  tliat  they  must  deal  with  this  vessel  as  they  would  with  one  of  our  own  ships, 
or  the  ships  of  any  otlitu"  nation,  and  that  to  all  sinli  these  ai'comiiiodations  would  lie 
iliaiiti'il  at  once. — {Thr  mime  In  llir  n(iiiir,'.U\  .Sejitemlier,  Hijli.) 

On  the  I'.lth  instant  I  received  a  note  from  M,  Krouyo  de  IJiiiys  i'e(|uestiuj;-  to  see  aie 
nil  the  next  day  (yesterday)  in  reference  to  <:ertain  matters  of  liiisiness.  I  of  ei.  r;«e 
atli'iidi'd  at  the  foreign  ollice  ar  the  tiuu^  named.  He  then  informed  me  that  it  had 
lii'i'ii  rt'iiorted  to  him  that  the  Knitted  .states  steam.ship  Kearsar<;e,  (Jantain  Winslow, 
now  in  the  port  of  Hrest,  kept  her  steam  cons' ant  ly  up,  with  the  view,  as  sniiposed,  of 
instantly  followinji;  and  catcliin;f,  i  possible,  tln^  Florida,  upon  her  leaving;  that  port  : 
Mini  tliat  France,  hav in;;;  resolved  to  treat  this  vessel  as  a  reMjularly  coininissioned  ship 
III' war,  could  not,  and  would  not,  permit  this  to  lie  <lone.  lie  said  that  the  rule  whicli 
i(i|iiii('s  that  the,  vesstd  lirst  leaviu;;  shall  have  twenty-four  hours  the  start  must  lie 
a|i|iii('il.  To  avoid  the  ditliciilty  which  he  said  must  imnitahly  follow  a  disre.i^ard  of 
tliis  rule  liy  Captain  Winslow,  he.  reipu'sti'd  me  to  communicate  to  him  the  deteriniiia- 
liiiii  (if  this  ;^overnuient,  and  apprise  him  of  the  necessity  of  complyiiif;-  with  the  rule. 
Inasniinh  as  nothing  was  to  he  [rained  by  invitiuj;  tint  application  of  force,  and  increased 
ilitiiciilties  iui};ht  follow  that  coiir.si!,  I  have  «;ouimuuicati;d  to  Captain  Winslow  the 
Irtter  of  which  I  herewith  send  you  a  coiiy. 

M.  Droiiyu  de  Lhuys  furthermore,  informed  mo  tliat  tliLs  fjovornmiuit,  after  much  coii- 
fcii'iice,  (and,  I  think,  some  hesitation,)  had  eoncliidod  not  to  i.ssue  an  order  prohibit- 
iii.i,' an  accession  to  the  crew  of  tho  Florida  whih^  in  jiort,  inasmuch  as  such  accession 
was  iit'ci'ssary  to  her  navi;;atiou.  They  had  made  imiuiries,  it  would  seem,  and  said 
tiicy  had  ascertained  that  the  seventy  or  .sevtuity-iive  men  discuar>;-ed  after  she  came 
iiitd  Hiest  were  dLscIiarfjed  because  the  iieriod  for  wliicdi  they  had  shi])])ed  jiad  expired. 
ill' said,  furthermore,  that  it  was  reported  to  him  that  the  Kearsarj^e  had  likewise  ap- 
jilii'il  fur  .some  sailors  and  ii  pilot  in  that  port,  as  wcdl  as  for  coal  and  leave  to  maki^ 
rtjiairs,  all  of  whicli  had  been  and  would  be,  if  more  were  ueodetl,  fheerfiilly  jjriintcd. 

I  tdlil  him  I  was  quite  ooutident  the  Kearsar^t  had  made  no  attempt  to  sliijt  a  crew 
tliirc,  and  that,  as  respects  a  pilot,  that  stood  on  <rrouiid  peculiar  to  itself,  and  had  no 
ri'fcriMice  to  the  f^eueral  priueiiile. 

Till!  determination  which  has  been  reached  by  tlu;  French  authorities  to  allow  tlie 
^iiiiiiiiL'iit  of  a  crew,  or  so  large  a  portion  of  one,  on  board  of  the  Florida  wliilt;  lying 
ill  rlieir  port,  is,  I  think,  wronjj,  even  siiiiposing  that  vessel  u  regularly  cominissionetl 
i*lii|i  of  war.  I  told  M.  Drouyn  de  Lhuys  that,  looking  at  it  as  u  mere  lawyer,  and  clear 
"t  pit'jndices  whicli  my  ottioial  position  might  create,  I  tlionght  this  determination  an 
irror.  He  said,  however,  that  in  the  conference  they  had  it  '.'hed  that  coiudnsion  uiian- 
iiimiisly,  although  a  majority  of  the  miulstry  considering  ti  (juestion  were  lawyers. — 
{Tht  miiw  to  the  name,  -iist  October,  1.863. 

The  Florida  remained  in  the  harbor  of  Biest,  repairinp;-  and  refitting, 
tluiiiig  nearly  six  months,  from  the  23d  August,  18G3,  till  the  Oth  Feb- 
ruary, 1864. 


M'-^ 


298 


TREATY    OF    WASHINGTON. 


Mlii 


fi  jiK;>' 


mi 


On  the  13th  April,  1864, the  Florida  touohed  at  Bennn(ljj,bnt  roniaiiuMl 
only  a  very  short  time,  anchoriiicf  on  the  afternoon  of  that  day  and  put 
tinpf  to  sea  the  same  evening". 

On  the  IHth  June,  1804,  slie  ajjaui  arrived  at  Bermuda,  and  obtained 
permission  to  remain  during  tive  days  tor  the  purpose  of  makin<;'  ncccs 
Siiry  repairs.     The  circumstanees  wiiich  occurred,  and  the  (loiirsc  ])in 
sued  by  the  authorities  at  Hermuda,  are  set  forth  in  the  subjoined 
dispateli  from  the  aetinj?  governor:' 

BicitMUDA,  July  7,  H(j|. 

8iu :  I  liavo  tlio  lioiior  to  report  the  t()l!owiii<i;  ])arti(Miliira  c()niH'et(?(l  willi  ;i  rcci'iu 
visit  to  tliesii  isliiitds  of  tlic  (;(Mif'c(ler:it(>  States  steamer  Florida,  (jii  Saturday,  the  Htli 
.Iiine,  tlie  Florida  arrivtMl  at  tlie  outer  aiichorajjje,  and  (Commander  Morris  sent  oiii' of 
his  ollieers  to  rei)ort  liis  arrival  and  ask  ])eriiiissioii  to  taki^  in  coal,  and  [UMinission, 
also,  to  ell'eet  soinn  lepairs.  1  was  informed  that  nosut>i)li(!Sor  coal  had  lu'en  fmiiislnd 
ti>  I  lie  Florida  in  any  Finglish  iK)rt  for  ton  nionths  |>ast,  and  that  it  would  not  ln'  jiDssi- 
hle  to  ascertain  the  full  extent  of  tlui  repair-  mujessary  until  the  vtvssel  came  into  pdii. 
I  tluMi  f^ave  permission  for  the  Florida  to  he  hrought  into  Saint  (Teor;;;e's  Harlnn' to;' 
twenty- tour  hours,  exclusiveof  Snn(hiy.  The  vessel  came  in  accord in;ily  on  SunilMy,;i ml. 
shortly  afttu'  his  arrival,  Commander  Morris  waited  upon  me  and  delivered  nic  a  littci 
askino;  that  the  repairs  whicdi  were  found  necessary  mijjfht  hci  carried  out  at  llcr  Mnj- 
esty's  dock-yard.  I  innnediately  transmitted  this  letter  to  Vico-Admiral  Sii'  .IniiK  ■; 
Hope,  who  di'clined  to  allow  any  repairs  to  he  carried  out  in  the  doek -yard,  hut  oUcnil 
to  send  competcMit  oliliiuirs  on  hoard  the  Floridji  to  ascertain  the  extent  of  the  rcpMiis 
necessary,  (,'ommauder  Morris  was  very  j^lad  to  ohtain  thi^  opinion  of  these  olliccis, 
and  the  knowledfj;e  was  necessary  to  nie,  in  orihu'  that  I  mijiht  ,jud)j;e  what  time  slionlii 
1)(^  firaiited.  The  admiral  sent  tlie  llajj;  lientiMiant,  chief  eny;ineer,  and  two  assistant 
en^jineers  on  hoard  the  FloHda,  and  they  reportiut  t»n  the  vessel: 

"  1st.  She  can  jtrocced  to  sea.  with  such  rei)airs  as  can  he  made  good  here,  wliicli,  ;i.s 
far  as  we  are  ahlt!  to  judj^e,  will  reipiire  five  days  for  one  man,  viz,  a  diver  for  two  (Im.v> 
and  a  litti-r  for  three  days,  or  tlirtic  (iompleto  days  in  all. 

"2d.  She  can  ]iroceed  to  sea  with  safety  in  her  prosont  state  undi!r  ■steam,  hut 
[7:j]     unih'i- sail  *is  nnmaiiaj^ealde  with  her  ser(!W  up  in  hinl  weather,  and  her  di'f'Mt^ 
aloft  (cross-trees)  render  main  top-mast  unsafe.     Tliis  could  he  made  i;in);l  in 
two  days." 

I  consulted  personally  with  Sir  .Jaines  H'tpi;,  and  gave  Commandin'  Morris  pi'riiiis- 
siou  to  reuirn  live  working  days  in  Siint  Ueorge's  to  complete  the  rei>airs.  I  aisit 
furnished  (Jummander  Morris  with  printeil  extracts  of  some  portion  of  th(!  eireiil;M'(lis- 
pafcch  dated  the  llith  .fiily,  l^lii,  informing  him  of  the  regulations  under  wliieli  uloiic 
h(!  could  he  allowed  to  take  in  coal.  He  .asserted  thiit  Mi>hilo  was  the  lirst  eonfeili'nitc 
port  lie  expectiMl  to  visit,  and  reports  tliat  ho  took  in  about  eighty  ti»iis  of  coal.  The 
tive  working  <l.iys  expired  on  the  *27th  June,  and  the  Flori(hi  (piitteil  Saint  (}enrgi''s 
liarhor  on  thiit  day,  hut  was  seen  olf  the  island  on  the  following  day  ami  also  on  the 
morning  of  [\u-,  'iDth.  I  had  the  advantage  of  the  advie(>  of  Sir  .Tames  IIi)i)e  until  he 
quitted  Herminla  in  the  Duncan  for  Halifax,  anil  our  views  were  compli^tely  in  acionl. 
During  this  visit  tln^  conduct  and  demeanorof  t!o:nmander  Morris  were  all  rhat  I  eoiiiil 
wish,  and  he  appeared  vt-ry  desirous  to  avoid  the  least  infringement  of  the  instiin- 
tions  laid  <lown  in  Her  Majesty's  ])roc'  ituation.  Sinct*  that  time,  however,  I  camiot 
think  C^ommander  Morris  has  hehiivtid  (juife  properly.  On  the  'irith  June  the  Floriilii 
was  seen  off  the  islands  all  <li>y,  and  als..  on  the  morning  of  t\w  "iitth.  Again  she  \v;i< 
signaled  off  the  south  side  on  the  '<Jil  .July,  ahout  7.150  a.  m.,  and  on  the  afternoon, ahimt 
4  !>.  m.  I  received  ;i  verbal  mi^ssage  to  say  that  two  men,  supposed  ti>  be  deserters,  liiel 
been  fonntl  on  board,  and  re((uested  that  1  would  send  some  ))ersons  off  to  ideiititV  tliein. 
in  a  steam-tug  that  was  going  off  to  visit  the  Fhwida.  The  de|)arture  of  this  tag  \v:i> 
delayed  until  .after  sunset,  and  the  fort  adjutant  then  \>erceived  that  slu>  was  going  I" 
tow  out  a  barge  full  of  coal.  This  oHieer  immediately  told  Mr.  Black,  who  is  teiiipn- 
rarily  acting  tis  agent  for  the  Confederate  States,  that  he  ought  not  to  take  out  iiial 
without  the  govt^rnor's  permission.  Mr.  Black  then  .sent  me  a  note,  of  which  I  iiiLliisr 
a  copy,  asking  for  permission  to  tiikt*  out  fifteen  tons  of  coal  to  the  Florida  in  coiisi'- 
«lu<Mice  of  her  having  returned  to  Bermuda  for  the  ])urpose  of  bringing  baek  the  twn 
deserters.  To  this  I  immediiitely  replied  that  I  ctuilil  not  sanction  tniy  further  issnc  ol 
coal.  The  fort  adjutant  was  present  when  my  letter  was  delivered  to  Mr.  Blaek,  anil 
at  that  moment  the  tng-steanier  started  otV  to  the  Floridsi  with  the  barge  in  tow.  Mr. 
lilack  stated  that  she  liad  gone  without  his  orders,  and  that  he  would  follow  her  in  ii 
gig.  Thus  he  did,  and  I  am  informeil  that  about  half  the  coals  had  been  already  takin 
on  board  before  Mr.  Ulauk  had  arrived  in  the  gig,  and  the  remainder  was  brought  ir.n-k. 

'  Appendix,  vol.  i,  p.  132. 


fMsii 


CASE    OF    (JKEAT    BRITAIN. 


299 


The  deserter  belonjjing  to  the  royal  engineers  was  placed  on  hoard  and  handed  over. 
It  will  he  observed  in  Mr.  lilack's  note  that  ho  statud  the  deserters  were  iliseoven'd  in 
tweiity-i'our  hours.  The  Florida  remained  in  sij^iit  for  at  least  thirty-six  hours  after 
liir  (U'partnre,  and  the  deserter  was  not  landed  for  livtMlays. 

Coininander  Morris  never  applied  to  in(!  lor  permission  to  take  the  coal,  I  suppose, 
liciiifl  fully  aware  that  the  cireniar  dispatch  of  the  Kith  July,  IHtCJ,  ])roh'.l)iteii  eoal 
itfiiiji  supplied  to  vessels  such  as  his,  wiiich  "had  consumed  their  fuel  in  cruisiuf;"  as 
lu>  had  done  in  sijjht  of  these  islands. 

Mr.  Hlack,  who  helongs  to  tin;  Southern  States,  states  that  he  sent  the  coal  at  the  re- 
(|iiest  of  Commander  Morris.  The  Florida  then  immediately  left  the  islands,  and  has 
not  since  he<'n  seen. 

I  hefi;  to  aiuiex  a  coi)y  of  a  printed  extract  from  the  circular  dispatch  of  the  Ifith 
July,  1H()3,  which  I  forwarded  to  Commander  Morris. 
I  liave,  &c., 
(Signed)  WILLIAM  MUXUO. 

With  reference  to  these  circninstaixies  the  followiiijf  correspoiitlence 
passed  between  Mr.  AcUims  and  Earl  Russell  :^ 

Mr.  AdaniH  to  Earl  Eiiisell. 

Lk(!.vtk>n  ok  thk  Uxn'KD  Statics, 

London,  AuijHHt  11),  18t)4. 

Mv  LoKO  :  It  is  with  very  great  regret  that  I  find  myself  compelled  to  call  tlu^  at- 
tt'iitioii  of  your  lordshij)  to  the  aliuse  made  of  Ww  lU'Utralily  of  the  i<laud  of  Bermuda 
liy  the  vessels  under  the  dircctu)n  of  the  insurgents  in  the  I'liited  States,  in  making  it 
a  l)us(^  for  Iiostile  operations  against  the  commerce  of  a  friendly  nation.  I  havt!  the 
iiDiiin'  to  suhmit  to  your  consideratiou  tlu;  copy  of  an  extract  from  a  re|)ort  of  Mr. 
Alli'ii,  consul  of  t\\v  United  States  at  that  place,  to  the  Secretary  of  State,  in  which  he 
iiiakes  certain  statemimts  respecting  the  reception  there  of  tlu^  gun-boat  known  uudi^r 
the  name  of  tlu^  Florida,  and  her  subseciuent  ]n'oceedings,  which  a])])ear  to  l)e  directly 
ill  violation  of  the  ri^gnlations  heretofore  laid  down  by  Her  Majesty's  government.  I 
1)1'^-  pernussion  to  remind  your  lordshi])  of  the  remonstrances  wliich  were  promptly 
ii„:'le,  a  short  time  since,  in  the  case  of  oiui  of  the  vessels  of  the  United  States,  for  pro- 
I'ocdiiigs  of  a  far  less  exceptionable  charactc'r. 

Net  douliting  the  ilisposition  of  Her  JNIajesty's  go\ernment  to  do  full  justice  in  the 
pioniihes,  1  pray,  &c., 

(Signed)  CHARLES  FRANCIS  ADAMS. 

'  [Iiu'losure.] 

Mv.  Ath'H  to  Mr.  Seward. 

UNrni)  STArKsCoxsri.ATK,  Bermuda,  J:int',\0,  180)4. 
Sik:  The  Florida,  after  remaining  in  port  nine  days,  went  to  sea  last  Monday  even- 
ing, but  has  not  Iteen  far  from  lau<l.     She  is  in  sight  to-day  from  tin-  hills,  about 
[74]    six  miles  otf.     She  boards  all  vessels  ''api'ioaching  these  islands.     ShiM'eceived 
ail  the  (ioal  and  sn])plies  they  wantt!d.     Tlie  coal  was  taken  from  the  ship  Storm 
King,  C.  L.  H(>l),sou,  of  Richmond,  agent. 
I  ain,«Src.. 
(Signed)  •       C.  M.  ALLEN,  Consul. 

Earl  BknucU  to  Mr.  .Idamn. 


^U 


FouKKiX  Oi'i'iCK,  Srptemhvr  T),  1864. 

Sii! :  In  reply  to  your  nott^  of  the  IDth  ultinn)  respecting  the  proceedings  of  the 
Florida  at  Hermuda,  I  h.ive  the  honor  to  inform  you  tliat  Her  Majesty's  government 
liiive  received  reports  on  the  same  subject  from  Her  Majesty's  colonial  and  naval  au- 
thorities, and  that,  after  tine  cousiileration  of  the  same,  they  are  of  opinion  that  al- 
though SOUK!  disposititfu  was  uuinifested  by  the  commander  of  tlie  Florida  to  evade 
the  stringency  of  Her  Majesty's  regulations,  the  most  eouuneudable  strictiwss  au<l  dil- 
igence in  enforcing  those  reguhitions  was  observed  on  the  part  of  the  aulhoritiis.  and 
that  110  .substantial  dtniatiou,  either  from  the  letter  or  from  the  spirit  of  those  regula- 
tions, was  permitted  to,  or  did,  take  jdacts 

I  Iiiive  further  the  honor  to  inform  you  that  Her  Majesty's  government  c<»nsider  that 
the  conduct  of  the  lieutenant-governor  of  Hermuda  on  the  occasion  in  question  was 
l>iufectly  jiroper. 
I  am,  Arc, 
(Signel)  RUSSELL. 

'  Appendix,  vol.  i,  p.  1^4, 


300 


TREATY   OF   WASHIXGTOX. 


On  or  about  the  5th  October,  1864,  the  Florida  entered  the  port  of 
Bahin.  On  this  occasion  the  following  correspondence  passed  between 
the  United  States  consul  at  that  place  and  the  president  of  the  province 
of  Jiahia:' 

T/m!  United  States  voiintil  to  Ihv  prcaldnit  of  the  prorhicc. 

CONSIJLATK  OK  TUK  I'XITKI)  STATES  OK  AmK.1!K" A, 

Bahia,  Octol)cr  ;">,  lv-'()4 — I)  a.  in. 

Silt:  Tills  nioniiiij^  a  stcaiiior  aiKihoi'i-il  in  tliis  port  l>('arinij;tli(' Ha;;  ailoptcd  liy  those 
Avlio  am  i;iv()lv(Ml  in  tlw  icljcllioii  aijjiiiiist  tlu-  (Jovcrniiicnt  of  tin- Uiiitfil  Stat  s  of 
America,  and  I  am  iiit'ormcil  tiiat  tin;  said  vessi;!  is  tim  Florida,  wliii-ii  is  cii^aifi-il  in 
•■ajttiiriii}^  vessels  iiaviujatiiij;;  under  the  llajj;  of  Mu;  iriiited  States  of  Ainerira.  and  in 
destroyiiiji  tliem  by  makiiij;'  Uonliitis  of  them  and  their  carjjoes. 

The  vessel  in  (luestion  is  not  eonimissioned  by  any  reeo^ni/.ed  •"government  \vliateV(!r, 
and  her  <»tilic<M's  and  crew  are  eainposiMl  of  persons  of  varifMis  nationalitii-s.  who  are 
not  snhjeet  to  any  interinitional  or  civilized  law,  and  are  eonsefpiently  not  entitled  to 
the  privile;j;es  anil  immunities  eoneeded  to  vesstds  naviu;atin;r  under  thiS  ll  14  of  a  eivil- 
i/ed  nation.  I  therefore  protest,  in  the  name  of  the  ITuitiid  States  of  Atiifriea.-aijainst 
the  admission  of  this  vessel  to  free  praeti(:e,by  wliitdi  she  niii^ht  be  enaldcd  to  :«uin)ly 
herself  with  coal,  provisions,  tackle,  t»r  utensils  of  any  kind  whatever,  or  receive  on 
board  any  persons  whati^ver ;  hnally,  against  any  assistance,  ;iid,  or  protection  mi;^lit  be 
CHMieeded  to  her  in  this  poi't,  or  in  any  otiier  l)elongin;i;  to  this  \)rovinee. 

I  likewise  claim  that  thi  |»irati('al  ernista- which,  in  c»:nbination  with  the  pirate  Ala- 
bama, violated  the  soverei;j;nty  of  the  imi)erial  j;oveiniuent  of  Brazil,  by  .apinriiii; 
and  destroyinji;  vessids  bclonj'in'f  to  citizens  of  the  United  States  of  America  within 
the  terri;,orial  waters  of  Brazil,  near  the  island  of  Fernando  d'  Noronha.  in  April.  l>ii;i. 
be  detained  with  all  her  officers  and  crew,  in  order  to  answer  for  so  Hajj;rant  a  violation 
of  the  soverei<;nty  of  the  ;rovernment  of  Brazil  and  of  the  riijhts  of  citizens  of  the 
United  States  wiiliin  the  jurisdiction  of  the  Brazilian  j;overnmeiit. 
I  avail,  A'C, 
(Si},'ned)  THOMAS  F.  WIL-^OX, 

Cuiixid  of  the  United  Slates. 

His  Excellency  AxToxio  .Toaquim  ok  Sii.va  Gomks, 

J'renideiit  of  the  Province  of  Jiahia. 

The prexident  of  the  pvorinve  to  Mr.  Jl'ilsoii. 

PaLACK  ok  TUK  GOVICKXMEXT  Ol"  THK  PiSOVIXCE  OF  BaHIA, 

OetolH-r  o,  l-^li4. 

In  a  noti',  dated  this  day,  Mr.  Thomas  F.  Wilson,  consul  of  the  I'nited  States,  claims 
that  the  ateamer  Florida,  now  anchored  in  this  port,  shall  not  be  admitted  to  free  pra- 
tique, iun-  obtain  ]»erniission  to  provide  herself  with  coal,  provisions,  supplies,  and 
utensils  of  any  kind  whatever,  niu'  receive  on  b()ard  any  i)ersoii  whatever;  he  likewise 
requests  tiiat,  as  the  cruiser,  in  combination  with  the  Alab.ima,  violated  the  sovereignty 
of  the  imperial  }j;overnniiMit  of  Brazil,  by  capturing  and  dostroyinj^  vessels  bdoiiLitinj; 
to  citizens  of  the  United  States  of  America  within  the  territorial  waters  of  tlie  em- 
pire, near  the  island  of  Fernando  <lc.  Noronha,  in  April,  li^i);?,  she  may  be  detaineil.  with 
all  her  (»lh';ers  and  crew,  in  order  t;  answer  for  this  I'.ij^rant  violation  of  th;'  s)vei- 
cignty  of  this  ffovi-rnmcnt  of  lirazil  and  of  tin;  ri;;hts  of  citizens  of  the  United  States 
within  the  jurisdiction  of  the  Brazilian  jfovinniuent. 

In  rcjily  to  tin;  consul,  I  hav<i  to  inform  him  that,  as  the  said  vessel  belongs  to  the 
Cimfederate  States,  in  whinn  the  imperial  j^overninent  recognized  the  character 
[75]  of  belligerents,  all  the  assistance  *roquired  by  humanity  may  be  furnished  her, 
whicdi  does  in  no  wise  constitute  assistanei!  for  warlike  purposes,  as  laid  down 
by  international  law,  and  does  not  contlici  v.Uli  that  neutrality  which  this  gi  veni- 
inent  studiously  seeks  to  preserve,  and  has  always  preservetl,  in  the  contest  b.^tweon 
the  States  of  North  America.  The  undersigued  cannot,  therefore,  ailniit  the  first  por- 
tion of  the  claim  of  the  consul,  in  the  general  maiiinn'  in  whieii  it  was  pro<ente  1,  and 
particularly  in  relation  to  those  articles  considered  as  cDutraband  of  war,  in  conform- 
ity with  instructions  issued  on  tliat  subject  by  the  imperial  government,  and  acoord- 
hig  to  which  the  said  vessel  will  only  bo  permitted  to  remain  iu  this  part  for  the  length 
of  time  absolutely  indispensable. 

In  regard  to  the  second  j»art  of  his  note,  it  is  my  duty  to  obsurve  to  the  consul  tluit, 
even  if  it  were  fully  established  that  the  Florida  had  previously  violated  neutrality, 
Such  a  proceeding  wcnild  scarcely  authorize  us  to  refuse  her  pormissiou  to  enter  the 

'  Extracted  from  the  "  World"  (Ainericau  journal)  of  Doceiuber  2,  1864.  (See  Ap- 
Ipondix,  vol.  i,  p,  14(5.) 


CASE   OF    GREAT    BRITAIN. 


301 


11(1  would  nev«'r  warrant  us  to  ronitnit  the  aetH  rcfiuircd  liy  tlie 
'  i-quivaleiit  to  a  liostilu  rupture,  without  the  int<>rveiition  of 
;ut  of  the  state,  which  is  ahuie  compettiit  to  authorize  such  a 

ANTONIO  JOAQUIM  i.a  SILVA  GOXIE.S.   • 


ports  of  the  empire,  and  would 

cousul,  which  would  !)»' :-•   ' 

the  siipreuie  governuie 
rupture. 

I  renew,  »fce.. 
(Sif,'ned) 
Mr.  THorf  \!S  F.  Wii.sox, 

Consul  of  the  Cuilid  Stntia. 

Before  diiwu  on  the  nioniiii<»"  of  the  Vth  October,  1S04.  the  Florida 
was  surprised  and  eai)tured  in  the  port  of  Bahia  by  the  Tnited  States 
war-steamer  Waclmsett,  and  was  carried  as  a  prize  to  tlie  United 
States.  Sliortly  aiter  her  arrival  she  sanic  in  Chesapeake  Jiay,  in  con- 
sequence, a.s  was  atlirnied,  of  liavins*  sprnn;.(  a  leak  durinjj:  her  voyage 
ami  of  liavinj?  been  injured  while  at  anchor  by  a  United  States 
transport-steamer. 

The  ji«)verninent  of  Brazil  protested  immediately,  in  stronj^  terms, 
against  this  violation  of  its  sovereignty  and  of  the  nentiality  of  the 
port;  and  the  United  States  minister  at  liio  declared,  in  reply,  that  the 
capture  of  the  Florida  had  not  been  directed  or  authorized  l)y  himself, 
condemned  the  act  of  the  captain  of  the  Wachu.*-ett,  an<l  proniise<l  that 
reparation  should  be  made. 

Mr.  Seward,  on  learning-  what  hud  occurred,  wrote  ;u<  follows  to  the 
United  States  minister  at  Bio  : ' 

Mr.  Scuard  to  Mr.  ff'tbh. 

Dkpautmkxt  or  State, 

JVaxhiiifitiiii.  yovimbtr  11.  18C4. 
Siis:  In  the  years  Ir'Cri  and  l^tJi),  renionstrances  were  addressed  l)y  us  to  tlni  j^ovcru- 
mcnt  of  IJrazil  a<;ainst  tlie  jtoliey.  <liti'ereut  as  it  was  from  that  of  all  other  Auierieau 
States,  ill  regard  to  the  furnisliiny;  of  slielter  and  a  Iniven  to  )»irates  who  were  fii-rajjed 
ill  (lt'predatin<;  upon  the  pea<:efiil  coiinnerce  of  the  Uniti-cl  States.  The  e<Mres]io!i(len(;e 
I'liiiif  to  a  elosi^  without  liavinj;  produced  any  satisfaetory  result,  and  not  without 
li'iiviiiij  a  ])ainful  jiresentimeiit  that  a  eontinuanee  of  measures  so  injurious  to  the 
I'liitt'd  States  would  sooner  or  later  atl'eet  iIh;  harmonious  relations  heretofore  existiiiji' 
bi'twteu  the  two  eoiintries. 

We  have  just  now  heard  of  the  capture  of  Iln'  Florida  hy  the  AVaediusett,  at  Haliia. 
iiiid  of  the  ccnisetiiuMit  liostilities  adopted  l>y  the  Hrazilian  forces  in  tliat  port ;  liiil  we 
liiive  no  ])articular  inlbrniation  of  the  circuiiistanees  which  iireceded  the  collision,  and 
(iiir  infoiination  coucerniiifj  the  transaction  itself  is  incomplete.  At  the  same  time.  w<' 
are  alisolntely  without  knowled}j;e  of  any  correspondence  that  it  may  iiave  elicited 
lictweeii  yourself  and  the  Brazilian  {;oveiiinient. 

Ill  this  stajit'  of  the  matter,  tlie  I'lesideiit  thinks  it  proper  that  y<Mi  should  iiifoiin 
the  minister  of  forei;;!!  alfairs  that  we  are  not  indisposed  to  examine  the  snhji-et  upon 
its  merits  carefully,  and  to  consider  whatever  <|uestions  may  arise  out  of  it,  in  a 
iH'coiiiiin^  and  friendly  spirit,  if  that  sjdiit  shall  he  adopteil  l»y  His  luiperial  Majesty's 
j,'<ivcniiiient. 

1  am.  &c., 

(Signed)  WILLIAM  H.  ."^EWAKD. 

With  reference  to  this  occurrence,  the  following  correspondem-e 
pas.sed  between  the  Brazilian  minister  at  \Nashington  and  the  United 
States  Secretary  of  State  :- 

ITranxliitiiiii.) 

iMi'KRiAi.  Liu;atiox  ok  Huazh.. 
IfaxhimjIoH,  Decrnibrr  12,  1H(;4. 
The  undersigned,  charge  d'affaires  ad  interim  of  His  Majesty  the  Emperor  of  lira/.il, 
lia.s  just  received  orders  from  his  goverinnent  to  address  himself,  without  delay,  to 
that  of  thq  Uniteil  States  of  North  America  about  an  act  of  the  must  Iransceiident 
gravity  done  ou  the  morning  of  the  7th  day  of  October  last,  in  the  port  of  the  capital 
of  the  provineo  of  Bttbia,  by  the  war-steamer  Wachusett,  belouging  to  the  Navy  of  the 


'Appendix,  vol.  i,  p.  152. 


abid.,  p.  15:i. 


nwwf^ 


302 


TREATY    OF    WA.SHINdTON. 


Union,  an  act  which  involves  <a  manifest  violation  of  the  territorial  jurisdiction  of  rhu 
empire,  and  an  offense  to  its  honor  and  sovereij^nty. 

On  tile  fonrtli  day  of  the  month  n^ferred  to,  tjierc  entered  that  port,  where  aliculv 
had  l)een  l.yinjj;  for  some  days  tlie  Waclmsi^tt,  the  confederate  steamer  Florid;i.  for  tin- 
l>nrpoHe,  deciar('(l  hy  htsr  eoniniander  lo  the  [)resident  of  the  province,  to-iii|>iiIy  heix-lf 
witli  nlimeiitary  provisions  and  coal,  and  to  repair  some  tubes  of  in-r  iiiaeliiiitr\-. 
[7()]  "Tlie  president,  proeeedinfi  in  accordance  with  the  policy  of  neutrality  whiili 
tile  empire  res(dved  to  adopt  on  the  (|nestion  in  wiiicii  unfortunately  thest-  Stiitcs 
are  inv(dvcd,  and  in  conformity  with  tin;  instructions  in  this  respt'ct  issued  hy  the  im- 
|)erial  }:;()vernnient  on  the  'S-kl  of  Jinie  of  tin;  year  last  |)ast,  assented  to  the  apiilicatidii 
of  tlie  commander  of  the  l-'lorida,  and  Irxed  tlie  term  of  forty-iM^rlit  hours  for  takiiii;  in 
supplies,  and  tixinj;.  in  dependence,  on  the  final  examination  by  the  enjiineer  of  the  ar- 
senal, the  determination  of  the  residing  of  the  time  which,  peradventnre,  should  !»• 
deenuMl  indisju'ii.saide  for  the  com))Ietion  of  the  repairs. 

Tlie  same  authority  at  once  took,  with  the  i;reatest  impartiality,  all  the  mea.Mirts 
necessary  to  avoid  any  c(Uiliict  between  the  two  hostih;  steamers. 

The  I'loiida  was  jilaccd  under  cover  of  the  batteries  ot  the  Brazilian  corvette  1>. 
.lannaria,  on  the  iii-shore  side,  at  the  rediv'st  of  her  commander,  who,  rifposin.;  on  tin- 
faith  witli  which,  without  donbt,  the  chief  authority  of  the  province  could  not  faii  to 
inspire  liini,  considered  hinis»  if  sheltered  from  any  attack  of  iiis  adversary,  iind  in  this 
c<mlideiice  not  only  staid  a  night  on  shore,  but  gave  liberty  to  a  great  part  of  the  eivw 
of  his  vessel. 

It  behoovtis  me  to  say  that,  as  soon  as  the  confederate  steamer  entered  the  port  at 
Haliia,  the  American  consul,  Wilson,  addressed  to  the  jiresideut  a  dispatch  claiiiiiiiu,-  that 
the  I'loriila  should  not  be  admitted  to  free  pratiipie,  and  that  on  the  contrary  she  .slionlil 
be  detaini'd,  alleging  for  this,  tliat  that  vessid  had,  in  concert  with  the  Alabama,  vid- 
k'ted  the  neutrality  of  the  enipin;  by  making  captures  in  IHt;;?,  near  the  island  of  Fi  r- 
nando  de  Noroiiha. 

Such  exaggerated  ]tretensions,  founded  on  facts  not  proven,  which  had  already  b<'(ii 
the  subject  of  discussion  between  the  imiierial  government  and  the  legation  of  tlir 
United  States,  eould  not  be  even  listened  to. 

If  the  president  shuild  have  ri'fused  the  hospitality  solicited  Ity  the  commander  ol 
the  Florida,  he  would  have  infringeil  not  only  the  duties  of  neutrality  of  the  emiiiii'. 
but  also  thos(!  of  humanity,  considering  that  steamer,  coming  from  Teneritfe,  had  been 
sixty-one  days  at  sea,  was  unprovi<led  with  food,  and  with  machinery  in  the  worst 
condition. 

Afterward,  the  president  having  stated  to  the  same  consul  that  lie  hoped,  from  his 
honor  ami  loyalty  toward  a  friendly  nation,  that  he  would  settle  with  the  c(uiimau(l(  r 
of  the  Wachnsett  that  he  should  respect  the  neutrality  and  sovtueigiity  of  the  einpiiv, 
he  was  answered  atiirmatively,  the  consul  pledging  his  word  of  honor.  Things  weiv  in 
this  »;ondilion,  the  term  of  forty-eight  hours  being  to  exiiir*'  at  one  o'clock  of  the  altci- 
noon  of  the  7tli,  when,  about  (lawn  of  that  day,  the  comniander  of  the  steamer  Wii- 
chusett,  suddenly  leaving  his  anchorage,  parsed  through  the  Brazilian  vessels  of  war  ami 
approached  the  Florida. 

On  passing  across  the  bows  of  the  Brazilian  corvette  1).  .lannaria  he  was  hailed  fnmi 
on  board  that  he  must  anchor ;  but.  as  In^  did  not  attend  to  this  intimation,  and  cui- 
tinned  to  approach  the  Florida,  at  the  sann?  time  tiring  a  gun  and  some  musketry,  tiic 
commamler  of  the  naval  division  of  thi;  empire  stationed  in  those  waters  scut  an  oliidi 
to  board  the  Wachusett  and  inform  her  commander  that  the  ships  of  the  division  and 
th(!  forts  would  open  lire  upon  her  if  she  should  attack  the  Florida.  The  Brazilian  olii- 
cer  was  not  allowed  to  make  fast  to  the  Wachusett,  but  the  otHcer  of  the  deck  hailwl 
him,  saying  in  reply  th.at  he  accepted  the  intimation  given,  that  he  wouhl  do  nothinii 
more,  and  that  he  was  going  to  return  to  his  anchorage,  riie  commander  of  the  Ijia- 
ziliau  division  then  thought  juoper  to  ratify  his  intimation  by  tiring  a  guu,  upon  wliicii 
u  conii»let(!  silenci!  followed  Ijctweeii  the  two  ships  Wachnsett  and  Florida. 

At  the  time  this  was  passing,  tin.'  corvette  ] ).  Januaria,  on  board  which  the  coniniaiult  r 
of  division  had  hoisted  his  flag,  lay  head  to  flood,  the  steamer  Florida  anchored  B.  li.. 
side  by  side  t»f  her,  and  (jnite  clo.se  to  the  shore,  and  between  her  and  the  corvette  tin 
Wachusett  stopped  her  wliecds. 

The  commander  of  division  then  observing,  notwithstanding  the  <larkness  of  tin 
night,  that  the  Wachusett,  from  the  position  in  whi(;h  she  was,  kept  moving  onward 
and  was  passing  ahead  of  the  corvette,  in  u  course  E.  B.,  became  convinceil  that,  in 
fact,  she  was  8te(;ring  for  her  anchorage,  thus  complying  with  the  promise  made. 

But  a  few  moments  afterward,  perceiving  that  the  Florida  was  in  motion,  the  coin- 
uiander  discovered  that  tiie  Wachusett  was  taking  her  off  in  tow  by  means  of  a  leii!: 
cable. 

Surprised  at  such  an  cxtr.aordiuary  attempt,  the  conmiander  immediately  set  aboni 
stopping  this,  and  redressing,  at  the  same  time,  as  behooved  hioi,  the  offen.se  thn- 
done  to  the  dignity  and  sovereignty  of  the  empire. 

\ 


CASE    OF  .(JREAT    BRITAIN. 


303 


But  availing  himself  of  tlic  (larkness  «>f  the  night,  iiiul  of  other  circnuifitaiices,  tho 
((iniiiiiiiHler  of  th(!  \Va(;kii.«<rtt  succeeded  in  eanyinji;  his  ]iii'/e  over  the  liar,  and 
is(iii)iiiij  tlie.jiist  jiiinishinent  ho  (h-seived. 

The  coiiHiii,  Wilson,  piefoired  to  abandon  his  i»)st,  withdiawinj^  on  board  the 
Wiichiisctt. 

Tim  liovernnicnt.  of  Mis  Majesty,  as  soon  as  ifc  had  otlicial  information  of  the  event, 
;iil(hessc(l  to  the  legation  of  the  United  States  at  IJio  Janeiro  a  note,  in  which,  giving 
;i  .siic'ciMct  exposition  of  the  fact,  it  declared  that  it  liad  no  hesitation  in  believing  it 
would  hasten  to  give  to  it  all  i)roper assurances  that  tlie  (ioveriinienr  of  the  Union  would 
ittfiid  to  the  just  reclaieation  of  thi'  eiuj)ire  as  ))ronii)tly  and  fully  as  tin;  gravity  of 
;li(-  t'as(!  deinaiuled. 

Ill  cinrespondenee  with  this  expectative  note,  tiii;  worthy  ro])i'esentative  of  the 
I'liiti'd  States  was  prompt  in  sendiig  his  reply,  in  which  lie  declares  ht;  is  convinced 
ili;it  his  (ioverument  will  give,  to  that  of  the,  euipive  thi^  repavatinn  which  is  i\\H',  to  it. 

Such  are  tile  facts  to  which  the  undersigned  has  recieived  order  to  call  all  the  atteii- 
tiiiii  (if  the  houorulile  AVilliaiu  H.  Sewar<l.  Secretary  of  State;  of  the  United  States. 

Tile  iiriuci]dcs  of  international  law  which  regulate  this  matter,  and  m  respect  of 
AJiitli  there  is  not  the  least  divc-rgeuce  among  tlie  nuist  distinguished  ])ulilicists,  are 
iiiiiiMMin  and  known  to  all.  The  undersignctl  would  fail  to  recognize  the  high  intelli- 
jciioi!  (if  the  honorable  Mi'.  Seward,  if,  perchanc*',  he  should  ent(;r  in  this  respect  into 
lullcr  (levelopnients. 

He  limits  himself  then  only  to  I'ecall  a  memorable  example,  in  which  these 
in]  ]irim'iph!s.  invarialily  "sustained  by  the  United  States,  had  entire  ap|dicatiou. 
in  17"J5,  the  great  Washiugton  then  being  rresideul  of  the  United  States,  and 
ilic  illustrious  .Ictrcrsdu  Secretary  of  State,  the  French  frigate;  I'Kmbuscade  ca]itur«'d 
ilii'  Knglish  ship  (Jrauge,  in  Delaware  Hay,  thus  violating  tlu^  neutrality  ami  tht;  terri- 
I'lriiil  sovereignty  of  tlu;  United  States.  The  American  (iovernment  renmnstrated 
iiiiTgetically  against  this  violation,  and  rc<|uired  from  the  government  of  the  French 
Hpiililic  not  only  tins  imnu'cliate  delivery  of  the  captur(;d  vessel,  but  also  the  ceuuplete 
lilieratidu  of  all  tin;  jiersons  found  on  Vioard.  'I'his  reclamation  was  promptly  satisficfl. 
Miiili  more;  grave,  C(;rtainly,  is  the  (U'l-urn-nce  in  the  port  of  tht;  provime  of  Bahia 
wiiich  makes  the  subject  of  the  present  note.  By  tin;  special  cii'cumstances  which 
;ii((;cdcd  and  attended  it,  this  act  has  no  paralh;l  in  the  annals  of  nioderu  inuritiuie 

w  1U\ 

■flic  conmiander  of  the  Wachus(;tt  not  only  grav(;ly  otlended  the  territorial  inununi- 
iit  n  (if  tin;  emiiire,  passing  beyond  the  laws  of  war  by  attacking  treacherously,  during 
i!ic  night,  a  defenseless  ship,  whose  crew,  miudi  re<luced  because  mor<;  than  sixty  men 
ui  re  on  shore  witli  the  eoinnuinder  and  several  ofti(;<'rs.  reposed  unwary  beneath  the 
shadow  of  the  protection  which  the  neutrality  of  the  (;m)ure  guaranteed  to  them  ;  and 
XI  oiicu  was  the  violation,  so  nuinifest  the  otlense,  that  the  enliginened  American 
|ii'(ss  was  .ihuost  uiianinuius  in  ciuulemnation  of  the  inexcusabh;  proceeding  of  Com- 
iiiiUKicr  Collins. 

On  this  occasion,  ronuunbering  the  United  StateH,  whose  ant(u;edents  are  well  known 
;iii(l  noted  in  history  by  the  energetic  dcf»  use  of  iind  respect  for  neutral  rights,  of  these 
unshaken  jirinciplcs,  the  undersigned  canm>t  consider  the  event  which  occurred  at 
l>;diia  otherwise  than  as  the  individual  act  of  the  eonnnander  of  tin;  Wachusett,  not 
luitliorizcd  or  apjuoved  by  his  (;overnnu;nt,  and  that  it  will  cons(;(|U(;nHy  give  to  the 
uiivcrnnient  of  Jlis  Majesty  tin;  Kmperor  the  explanations  and  reparation  which,  in 
i(inf(innity  with  iut(;rmitional  laws,  are  tlue  to  a  power  which  nuiintaina  friendly  and 
liaciiic  relations  with  the  Unitetl  States. 

The  just  reclanuition  of  the  iini>erial  government  Ijcing  thus  jiresentcd,  the  under- 
'<\>iin'([  awaits  the  reply  of  the  honorable  Mr.  Seward,  ;  id,  fully  conliding  in  his  exalted 
wi.sdoin  and  in  the  justict;  of  the  (iovernment  of  the  United  States,  he  has  not  evt-n  for 
;iinoiii('iit  doubte(l  but  that  it  will  be  as  satisfactory  as  tlu;  incoutestabh;  right  which 
aids  the  empire  and  the  vast  gravity  of  the  otfense  which  was  done  to  it  may  re(|uir(;. 
Tht;  undersigned,  «fcc., 
(Signed)  KiNACIO  DK  A\T:ULAK  MARliOZA  DA  SILVA. 

His  Excellency  the  Hon.  Wh.i.iam  H.  Skwaisd. 

Mr.  Seward  to  Mr.  ISarhoza. 

Dia'AKiMKN r  t)i'  Statk, 

IVanhiiif/toii,  iJeamber  20\  1861, 

Huy.  I  have  the  honor  to  acknowledge  the  receipt  of  your  nt)te,  which  sets  forth  the 
»('iitiiiit;nts  of  the  imperial  government  of  Brazil  concerning  the  capture  of  the  Florida 
'>.v  the  United  States  war-steamer  Wachusett  in  tiie  port  of  Baiiia. 

You  will,  of  course,  explain  to  your  government  that,  owing  to  an  undtirstiinding 
littweeii  you  and  myself,  your  note,  although  it  bears  the  date  of  the  12th  Deceuibor, 
wiis  not  submitted  to  nie  until  the  'ilst  instant. 

Jealousy  of  foreign  iuterventiuu  iu  every  form,  ami  absolute  non-intervention  in  the 

1  Should  be  dated  December  26,  1864.    ' 


304 


TKEATY    OF    WASHINGTON. 


ft    :1r 


:,e? 


tlonmstic  affiiirs  of  foreif^n  nations,  aio  ciiidinal  principles  in  the  policy  of  thf>  rnitcil 
States.  You  have  therefore  .justly  expeirted  that  the  President  would  disavow  and 
refrr'et  the  i»ro(;e('dinj?.s  at  IJaliia.  Me  will  susjiend  Captain  Collins  and  direct  IiImi  to 
appear  hefore  a  court-niarlial.  Tlu^  consul  at  Itahia  ailniits  that  ho  advised  and  iiicito' 
the  cai)taiii  and  was  at^tive  in  tlie  pr()(.'eedin};s.  He  will  therefore  be  dismissed.  '•" 
i\n^  of  Urazii  will  receive  from  tin;  United  States  Navy  tlw  honor  customary  in  tiii' 
intereourse  of  friendly  Tuaritinu?  jjowers. 

It  is,  however,  not  to  l)i^  understood  that  thi.s  filovernnient  admits  or  jjivcs  credit  to 
the  charK't's  of  falsehood,  treachery,  and  deception  which  .\ou  have  l)rou>;lit  a^jiiiufst  the 
ca])tain  and  the  consul.  These  charges  are  denied  on  the  authority  of  the  ofticiTs 
accused. 

You  will  also  be  |)lcased  to  understand  that  the  answer  now  given  to  your  rcpn- 
.sentation  rests  exclusively  upon  tln^  ground  that  the  ca])tuie  of  the  Florida  was  an 
nnauthorizcd,  unlawful,  au<l  indefensildt^  «,'xereise  of  tlu;  luival  force  of  the  I'liitcd 
Htates  within  a  foreign  country  in  detiance  of  its  established  aud  duly  recognized  gdv- 
ernuieut. 

This  (lovernnieiit  disallows  your  assuniptif)n  that  tho.  insurgents  of  this  country  arc 
a  lawful  naval  belligerent;  ami,  on  the  contrary,  it  maintains  that  the  ascriiitioiiiif 
that  character  by  the  government  of  Hrazil  to  insurgent  citizens  of  tlu;  United  fStatc!*, 
who  hav(!  hitherto  be«'ii  and  who  still  an;  destitute  of  mival  forces,  ports,  and  courts, 
is  an  act  of  intervention  in  <lcrogation  of  the  liiw  of  nations  and  unfriendly  and  wroiifr- 
fill,  as  it  is  nuinifcstly  injurious,  to  the  United  .States. 

So  also  this  Goverumeut  disallows  your  iissumption  that  the  Florida  beldnged  to 
the  aforementioned  insni'gcnts.  and  maintains,  on  the  contrary,  that  that  vessel,  like  tiic 
Alabama,  was  a  ]iirate,  belonging  to  no  nation  or  lawl'ul  belligerent,  and  theiclorc  ilmt 
the  harboring  and  sup]>lying  of  these  piratical  ships  and  their  crews  in  Lb'jiziliaii  poits 
were  wrongs  and  injuries  for  whi<'h  Hrazil  justly  owes  ri'iiaration  to  the  United  States 
as  ample  as  the  reparation  which  she  now  receives  from  them.  They  hope  and  con- 
lidently  expect  this  recii)rocity  in  good  tinu',  to  restore  the  harmony  and  frieuilsiii[i 
which  are  so  essential  to  the  welfan;  and  safety  of  the  two  countries. 

In  the  positions  which  I  have  thus  assunu'd  the  imperial  govfuninent  will  recognize 
an  adhereiic(!  to  rights  which  have  been  constantly  assert<'tl,  and  an  enduring  sense  of 
injuries  which  have  been  the  sulijcct  of  earnest  rem<mstiance  by  tin;  United  States 
during  the  lasr  three  years.  Tlu;  gov(;rniuent  of  Brazil  is  again  informed  that  these 
jtositions  of  this  Government   are  no  longer  deenietl  open  to  argunu^nt. 

It  does  not,  however,  Ixdong  to  the  captains  of  ships  of  war  of  the  United 
[78]  States,  or  to  tin;  *conunanders  of  their  armies,  or  to  their  consuls  residing  in  for- 
eign jiorls.  acting  without  tlu' authoiity  of  Congress,  and  without  even  Kxecntive 
dii'oction,  and  choosing  their  own  tinu',  manner,  and  occasion,  to  assert  the  rights  mi  li 
redress  the  wrongs  oi  the  eonntiy.  This  jxiwcr  can  be  lawfully  exeri  ised  only  l>y  the 
(iovernment  of  the  Uniti'd  States.  As  a  member  of  the  family  of  nations,  the  United 
States  ju'acticH-  order,  not  anandiy,  as  they  always  juvfer  lawl'ul  itroceediiigs  lo  aggres- 
sive violciH-e  or  letaliation.  Tlie  United  States  are  ha|)py  in  being  aide  to  hidicve 
that  Brazil  entertains  tlie  same  sentinuMits.  Tlie  authorities  at  Hahia  are  undei.stddd 
to  have  nusucccssfnlly  ein])loycd  force  to  overcome  the  AVachusett  and  rescue  the 
Florida,  and  to  havt;  continued  the  chase;  of  the  olfendei'  beyond  the  waters  of  Hriizil. 
out  upon  the  high  seas.  Tims,  in  the  ali'air  at  Hahia,  subordinate  agents,  without  tiie 
knowledge  <d'  their  lesjiectivi;  governments,  mutually  inaugurated  an  nuaiitlioiized. 
irregular,  and  unlawl'ul  war.  In  desisting  fr(un  that  war  on  her  part,  and  iu  apiiiaiii": 
to  this  (iovernment  for  redress,  Brazil  right  Iv  appreciated  the  character  of  the  I'uited 
States,  ami  set  an  cxami)]e  wmthy  of  emulation. 

The  dis|)ositioii  of  the  captured  crew  ol  the  Florida  is  deteriniued  uixin  the  piinei- 
ples  which  I  have  laid  down.  Although  the  crew  are  enemies  of  the  United  States. 
and,  as  they  contend,  enemies  of  the  human  rac'c,  yt;t  the  oilenders  were,  iKnt'itiK'iess, 
uiiluwlully  brought  into  the  custody  of  this  tioverninent.  and  therefore  tney  could  not 
lawfully  be  subjected  here  to  the  pnuishment  wlii(d>  tlit;y  have  deserved  ;  nor  ooiild 
they,  being  eneniie.s,  be  allowed  to  enjoy  the  protection  of  the  United  States.  Tiiey 
will  therefore  1>e  set  at  liberty,  to  seek  a  refuge  wheresoever  they  may  find  it,  with  the 
Iiazard  of  reeaj)tur*;  when  beyond  the  jurisdiction  ol'  this  Government. 

The  ;  >rida  was  l)rought  into  American  waters,  and  was  inchored,  under  naval  sin- 
veilh  ami  protection, at  Hampton  Koads.  \Vhile  awaiting  the  representation  ot 
the  H:  liau  government,  on  the  SJ8tli  November,  she  sunk,  owing  to  a  leak  which 
could  be    seasonably   stoii[)ed.     The  leak  was  at  lirst  rtipreseiited  to  have  hciii 

caused,  oi  at  lea.st  increased,  by  a  collision  with  a  war-transport.  Orders  weri'  iinnic- 
diately  given  to  ascertain  the  manner  and  circuniatances  of  the  oecMirrence.  It.seeined 
to  atVect  the  Army  and  the  Navy.  A  naval  court  of  inquiry  and  also  a  military  court 
of  imiuiry  were  charged  with  the  iiiveatigatioii.  The  naval  court  has  submitted  its 
report,  and  a  copy  thereof  is  herewith  coiiiniunicat  id.  The  nrlitary  court  is  yet 
•Migaged.  So  soon  as  its  labors  shall  have  ende«l,  the  result  will  be  nuide  known  to 
V(Mir  Govorninent.     In  the  mean  time  it  is  assumed  that  the  loss  of  the  Florida  was  a 


CASK    (JF    (JKKA!     HKITAIN. 


305 


ioiist'i|iiciiet'  <»f  sDiiic  nntoresty;!!  ju'oidont.  which  ca^t  no  respDiisibil'*^'    .qxin  tlio  IJiiitcil 

I  avail,  ».\:,c.,  ,V 

(Si'TiuMl)  ■•■'  WILLIAM  If.  SKWAKD' 

Sell  hill' lax  AGIO  i»i:  A\  i;mauJ5ai!uii/.'.  nv  Si!,\  a,  A.t-. 

It  lias  beon  stated  above  tliat  tlie  crew  of  the  J-'loiida  were  shipped 
piiiioipally  at  Mobile.  Kepiesentations  haviiij;'  been  made  to  ller 
Majesty's  jifovenuueiit  to  the  etteet  that  some  of  tiie  men  who  served  in 
lier  were  British  subjects,  th«  law-olUcers  o^■  the  Crown  were  consulted 
on  the  ([uestion  wlietiier  proceedinjjs  could  Of  instituted  against  these 
persons  for  an  infriuftenuMit  of  the  foreign-enlistment  act.  The  law- 
otlicers  advised  as  follows  :- 

We  ilo  not  think  that  snftieiout  eviileniv^  ha.>>  vif  luicii  olttaiiiod  to  warrant  tii';  insti- 
tntiou  (if  |)r()ft;f<liiins  a<j;aiiist  any  ol'  those  seamen. 

If  it  were  sliown  that  their  i-nlistnient  on  hitanl  the  Fhnida  ha<l  taken  plaee  in  Knjj;- 
hmd,  or  within  ISritish  Jnrisdietion,  they  niij;ht  ])ei'iiaps  have  been  iiresnnied  to  iio 
iiiitural-liorn  Iji'itisli  snlijects,  owiny  ohi'dienee  at  that  time  to  liritish  law;  so  tar,  at 
;ill  ('vents.  as  t»)  niak(^  slif>ht  evidence  in  contirmation  of  that  presumption  suHicient. 

Next  it  appears,  i»y  the  fourth  column  of  the  list  annexed  to  Thomjison's  tirst  aHidavit, 
that,  with  two  exi;eptious  only,  all  vhese  nn;n  took  service  on  board  the  Florida  beyond 
ilic  limits  of  IJritlsh  jurisdiction,  and  by  tar  the  greater  number  of  them  at  ^lobile, 
witliiu  the  territory  of  tht;  Confederati;  States.  With  respect  to  the  two,  Diuinis  SiUli- 
vaii  and  Charles  Hallingi-r.  who  are  allcijied,  the  one  to  hav(>  enlisted  at  Nassau,  ami 
the  other  to  have  been  shipped  at  the  first,  (which  we  supj)ose  means  when  the  ship 
first  sailed  from  F,n<;lan<l.)  no  evidence  wliatt.-vcr  has  yet  i)een  obtained  in  support  of 
litlirr  of  these  allegations. 

In  the  former  re]>ort  of  the  law-ol'liccrs  npiiii  this  subject  it  was  noticed  that  tl>«  first 
Mctiou  of  the  foreijjn-enlistmcnt  act,  which  i)roliildfs  the  enlistment  of  British  snb- 
jictsiii  the  belligerent  service  of  any  forei<.;u  ])ower,  is  not  limited  (as  the,  seventh 
<i'ctioii  as  to  equijipiiifr  vessels  is)  to  acts  done  within  Hritisli  jurisdiction,  but  that  it 
Moins  to  be  intended  to  apply,  and  is  in  its  literal  terms  iipi)licabh!,  to  all  natural-born 
liritish  subjects  who  may  enter  into  the  service  of  any  foreij^n  belligerent  power  without 
ller  Majesty's  license,  wheresoever  the  prohibited  act  may  b(!  d<nie.  Assuming  this  to 
be  fbe  coiistiuction  and  clfeet  of  the  statute,  we  apprehend  that  it  would  be  impossible 
III  jtrocure  a  convictiou  under  it  in  the  case  of  persons  who  were  not  resident  within 
Biitish  jurisdiction  at  the  time  of  their  taking  foreign  service,  without  strict  proof 
thiit  such  persons  were  in  fact,  at  the  time  of  their  doing  so,  natural-boru  British  sub- 
jects, owing  exclusive  obedience,  wherever  they  might  be,  to  the  statute  law  of  Great 
lliitain;  and  we  think  it  is  at  least  very  doubtful  whether  those;  sections  of  the  statute 
would  be  held  to  be  applicable  to  any  persons  who  were  naturalized,  or  even  iloiniciled, 
at  the  time  of  their  taking  such  service,  withLu  the  territory  of  the  belligerent  power 

iu  whose  service  they  enlisted. 
L<5j  *Beariiig  these  considerations  in  mind,  we  turn  to  the  original  depositions  of 
Thompson  and  Miiller,  and  we  find  in  the  former  no  evidence  whatever  bearing 
upon  the  essential  (piestiou  of  the  nationality  and  origin  of  any  of  these  seamen ; 
while  the  statements  of  the  latter,  as  to  seventeen  of  the  thirty-three  persons  who  are 
ilesciihed  as  of  British  origin  iu  the  second  ccdunm  of  the  lists,  depend  upon  admis- 
sions or  inferonecs  of  so  loose  a  character  that  we  do  not  think  any  reliance  ought  t<) 
he  placed  upon  them.  So  far  as  they  rest  only  on  the  deponent's  belief,  they  are  inad- 
missible; so  far  as  they  prove  that  certain  iiulividuals  associated  on  board  the  ship  as 
li'islitueu,  and  sung  Irish  songs,  &c.,  they  are  insufficient;  and  we  think  it  wonld  be 
unsafe  to  trust  to  the  statements  of  this  witness  as  to  the  admissions  said  to  have  beon 
made  by  some  of  the  parties  (as  we  count  them,  by  seven  only,  viz,  Considine,  Con- 
way, Doris,  McNevin,  McCabe,  McGarroch,  and  Welch)  to  the  effect  that  Ireland  was 
their  home,  their  country,  or  the  place  of  residence  of  their  parents.  Every  one  of 
these  seven  persons,  it  is  to  be  remembered,  joined  the  Florida,  according  to  the  lists, 
iit Mobile;  and  it  may  serve  us  some  test  of  the  value  of  this  kind  of  evidence,  that 
the  same  witness  makes  verytaiilar  statements  as  to  font  other  seamen,  (Taylor, 
Rivers,  Grover,  and  King,)  with  a  view  to  prove  thein  to  be  either  Englishmen  or  Irish- 
men, although  they  are  described  as  native  Americaus  iu  the  second  column  of  the  list 
leferred  to  in  his  own  affidavit. 

Tl'o  opinion  which  we  had  formed,  as  above  expressed,  upon  the  pernsal  of  the 
onginal  depositions  of  Thompson  and  Miiller  is  strongly  confirmed  by  the  subsequent 

'These  two  letters,  as  well  as  the  preceding  one,  Are  extract«d  from  the  Daily  Morn- 
ing Chronicle,  (American  journal,)  of  :U8t  December,  1864. 
•  Appendix,  vol.  i,  p.  124. 

20  A 


'<M 


11™ 


rv ' 


306 


TREATY    OF    WASHINGTON. 


!  Jl- 


affidavit  of  Thoinp»t>ii,  who  in  that  nfTuluvit  speaks  of  atliiiisHions  inado  to  liim  l>y 
eighteen  of  these  seamen,  to  the  ett'ect  that  they  were  horn  in  Irehuul,  Strl'iUKl,  or 
Enghmd;  and  by  six  others,  to  tlie  effect  either  that  they  were  Irishmen,  or  tliut  Ireland 
or  Liverpool  was  tlieir  home. 

But  of  tliese  twenty-four  persons  there  are  only  seven  on  whose  history  any  further 
light  is  thrown  hy  these  depositions,  and  every  one  of  thcJ^e  seven  appears  to  liavo 
emigrated  from  Great  Britain  or  Ireland  to  the  United  States  jtrevions  to  tll(^  exi.stiin; 
civil  war,  under  eireumstances  from  wliieh  it  i»  prma  facie  to  be  inferred  that,  at  tlit' 
time  when  he  took  service  on  hoard  the  Florida,  he  was  either  a  naturalized  or  a  domi- 
ciled American.  Some  of  them  appear  to  have  resided  for  many  years  in  the  United 
States;  and  two  (Good  and  Doris)  are  expressly  stated  to  have  ac(|uired  the  ri«;litsor 
citizens  there,  and  to  have  voted  at  presidential  and  other  elections.  With  rcsiuctto 
the  rest  of  the  crew  there  is  nothing  whatever  to  show  that  they  may  not  have  enlisted 
under  similar  circumstances. 

As  to  all  persons  so  situated,  we  think  that  it  would  be  a  reasonable  construction  of 
the  foreign-enlistment  act  to  hohl  that,  although  they  are  natural-born  subjects  of  Her 
Majesty,  the  word  "foreign,"  which  pervades  the  tirst  section  of  the  statute,  is  not, 
as  regards  them,  applicable  to  the  service  into  which  they  have  ent-ned.  And  even 
assuming  that  this  construction  might  not  be  admitted,  we  think  that  it  would  not  iio 
a  proper  exercise  of  discretion  on  the  part  of  (he  Crown  to  attempt  to  put  tlie  statute 
in  force,  so  far  as  relates  to  acts  done  by  persons  so  situated  beyond  the  limits  oi' 
British  jurisdiction,  and  within  the  territory  in  which  such  persons  may  liiive  been 
naturalized  or  d(»miciled. 

(Signed)  ROUNDELL  PALMER. 

K.  1'.  COLUIKR. 

Lincoln's  Inn,  (htohir 'l^\  lSt;:i. 

SUMMAKV. 

The  Florida  was  a  vessel  built  at  Liveri)ool  by  a  firm  of  sliipbiiildcis 
there,  to  the  order  of  another  Liverpool  firm  carrying  on  an  extensive 
business  as  engineers  and  iron-founders.  She  was  stated  to  be  ordered 
for  and  on  account  of  fi  person  resident  at  Liverpool,  who  was  a  partner 
in  a  mercantile  house  at  Palermo,  and  upon  the  completion  of  the  vesvsel 
this  person  was  duly  registered  as  her  owner,  on  his  own  declaration, 
Her  builders  stated  that,  according  to  the  best  of  their  information,  they 
believed  her  to  be  really  destined  for  Palermo. 

She  was  a  vessel  built  for  speed,  and  her  internal  fittings  aud  arrange- 
ments were  not  such  as  are  usual  iu  vessels  constructed  to  carry  cargo, 
but  were  suitable  to  a  ship  of  war.  She  was  unarmed,  however,  autl 
had  on  board  no  guns,  carriages,  ammunition,  or  other  warlike  stores  ot 
any  kind. 

Ko  facts  whatever  proving,  or  tending  to  prove,  that  she  was  intended 
to  cruise  or  carry  on  war  against  the  United  States  were  ever,  before 
the  departure  of  the  ship,  communicated  by  Mr.  Adams  or  Mr.  Dudley 
to  Her  Majesty's  government.  Mr.  Adams  alleged,  indeed,  that  ad- 
vances of  money  had  been  made  to  the  firm  which  ordered  the  vessel, 
and  to  that  which  constructed  her,  by  the  firm  of  Eraser,  Trenliolui  iS: 
Co.,  w  ho  were  believed  to  have  been  engaged  in  blockade-running,  aud 
to  be  employed  as  agents  for  the  goveinment  of  the  Confederate  States; 
but  this  assertion,  whether  material  or  not,  was  not  substantiated  in 
any  way.  These  were  all  the  facts  respecting  the  vessel  which  had  been 
communicated  to  or  were  iu  the  possession  of  Her  Majesty's  government 
previously  to  aud  at  the  time  of  her  departure  from  England. 

It  is  certain  that,  had  the  vessel  been  seized  by  Her  Majesty's  govern 
ment,  a  court  of  law  would  have  ordered,  and  would  inJ.  ed  have  been 
bound  to  order,  the  immediate  restoration  of  her,  for  want  of  evidence 
to  support  a  forfeiture.  It  was  not  the  duty  of  Her  Majesty's  govern 
ment  to  seize  a  vessel  which  it  would  have  beeu  the  duty  of  a  court  of 
law  to  restore. 


CASE    OF    (iKEAT    MKITAIX. 


307 


Tlie  means  and  opportunities  possessed  by  Mr.  Adams  and 
[80]  Mr.  Dudley  of  ascertaining  *the  truth  were  fully  as  great  as  those 
possessed  by  Her  Majesty's  government.  Tliey  were,  indeed, 
{rreater;  since  Mr.  Dudley  was  the  United  States  consul  on  the  spot,  in 
constant  communication  with  Americans  of  all  classes,  always  on  the 
watch  for  information,  and  ])rovided  with  means  of  gaining  it  which 
conld  not  have  been  employed  by  ITer  ^NFaJesty's  government. 

The  vessel  sailed  from  Liveri)ool  with  a  clearance  for  I'alermo  and 
Jiininicn,  unarmed,  and  v.ith  no  v.arlikc  wtuies  of  any  kind,  under  the 
connnand  of  a  niaster  belonging  to  the  British  mercantile  nmrine,  and 
inanued  by  a  crew  who  were  not  enlisted  for  the  confederate  service 
and  had  no  thought  or  intention  of  engaging  in  it,  and  win")  afterward 
left  the  ship  as  soou  as  they  conceived  a  suspicion  that  she  might  be 
eiiii)loyed  in  that  service. 

Although  no  directions,  nor  nny  notice  or  warning,  had  or  could  have 
been  sent  to  the  authorities  of  Nassau  before  her  arrival  there,  the 
vessel  was,  upon  her  iurival  and  while  she  remained  there,  strictly 
watched  by  order  of  the  governor ;  a  ship  of  war  was  placed  near  to 
her;  she  was  finally  seized  by  order  of  the  governor  ;  am\  proceedings 
were  instituted  against  her  in  the  proper  court  of  the  colony.  On  being 
released  by  the  decree  of  the  court,  she  sailed  from  Nassau  unarmed, 
and  with  a  clearance  for  N(;w  Brunswick. 

Before  committing  any  hostilities  against  vessels  of  citizens  of  the 
United  States,  she  sailed  for  and  entered  a  port  of  the  Confederate 
States,  where  she  remained  during  more  than  four  months  and  was  put 
in  condition  for  war,  and  enlisted  a  crew,  and  from  whence  she  was 
Anally  sent  out  to  cruise. 

She  was  coaunissioned  as  a  ship  of  war  of  the  Confederate  States,  and 
was  commanded  by  an  otiicer  commissioned  by  the  de  facto  govern- 
ment of  those  States.  She  was  received  on  the  footing  of  a  public  shij) 
of  war  in  the  ports  of  neutral  nations — Spain,  France,  and  Brazil ;  and 
ou  the  same  footing,  and  in  the  same  manner,  without  favor  or  par- 
tiality, she  was  received  likewise  in  those  i)()rts  of  the  British  colonies 
which  she  had  occasion  to  enter. 

The  United  States  ships  of  war  blockading  the  port  of  Mobile  failed 
to  capture  the  Florida  when  she  entered  it,  under  circumstances  which 
made  the  capture  so  easy  of  accomplishment  that  the  otiicer  to  whose 
incapacity  the  failure  was  due  was  dismissed  the  service.  They  again 
failed  to  capture  her  when  she  left  the  port  to  commence  her  cruise. 
From  that  time,  until  her  unlawful  seizure  in  the  port  of  Bahia,  she 
was,  for  a  year  and  nine  months,  engaged  in  cruising,  sometimes  near 
the  coast  of  the  United  States.  It  does  not  appear,  however,  that 
(Inring  all  that  period  she  was  ever  encountered  or  chased  by  a  United 
States  ship  of  war.  No  serious  endeavor,  indeed,  to  intercept  or  cap- 
tnie  her  appears  to  have  been  made  on  the  part  of  the  Government  of 
the  United  States. 

Her  Britannic  Majesty's  government  cannot  admit  that,  in  respect  of 
the  Florida,  it  is  justly  chargeable  with  any  failure  of  international 
duty  for  which  Great  Britain  owes  reparation  to  the  United  States. 


« t .  'it 


308 


TRKATY    OF    WA.sHl\(i  1H)N. 


[SI 


*PAliT    VI 


1 2;*!  ''i-i 


STATEMENT  OF  FACTS  RELATIVE  TO  THE  ALABAMA. 


My  Loiti) ; 


I'Arir    VI 

A  lahilM.a. 


Oq  the  24tli -IiiiM',  18(L*,  Kiirl  Russell  recieiveil  from  Mr.  Adiiiiis  the 
following  note  with  an  iiiclo.siue:' 

,  ^f)•,  .idams  to  Earl  liuvseU. 

Legation  ok  tiik  Unitki)  Siaiks, 

Loudon,  June ',':?,  IrtG'J. 
ifimw  tiiiu-  siiKO  it  may  l)c  recollt'ctcd  l)y  your  loidx' ;;  that  I  felt  it  in.v 
duty  to  make  a  rciui'scutatiou  tourliiiifj  tlio  ecjuiiuuciit  from  the  jior't  (if 
Li\ crjiool  (if  the  t;m>-l"'i't  Oreto  witli  the  iuteut  to  make  war  n^xin  tho 
L'ulted  .States.  Notwithstaiidiiij?  tiie  statemeuts  returned  from  tin- 
authorities  of  that  jjlace,  with  which  your  Iord.«hip  favored  me  in  rejdy,  tuiKMnfr  a 
dirterent  destination  of  tiiat  veHHtl,  I  have  the  Ktroufrest  reason  for  bclievinjj  tliat  tlnit 
vessel  went  directly  to  Nassau,  an«l  tluit  she  has  been  there  enj^aj^ed  in  completiiijj  her 
armament,  provisioiiinj;,  and  crew  for  the  object  tirst  indicated  by  me. 

I  am  now  under  the  painful  necessity  of  apprising  your  hirdsliip  that  a  new  and  still 
more  powerful  war-steamer  is  nearly  ready  for  de])arture  from  the  port  of  Liverpool  on 
the  same  errand.  'J'his  vessel  has  been  built  and  launched  from  the  dock-yard  of  jxt- 
sons,  one  of  whom  is  now  sitting  as  a  member  of  the  House  of  Commons,  and  is  titliu;,' 
out  for  the  especial  and  manifest  object  of  carrying  on  hostilities  by  sea.  It  is  about 
to  be  commanded  by  one  of  the  insurgent  agents,  the  same  who  sailed  in  the  Oreto. 
The  parties  engaged  in  the  enterprise  are  persons  well  known  at  Liverpool  to  be  agents 
and  otidcers  of  the  insurgents  in  the  United  States,  the  nature  and  extent  of  wliosr 
labors  are  well  explained  iu  the  copy  of  an  intercepted  letter  of  one  of  them  wliicii  I 
received  from  my  Government  some  days  ago,  and  which  I  had  the  honor  to  place  in 
your  lordship's  hands  on  Thursdiiy  last. 

I  now  ask  iiermission  to  transmit,  for  your  consideration,  a  letter  addressed  to  me 
by  the  consul  of  the  United  States  at  Liverpool,  in  couliruuitiou  of  the  statements 
here  submitted,  and  to  solicit  such  action  as  may  tend  either  to  stop  the  projected  ex- 
))edition,  or  to  establish  the  fact  that  its  purpose  is  not  iuimical  to  the  i)eoplo  of  tbe 
United  States. 
Renewing,  &c., 

(Signed)  CHARLES  FRANCLS  ADAMS. 

The  "  copy  of  an  intercepted  letter"  referred  to  in  the  above  note 
was  a  paper  purportinjif  to  be  a  copy  of  a  letter  or  report  from  a  confed- 
erate officer  of  artillery,  addressed  to  some  person  unknown,  and  relat- 
ing to  purchases  of  military  supplies  for  the  confederate  army,  and  to 
vessels  employed  in  blockade-running.    The inclosure  was  as  follows: 

Mr.  Dudley  to  Mr.  Adams. 

United  States  Consjulate, 

Liverpool,  June  21, 1862. 
Sir  :  The  gun-boat  now  being  bnilt  by  the  Messrs.  Laird  &  Co.,  at  Birkenhead,  opiMv 
Bite  Liverpool,  and  which  I  mentioned  to  yon  in  a  previous  dispatch,  is  intended  foi 
the  so-called  confederate  government  in  the  Southern  States.  The  evidence  I  have  is 
entirely  conclusive  to  my  mind.  I  do  not  think  there  is  the  least  room  for  doubt  about 
it.  Beanfort  and  Caddy,  two  of  the  officers  from  the  privateer  Sumter,  stated  that 
this  vessel  was  being  built  for  the  Confederate  States.    The  foreman  in  Messrs.  Lairds' 


'  Appendix,  vol.  i,  p.  177. 


CA81i    ()1<     (JIMOAT    MHITAIN. 


309 


vnnl  HiiyH  hIio  is  tin;  HistiM"  to  tliB  yiin-boat  Orcio,  ami  lias  bct'ii  Imilt  fitr  tin'  saiui^  )»ar- 
tit!8  auil  fur  lilt)  saiiio  purpose;  wlji.-ii  pi^ssoil  lor  a  fiiiHinr  <'xplaiiiitioii  ho  Htatfii  lliat 
ulio  wan  to  boa  i)rivatt!('r  for  the  "  Mouthtuu  Kovcrmiiniit  in  thr  Uiiitt'd  Staten."  Tint 
I'liptaiii  and  ufllic.crs  of  tht^  stt>ain(>r  .Julia  IJshor,  now  at  Liverpool,  anil  wiiich  is  htailtMl 
to  run  tito  hloi'katio,  statt;  tliat  this  ^uu-boat  Ih  fur  tho  cunfuiloratuu,  and  in  to  bo  uom- 
iiiaiHled  by  Captain  Uiillock. 

The  strictt'st  watch  is  kept  ovim-  this  vpss»»1  ;  no  i)rrson  «>x(it^pt  thoso  iinnuMliat<<ly  <mi- 
RHHPd  upon  her  is  admitted  into  tlie  yard.  On  the  oceasion  of  tlie  trial  trip  nnide  last 
TlnirHday  week,  no  one  was  admitted  witlxnit  a  i»ass,  and  these  passes  were  issued  to 
but  few  jiersons,  and  tliose  who  are  known  hero  as  active  secessionists  engni^ed  in  seud- 
iuj;  aid  and  relief  to  tlie  rebels. 

I  understand  that  her  annanient  is  to  consist  of  eleven  gnus,  and  that  she  is  to  enter 
ill  once,  as  soon  as  she  leaves  this  port,  upon  her  business  as  a  privateer. 

Tlie  vessel  is  very  nearly  completetl:  she  has  had  her  first  trial  trip.  This  trial  was 
Huccessful,  and  entirely  satisfactory  to  the  persons  who  are  snperintendiii};  her 
[S2]  construction.  She  will  be  tinisiied  *in  nine  or  ten  days.  A  part  of  her  powder- 
ranistera,  which  are  to  number  200,  and  which  are  of  a  new  patent,  made  of  cop- 
ptT  with  screw  tops,  are  on  board  the  vessel ;  tho  others  are  to  bo  delivered  in  a  few 
diiys.  No  pains  t)r  expense  have  been  spared  in  lier  construction.  Her  en<;ines  aro  on 
the  oscillating  principle,  and  are  :5.jO  horse-power.  She  measures  1,0.")()  tons  burden, 
iiiul  will  draw  14  feet  of  water  when  loath-d.  Her  screw  or  fan  works  in  a  solid  brass 
franio  castiii/^,  weijjhinj;  near  two  tons,  and  is  so  constructed  as  to  be  lifted  from  the 
water  by  steam-power.    The  idatfornis  and  <juu-carriaKes  aro  now  beiiij;  constructed. 

When  completed  and  armed  she  will  be  a  most  formidable  and  danirerous  craft ;  and, 
if  uot  prevented  from  H"''"n  to  sea,  Avill  do  much  mischief  to  our  commerce.    The  per- 
HoiiH  eiiKa<j[ed  in  her  construction  say  that  no  better  vessel  of  her  class  was  ever  built. 
1  have,  &.C., 
,     (Signed)  THOS.  H.  DUDLEY. 

The  attention  of  Mr.  Adams  had  beeu  called  by  Mr.  Dudley  to  the 
vessel  mentioned  in  the  foregoing  note  and  inclosure,  both  before  she 
was  launched  and  immediately  afterward.  The  launching  of  this  ves- 
sel took  place  on  the  15th  May,  1802,  about  a  month  before  the  date  of 
Mr.  Adams's  first  representation  to  Earl  Kussell.  Mr.  Dudley's  atten- 
tion had  been  directed  to  the  vessel  in  November,  1801,  immediately  on 
his  arrivjil  at  Liverpool. 

Immediately  on  the  receipt  of  Mr.  Adams's  note,  ]Mr.  Hammond,  one 
of  the  undersecretaries  of  state  for  foreign  affairs,  w  vote,  by  the  direc- 
tion of  Earl  Ilussell,  to  the  secretary  to  the  treasury  and  to  the  law- 
oHicers  of  the  Crown,  as  follows:* 

3//'.  Hammond  to  the  nenrtary  to  the  treasury. 

Foreign*  Office,  June  25,  1862. 

fnt:  I  am  directed  by  Earl  Russell  to  transmit  to  yon  a  copy  of  a  letter  from  the 
United  States  minister  at  this  court,  calling  attention  to  a  steamer  reported  to  be  tittod. 
out  at  Liverpool  as  a  southern  privateer,  and  inclosing  a  copy  of  a  letter  from  the  United 
States  consul  at  that  port,  reporting  the  result  of  his  investigations  into  the  matter; 
and  I  am  to  request  that  you  will  move  the  lords  commissioners  of  Her  Majesty's 
treasury  to  cause  immediate  inquiries  to  be  made  respecting  this  vessel  and  to  take 
such  steps  in  the  matter  as  may  be  right  and  proper. 

I  am,  &c., 

(Signed)  E.  HAMMOND. 

Mr,  Hammond  to  the  law-officern  of  the  Crouii. 

FouEiGN  Office,  Jinie  25,  1862. 
Gentlemen:  I  am  directed  by  Earl  Russell  to  transmit  to  you  a  letter  from  the 
United  States  minister  at  this  court,  calling  attention  to  a  steamer  reported  to  be  fit- 
ting out  at  Liverpool  as  a  southern  privateer,  and  inclosing  a  copy  of  a  letter  from  the 
United  States  consul  at  that  port  reporting  the  result  of  his  investigations  into  the 
matter;  and  I  am  to  reqnest  that  you  will  take  these  papers  into  your  consideration 
»nd  favor  Lord  Russell  with  any  observations  you  niav  have  to  make  upon  this  ques- 
tion. 

I  am,  &c., 
_  (Signed)  E.  HAMMOND. 

'  Appendix,  vol.  i,  pp.  180,  181. 


1 


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310 


TREAT V    OF    WASHINGTON. 


(vopiea  of  iMr.  AdainH's  nott>  uiul  Mr.  Diulley's  letttT  wore  Heiit  with 
each  of  tlie  two  i)roco(linj?  letters  for  the  itiforiiiiition  of  th«»  UmU  coin. 
inisBioiiersof  the  treasury  and  th«^  hiw-oHicers,  respectively.  Karl  Itns 
sell,  on  tlie  same  day,  wrote  as  foUows  to  .Mr.  Adams:' 

I'^arl  JiiiHMill  to  Mr.  .tdniUH. 

FoitKKlN  Ol'IICK,  ./»(((• 'J'l,  iHiy. 

Sii{ :  I  have  tlit'  Iniiior  to  iicknowlcdjic  tlie  ic('fij)t  of  your  It^ttiT  of  tlic  'SM  instant, 
•  iillii'jj  attiMitiou  to  a  Mtoiuii-vt'ssHl  whicli  yon  statu  is  now  tittinj^ont  at  liiviMiioii!  with 
tlio  intt.Mition  of  cairyinn  on  hostilitit'M  ajjaiiist  the  (lovorninont  of  tlio  I'nitcd  SlutcH: 
anil  I  liavr  to  uciinaint  yon  tiiat  I  Inivo  lost  no  time  in  it'fcirinjr  the  niatttr  to  iln 
proper  department  of  Her  Majesty's  ;;ov«rnment. 

I  am,  iSiv., 

(Signed)  Kl'SSKLL. 

The  law-offleers  of  the  Crown,  on  tlie  ,'JOth  June,  l.Sdi.',  made  tlioir 
report,  as  foHows : ' 

The  l(iw-o(}lvri'ii  i>/  tin-  Crown  Itt  Kiirl  IihhhvII. 

Tkmpi.k,  June  :{(),  lH(i2. 

MYL«)ni>:  We  are  honored  with  yonr  lordship's  comnian<ls  sifjnified  in  Mr.  Ham- 

niond's  letter  of  the  2r)tii  .lune  instant,  statinj;  that  he  was  directed  by  your 
[8!{"|    lordshi])  to  transmit  to  ns  a  letter  from  the  United  '.States  minister  at  this  couit, 

calling  attention  to  a  steamer  reported  to  lie  fitted  ont  at  Liverpool  as  a  soiith- 
«!rn  private»!r,  and  ineloHiiifj  a  copy  of  a  letter  from  the  I'nited  .States  consnl  at  that 
port,  reportinjjf  the  resnlt  of  his  investifiations  into  the  matter,  and  to  reipn-st  that  we 
wonld  take  these  j)apt!rs  into  onr  consideration  and  favor  your  lordship  witli  any  oii- 
scrvations  wo  might  have  to  make  npon  this  fpiestiou. 

In  obedience  to  yonr  l"rdsliii>'s  commands  we  have  taken  these  jiapors  into  consider- 
ation, and  have  the  honor  to  report — 

That,  if  the  rejiresentation  made  to  Ifer  Majesty's  government  by  Mr.  Adams  is  in 
accordance  with  the  facts,  the  building  and  e(|nipment  of  the  steamer  in  ((nestion  is.i 
manifest  violation  of  the  foreign-enlistment  act,  and  stejts  ought  to  be  taken  to  put 
that  act  in  force  and  to  ]nevent  the  vessel  from  going  to  sea. 

The  rejiort  of  the  United  States  consul  at  Liverpool,  inclosed  by  Mr.  Adams,  besides 
suggesting  other  grounds  of  reasonable  suspicion,  contains  a  direct  assertion  tlnit  tin' 
fArenuin  of  ^Jessrs.  Iiaird,  the  builders,  has  stated  that  this  vessel  is  inteiuled  as  a  ])ii- 
vateer  for  the  service  of  the  goverunu'iit  of  the  Southern  States;  and,  if  tlu',  eliaraeter 
of  the  vessel  and  of  her  e<inipuient  bo  such  as  the  same  report  describes  them  to  be,  it 
aeems  evident  that  siio  must  be  intended  for  some  warlike  puri)ose. 

Under  these  circumstances  we  think  that  i)r()i>er  steps  ought  to  be  taken,  under  the 
direction  of  Her  Majesty's  government,  by  the  authorities  of  the  customs  at  Liverpool. 
to  ascertain  the  trulii,  and  that,  if  sutlicient  evidence  can  bo  obtained  to  Justify  pro- 
ceedings under  the  foreign-eulistnu'ut  act,  such  procee<liugs  should  be  takeii  as  early 
as  possible.  Ju  the  mean  tiuu>,  Mr.  Adams  ought,  we  think,  to  '><  informed  that  llov 
Majesty's  government  are  proceeding  to  iuvestigate  the  case  ;  but  tlat.  the  course  which 
they  may  eventually  take  must  m-cessarily  depend  upon  th>.  iintiirc  and  sutUciency  nf 
any  evidence  of  a  breach  of  tlie  law  which  they  may  be  enabled  to  jbtaiu  ;  and  tliat  it 
Avill  be  desirabhi  that  any  evideiico  in  the  possession  of  tbf  I'ls'ied  States  consnl  at 
Liverpool  should  be  at  once  commnuicated  to  the  officers  of  Her  Majesty's  customs  at 
that  port. 

We  have,  tSrc, 

(Signed)  WM.  ATHERTOX. 

KOUNDELL  PALMER. 

The  commissioners  Of  customs,  on  the  1st  July,  1862,  reported  to  tbe 
treasury  as  follows:^ 

licport  ly  the  commissioners  of  customs. 

To  tlie  lords  commissioners  of  Eer  Majesty's  treasury  : 

Yonr  lordships  having  referred  to  na  the  annexed  letter  from  Mr.  Hammond,  thi 
nnder-aecretary  of  state  for  foreign  alfairs,  transmitting,  by  desire  of  Earl  Russell, 
copy  of  a  letter  from  the  United  States  minister  at  this  court,  calling  attention  to  a 


Appendix,  vol.  i,  p.  180. 


^Ibid.,  p.  181. 


'  Ibid.,  p.  182. 


CASK    OF    GKKAT    UlilTAlN. 


."»11 


ntcamtT  r»i|i()rfo»l  to  l»o  littiii^  out  at  Tiiwipftol  (ih  a  8(Hi(1i<'rii  piivafciT,  and  iiiiloMiiijr 
I'opy  of  a  lott«i'  tVoiii  tlio  IJiiitt'il  Sf.att^H  consul  at.  tliat.  |>'>i't.  r('|ii>i'iin<r  tlii<  risnll  ofliis 
invi'sti^ation  into  tlit^  inattcr,  and  riMint'stirii;  that  ininii'iliatii  iminirirM  may  lie  niadii 
i(>s|ii'('tin^  tliiH  vcMscI,  and  hiicIi  steps  lakcn  iu  the  inatlcr  as  niiiy  Uf.  i-i<;lit  and  piopcr, 
Wo  report  that,  ininiediately  on  itM-eipt  of  yonr  lord-iliips'  leierein-e,  \V(*  forvvanled 
the  papers  to  our  collector  at  I^iverpool  J'or  his  spe<i,il  iii(|niry  and  re|ii>rt,  and  we  leain 
t'i'oiii  his  reply  that  the  fittin^j;  out  of  the  vessel  has  not  (^siapeil  the  noliit-  of  tiMMinieors 
((I"  this  rev()niie,  hut  that  as  yet  notiiinij  has  transjiired  cdiicernin;;  ln^r  wliicli  has 
iippeured  to  demand  a  special  report. 

Wo  are  inicuined  that  the  (»tJicers  have  at  all  times  free  access  to  the  Imildinjj-yards 
of  tile  Messrs.  Laird,  at  IJirkenhead,  whore  the  vessel  is  lyiiij;  ;  and  that  there  has  boon 
no  iittonipt  on  tlu^  part  of  inu'  huilders  to  disguise  what  is  most  apparent,  that  she  is 
iiitciiilerl  for  a  ship  of  war;  and  one  of  tiio  sut'veym's  iu  tint  service  of  this  revenue, 
who  had  htuMi  directiid  by  the  colhvtor  personally  to  inspect  the- vessel,  has  utatod  that 
tlie  description  of  her  in  the  ciMumuuicatioii  of  the  ('nited  States  consul  is  correct,  with 
till' (exception  that  iier  enj^inos  are  not  couHtructed  on  the  oseillatinj;  principle.  Her 
(liiiuMisious  are  a.s  fcdiows:  Len<rth,  211  fttet  (!  inches  ;  breadth,  'M  feet  H  incluss;  depth, 
17  feet  ^  inches  ;  and  her  k'"'w<  ttmnajje,  by  the  i)rescut  rate  of  adnieasurement,  is(W2.'iU 
tons.  Tile  surveyor  has  further  statwl  that  shtihas  Hoveral  powdcr-canist»>r8  on  board, 
Imt,  as  yet,  neither  yuiis  nor  carriayes,  and  that  the  currtMit  rep(U't  iu  re;;ard  to  tlio 
vessel  is,  that  she  has  been  built  tor  a  foreijjn  jiovt^runiont,  which  is  not  denied  by  the 
Messrs,  Laird,  with  whom  the  surveyor  luis  conferred;  but  thoy  do  not  appear  disposed 
to  reply  to  any  (|uestio!iH  resjtoctiu<^  tlio  destination  of  tho  vesstd  after  siie  leaves  Livor- 
jtool.  And  the  otticurH  havu  no  other  reliable  Hource  of  in.bnnution  on  that  point ;  and 
liiiviiiK  roferre  k' he  matter  to  our  uolicitor,  he  has  reported  his  opinion  that,  at  present, 
tiierc  is  not  sni.rent  f^ronnd  to  warrant  tho  detention  of  tho  vessel,  or  any  interference 
on  tho  part  of  this  department,  in  which  report  we  bei^  to  express  our  coneurrenoe. 
And,  with  reference  to  the  statement  of  the  United  States  consul,  that  t\ui  evidence  be 
has  ill  refjard  to  this  vessel  beinj;  intended  f-.  the  so-called  confederate  f^overnmeut 
ill  tho  Southern  States  is  entirely  comdnsive  to  his  mind,  we  would  observe  that,  iiias- 
inuoh  as  tho  otHcers  of  customs  of  Liverpool  would  not  be  jiistiliod  in  takinj^  any  steps 
iii;aiiist  the  vessel  unless  sullieient  evidence  to  warrant  lier  (Uiteution  should  be  laid 
h«fore  them,  the  proper  course  would  be  f(U"  tho  consul  to  submit  such  evitlence  as  he 
possosses  to  the  collector  at  that  port,  who  would  tiiereupon  take  such  measures  as  the 
lirovisious  of  the  forei).;n-enlistnient  act  would  re(inire.  Without  tho  production  of 
lull  and  Hufilicicnt  evidence  to  Justify  their  proceiidings,  the  suizinji;  olH(;ers  might 

entail  on  themselves  and  on  tho  yoverniuDnt  very  sl'riollscou^e(lll;!uces. 
[>^4]        *\\'e  bey;  to  add  tiiat  tho  otHcers  at  liiverpool  will  keep  a  strict  watcdi  on  the 

vessel,  and  that  any  further  information  that  may  be  obtained  concujriiinj;  her 
will  he  forthwith  reported. 

(Signed)  THO.  F.  FKLMANTLE. 

UKKNVILLE  C.  L.  IJKRIvKLKY. 
Ci'sroM-Honsi:,  July  1,  ISCri, 

A  copy  of  the  report  of  tlie  (ioiuniissioiiers  of  cu.stoms  was,  on  the  4tU 
■Inly,  18(52,  tiiiusniitted  by  Earl  llussell  to  Mr.  Adams,  inclosed  in  the 
Ibllowing  letter:' 

Eurl  JiuxntU  to  Mr.  Adams. 

FoRKiON  Okkick,  July  4,  18(52. 

SiK:  With  roference  to  my  letter  of  the  'i.'ttli  ultimo,  I  have  tho  honor  to  inclose  a 
I'opy  of  a  report  from  the  coinmissioners  of  customs,  nvspectiug  the  vessel  which  you 
have  been  informed  is  being  built  at  Liverpool  for  the  government  of  tho  so-styled 
Confederate  States,  and  in  accordance  therewith  I  would  bi!g  leave  to  suggest  that  you 
should  instruct  the  United  States  consul  at  Liverpool  to  submit  to  the  collector  of  cus- 
toniH  at  that  port  such  evidence  as  ho  may  possess  tending  to  show  that  his  suspiciouH 
as  to  the  destination  of  the  vessel  iu  (tuestion  are  well  founded. 

I  am,  &c., 

(Signed)  RUSSELL. 

Mr.  Adam.s  replied  as  follows:' 

Mr.  Adamx  to  Earl  litissdl. 


LE(5ATI0X   Ol'    THK    UNITED  STATES, 

London,  July  7,  1862. 
My  Lord  :  1  have  the  honor  to  acknowledge  the  receipt  of  your  note  of  the  4th 
instant,  covering  a  copy  of  the  report  from  the  coinmissioners  of  cnstonis  respecting  a 

'  Appendix,  vol.  i,  p.  18.5. 


312 


TREATY    OF    WASHINiiTON. 


voseel  urosuinod  by  me  to  be  in  cour.se  ol'  pioparation  at  Livcrponl  to  (any  on  lii>,>iil.( 
opeiatioim  a^aiuht  the  UnitL-d  States. 

In  aceordiinco  with  your  lordship's  8U<;ij;ostion,  I  .shall  at  onco,  instruct  tin-  (mimmiI  of 
the  United  States  to  submit  to  the  collector  of  customs  at  that  i)ort  such  evidenci-  ns  lie 
possesses  to  show  that  the  suspicions  he  enteitaius  of  the  character  of  that  vcsst;!  luc 
well  founded. 

I  j)rav,  Ac, 

(Signed)  ClfAKLES  FRANCIS  ADAMS. 

On  the  10th  Jul.v,  1802.  the  colloctor  of  cu.stom.s  at  Liverpool  recicived 
from  Mr.  DiuUey  the  following  letter : ' 


The  Uiiifcd  Stafci  coiihiiI  to  the  colhdov  of  ciixtoini,  Liverpool. 

LiVK.Itl'OOI.,  JuUj  l»,  Ir^iVi. 

Sik:  In  accordance  with  a  suggestion  of  Earl  Russell,  in  a  coniniunication  to  Mr. 
Adams,  the  American  minister  in  Loudon,  I  beg  to  lay  before  you  the  information  and 
circumstances  which  have  come  to  my  kuowleclgo  relative  to  the  gnu-boat  now  beiuf; 
fitted  out  by  Messrs.  Laird,  at  Birkenhead,  for  the  confederates  of  the  .southern  United 
States  of  America,  and  intended  to  be  used  as  a  privateer  .against  the  United  States. 

Oi'.  my  arrival,  and  taking  charge  of  the  consulate  at  Liverpool  in  Novend)er  last. 
my  attention  was  called  by  the  acting  consul  and  by  other  persons  to  two  guu-boat.s 
being  or  to  be  fitted  out  for  the  so-called  confederate  government:  the  Oreto,  fitted 
out  by  Mr.  Miller  uud  Messrs.  Fawcott,  Preston  &-  Co.,  aud  the  one  now  in  question. 
Subsequout  events  fully  proved  the  su.spicion  witii  regard  to  the  Oreto  to  be  well 
fouuded  ;  she  cleared  from  Liverpool  in  March  bust  for  I'alermo  aud  Jamaica,  but  sailed 
direct  for  Nassau,  whero  she  now  is  receiving  her  armament  as  a  privateer  for  the  so 
called  confederate  government;  and  my  attention  was  called  repeatedly  to  the  }jini- 
boat  buihling  by  Mr.  Lainl,  by  various  persons,  who  stated  that  .she  also  was  for  a 
confederate  privateer,  and  wjis  being  built  bj'  the  Messrs.  Lairds  for  that  exprcs.s 
purpose. 

In  May  last  two  ofliccrs  of  the  southern  privateer  Sumter,  named  Caddy  and  15oa\i- 
fort,  passc^d  through  Liverpool  on  their  way  to  Havana  aud  Nassau,  and  while  luuf 
stated  that  there  was  a  gun-boat  building  l)y  Mr.  Laird,  at  Birkenhead,  for  the  southern 
confederacy;  and  not  long  after  that  a  foreman  employed  about  the  vessel  in  Mr. 
Laird's  yard  stated  that  she  was  the  sister  of  the  Oreto,  and  intended  for  the  same 
service,  and,  when  pressed  for  an  explanation,  further  stated  that  she  was  to  ))e  a  pri- 
vateer for  the  southern  government  in  the  United  States. 

When  the  ves.sel  was  tirst  tried,  Mr.  Wellsuian,  one  of  the  firm  of  Eraser,  Treiibolni 
&  Co.,  (who  are  well  kuown  as  agents  for  the  confederate  go\  eminent,)  Andrew  and 
Thomas  Byrne,  and  other  persons,  well  known  as  having  been  for  months  actively 
engaged  in  sending  munitions  of  war  for  said  government,  were  present,  and  havf 
accompanied  her  on  her  various  trials,  as  they  had  accompanied  the  Oreto  ou  her  trial 
trip  and  on  her  departure. 

In  April  last  the  southern  screw-steamer  Annie  Childs,  which  had  run  the  bloekado 
out  of  Charleston,  and  the  name  of  which  was  changed  at  this  port  to  the  Julia  I'slicr, 
was  laden  with  munitions  of  war,  consisting  of  a  large  <piantity  of  powder,  rifled  oan- 
uon,  A'.c.  by  Messrs.  Eraser,  Trcnholm  &  Co.,  for  the  southern  confederacy,  andhl't 
[85]  Liverpool  to  run  the  blockade  under  the  command  of  a  Captain  *  Hammer,  and 
having  ou  board  several  of  the  crew  of  the  privateer  Sumter,  to  which  I  liavi' 
before  referred. 

E^or  some  reason  unknown  this  vessel  came  back  and  is  now  hero.  Since  her  return 
a  youtli  named  Robinson,  who  had  gone  in  her  as  a  pa.ssonger,  has  stated  that  the  gun- 
boat building  at  Lairds'  for  the  .southern  confederacy  was  a  subject  of  freiiueiit  con- 
versation among  the  officers  while  she  (the  Julia  Usher)  was  out.  That  she  was  .ili 
the  time  spokeu  of  as  a  confederate  vessel :  that  Captain  Bullock  was  to  command 
her;  that  the  money  for  her  was  advance<l  by  Eraser,  Treuholm  &  Co.;  that  she  wa,s 
not  to  make  any  attempt  to  run  the  '.)lo(!kade,  but  woiihl  go  at  onco  as  a  jtrivateer; 
that  she  was  to  mount  eleven  guns;  and  that  if  the  Julia  Usher  was  not  going,  the 
six  men  from  the  Sumter,  who  were  ou  board  tho  Julia  Usher,  were  to  .jt)in  tiie  gun- 
boat. This  youth,  being  a  native  of  New  Orleans,  was  extremely  anxious  to  get  taken 
in  board  the  gnn-lioat,  and  wished  the  persons  he  made  the  communication  to,  to  as.si»t 
him  and  see  Captain  Bullock  ou  his  behalf.  He  has,  I  undorstand,  been  removed  to  .i 
school  in  London.  With  reference  to  his  statement,  I  may  observe  that  Captain  llani- 
nior  referred  to  is  a  South  Carolinian,  has  been  for  many  years  in  Eraser,  Trenholni  A 
Co.'s  employ,  is  greatly  trusted  by  them,  and  is  also  intimate  with  Captain  Bullock,  so 
that  ho  wor.ld  be  likely  to  be  well  informed  on  tho  subject ;  and  as  he  ht.d  no  notion 

'Appendix,  vol.  i,  p.  185. 


('A«K    OF    (JKEAT    IJKITAIX.  MS 

at  tliiit  tiint!  of  rtitiiriii'iii  to  Liverpool,  he  woiilil  liavo  no  lii-sitation  in  siti-akiii;;  of  the 
iiiattur  to  his  otliecis  aiul  tlu>  iktsoiis  from  the  SumhT.  1  may  also  wtafc  that  Captain 
I'ulloL'k  rtferred  to  is  in  liivtupool;  tliat  ho  is  an  olHct-r  of  tht;  ronfedcratf  navy;  that 
he  was  nent  over  hero  for  the  express  jmrposi' of  (ittinjj;  ont  privateers  and  sending; 
over  ninnitions  of  war;  that  he  transacts  liis  business  at  the  ollii-e  of  Frazer,  Tren- 
linlin  A  Co.;  that  In;  has  heen  all  the  tiin(?  in  communication  with  Fawcett,  Pres- 
ton &,  Co.,  who  titted  ont  the  Oreto,  and  with  fiairds,  who  are  (ittini;  ont  this  vessel; 
that  he  goes  almost  daily  on  board  the  gnn-boat,  and  seems  to  be  recognized  as  in 
authority. 

A  Mr.  Blai)'.  of  Paradise  street,  in  this  town,  who  fnrnished  the  cabins  of  the  Laird 
{tnn-boat,  has  also  stated  that  all  the  tittiiigs  and  furniture  were  selected  by  Ca;>taiu 
HiiUock,  and  were  subject  to  his  api»roval,  although  paid  for  by  Mr.  Laird. 

The  information  on  which  I  have  formed  an  nndonbting  conviction  that  this  vessel 
is  being  titted  ont  for  the  so-called  confederate  government,  and  is  inteiuled  to  crniee 
against  the  connnerce  of  the  United  States,  has  conn;  to  me  from  a  variety  (tf  sources, 
ami  I  have  detailed  it  to  yon  as  far  as  i)racticabli\  I  have  given  you  the  mimes  of  Mcr- 
8ons  making  the  statenuMits;  but  as  the  inforuiation  in  most  eases  is  given  to  me  by 
persons  ont  of  friendly  feeling  to  the  United  States,  and  in  strict  confidence,  I  cannot 
Htate  the  names  of  my  infornnints  ;  but  what  I  have  stated  is  of  such  a  character  that 
little  inqniry  will  confirm  its  truth. 

Everything  about  the  vessel  shows  her  to  be  a  war-vessel;  she  has  well-eonstrncted 
magazines;  she  has  a  number  of  canisters,  of  a  peculiar  and  expensive  construcrtion, 
tor  containing  powder;  she  has  platforms,  alreatly  screwed  to  her  decks,  for  the  recep- 
tion of  swivel-gnns.  ]nde<^d,  the  fact  that  she  is  a  war-vessel  is  not  denied  by  Xlessia. 
Laird ;  but  they  say  she  is  for  the  Spanish  government.  This  they  state)!  on  the  "d  of 
April  last,  when  (Jeiieral  linrgoync!  visited  their  yard,  and  was  shown  over  It  and  the 
variou"  vessels  being  built  tliere  by  Messrs.  John  liuird,  Jr.,  and  Henry  H.  Laird,  as 
was  fully  reported  in  the  j)apers  at  the  tinn^ 

Seeing  the  statement,  and  having  been  already  inforineil  from  so  nniny  respectable 
80urces  that  she  was  for  the  so-calhul  conftHlerate  gover'. ment.  I  at  once  wrote  to  the 
minister  in  London  to  ascertain  from  the  Spani.-sh  embassy  whether  th(>  statement  was 
true.  The  rej)ly  was  a  jtositive  assurance  that  she  was  not  for  the  Si>anish  goverunnMit. 
lam  therefore  authorized  in  saying  that  what  was  stated  on  that  occasion,  as  well  as 
statements  since  made  that  she  is  for  the  Spanish  government,  are  untrue. 

1  am  satisfied  heyond  a  ilonht  that  she  is  for  a  confederate  war-ves.-sel. 

If  yon  desire  any  personal  exitlanation  or  information,  I  shall  be  hapi>y  to  attend 
you  whenever  yon.  may  re<|uest  it. 
I  am,  &c., 
(Signed)  THOMAS  H.  DUDLEY. 

The  statement  in  the  above  letter  that  the  Fh)ritla  was  receiving  ariua- 
iiient  at  Nassau  was  erroneous.  The  Florida,  as  has  been  already  shown, 
did  not  re(!eive  any  armament  at  Nassau. 

To  this  letter  the  collector  replied  as  follows:' 

The  collvitor  of  vimtomx,  Liirrpool,  to  the  I'nitid  Slater  cotisiil. 

LiVEiiPOoi,,  July  l<),  lfH>2. 

Silt:  1  beg  to  acknowledge  the  receipt  of  yonr  et)nnnnnications  of  yesterday's  date, 
(received  this  morning,)  and  to  acquaint  yon  that  I  shall  inunediately  submit  the  same 
for  the  consideration  and  direction  of  the  board  of  customs,  nntler  whom  I  liave  the 
honor  to  serve.  I  may  observe,  however,  that  I  am  respectfuMy  of  opinion  the  state- 
ment made  by  yon  is  not  snch  as  cor.ld  be  acted  npon  by  the  otlicers  of  this  revenue, 
unless  legally  substantiated  by  evidence. 

I  have,  «fce., 

(Signed)  S.  PKICK  KD^VARDS. 

A  copy  of  Mr.  Dudley's  letter  of  the  9th  July  was  on  the  10th  July 
tratismitted  by  the  collector  to  the  commissioners  of  customs,  together 
with  the  following  report  from  the  surveyor  of  customs  :^ 


[86] 


'  Sinrviior'n  report. 


SuitVEVOR'.s  Oi  TICK.  July  lt»,  1H62. 

Slit:  I  beg  to  report  that,  agreeably  with  y(tnr  directions,  I  have  this  day  inspected 
"IP  steamer  lying  at  the  bnilding-yard  of  the  Messrs.  Laird,  at  Uirkenhcad,  a.«1  llutl 


'  Appendix,  vol.  i,  p.  180. 


•-Ibid.,p.  IH.^ 


nm^m 


ai4 


TREATY    '»F    WASHINliTOX. 


tliat  slie  is  in  tlie  saiiio  state,  o'i  legaiils  her  unnament,  as  on  the  date  of  niy  former 
rp]>oit. 
She  lias  no  f;nns  m-  cuiTi.4ffes  on  board,  nor  are  lier  platforms  fitted  to  the  deck. 

Very  respectfnllv, 

(.Signed)  '  E.  MORGAN. 

The  paper:,  transmitted  l>y  the  collector  jis  aforesaid  were  referred  by 
tbe  coinirissioiier.s  of  ciistoin.s  to  the  solicitor  to  tlie  eiistoins,  who  is 
the  otticial  adviser  o/"  the  department  ou  matters  of  law  ;  and  he,  on  tbe 
lltb  duly,  lS«i2,  reported  as  follows : ' 

* 

Jicporl  from  the  wlicitor  to  the  euHtoniM. 

There  is  only  one  proper  way  of  looking  at  this  qnestiou.  If  the  eoUector  of  cus- 
toms were  to  detain  tiie  vessel  in  ((uestion,  he  wonld  no  donbt  have  to  maintain  the 
Hui/uoi  by  legal  evidence  in  a  court  of  law,  and  to  pay  damages  and  costs  in  case  of 
failure.  Upon  carefully  reading  the  statement  I  find  the  greater  part,  if  not  all,  is 
hearsay  and  inadmissible,  and  as  to  a  part  the  witnesses  are  not  forthcoming  or  eveu 
to  bo  named.  It  is  perfectly  clear  to  my  mind  that  there  is  nothing  in  it  amountiii<j 
to  prima  facie  proof  sutldcaent  to  justify  a  seizure,  much  less  to  support  it  in  a  court  o? 
law,  and  the  consul  could  not  expect  the  collector  to  take  upon  himself  such  a  risk  in 
opposition  to  rules  and  principles  by  which  the  Crown  is  governeil  in  matters  of  this 
nature. 

(Signed)  F.  J.  HAMEL. 

July  II,  1862. 

Tbe  commissioners  of  customs  accordingly  wrote  to  the  collector  as 
follows : ' 


hi 


\:^ 


Thr  rommimoners  of  riistoma  to  the  volhrtor  at  Liverpool. 

Cl'STOJi-HousE,  London,  Juhj  15,  18tW. 

Sii{ :  Having  considered  your  rejiort  of  the  10th  instant,  inclosing  a  communication 
which  yon  had  received  from  Mr.  JT.  M.  Dudley,  American  consul  at  Liverpool,  appris- 
ing you  of  certain  circumstances  relative  to  a  vessel  which  he  states  is  now  beiiii; 
fitted  out  by  Messrs.  Laird,  at  Birkenhead,  as  a  gun-boat  for  the  so-called  <onfi;ik'riite 
government  of  the  Southern  States  of  America,  and  intended  to  be  used  jus  a  i>rivat('er 
against  the  United  States,  anil  having  communicated  with  our  solicitor  on  the  subjcft— 

Wo  acquaint  you  that  there  does  not  appear  to  bo  prima  f'uir  proof  sullicient  iu  tlie 
statement  of  the  consul  to  Justify  the  .seizure  of  the  ves.se!,  and  you  are  to  apprisu  tlif 
consul  accordingly. 

We  transmit,  for  your  information,  a  copy  of  the  report  of  our  solicitor  ou  the  uiiit- 
ter,  dated  the  lllh  instant. 

(Signed)  FHEDEKICK  GOl'LHrHN. 

K.  W.  GREY. 

Copies  of  the  above  papers  were,  on  tbe   ITtb  July,  sent  by  the  com 
missioners  of  customs  to  tbe  treasury  for  tbe  information  of  the  lords 
commissioners  of  tbe  treasury. 

Up  to  this  point  the  information  which  was  iu  tbe  possession  of  Hor 
Majesty's  government  respecting  the  vessel  consisted  chiefly,  and  almost 
entirely,  of  hearsay  statements,  made  by  persons  who  coidd  not  be 
produced,  as  to  alleged  admissions  by  other  pei.'ioiis  who  were  repre- 
sented to  be  either  concerned  in  her  equipment  or  identified  in  intere"*t 
with  the  Confederate  States,  and  whom,  according;  to  tbe  rules  of  Englisli 
legal  procedure.  Her  Majesty's  government  could  not  compel  to  j;>^^' 
similar  admissiouB  or  evidence.  It  wa.s,  however,  apparent  that  slie 
was  intended  for  war ;  and  there  was  some  (though  very  slight)  evidence 
tending  to  connect  her  with  persons  who  were  believed  or  knowu  to  be 
partisans  or  agents  of  the  government  of  the  Confedcat*  States.  Mr. 
Dudley  admitted,  at  the  same  time,  that  he  could  not  give  tbe  names  »;1 

'  Appendix,  vol.  i,  p.  18^ 


CASE    OF    GREAT    BRITAIN. 


315 


til 


his  informants.  The  Captain  Bullock  mentioned  above  was,  in  fact, 
(as  Her  Majesty's  government  believes,)  an  ofticer  and  agent  of  the  gov- 
erument  of  the  Confederate  States,  but  Her  Majesty's  government  had 
at  that  time  no  means  of  proving  him  to  be  such. 

On  the  22d  July,  1802,  the  commissioners  of  customs  received  from 
*be  collector  at  Liverpool  the  following  letter:' 


[^7] 


'Tlie  roUector  o/viistoins,  Lircrpool,  to  the  comminnioucrs  of  cmtoms. 


LiVKirpooi.,  JuJ}j  21,  1862. 
HdXOBABI.k  Sius:  The  I'liitod  States  coiisnl,  air»oi)i]»iiiiie(l  by  his  solicitor,  Mr. 
Siiiiiiiey,  has  just  been  here  with  tlie  witnesses  who8(»  attidavits  are  inclosed,  reijiiest- 
iiig  me  to  seize  the  gun-boat  alluded  to  in  your  honors'  order  of  the  15th  instant,  upon 
tlio  evidence  adduced  to  him  that  the  gun-boat  has  been  fitted  out  by  Messrs.  Laird, 
of  Birkenhead,  for  the  confederate  government  of  the  Southern  States. 

The  only  evidence  of  importance,  as  appears  to  me,  is  that  of  William  Passmore, 
who  Iiad  engaged  himself  as  a  sat'or  to  serve  in  the  vessel. 

I  shall  be  obliged  by  the  board  being  pleased  to  instruct  me  by  telegraph  how  I  am 
to  act,  as  the  ship  appears  to  be  ready  for  sea,  and  may  leave  any  hour  she  pleases. 
K'cspectfully, 
(Signed)  S.  PRICE  EDWARDS. 

I',  S. — Notlii'..,  h  IS  boen  done  to  her  since  my  first  representation,  nor  has  anytliiug 


besides  coaN  be 


'ijeil  iu  her. 


S.  P.  E. 


Inclosed  iu  this  lerter  were  copies  of  six  sworn  tlepositions,  which 
were  as  follows : 


DEPOSITIONS. 


t  William  I'assmore.  of  Birkenhead,  in  the  county  of  Chester,  mariMer,  make  oath 
aud  say  as  fcdlows: 

1.  1  am  a  seaman,  and  have  served  as  such  on  board  ller  Majesty's  ship  Terrible 
liiiriiij;  the  Crimean  war. 

2.  Having  been  inform«l  that  hands  were  wanted  for  a  fighting-vessel  built  by 
Messrs.  Laird  tV:  Co.,  of  liirkenhead,  I  applied  on  Saturday,  which  was,  I  believe,  the 
ilst  (lay  of  .June  last,  to  C;  ptaiu  Butcher,  who,  '.  was  iuformeil,  was  engaging  meu 
tiirtlii'  haid  vessel,  tor  a  berth  mi   itoard  her. 

'■\.  Captain  Butcher  asked  •  •'  if"  I  knew  where  the  vessel  was  going,  iti  reply  to 
"iiirli  1  told  him  I  di«l  not  i  ';!!!»ly  un«lerstaud  a'jout  if.  H-;  then  told  me  the  vessel 
was  jioing  out  to  <he  gov.',  ufeiii.  f  theCtuifeder  ite  States  of  .Vmerica.  I  asked  him 
if  there  would  lie  auy  fr  'Jti'i,-.  T\t  whi«'h  he  replied,  yes,  they  were  going  to  tight  for 
ilie  southern  governmeni  .»  '  -i  .  i:u  I  had  been  u.scd  to  liglitiiig-vessels,  and  showed 
him  my  jiapers.  lasked  hiiu  ;ak.'i  me  signalmau  on  board  the  ve.'isel,  and,  in  reply, 
I"-'  said  that  no  articles  \sr':\'.  ,'  ,«■  rued  umil  the  vessel  got  outside,  but  he  would 
make  lue  sigiiainian  if  they  v  <j  li     .i  one  wlieu  they  got  outride. 

•1.  The  said  Cantain  Butcher  tue!i  engaged  nie  as  an  able  si-iiman  <iii  bo.'rd  the  siid 
vi-isel,  at  the  wages  of  jC4  \(U.  [ler  month,  and  it  was  arranged  that  I  should  join  the 
'•liip  iu  Messis.  Lainl  &  Co.'s  yard  on  the  following  Monday.  To  eu.t'c'e  me  to  gel  on 
Ixiard  Captain  Butcher  gave  me  a  pa.!!:..vord,  the  nuinlier  "  2'.ti)." 

;').  On  the  following  Monday,  wJiieh  was.  I  believe,  the  'l.W-.  of  .Tune  last,  1  joined  the 
Slid  vessel  in  Messrs.  Lairil  «Si:  Co.'s  yard,  at  Birkenhead,  and  I  reaiaiued  by  her  till 
Saturday  last. 

H.  The  said  vessel  is  ■- "ew-steanier  of  about  1  !00  tons  burden,  as  far  as  I  can  judge, 
■uid  is  built  and  Htte  "  \,))  is  a  lighting-ship  in  all  respects;  she  has  a  magazine  and 
'^liot  and  canister  rack^  .(eck,  and  Is  pieree<l  for  guns,  the  sockets  for  the  bolts  of 
which  are  laid  down.  'j'!;e  .^n  T  vessel  has  a  large  (piantity  of  stores  ajid  luovisions  on 
•ifiaid,  and  she  is  now  V]  ■  ■■'.  de  'victoria  wharf  iu  the'  great  lloat  at  Birkenhead, 
where  she  has  taken  in  alwi;  300  tons  of  coa\ 

".  There  pve  now  about  thirty  hands  on  board  her,  who  have  been  engaged  to  go  out 
111  bpr;  most  of  them  are  men  who  have  previously  served  on  l>oard  fighting- 
-!ii,N,  iiid  one  of  them  is  a  man  who  served  on  board  the  confederate  steamer  Sumter. 
Itjs  w  '■■'  known  by  the  bands  on  boartl  that  the  vessel  is  going  out  as  h  privateer  for 

^  Appendix,  vol.  i,  p.  lUti. 


i.  . 


3u; 


TliKATY    OK    VVASIIINOTON. 


the  coiife(l(!iate  };o%'eriiii\eiit,  to  act  against  the  Uiiitcil  Stuti's,  mult-r  a  coniiniji.sioi! 
from  Mr.  Jett'eisou  JJavis.  Three  of  the  crow  are,  I  helieve,  engineers  ;  and  thiiv  aii' 
also  some  Hremen  on  hoard. 

8.  Captain  Bntclier  and  another  gentleman  have  l»een  on  board  the  shii>  almost  evrrv 
day.  It  is  reported  on  hoard  the  ship  that  Captain  Butcher  is  to  he  the  sailing-niiistpr, 
and  that  the  other  gentleman,  whose  name  1  believe  is  Hnlloek,  is  to  be  the  liglitiiij; 
captain. 

y.  To  the  best  of  my  information  and  belief,  the  ahovo-mentioiied  vessel,  whitli  I 
have  heard  is  to  ho  called  the  Kioridii,  is  being  efiuipped  and  fiUed  ont  in  order  tiiiit 
she  may  be  employed  in  the  service  of  the  confederate  government  in  America,  to 
crnise  and  to  commit  hostili'ies  against  the  Government  and  people  of  the  I'liitiMl 
States  of  America. 

(Signed)  WILLIAM  rASSMOKK. 

Sworn  before  me  at  the  iiistom-house,  fiiverpool,  this  '^Ist  dav  of  .Tulv,  l^lij. 

(Signed)  S.  I'KICK  EDWARDS,  CoUcch,: 


•^iim 


I.  John  de  Costa,  of  \o.  8  Waterloo  Koad,  Liverpool,  shipping-master,  make  oiitlk 
and  say  as  follows : 

1.  I  know,  and  have  for  several  nmnths  known,  by  sight.  Captain  Bollock,  who  is 
very  generally  known  in  Liverpool  as  an  aj^nt  or  commissioner  of  the  Confedcratt' 

States  in  Anrerica. 
[88]        *2.  In  the  month  of  March  last  I  saw  i  i  .v-st(Mimer  Annie  Childs.  wliidi 

had  rnn  the  blockade  I'rom  Charleston,  en i>  o  river  Mersey.     She  came  up 

the  Mersey  with  the  confederate  flag  dying  at  her  i  '.c;  and  I  saw  the  Oreto,  a  new 
gun-boat  which  had  been  recently  built  by  Messrs.  W.  C.  Miller  «.V:  Sons,  ami  wliich 
was  then  lying  at  anchor  in  the  river  otf  Egrcmont,  dip  her  colors  three  times  in 
acknowledgment  of  the  Annie  Childs,  which  vessel  returned  the  compliment,  and  a 
boat  was  innnediately  afterward  dispatched  from  the  Annie  Childs  to  the  Ureto.  with 
several  persons  on  board,  Ijesides  the  men  who  were  at  the  oars. 

3.  On  the  22d  day  of  A'arch  last  I  was  on  the  north  landing-stage  between  T  ami ' 
o'clock  in  the  morning;  I  saw  the  said  Cajttain  Bullock  go  on  hoard  a  tender,  whieli 
afterwards  took  him  off  to  the  said  gun-boat  Ort>to,  which  was  then  lying  in  theSloyin'. 
.Tust  before  he  got  on  board  the  teiuler  he  shook  hands  with  a  gentleman  who  was  witli 
him,  and  said  to  him,  "This  day  six  weeks  you  will  get  a  letter  from  me  from  Charles- 
ton," or  words  to  that  effect. 

4.  On  the  same  day,  between  11  and  12  o'clock,  as  well  as  I  can  remember,  I  saw  the 
Oreto  go  to  sea.  She  came  well  in  on  the  liiverpool  side  of  the  river,  and  frt)ni  tin- 
Princess  Pier  head,  where  I  was  standing,  I  distinctly  saw  the  said  Captain  Hullock 
on  board  her,  with  a  person  who  had  been  previously  pointed  out  to  me  by  a  tireiiiaii 
who  came  to  Liverpool  in  the  Annie  Childs  as  a  Charleston  i)ilot,  who  had  come  over 
in  the  Annie  Childs  with  Captain  Bullock  to  take  the  gnn-b*^  it  out, 

(Signed)  JOHN  DE  COSTA. 

Sworn  before  me  at  the  custom-house.  Liverpool,  thlsSlst  dav  of  .lulv,  186"2. 

(Signed)  S,  PKICE  EDWARDS.  CoUcchr. 

3. 

I,  Allen  Stanley  Clare,  of  Liverpool,  in  the  county  of  Lancaster,  articled  clerk,  make 
oath  and  say  as  follows  : 

],  On  the  21st  day  of  July,  now  instant,  I  examined  the  book  at  the  Birkeiiheatl 
dockmaster's  office,  at  Birkenhead,  containing  a  list  of  all  vessels  which  enter  tbe 
Birkenhead  docks ;  and  I  found  in  such  book  an  eutry  of  a  vessel  described  as  No. 
290,  and  from  the  entries  in  the  said  book,  in  reference  to  such  vessel,  it  appears  that 
she  18  a  screw-steamer,  and  that  her  registered  tonnage  is  .'»00  tons,  and  that  JLitthew 
J,  Butcher  is  her  master. 

(Signed)  ALLEN  S.  CLARK. 

Sworn  before  me  at  the  custom-house,  Liveri>ool,  this  21st  dav  of  .Jnlv,  18t)2. 

(Signed)  S,  PRICE  flDWARDS,  Colhrhr. 

4. 

We,  Henry  Wilding,  of  Liverpool,  in  the  county  of  Lancaster,  gentleman,  aud 
Matthew  Maguire,  of  Liverpool,  aforesaid,  agent,  make  oath  aud  say  as  follows : 

1,  I,  the  said  Matthew  Maguire,  for  myself,  say  that  on  the  15th  day  of  July,  now 
instant,  I  took  Richard  Brogau,  whom  I  know  to  be  an  apprentice  working  in  the  sbip- 
bailding  yard  of  Messrs,  Laird  &  Co,,  at  Birkenhead,  to  the  above-named  depouent, 
Henry  Wilding,  at  his  residence  at  New  Brighton, 


CASE    OF    (iKKAT    I'.HITAIN. 


ai7 


2.  And  I,  till'  said  HtMiiy  Wilding,  for  myself,  say  as  follows:  I  am  tin-  vice-consul 
ofthfi  Uiutt'd  Sfatt's  of  North  Aini-iica  at  Livciiiool. 

3.  On  the  I'lth  day  of  .Inly,  now  instant,  I  saw  tlio,  said  Kichard  l?roii;an  and  exam- 
ined him  in  reference  to  a  ;iun-l>oat  which  I  had  heard  was  beiiijL^  bnilt  by  the  saiil 
Messrs.  Laird  iV-  Co.  for  the  so-called  confederate  jroverniiufnt,  and  the  saiil  Kieliard 
Iiro{;an  then  informed  me  that  the  said  vessel  was  bnilt  to  carry  four  guns  on  each 
sith^  and  four  swivel-guns;  that  Captain  l?nliock  had  at  one,  lime,  when  the  vessel  wa.s 
in  progress,  come«to  the  yard  almost  every  day  to  select  the  timber  to  be  used  for  the 
vessel.  That  the  said  Captain  ihdlock  was  to  be  the  cai»tain  of  the  said  vessel ;  an«l 
that  the  said  Captain  Bullock  had  asked  the  sai<l  Kichard  lirogan  to  go  as  cirpeiiter's 
mate  in  the  said  vessel  for  three  yeai.s,  which  the  said  liichard  Urogan  had  decdined  to 
(In,  bt!canse  Air.  Laird,  who  was  jiresent  at  the  time,  would  not  guari'utee  his  wages. 
That  the  said  vessel  was  to  carry  l'>(»  nn'ii,  and  that  :«•  able  seamen  were  already  cu- 
;;aged  for  her.  That  the  petty  t)t}icers  foi'  f  h"  said  vessel  were  t(»  be  engag(!d  for  three 
years,  and  the  seamen  for  tive  months.  That  the  said  vesscd  was  then  at  the  end  of 
file  new  warehouses  in  the  Hirkcnhcad  dock,  and  that  it  was  understood  she  was  to 
iiikt!  her  guns  on  board  at  Messrs.  Laird  jSL-  Co.'s  shed,  further  nj)  tlui  dock  ;  and  that  it 
was  generally  understood  by  the;  men  in  Messrs.  Laird  iV  Co.'s  yard  that  the  said  vessel 
was  being  built  for  the  confi'derat<!  government. 

4.  The  vessel  above  mentioned  is  the  same  which  is  now  known  as  No.  200,  and  I 
viTily  believe  that  the  sai'l  vi'ssel  is,  in  fact,  intended  t(»  be  used  as  a  privattH'r  or  vessel 
di'  war,  under  a  connnissioii  from  the  .so-callcil  confederate  government,  against  the 
I  nited  .States  (Joveniment. 

(Signed)  ir.  WTLDIXC. 

xMATTHEW  MAGUIHE. 

Sworn  before  me  ;it  the  enstmn-house,  Liverpool,  tbis'Jlst  davof.July,  ISti'J. 

(Signe.l)  S.  I'KICK  K])\VAKJ)8,  tW/rc/or. 

I,  Tiiomas  Haines  Oudlcy,  ol  No,  '.\  Wellesley  Terrace,  Trinci-'s  Park,  in  the  borough 
"i  Livcr]i(i(d,  in  the  county  of  Lancaster,  v»<\.,  being  one  of  the  peopU'  called  (inakers, 

iirtirm  and  say  as  follows  : 
[-0]       *I  am  the  eonsid  of  the  United  States  of  North  America  for  the  port  of  Liver- 
pool and  its  dt;pendencies, 

'i.  In  the  month  of  July,  in  the  year  l."*()l,  inf(|rnutti'>u  was  sent  by  tho  I'inted  States 
(iiivernnient  to  the  I'nited  .States  consulate  at  Liverpool,  that  a  Mr.  .lamesD.  JJullock,  of 
Savannah,  in  the  State  of  Georgia,  w  ho  wns  foi  nnrly  the  ii  asterof  an  American  steamer 
(ailed  the  Cahawba,  was  reported  to  have  left  the  United  States  f<u-  England,  taking 
with  him  a  credit  for  a  large  sum  of  money,  to  be  emi)loyed  in  litting  out  jjrivateers, 
ami  also  several  commissions  issued  by  the  .Southern  Confcdt-rate  States  for  such  priva- 
teers, find  in  the  month  of  August,  in  the  year  18til,  information  was  sent  by  ho 
I'oited  States  Governuient  to  the  United  States  consulate  at  Liverpool  th.nt  the 
said  Captain  Br.llock  was  then  residing  near  Liverpool  and  acting  as  the  agent  of  the 
said  Confederate  States  in  Liverpool  and  London. 

3.  Ill  accordance  with  instructions  received  from  the  Government  of  the  United  States, 
steps  have  been  taken  to  obtain  information  as  to  the  proceedings  and  movements  of 
the  said  James  D.  Bullock,  and  I  have  ascertained  the  following  circnmstances,  all  of 
which  I  verily  believe  to  be  true,  viz,  that  the  said  James  D.Bullock  is  in  constant 
t'oinninnicatiou  with  parties  in  Liverpool  who  are  known  to  be  connected  with  and 
acting  for  the  parties  who  have  assumed  the  government  of  the  Confederate  States. 
That  the  said  James  1).  Bullock,  after  remaining  for  some  time  in  England,  left  the 
country,  and  after  an  absence  of  several  weeks,  returned  to  Liverpool  in  the  month  of 
March  last,  from  Charleston,  in  the  State  of  South  Carolina,  one  of  the  seceded  States, 
in  a  screw-steamer  then  called  the  Annie  C'lilds,  which  had  broken  the  blockade  of  the 
port  of  Charleston  then  an  J  now  maintained  by  the  United  States  Navy,  and  which 
vessel,  the  Annie  Childs,  carried  the  flag  of  the  Confederate  States  as  she  came  up  the 
Mersey.  That  shortly  after  the  arrival  of  the  said  James  D.  Bullock  at  Liverpool  in 
the  Annie  Childs,  as  above  mentioned,  he  again  sailed  from  liiverpool  in  a  new  gun- 
lioat  called  the  Oreto,  built  at  Liverpool,  by  Messrs,  \V.  C.  Miller  &,  Sons,  ship-builders, 
and  completed  in  the  early  part  of  the  present  year,  and  which  gun-boat,  the  Oreto, 
though  she  cleated  from  Liverpool  for  Palermo  and  Jamaica,  in  reality  never  went  to 
those  places,  but  proceeded  to  Nassau,  New  Providence,  to  take  on  board  guns  and  arms 
with  a  view  to  her  being  used  as  a  privateer  or  vessel  of  war  under  a  commi.ssion  from 
the  so-called  confederate  government  against  the  Government  of  the  United  States,  and 
which  said  vessel,  the  Oreto,  ia  stated  to  have  been  lately  seized  at  Nassau  by  the  coni- 
inaiuler  of  Her  Majesty's  ship  Greyhound.  That  the  said  James  D,  Bullock  has  since 
returned  again  to  Liverpool,  and  that  before  he  left  Liverpool,  and  since  he  returned, 
lie  has  taken  an  active  part  in  superintending  the  building,  equipment,  and  fitting  out 
"f"  another  steam  gun-boat,  known  as  No,  290,  which  has  lately  been  launched  by 


m 


%':\ 


'  f 


m^ 


ii  '':  ! 


318 


TREATY    OF    WASHING!  ON. 


Messrs.  Laird  «fe  Co.  of  Birkenheud,  and  wliicl:  is  norr  lying,  as  I  am  iufonned  and 
believe,  ready  for  sea  in  the  Birkenhead  docks,  wit'u  a  large  quantity  of  provisions  and 
stores  and  thirty  men  on  board.  Tbiit  the  said  .Tames  D.  Bnllock  is  going  out  in  tho 
said  gun-boat  No.  290,  which  is  nominally  commanded  by  one  Matthew  8.  Butcher,  who 
I  am  informed,  is  well  acquainted  with  the  navigation  of  the  American  coast,  having 
"formerly  been  engaged  iu  the  coiistiug-trade  between  New  York,  Charleston,  and 
Nastiau. 

4.  From  the  circumstances  which  have  come  to  my  knowledge  I  vprily  believe  that 
the  said  gun-boat  No.  2iK)  is  being  equipped  and  lilted  out  as  a  privateer  or  vessel  of 
war  to  serve  under  a  commission  to  be  is.sned  by  the  government  of  the  so-called  Con- 
federate States,  aiid  that  the  said  vessel  will  be  employed  in  the  service  of  the  said 
Confederate  States  to  cruise  and  commit  hostilities  against  the  Government  and  peojdc 
of  the  Unite«l  States  of  North  America. 

(Signed)  THOMAS  H.  DUDLEY. 

Affirmed  and  taken  before  me  at  the  custom-house,  Liverpool,  this  21st  day  of  Julv 
18tJ2. 

(Signed)  S.  PKICE  EDWARDS, 

Collector. 
6. 


|: 


I,  Matthew  Maguire,  of  liiverpool,  agent,  make  oath  and  say  as  follows  : 

1.  I  know  Captain  J.  D.  Bullock,  who  is  commonly  reputed  to  be  the  agent  or  com 
niissioner  of  the  Confederate  States  of  America  at  Liverpool. 

2.  I  have  seen  the  said  J.  D.  Bullock  several  times  at  the  yard  of  Messrs.  Laird  A 
Co.  at  Birkenhead,  where  a  gun-boat  known  as  No.  !290  has  lately  been  built,  wLili' 
the  building  of  the  said  vessel  has  been  going  on. 

3.  On  the  '2d  day  of  July  now  instant,  1  saw  the  said  J.  D.  Bullock  on  board  the  said 
vessel  in  Messrs.  Laird  &  Co.'s  yard  ;  he  appeared  to  be  giving  orders  to  the  workmen 
who  were  employed  about  such  vessel. 


(Signed) 


MATTHEW  MAGI  IHE. 


Sworn  before  me  at  the  custom-house,  Liverpool,  this  21st  dav  of  ,Tulv.  1K()'3. 
(Signed)  S.  BKICE  EDWAHDS, 

,  Collector. 

The  abov'e  depositions  were  referred,  as  soon  as  they  were  received,  to 
the  assistant  solicitor  and  solicitor  of  customs,  who  on  the  same  day 
reported  as  follows  :^ 


(90]        *  Iteporls  of  the  asxhtaiit  solicitor  and  nolicitor  of  viixtoma,  referred  to  in  the  prcmh 

inij  letter. 

In  my  opinion  there  is  not  snflttcient  evidence  in  this  case  to  justify  the  detention  of 
the  vessel,  ixuder  the  SUtli  George  III,  c.  (59.  The  only  affidavit  that  professes  to  },nve 
•anything  like  positive  evidence  is  that  of  tlie  seaman  I'assmore;  but,  assuming  all  lie 
states  to  be  true,  what  occurred  between  the  reputed  master  (Butcher)  and  himself 
Avould  not  warrant  a  detention  under  section  6,  nor  support  an  information  for  the 
penalty  under  that  section.  Nor  do  I  think,  however  probable  it  may  seem  that  tiie 
vesvsel  is  fitted  out  for  the  military  operations  mentioned,  that  suiiicient  evidence  has 
been  adduced  to  entitle  the  applicants  to  the  interference  of  the  collector  of  customs 
at  Liverpool.  The  only  justifiable  grounds  of  seizure  under  section  7  of  the  act  would 
be  the  production  of  such  evidence  of  the  fact  as  would  support  an  indictment  for  the 
misdemeanor  under  that  section. 

(Signed)  J.  O'DOWD. 

Customs,  July  22,  18fi2. 

I  entirely  concur  with  Mr.  O'Dowd  in  opinion  that  there  is  not  sufficient  evidence 
to  warrant  the  seizure  or  detention  of  the  ship  by  tlie  officers  of  customs.  There  ap- 
pears to  be  some  evidence  of  enlistment  of  individuals,  aiul  if  that  were  sufficient  t" 
satisfy  a  court,  thoy  would  be  liable  to  pecuniary  penalties,  for  security  of  wliich,  ii 
recovered,  the  customs  might  detain  the  ship  until  those  penalties  were  satisfied,  or 
good  bail  given  ;  but  there  is  not  evidence  enough  of  enlistment  to  call  upon  the 
customs  to  prosecute.  The  United  States  consul  or  any  other  person  may  do  so  at  thuiv 
own  risk,  if  they  see  fit. 

(Signed)  F.  J.  HAMEL. 

July  22,  1862. 


1  Appendix,  vol.  i,  p.  192. 


CASE    OF    GREAT    BRITAIN. 


a  19 


tn 


In  accordance  with  these  reports  the  commissioners  of  customs,  on 
tlie  same  22d  July,  1SG2,  wrote  to  the  collector  as  follows  :' 

The  commixsionrrx  of  cmlomH  to  the  collector  of  customs,  Liverpool. 

London-,  July  "22,  IS&2. 

Sir.:  Having  coiisidtTcd  your  report  of  the  21.st  instant,  stating  with  reference  fo 
previous  correspondence  which  has  taken  place  on  the  subject  of  a  gun-boat  which  is 
being  tittert  out  by  Messrs.  Lainl,  of  Hirkenhead,  tliat  tlie  United  .States  (<Msul,acconi- 
paiiifd  by  his  solicitor,  has  attended  at  the  custoni-honse  with  certain  witnesses,  whose 
affidavits  you  have  taken  and  have  submitted  for  our  consiilcration,  and  lias  requested 
that  the  vessel  may  bo  seized,  under  the  provisions  of  the  foreign-enlistment  act,  upon 
the  ground  that  the  evidence  adduce<l  affords  proof  that  she  is  being  titted  out  for  the 
goveriinient  of  the  Confederate  States  of  America — 

We  acquaint  you  that  we  have  comniuuicated  with  our  solicitor  on  the  subject,  who 
has  advised  us  that  the  evidence  submitted  is  not  sutlicieut  to  justily  any  steps  being 
Uken  against  the  vessel  under  eitiier  the  sixth  or  seventh  section  of  act  59  George  111, 
tap.  69,  and  you  are  to  go  sera  yourself  accordingly. 

The  solicitor  ha.s,  however,  stated  that  if  there  should  be  siillicient  evidence  to  satisfy 
,1  court  of  enlistment  of  individuals,  they  would  be  liable  to  pecMuiary  penalties,  lor 
Hcciuity  of  which,  if  recovered,  this  department  iniglit  detain  the  ship  until  those  pen- 
alties are  satistied,  or  good  bail  given  ;  but  there  is  not  sutlicieut  evidence  to  reciuire 
the  customs  to  jirosecute  ;  it  is,  however,  competent  for  the  United  States  consul  or  any 
other  person  to  i<o  so  at  their  own  risk,  if  thev  see  tit. 

(Signed)  T.  F.  FRKMANTLE, 

U.  C.  L.  BERKELEY. 

On  the  same  day,  the  papers  were  transmitted  by  order  of  the  com- 
iiiis.sioners  of  customs  to  the  treasury,  with  a  covering  letter,  which  was 
as  follows  :- 


J/c.  Gardnir  to  Mr.  Hamilton. 

Cu.sTOM-Housi:,  Jul,/ 22.  18G2. 

SiK :  V.  ith  reference  to  the  report  of  this  board  of  the  1st  instant,  respc'tiug  a  vessel 
I'lttiiig  out  at  Liverpool,  w  liich  it  is  stated  is  intended  to  bo  used  as  a  juivateer  by  tho 
so-called  Confederate  States  of  America — 

1  am  directed  to  state  that  tho  board  have  this  d.ay  received  a  report  from  their  col- 
lector at  Liverpool,  inclosing  atUdavits  which  have  l)een  made  before  him  with  a  view 
to  the  detention  of  tho  vessel ;  and  in  transmitting  to  you,  by  desire  of  the  board,  tho 
ftccouipany  ing  copy  of  the  collector's  report,  with  the  atlidavits  referred  to,  I  Jitu  to  state 
that  the  board  having  communicated  with  their  solicitor,  are  advised  that  the  evidence 
is  not  suflicieut  to  justify  any  steps  being  taken  against  the  vessel  under  either  tho 
sixth  or  seventh  sectiou  of  the  act  59  George  III,  cap.  69,  and  they  have  apprised  the  col- 
lector at  Liverpool  accordingly,  informing  him  at  the  same  time  that  tho  solicitor  has 
also  stated  that  if  there  should  bo  sutTicient  evidence  to  satisfy  a  court  of  the  enlist- 
ment of  individuals,  they  would  be  liable  to  pecuniary  penalties,  for  security  of  which, 
if  recovered,  the  customs  might  detain  the  ship  until  those  penalties  are  satistied,  or 
j;')od  bail  given ;  but  that  there  is  not  evidence  euough  of  enlistment  to  call  upon  tho 
eustouis  to  prosecute,  although  the  United  States  cousul,  or  any  other  person,  may  do 

80  at  their     vu  risk,  if  they  see  tit. 
['Jl)         *I  am,  however,  to  submit,  should  the  lords  commissioners  of  Her  Majesty's 

treasury  have  any  doubt  upcm  tho  subject,  whether  it  may  not  be  advisable  that 
the  opiniou  of  tho  law-officers  of  the  Crown  should  bo  taken. 

I  am,  &c., 

(Signed)  J.  G.  GARDNER. 

The  secretary  to  the  treasury,  on  receiving  the  ])apers,  sent  them  itn- 
inedijitely  to  Mr.  Layard,  one  of  the  undersecretaries  of  state  for  the 
foreign  department,  with  an  unofficial  letter,  which  was  as  follows  :^ 

Mr.  Hamilton  to  Mr.  Layard. 

TitEASURY,  July  '22,  1802. 
Mv  Deak  Mr.  Layaro  :  As  the  comtnuaication  may  be  considered  pressing,  I  send  it 
to  .\  ou  unofficially  to  save  time.    Perhaps  yon  will  ascertain  from  Lord  Russell  whether 


■XM 


'Appendix,  vol.  i,  p.  192. 


sibid,  p.  188. 


320 


TUKATY    OF    \VA.SniN(!TON. 


!iii 


it  inliis  wisli  thai  we  Nliinild  taUi'  tlic  o|iiui<)n  of  tlie  law-otlitcrs  as  to  tlit;  ca^i'  ni'  tliis 
V(i«sfl.     It  is  Htat'd  fliiit  sin;  is  nearly  ready  for  sea. 

Sincerely  y')iir.s, 

(Signed)  GKO.  A.  IIA.MU/rox. 

The  i)i)peis  thus  .sent  were  received  at  the  loreij^ii  ottiee  on  the  2.'](l 
July,  1S<L*,  and  were,  on  the  sanie  (hiy,  referred  to  the  Uiw-olUeers  of  the 
Crown,  with  the  following  letter:  ' 

Mr.  L(\yai\l  tulln  la(c-o£icirx  of  tho  Crown. 

[lumiediate.]  FouKUiN  Oi'I'Ick,  July'i'i,  IdlW. 

Gksti.f.MKN  :  With  refereiiee  to  your  rc])ort  of  the  liflth  ultimo,  I  aindire<;ted  hy  Eiiil 
KnN.s«dl  to  transmit  to  you  the  accompany in<j  paperH,  which  liave  been  rec(Mve<l  by  the 
board  of  treasiiiy  from  the  rommissioiu'rs  of  c»i«tom(j,  containiiifi  further  information 
rcHi»!ctiiis  the  vesHel  alh^f^ed  to  be  tittiufj  <uit,  at  LiveriMxd  for  the  .servi(?e  of  the  so- 
called  Confederate  States;  and  I  am  to  reipiest  that  yon  will  take  the  same  Into  yoiii 
consideration,  and  tavor  J^oid  lius.sell  at  your  earliest  convonieue<i  with  your  ojiinidii 
thereupon. 
The  former  ])aperH  on  this  subject  are  inclosed  for  referem-e  if  r(;(|uire<l. 

I  am,  iVc, 

(Signed)  A.  If.  J. AVAR]). 

It  will  haves  been  .seen  from  the  al)ove  .statement  that  the  evidence 
laid  by  Mr.  Dudley  before  the  collector  of  custom.s  at  Liverpool  on  the 
ULst  July  was  on  the  same  day  s<Mit  to  London,  on  the  foUowinj;"  day  (the 
lil!d)  referred  to  the  otheial  advisers  of  the  customs  dej)artm(Mit  and 
reported  on  by  tliem,  and  on  the  l'M\  referred  to  the  law-ofticers  of  the 
Crown. 

Of  the  six  dej>ositions  one  only  (that  of  Passmore)  contained  aiiv 
evidence  which  was  at  once  nmteiial  to  the  (pu'stion  and  legally  ad 
niissible.  To  rely  on  evidence  of  this  kind  i)ro('eeding  from  a  single 
witness,  without  more  corroboration  or  without  iinpury  into  his  ante- 
cedents, would,  according  to  Engli-sh  judicial  experience,  have  been 
very  unsafe  in  a  ca.se  of  this  nature.  Of  the  contents  of  the  tive  others 
the  greater  part  was  merely  hearsay  and  not  admissible  as  evidence; 
and  they  lurnish  grounds  of  suspicion,  but  not  sutticieut  grounds  for 
belief. 

Copies  of  the  depositions  were  also,  on  the  22d,  sent  by  ^Ir.  Adams  to 
Earl  Kussell,  with  the  following  note : ' 

Mr,  Adams  lo  Earl  liunHell. 


Legation  ok  thk  UNrrno  Statks, 

Loudon,  July  'Z2,  1862. 

My  Lokd  :  I  have  the  bonor  to  trau8init  copies  of  six  depositious  taken  at  Livi-r- 
pool,  tending;  to  establish  the  character  and  destiuation  of  the  vessel  to  wliich  I  called 
your  lordship's  attention  in  ray  note  of  the  23d  of  June  last. 

The  orijriuals  of  these  papers  have  already  been  submitted  to  the  collector  of  the 
customs  at  that  port,  in  accordance  with  the  suggestions  made  in  your  lordship's  note 
to  me  of  tli«  4tb  of  July,  as  the  basis  of  an  application  to  him  to  act  under  the  powers 
conferred  by  the  enlistment  act.  But  I  feel  it  to  be  my  duty  further  to  communicate 
the  facts  as  there  alleged  to  Her  Majesty's  government,  and  to  request  that  such 
further  proceedings  may  be  had  as  may  carry  into  full  effect  the  determination  which 
I  doubt  not  it  ever  entertains  to  prevent,  by  all  lawful  means,  the  iitting  out  of  hostile 
expeditions  against  the  government  of  a  country  with  which  it  is  at  peace. 
I  avail,  &.C., 
(Signed)  CHARLES  FRANCIS  ADAMS. 

On    .je  23d  July  two  additional  depositions  were  sent  by  Mr. 
[92]      A.  T  Sqnarey,  of  *Liverpool,  a  solicitor  employed  by  Mr.  Dudley, 
to  the  board  of  customs,  with  the  following  letter:''' 


'Appendix,  vol.  i,  p.  193. 


-  ibid.,  p.  194. 


CASE    OF   GREAT   BRITAIX. 


321 


Air.  Sqimrey  to  Mr.  Clorihier, 

Tavistock  IToTKr,,  Covknt  riAin>KK, 

Loudon,  July  2'.\,  l>*tJ2. 
Sih:  RcftiiTiiig  to  au  application  which  I  uiado  on  beluilf  of  tho  United  States 
(ioviiiiiiiciit,  iui(h'i'  tho  instriictioiis  of  tlieir  consul  at  Liverpool,  to  the  collector  of 
iiist(>:n-<  iit  Liverpool,  on  Monday  last,  for  tin!  detention,  under  tlu^  i)rovit»i()ns  of  the 
;ut  ')'.)  (leinjje  III,  cap.  f)0,  of  a  steam  ;;;un-l>oat  hnilt  by  ^Iessrs.  Laird  iV  Co.,  at  liirken- 
lit'iid,  anil  which  tliLM'e  is  no  d<)nl»t  is  intended  for  the  ConftMlerate  States,  to  be  used  as 
uvessi'lof  war  aj^ainst  the  L'^uited  States  (iovernnieiit,  I  bci;-  now  to  inchtse  two  alli- 
(liivits  wiiieh  reached  nio  this  uiorninj;  from  Livc^rpool ;  one  made  by  Robert  John  Tay- 
lor, and  tlu^  othi'r  by  Edward  lioberts,  and  which  furnish  additioiuil  proof  (d"  the  char- 
acter of  the  vessel  in  (inestion, 

I  also  inclose  a  case  which  has  been  submitted  to  Mr.  Collier,  Q.  C,  with  his  opinion 
tlicreon.  I  learnt  this  mornin;f  (Vom  Mr.  O'Dowd  that  instinctions  were  forwarded 
vestcrday  to  tho  collector  at  Liverpool  not  to  exercise  the  powers  (d'  tho  act  in  this 
instance,  it  beiuj^  considered  that  the  facts  ilisclosed  in  the  allidavits  nuulo  befort;  him 
were  not  sulUcient  to  justify  the  collector  in  sei/,in<;  t!ie  vessel.  On  behalf  cd"  the 
(iovcrniaent  of  the  United  States  I  now  respectfully  reipiest  that  this  matter,  which  I 
iitM'd  uiitiioint  out  to  you  involves  conse(|UtMices  of  the  f;ravest  i>ossibl(;  descriittion,  iiuiy 
lio  ((insidered  by  the  lioard  of  (Mistoms  on  tlu^  further  evidence  now  addni'iMl,  The  K""- 
linat  now  lii;s  in  the  IJirktMdieail  docks,  ready  ftu'  sea  in  all  respects,  with  a  crew  of 
lilty  men  on  board;  she  may  sail  at  any  time,  and  I  trust  that  tlu;  nrj^eucy  of  tho  case 
will  excuse  the  (H>urse  I  have  adoi)ted  of  seudiufr  thes(*  papers  direct  to  the  board 
instead  of  transmittiujj;  them  thronj^h  the  c(dleetor  at  Liverpixd,  and  the  recjnest  whicli 
Iimw  venture  to  unike,  that  the  matter  may  receive  imniediato  attention. 

I  have,  &.C., 

(Si^nied)  A.  T.  St^UAlJEY. 


The  two  atlditioiial  depositions  wore  as  follows : 


DKPosrnox.s. 


1. 


I.Edward  RiduM'ts,  of  Xo.  (>  Vere  street,  Toxtctli  Park,  in  the  county  of  Lam-astor. 
>liili-car[H'iiter,  make  oath  and  say  as  follows  : 

1.  I  am  a  ship-carpenter,  iind  have  biM.ni  at  sea  for  about  four  years  in  that  capacity. 

'i.  Aliout  the  i»e^iniung  of  ,fani^  last  I  had  been  out  ol'(>nipl<>y  for  about  two  months, 
and  lieiiriii;f  that  there  was  a  vessel  in  Messi's.  Laird  «fc  Co.'s  yard  littinj^  out  to  run 
the  l)l()cka<hs  I  applied  to  Mr.  Harnett,  shippin<;-master,  to  j^et  nn;  shipped  on  l)oard 
tlie  said  vessel. 

li.  On  Thursday,  the  IDth  day  of  .June  last,  I  went  to  tho  said  Mr,  Harnett's  oiflce, 
No,  U  Hanover  street,  Liverp.)ol,  in  tin-,  county  of  Lancaster,  ami  was  enj'aj'ed  for  tho 
•<ai(l  vessel  as  carpenter's  mate.  Hy  the  direction  of  the  said  Mr.  Harnett  I  met  Captain 
Hiitclier  the  same  day  on  the  (ieorge's  laudiujr-staf^o,  and  followed  him  to  ^lessrs.  Lairtl 
ifc  Co.'s  shi|)-bnildin<i;  yard,  and  on  bi>ard  a  vessel  lyinj^  there.  The  said  Captain 
Butcher  si»oke  to  tho  boatswain  about  nn^,  and  I  receivinl  my  onhns  from  the  said 
'luatswain.  At  dinner-time  the  said  day,  as  I  left  the  yard,  the  };ate-man  asked  me  if 
I  was  '•  j;oinjf  to  work  on  that  <jun-boat ; "'  to  which  I  rei)lied,  *'  Ves."' 

4,  Tlie  saul  vessel  is  now  lying  in  the  Hirk(!uhead  lloat,  and  is  known  by  the  name 
No.  2!tH.  The  said  vessLd  has  coal  ami  stores  on  board.  Tiie  said  vessel  is  pierei-d  for 
gUMs,  I  think  four  on  a  side,  anil  a  .swiv(d-gun.  The  said  vessel  is  litted  with  shot 
anil  uaiuster  racks,  and  has  a  magazine.  Tin^re  are  about  hfry  nuni,  all  told,  now  on 
board  the  said  vessel.  It  is  generally  understood  on  board  of  the  said  vessel  that  she 
is  j(oing  to  Nassau  for  the  southern  goverunuMit. 

0,  I  know  Cai)taiu  Bullock  by  sight,  and  have  .seen  him  on  board  of  the  said  vessel 
rive  or  s'x  times;  I  have  seen  him  go  round  the  said  vessel  with  Captain  Hutcher.  I 
umlcrstood,  iioth  at  Messrs.  Laird  &  Co.'s  yard  and  iilso  on  board  the  said  vessel,  that 
tilt!  said  Captain  Pnllock  was  the  owner  of  the  said  vessel. 

li.  I  have  been  working  on  board  the  said  ve.'isel  from  the  19th  day  of  .June  last  up 
to  the  present  time,  with  wages  at  tho  rate  of  £(5  per  month,  payable  weekly.  I  have 
sifjrieil  no  articles  of  agreement.  The  talk  on  board  is  that  an  agreement  will  be  8igne<l 
hefore  sailing. 

(Signed)  EDWARD  ROBERTS. 

Sworn  at  Liverpool,  in  the  county  of  Lancaster,  this  22d  day  of  July,  1862,  before  me, 
(Signed)  \VM.  BROWN, 

Justice  of  the  Peace  for  Lancashire  and  Liverpool, 
21  A 


ill)  W-' 


322 


TREATY    OF    WASHINUTON. 


8. 


I,  Uohorf.  John  Taylor,  of  I»i.,.)ih',  but  at  presout  roiiiiiiiiiiij;  toinporarily  ut  Livirnodl, 
inariiiiT,  iiiako  oath  aii<1  say  as  foUows  : 

1.  1  am  a  iiativtt  of  London,  and  -11  years  of  ajje.     From  fourteen  years  upwiml  i 

havefolhiwed  theseu.    I>nriiij;  the  hist  fifteen  yiNirs  I  have  been  Iivin;j  in  IlieCnii- 

[y:i]     federate  States  of  America,  "principally  at  Savannah  and  MoliiJe,  and  since  tlif 

secession  niovtiment  I  hav«!  been  enj;a;;eil  in  running  tho  blockade.     I  have  run 

tliR  blockade  six  tinu-s  and  been  captured  once. 

'2.  The  vessels  in  whicii  I  liave  been  engaged  in  running  the  blockade  have  sailed 
from  Moliilc.  and  have  gone  to  Havana  and  New  Orleans.  I  am  well  ae(|uainted  witli 
tho  whole  of  tht!  coast  of  the  Confederate  States,  as  I  have  been  principally  en'Mi'td 
Bince  1847  in  trading  to  ami  from  the  (iiilf  jxirts. 

3.  I  canu'  to  England  after  my  release  from  Fort  Warren,  on  the  UDth  of  May  hist.  1 
canu>  hert)  with  tho  intention  of  going  to  tho  Southern  Siato-s,  as  I  could  not  get  thir? 
from  lio.sron. 

4.  Mr.  Uickarby.of  Liverpocd,  a  brother  of  tho  owner,  at  Mobile,  of  the  vtsstl  in 
which  I  wascaptined  when  attempting  to  run  tho  blockade,  gave  nu)  instructions  t» 
go  to  Captain  Kutchcr,  at  F^aird's  yard,  Hirkenhead.  I  had  previously  called  mi  Mr. 
Kickarby,  and  told  him  that  I  wanted  to  go  South,  as  the  Northerners  had  roblied  iiiu 
of  my  clothes  when  I  was  captured,  and  I  wanted  to  hav(^  satisfaction. 

.').  I  first  saw  Cajjtain  Butcher  at  one  of  Mr.  Laird's  ofHces  last  Thursday  fortni^lit. 
(namely,  the  :{d  of  July  last.)  I  told  him  that  I  had  been  sent  by  Mr.  Hickariiy,  and 
asked  him  if  he  were  the  captain  of  the  vessel  which  was  lying  in  the  dock.  I  t<d(l 
him  that  I  was  one  of  the  men  that  had  been  cajif  ured  in  one  of  Mr.  Rickarby'.s  vessels, 
and  that  I  wanted  to  get  South  in  order  to  have  retaliation  of  tho  Xorthemers  fdi 
robbing  mo  of  my  clothes,  lie  said  that  if  I  went  with  him  in  his  vessel  I  .should  virv 
shortly  have  that  opportunity. 

(!.  ('aptain  IJiitcher  asked  mo  at  tho  interview  if  I  was  well  acquainte>^.  with  the 
Gulf  ])orts,  and  I  told  him  I  was.  I  asked  him  what  jxnt  he  was  going  to,  and  lie  re- 
])lied  that  he  couhl  not  tell  me  then,  but  that  there  would  b»)  an  agri-emeiit  made  lie- 
foro  we  left  for  sea.  I  iiKiuired  as  to  the  rate  of  wages,  and  I  was  to  get  jL'4  UN.  per 
month,  payable  weekly. 

7.  I  then  inquired  if  I  might  consider  myself  engaged,  and  ho  replied,  yes.  and  that 
I  nught  go  on  board  tln^  next  day,  which  I  accordingly  did  ;  and  I  have  been  woikiui,' 
on  board  up  to  last  Saturday  night. 

8.  1  was  at  tho  siege  of  Acn>  in  1840,  in  Her  Majesty's  frigate  rique,  Cajitain  lid- 
ward  Hoxer,  and  served  on  board  for  nine  months.  Captain  Uutcher's  ship  is  pierced 
for  eight  broadsidi;  guns  and  four  swivels  or  long-toms.  Her  magazine  is  ci.iiiplite. 
and  she  is  fitted  up  in  all  respects  as  a  inan<d'-war,  without  her  anununitioii.  She  is 
now  chock-full  of  coals,  and  has,  in  addition  to  thoso  iu  tho  hold,  somo  thirty  tons  ou 
dock. 

9.  Olio  day,  whilst  engaged  in  heaving  uj)  some  of  the  machinery,  we  were  singinira 
song,  as  seanuMi  generally  do,  when  the  boatswain  told  us  to  stop  that,  as  the  ship  was 
notu  nuuchant-ship  but  a  man-of-war. 

(Signed)  '    KOBEKT  JOHN  TAYLOR. 

Sworn  at  Liverpool,  in  the  county  of  Lancaster,  this  22d  day  of  July,  18(!'i,  before 
me. 

(Signed)  W,  J.  LAMPORT. 

Justice  of  the  Peace  for  Linrpool. 

The  case  find  opinion  wliicli,  togethor  with  the  additional  deposi- 
tions, were  mentioned  and  inclosed  in  Mr.  Squarey's  letter,  were  as  fol- 
lows :^ 

Case  submitted  to  Mr.  Collier,  Q,  C,  and  his  opinion  thereon. 

Yon  will  receive,  herewith,  copies  of  the  following  aflfidavita  in  reforenco  to  a  gun- 
boat known  as  No.  290,  which  was  built  by  Messrs.  Laird  &  Co.  at  Birkenhead,  as  it  is 
bclieve<l,  for  the  Confederate  States  of  America,  ami  which  is  now  lying  ready  tor  sea 
in  all  respects  in  tho  Birkenhead  docks:  No.  1.  Afiirmation  of  T.  H.  Dudlev;  No. 
2.  Affidavit  of  J.  do  Costa;  No.  '.i.  Affidavit  of  Mr.  JIaguire;  No.  4.  Affidavit  of  H."  Wild- 
ing and  AL  Maguire;  No.  .'>.  Affidavit  of  A.  S.  Clare  ;  No.  6.  Affidavit  of  William  Pass- 
more;  No.  7.  Affidavit  of  Edward  Roberts;  No.  8.  Affidavit  of  Robert  John  Taylor. 
An  application  has  been  made,  on  tho  affidavits  Nos.  1  to  6  inclusive,  to  the  collector  of 
cnstcnns  at  Liverpool,  to  «lotain  the  vessel  nnder  tho  jn'ovisions  of  the  act  59  Geo.  Ill, 
cap.  69;  but,  under  the  advice  of  the  solicitors  to  the  customs,  the  board  have  de- 
clined to  sfiuctiou  the  detention  of  tho  vessel. 


H>|rT  , 


*  Appendix,  vol.  i,  p.  196. 


CASE    OF   GREAT    BUITAIN. 


323 


Yon  lire  requested  to  ndvise  tlie  comhuI  f(»r  tlie  TTiiited  StatcN  lit  Liverpool  wlietlier 
the  atliiliivits  now  Hiiliiniltcd  lo  yoii  would  diselose  factN  which  would  jiiwtiCy  thu  col- 
iecti>r  <if  <iislotns  iu  tletiiiniiij;  tiic  vessel  under  tln!  ael  in  <iuu,ition. 

Jli.Y  -S.i,  Irill-J. 

Ophiioii. 

I  liiive  ]ii'rii  (1  tlie  aliove  atVidavits,  and  1  nni  of  opinion  that  tlie  ecdleetor  of  eus- 
tdiii:'  '.tonid  l)e  justified  in  detaining  the  vessel.  Indeed,  I  should  think  it  his  duty  to 
detain  her;  and  that  it',  alter  tlu^  a)i]dieation  which  has  heen  nuule  to  him,  suiiporte<l 
liy  tin-  e\  iilence  which  lias  lieen  laid  liet'ore  me,  he  allows  tlu^  vessel  to  h-avt"  Liverpool, 
111' will  incur  a,  hiav.v  respoiisiliility,  a  respoiisihility  of  which  the  hoard  of  eiisioins, 
mider  whose  directions  he-  appears  to  Ito  actiu;;,  must  take  their  share. 

It  a))pcars  dillieult  to  make  out  a  stronj^er  case,  of  infrin;;emeiit  of  the  foreij;n-en- 
listiiieiit  act,  which,  if  not  enforced  on  this  occasion,  is  little  hetter  than  a  dead  letter. 

It  well  de^'rvcs  consideration  whether,  if  the  vessel  be  allowed  to  escape,  the  Fed- 
eral tiiiverninent  would  not  have  serious  grounds  of  renionstrance. 

(Si^rned)  K.  P.  COLLI Kli. 

Tk.mi'i.i;,  -/(//i/y:!,  lHii'.i. 

[114]         *TIk'  ciisi',  iuul  opinion,  tojjotlior  with  the  additional  drposi- 
tioiis,  were  ivIVned  to  the  assistant  solicitor  of  customs,  who  ou 
the  same  day  reported  as  follows:' 

I  have  rearl  the  additional  evidence,  and  I  do  not  think  that  it  nuiterially  streufitliens 
tlie  case  of  th(^  apiilicants.  As  re^jards  the  opinion  of  Mr.  Collier,  I  cannot  concur  in 
jiis  views;  hut,  advertin;:;  to  the  hi<;h  clniraeter  which  he  hears  in  his  jirofession,  I 
hiihiiiit  that  the  hoard  mijiht  act  Judiciously  in  recommending  the  lords  of  the  treasury 
to  take  the  oi>iuioa  of  the  law-otMcers  of  the  Crown. 

(Signed)  J.  O'DOWD. 

Jllv  2;t,  IHt)^. 

Mr.  Squarey\s  letter,  with  the  additional  depositions  and  the  ca.se  and 
opinion,  were  on  the  same  23d  July  sent  by  the  board  of  customs  to  the 
treasury  with  a  su<;oestion  that  the  oi)iuiou  of  the  law-oHicers  of  the 
Crown  should  be  taken  on  the  matter.  As  soon  as  received  at  the  treas- 
ury they  were  sent  unotUciallj'  to  Mr.  Layard,  who  was  at  the  time  in 
tlie  ll()us(!  of  Commons.  Mr.  Layard,  after  communicatiuft'  with  Earl 
llusseil,  sent  them  at  once,  by  his  (Earl  liussell's)  instructions,  to  the 
lawoffieers  of  the  Crown,  with  the  following  letter:' 

Mr.  Layard  to  the  law-officers  of  the  Crowu. 

FonEiGX  Offick,  July  23,  18G2. 
Gkxtlkmi.x  :  With  reference  to  my  letter  of  this  niornin}>',  sendinjf  to  you  papers 
leHpeetiiij!;  the  vessel  stated  to  be  iireparing  for  sea  at  IJirkenhead  for  the  scrvict;  of  the 
^jovernniciit  of  the  so-styled  Confederate  States  of  North  America,  I  am  directed  !>v  Earl 
Knssell  to  transmit  to  you  a  further  letter  from  tin  commissioners  of  customs,  iiielos'.ug 
ii(Ulitii)iial  papers  respt'('tin<;-  this  vessel;  antl  I  am  to  rcfpiest  that  you  will  take  '.tieso 
paiieiij  into  your  consideration,  and  favor  Lord  Knssell  at  your  earliest  coi>venience 
with  your  opinion  as  to  the  steps  which  ouyht  to  be  taken  by  Her  Majesty's  yoverii- 
nieut  ill  the  uiatter. 

I  am,  &c., 

(.Signed)  A.  II.  LAYARD. 

('opies  of  the  pai)ers  sent  by  Mr.  Sqnarey  were  on  the  2Gth  July  re- 
ceived by  Earl  llussell  from  Mr.  Adams,  together  with  the  following 

letter:' 

Mr.  Adams  to  Earl  Bunsell. 

Legation  of  the  United  States, 

London,  July  24,  1862, 
My  Lord  :  In  order  that  I  may  conipleto  the  evidence  in  the  case  of  the  vessel  now 
fitting  out  at  Liverpool,  I  have  the  houor  to  submit  to  your  lordship's  cousideratiou  the 
copies  of  two  more  depositions  taken  respecting  that  subject. 

1  Appendix,  vol.  i,  p.  1U7. 


II 


'l^i 


.'$24 


TRKATV    OF    WARIIIXOTOX. 


I 


Li. 


Ill  llif  view  wliicli  F  liavo  fiiki'ii  of  tliis  cxtriiordimiry  pnicfi'diiiK  ns  !i  \  i<iliitioii  oi 
thi«  <-iilistiiii'nt  iK'f,  1  iiin  liii])|),v  to  liiiil  inysrll'  Miistiiin<>il  liy  llic  u|iinioii  of  tm  iiiiiiiiiii 
luwyi'i'  of  (iri'iit  liritiiiii,  a  copy  of  wliirh  I  *lo  myself  tli)>  lionor  likt-wisr  to  ti'iiiiMtnlt. 
h'fiicwiiijr,  «.V(^, 
(Sijriif.l)  CIIAJMJ'.S  ri.'ANCI.S  ADAMS. 

On  the  L'.">tli  .Inly  a  Inrtlicr  dciiosition  was  received  liy  the  Itoiiid  o| 
enstonis  lnun  Mr.  S(|narey,  referred  to  the  assistnnt  solicitor  of  ciistdiiis. 
and  transmitted  to  the  tr«'asnry;  Ironi  whence  on  Satnrday,  the  LMltli  of 
.Inly,  it  was  sent  to  the  toreijiii  otlice,  ami  was  on  the  same  <lay  icrcncd 
to  the  liiW ollicers  of  the  Ci'own,  with  a  H'<|nest  that  they  would  take  it 
into  consideration,  to;;«'llier  with  the  other  [>ai)ers  then  Viefore  tln'in 
relatino'  to  the  same  snltject. 

This  farther  deposiiioi)  was  as  follows:' 

Affidavit  of  Hi  Hill  liiihhn. 

I.  lli'iiry  Kfddt'ii,  of  HofiU  sfrt'ct,  Livcrjiool,  in  tln'  comity  of  Liincastcr,  sciinijiii, 
make  rfitli  ami  say  as  follows: 

1.  1  am  a  scamai).  ami  lia\c  followed  the  sea  for  lifteen  years.  1  have  been  IkpiiI- 
Hwaiii  on  lioard  both  steamers  and  sailing-vessels,  and  belong;  to  the  naval  reserve. 

y.  About  six  weeks  aj;()  1  was  enna^iecl  liy  Captain  Mntcher  (with  whom  J  liiive)>ic- 
vionsly  sailed)  as  boatswain  on  board  a  vessel  then  in  Messrs.  I.aird  iV  C'o.'s  .>>iii|i- 
bnildina:  yard,  bill  now  lyiii;;' in  the  I>irk<'nhead  lloat,  and  known  by  the  name  NO, 
ySK».  'I'he  said  Captain  Ibitcher  otfered  me  Jt'tO  jier  month,  and  said  an  aurceiiii'tii 
shonld  be  si>;iied  when  we  <;ot  outside.  Ilo  told  me  that  we  should  have  plenty  ot' 
money  when  we  ij;ot   home,  as  we  were  j;oin;;'  to  the  Soiitiieni  States  on  a  .speciilutioii 

to  try  and  jfet  some. 
[()")]  *'  1$.  'J'lie  crew  now  cm  hoard  tlic  said  vessel  consists  of  about  forty  men.  but  1 
believe  that  she  will  take  to  sea  about  one  hnndred  men.  all  tidtl.  It  is  jjcnci- 
ally  understood  cm  board  that  slw  will  cleai'  for  Nassan,  but  not  make  tliat  imrt.  Tln' 
.said  vessel  has  all  her  stores  and  coals  on  lioard  ready  for  sea.  She  is  litted  in  all  rr- 
speets  ;is  a  man-of-war,  to  carry  six  broadside-iftins  and  four  jiivots.  but  has  iiofiniisin 
ammnnitinn  on  board  as  yet.  'J'he  rules  on  board  are  similar  to  those  in  use  on  a  iiiiin- 
of-war,  and  the  men  are  not  allowed  to  sinjj;  as  they  do  <in  a  nierchantman.  Tlie(';ill 
is  used  on  board.     'J'he  said  vessel  is  of  about  l.ldO  tons  burden. 

4.  1  know  Cai>tain  tbiUock.  lie  has  been  sniterintendin<>  tin'  biiildiiifj;  of  tla^  s;ii(l 
vessel  in  Atessrs.  I^aiid  iV  Co.'s  yard,  and  is,  1  belit've,  to  take  charj'e  of  t he  vessi  1 
when  we  <>('t  outside. 

It  is  yciicr.'illy  un<lerstood  on  l)oard  the  said  vessel  that  she  belonj^.s  to  tho  confcil- 
rrate  «fovcrnnient. 

(Sif-ncd)  IIEXKY  ]{K1)1)KN. 

Sworn  this  !>-lth  dav  of  .Jul  v,  IrTia,  before  mc. 

(.Signed)  '  '  JOHN  STKWART, 

A  Jmlicc  of  the  Peace  for  the  County  of  Lanmnhr. 

On  tliis  dei)Osition  tho  as.sistant  solicitor  of  cnstoms  luid,  on  the  L'5tli 
July,  reported  as  follows  :' 

I  submit  a  reference  to  my  former  lejKjrts,  to  tlu^  o])ininns  oxjiressed  in  which  I  fi'il 
.still  bound  to  adhere.  So  far  from  f-iviii}^  a<lditional  foret^  t(k  the  aiiplieaticai,  the  iitli- 
tlavit  of  Henry  IJedden  ai)i>eais  to  me  to  weaken  it,  as,  after  tln^  lapse  of  sevtnal  rlii.\> 
sine*;  the  date  of  the  former  allidavits,  the  api)lii'ants  are  eont'essedly  unable  to  inakc 
«)nt  a  better  jnstitication  for  detainin<{  the  vessel.  It  is.  no  doubt,  diflieiilt  to  ]troiMii' 
satisfactory  evidenc'c  in  such  a  case  ;  but,  in  the  absence  of  at  least  a  clear  j»'(Hm  ,/'"'' 
cjwe.  there  cannot  exist  those  grounds  for  detaining  tin-  v»ssel  which  the  for<'i};ii- 
enlistment  act  contemplates. 

(Signed)  ,  J.  O'DOWD. 

CcsTOM.s,  July  25,  1862. 

From  the  above  statement  it  will  have  been  seen  that  the  additioiiiil 
j)ai)ers  sent  Mr.  Squarey  on  the  -MX  were  on  the  same  day  referred  In 
the  board  of  customs  to  their  ofllcial  Jidviser  and  leported  on  by  lii'n- 
and  were  also  on  the  same  day  tiansmitted  by  the  board,  through  the 
treasury,  to  the  foreign  ottice  and  theuce  referred  to  the  law-otticer.s  »t 
the  Crown. 


'  Appendix,  vol.  i,  i>.  11)8. 


OASK    OF    OUKAT    IJinTAIN. 


32') 


It  will  liavo  Im'cii  scimi,  also,  thiit  tli«  I'lirtlicr  deposition  n'crivrd  on 
the  L**»tli  w'iis  on  that  diiy  reported  on  by  theollleiid  adviser  of  the  lioard 
of  ciistonis,  an<l  was  on  the  following;  day  icl'erred  to  the  law-ollicer.s  of 
the  Crown. 

On  Tiu'stlay,  the  L'lHli  -Inly,  the  law-oHieers  of  tin-  Crown  i'e|>oited  as 
lollows  on  the  paiiers  which  luid  been  anecessively  ret'eried  to  them  :' 


if^iif] 


The  law-offiirrn  of  the  Croini  to  JCuii  HiixHrn, 


TK.MI'F.I-.,  ./((?//',»!»,  H()-». 

My  Loi!i» :  Wf  m«  liiniort'il  witli  your  Iwnlsliip's  ((immaiMls si^fiiilicd  in  Mr.  I.Myiiid'M 
Irtlt'i' III' tli<- '<^:t(l  July  insraiit.  Ntiitin^  that,  witli  I'll'inMM'f  to  our  ri'iinit  of  tin-  :(()tli 
iiltiiiiii,  lit'  was  directed  l»y  your  lordship  to  Irau.sinit  to  us  the  a('eoiii)iaiiyiii;;-  itaperH, 
wiiirli  had  l)eeii  received  hy  the  hoard  of  treasury  I'roiii  the  eoniinissionerH  of  ciistoins, 
ciintiiininj;  Ciirlhei'  iiiforiiialioM  respect iii>;  the  vessel  allee-ed  to  he  littiii;;' out  at  Liver- 
|i(H)l  tor  tile  service  of  the  so-called  Oonfederate  States,  and  to  reiiiiest  tliat  we  woiilfl 
iiikr  till'  saiim  into  onr  coiisiderati«)n,  and  favor  your  lordship  at  our  earliest  conven- 
ii'iu'r  Willi  oiir  opinion  thereupon. 

Tim  foniier  |>apers  on  this  snhject  wia'o  inclosed  for  reference  if  riM|iiircd. 

\V(.'  arc  also  honored  «  itii  your  lordsliiii's  coniniaiids  sii;nilicd  in  .Mr.  I.ayard's  letter 
lit'  till!  v!;>d  .Inly  instant,  statin;;  that,  with  reference  to  his  lettei'  of  that  dali',  sending 
III  us  papers  respecting  the  vessel  stated  to  he  prepai'iii;;  for  sea  at  riirUeiihcad,  for  tho 
M'lvicc  of  the  ^ovcrniiient  of  the  so-styled  Oonfederale  States  of  Norl  h  America,  lie  was 
(lircctiil  liy  your  lordship  to  transmit  to  ns  a  further  letter  from  (he  cmiiinis.siuncrs  of 
iiHtoiiis,  inclosmy;  additional  pajiers  respecting'  this  vessel,  and  to  re(|iicst  that  wo 
wiiiiiil  lake  these  papers  into  our  consideration,  and  favor  your  lordship  al  onr  earliest, 
(■iiiivfiiieiice  with  onr  opinion  as  to  the  stejis  which  on;;Iit  to  he  taken  liy  Her  .Majisty'M 
^ovcriiinciit  ill  the  matter. 

We  are  further  honored  with  ycuir  lordship's  commands  signified  in  Mr.  l.ayai  il  s  let- 
li'i'of  the  •  .Inly  instant,  stating  that  he  was  directed  hy  your  lordship  to  transmit 
III  lis  tile  paiiyin^' letter  from  the  hoard  of  treasury,  dated  .Inly   'Jll,  which   your 

loidsliip  'cived  that  morning,  containing  further  information   respecting  the 

vessel  stated   lo  he  tilting'  out  .at  Liverpool  for  the  service  of  tin;  .so-styled  Confederate 
States,  and  to  rciiiicst  that  we  would  t.ake  tlit;   same   into  our  consideration,  together 

with  the  other  pajiers  on  the  same  subject  which  were  then  lielore  us. 
[%]       *■  In  ohedieiice  to  your  lordship's  eoiumands  wu  havo  taken   these  papers  into 
consideration,  and  have,  the  honor  to  rcpiu't — 

Tliiit,  ill  our  oiiiniou,  the  evi<leiice  of  tlu!  witnesses  who  have  made  depositions, 
,\vc  ailiidc  ])arliculaily  to  William  I'assmoic,  I'.dward  liolierts,  Ivohcrt  .lohii  Taylor, 
iukI  Ilciiiy  kc'ddeii,)  coujiIimI  with  the  character  and  structure!  of  the  vessel,  makes  it 
icasoiialily  clear  that  such  vessid  is  intended  tor  warlikt!  use,  a;;iiinst  citizens  <if  the 
I'liited  Stat<;s,  and  in  the  interest  of  the  (so-called)  Coufederato  States.  Jt  is  not,  and 
ciuitiot  lie,  denied  that  the  vessel  is  constructcfl  and  adapted  as  a  vessel  of  war.  hciny 
liii'ictMl  for  ^uns,  tl-e  sockets  for  the  bolts  for  which,  i'assmore  stat«'s,  are  already  laid 
ilowii,  and  having  a  niaij,azine,  and  shot  and  canister  racks  on  tlu;  deck,  and  a  certain 
iiiiiiibcr  of  canisters  beiny  actually  oil  board.  It  is  also  stated  in  tlm  report  of  theconi- 
miasioiiers  of  cu.stonis  of  July  1,  that  Messrs.  Tjaird,  the  builders,  do  not  deny  that  tho 
vi'ssd  has  been  built  for  sonio  "  forei;j,n  ^overiimeiit,"  although  they  iiiaintain  appar- 
t'litly  a  strict  reserve  as  to  her  actual  destination,  .'iml  as  to  the  "  foreign  ;;overnnieiit  " 
ill  itarticular,  for  wlios(!  service  she  is  intended.  We  do  not  overlook  the  fads  that  uei- 
tlier  gjiiis  nor  iiiumiinit  ion  have  as  yet  been  shipped;  that  tho  ear;;<)  (though  of  tho 
nature  of  naval  stores  in  connection  with  war-steamers)  may  yc^t  bo  elasse<l  as  a  nior- 
canlile  car^o  ;  and  that  the  crow  do  not  apjiear  to  have  been,  in  terms  and  form  at 
le.ist,  recruited  or  enrolled  as  a  military  crew.  It  is  to  bo  (expected  that  jjreat  stres-s 
will  be  laid  upon  these  cireunistancos  by  the  owners  and  otlier.s  who  may  oppost!  tho 
eoiuleinuation  of  the  vessel  if  seized  by  tho  oHieeis  of  the  cnstoinH ;  and  an  arynment 
may  be  rai.sed  as  to  the  jiroiKir  construction  of  the  words  which  oi^cnr  in  tho  7tli  sec- 
tion of  the  foroign-enlistment  act,  "  Etjuip,  furnish,  lit  out,  or  arm,"  wliich  wdrds,  it 
may  be  sny<j;oste(l,  point  only  to  tho  rendenujif  ii  viissel,  whatever  may  bo  tho  character 
"f  its  structure,  piH^sently  tit  to  enga^fo  in  hostilities.  Wo  think,  however,  that  such  a 
narrow  construction  ought  not  to  be  adopted,  and,  if  allowed,  would  fritter  away  the  act, 
and  give  impunity  to  ojien  and  flagrant  viol.-itions  of  its  proviHions.  We,  therefore, 
lecomineud  that,  without  loss  of  time,  tho  vessel  l)e  seized  by  the  proper  authorities, 
after  which  an  opportunity  will  bo  atforded  to  those  interested,  previous  to  condemna- 
tion, to  alter  the  facts,  if  it  n>ay  be,  ami  to  show  an  innocent  destination  of  the  ship. 

'  Appendix,  vol.  i,  p.  200. 


7^ 


326 


TKEATY    OF    WASHINGTON. 


i  4         « 


In  tlio  abstMico  of  any  such  conntervniling  case,  it  appears  to  us  that  the  vossel,  cargo, 
aud  stori's  may  l»o  iiropeily  coudeuiued. 

We  liavo,  &c,, 

(Signed)    •  WM.  ATHERTON. 

KOUNDELL  PALMER. 

On  the  same  20tli  July  the  board  of  customs  received  from  ]\rr.  Diu|. 
ley's  solicitors  a  comnr<niication,  dated  the  ii8th,  to  the  ellec^t  tluit  they 
had  every  reason  to  believe  <:hat  the  vessel  would  sail  on  the  U!)th.'  Anil 
soon  afterward  the  board  received  from  the  same  tirm  a  tel«'}>iai)liic 
message  stating  that  slie  had  come  out  of  dock  the  nij^iit  before  (the 
28*^!.)  and  had  left  the  port  that  morning-,  (the  2l>th.) 

On  the  JiOth  July  the  board  of  customs  received  from  iNIr.  Dudley's 
solicitors  the  following  letter,  which  was  trausaiitted,  through  the 
treasury,  to  tiie  foreign  oflice :  ^ 

Messrs.  Duncan,  Sqiiarey  and  Mackinnon  to  Mr.  Gardner. 

10  Watkk  Strkkt,  LivKurof)!,,  Jnly  2!t,  1862. 
Slit:  We  talograplic'd  you  tlii.s  morning  thai  the  abovc-naiiicd  vt'sscl  was  leavini; 
Liverpool ;  she  eanie  out  of  dock  last  Jiiglit^  anu  steamed  down  the  river  between  Id 
and  11  a.  n). 
We  have  reason  to  believe  that  she  is  gone  to  Queenstown. 
Yours,  obediently, 
(Signed)  DUNCAN,  SQUAREY  AND  MACKINNON. 

On  the  olst  July  orders  were  sent  by  the  commissioners  of  customs 
to  the  collectors  of  custonis  at  Liverpool  and  Cork,  that  the  vessel 
should  be  seized  if  she  should  be  within  either  of  those  i>orts.  On  the 
morning  of  the  l.st  August  similar  orders  were  sent  to  the  collectors  at 
Beaumaris  and  Holyhead.'  Instructions  were  likewise  sent  to  the  gov- 
ernor of  the  Bahamas,  that,  if  she  should  put  in  at  Nassau,  she  should 
be  detained.^ 

On  the  30th  July,  the  day  after  the  departure  of  the  vessel,  3[r.  Dud- 
ley wrote  as  follows  to  the  collector  of  customs  at  Liverpool  :^ 

Mr.  Dudley  to  Mr.  Edtcards. 

Unitkd  Statics  Coxsit.atk, 

LircriHwl,  Juhj  :«>,  ISCtS, 

Sot :  Referring  to  my  previous  oomniunication  to  you  on  Uie  subject  of  Ihegunbo.it 
No.  "iltO,  lifted  out  by  Messrs.  Laird,  oi'  JWrkenhead,  I  beg  to  inform  you  thai  slie  left 
the  Hirkeuhead  doek  on  Monday  niglit ;  aud  yesterday  morning  left  the  river  ncooui- 
pauied  by  the  steam-fug  Hercuh'S. 

The  Ilereules  ri'turned  last  evening,  aud  her  master  states  that  the  gun-boat  was 
cruising  off  i'oiut  Lymis  ;  that  she  had  si.x;  guns  on  board,  eoneealed  below,  and  was 
taking  powcler  from  another  vessel. 

Tile  ilereules  is  now  alongside  the  Woodside  lauding-stag(>,  taking  on  board  nicii. 
(forty  or  lifty,)  beams,  (evidently  for  gun-earriages,  and  other  things,  to  convey  down 

to  the  gun-boat.     A  (pumtity  of  cutlasses  were  taken  on  boanl  on  Friday  liist. 
[97]        *Thes('  cireumsfauees  all  go  to  eonlirm  the  representations  heretofore  iiiatletd 

yon  about  tiiis  ves.sel,  in  the  faee  of  whieh  I  cannot  l»nt  regret  she  has  \wv\\  per- 
mitted to  leavt;  this  jiorf ;  and  I  report  tlieni  to  yon  tiiat  y<in  nniy  take  such  stepsas 
you  may  deem  necessary  to  prevent  this  llagruut  violation  of  ntMitralify. 

Respectfully, 

(Signed)  THOMAS  II.  DUDLEY,  Conud. 

The  surveyor  of  customs,  by  direction  of  the  collector,  immediately 
went  on  board  of  the  Ilereules,  and  reported  as  follows  :  ^ 


'  Apjunidix,  vol.  i,  p.  200. 
« Ibi«l.,  p.  205. 


Tbid-.p.  2or.. 
Ubid.,  p.  204. 


CASE    OF   GREAT   BRITAIN. 


327 


Jfr.  Morgan  to  Mr.  Edwards. 

Sl'Uveyor's  Offick,  Jnl;/  30,  18(52. 

Sir:  Referriiis  to  the  steiiiner  Imilt.  by  the  Messrs.  Laird,  which  is  susju'ctod  to  he  a 
L'uii-boat  inteiided  for  some  folei^jii  Koveniinent,  I  hefj  to  state  that,*sinee  the  date  of 
niv  las^  report  coneerniny  her,  she  has  been  lyiiifi  in  the  Birkenhead  docks,  tittiiij^  for 
sea,  and  receiviiij;  on  hoard  coals  and  provisions  for  iier  crew. 

She  h'ft  the  dock  on  tlie  (iveiiinj^  of  th(i  'iHtJi  instant,  aneh-tred  for  the  nifjht  in  the 
Mersey,  abreast  the  Canning  dock,  and  proceechMl  out  of  tlie  river  o'-  thu  foUowiny 
moriiiiiu,  ostensibly  on  a  trial-trip,  from  which  she  has  not  returned. 

I  visited  the  Uiff  Hercules  this  niorninjf  as  she  lay  at  the  laiidin<j;-sta<;e  at  Woodside, 
and  strictly  examined  her  holds  and  other  parts  of  the  vessel.  She  had  nothinji  of  a 
suspicions  character  on  board,  no  f^wus,  no  ammunition,  or  anything  api)ertainin<; 
thereto.  A  considerable  number  of  persons,  male  and  female,  were  on  deck,  souwi  of 
whom  admitted  to  me  that  they  were  a  portion  of  the  crew,  and  wert;  going  to  join  the 
giiii-boat. 

I  have  only  to  add  that  your  directions  to  keep  a  strict  watch  on  the  said  vessel  have 
been  carried  out;  and  I  write  in  the  fullest  confidence  that  she  left  this  port  without 
anyjiart  of  her  armament  on  board.     She  lias  not  as  much  as  a  single  gun  or  musket. 

it  is  said  that  she  cruised  off  Port  Lyuus  last  night,  which,  as  you  are  aware,  is  some 
lifty  miles  from  this  port. 
Very  respectfully, 
(Signed)  E.  i^ORGAN,  Surretjor. 

Mr.  Dudlej's  letter  and  the  siirveyoi''.s  report  were  transmitied  to  the 
board  of  custoius.  Immediately  on  the  receipt  of  them  the  following 
telegraphic  message  was  sent  to  the  collector:' 

.TuiA-  31,  1802—11.35  a.  m. 

Examine  master  of  Hercules,  ^'i, ether  he  eau  state  that  guns  are  concealed  in  vessel 
290,  aiid  that  powder  has  bee^i  taken  on  board. 

Tliis  order  was  executed,  and  the  collector  replied  as  follows:* 

Mr.  Edwards  to  the  commissioiivrs  of  iiistoms. 

CrsTOM-HorsK,  Lirvrpool,  August  1.  l^G^. 

HoNfjitvHLK  Sirs:  The  uuister  of  the  Hercules  has  attended  here  this  morning,  and 
I  beg  to  inclose  his  examination  tak  ii  on  oath,  when-by  it  will  be  seen  that  the  state- 
ment in  the  letter  of  the  American  ii'Msul,forwar«led  with  my  report  of  the  3(»th  ultimo, 
is  not  liorne  out.  The  board  will  scu-  that  the  vessel  has  left  the  port.  Should  oppor- 
tunity, howivcr,  otter,  she  shall  be  seized  in  accordance  with  the  directions  of  the 
board,  as  contained  In  linj  ttdegram  of  vfstenlay's  date. 

(Signed)  S.  PRICE  EDWARDS. 

The  examination  of  Thomas  Miller,  taken  on  oath  hy  the  eollevtor. 

I  an;  the  master  of  the  steam-tug  Hercules.  I  accompanied  the  new  gun-boat  built 
by  Mr  Laird  (No.  yDO,  I  belii've  she  is  distinguislied  b> )  to  sea  on  Tuesday  last.  T 
kept  in  sight  of  her,  in  ease*  the  services  of  the  steam-tug  should  be  re<|nired,  until  she 
l;»y  to,  about  a  mile  otl"  the  bell  bir)y,  and  about  14  mih-s  from  the  Canning  dock.  The 
vt'ssd  left  her  anchorage  al)out  K.  a.  m.,  and  I  left  her  between  4  and  f)  p.  m.  I  saw 
iiotliiiig  on  board  the  shi))  but  coals.  I  rettirned  from  the  vessel  in  the  evening,  anil 
}!'it  into  the  river  about/  p.  m. ;  there  wer''  somt^  of  Mr.  Lainl's  vvorknu'U  ami  riggers 
"II  board  ;  all  of  these,  I  believe,  1  brought  back.  The  next  day,  Wednesday.  I  h-it  the 
landing-stage  in  the  river,  and  took  with  me  from  twenty-tive  to  thirty  men.  who.  T 
bi'lieve,  were  to  be  emjdoyed  on  boar<l  as  part  of  the  cri'w  ;  they  iip[ieared  to  be  all 
siiilers  or  lirenu'U.  I  found  the  vessel  about;?  o'clock  that  afternoon  in  ISeauniaris  P..;.-. 
I  imt  the  men  on  board,  and  lay  alongside  till  midnight.  We  were  trom  three  to  'Mir 
iiiilt's  fioui  the  shore;  it  was  a  lint!  day.  lb-sides  the  me!i.  1  put  on  boaril  an  anchor- 
stock,  a  )»iece  of  wood  about  l.^  feet  long,  ami  two  pieces  of  brass  belonging  t(»  the 

niachiiu'ry.  I  neither  carried  guns,  powder,  m  ammunition  of  any  kind  to  her, 
[0-]    nordi<l  I  see  anytIiin/;of  thisdeseiiption  on  board,  "nor  yet  being  put  on  board. 

'J'here  was  no  vessel  of  any  description  came  nt>i>r  the  vessel  whi!e  1  was  by  her. 
I  have  never  seen  the  Anmrican  (ionsul  to  my  knowledge,  I  never  told  him  or  any  one 
flse  that  tliey  were  taking  powder  (Ui  board  tiie  new  vessel,  I  never  was  told  what 
sl(e  was  for,  or  what  was  her  destinaticm.  The  piece  of  wood  wliich  I  liave  mentioiu'd 
was  not  in  any  way  lit  for  a  gun-carriage.  1  thought  it  was  intended  to  r"«t  the  "hip's 
boat  npon  ;  it  was  planed  and  cut  out  for  some  purpose,  if  uut  to  rest  the  boat  upon. 

(i^igued)  THOMAS  MILLER. 

Sworn  at  the  custom-house,  Liverpool,  August  1,  lS(5ii. 


•t 


'  Appendix,  vol.  i,  p.  205. 


« Ibid.,  p.  206. 


\    ■■   <:fc 


328 


TREATY    OF    WASHINGTON. 


The  subjoined  letters,  receivtHl  by  the  board  of  eustoms  from  their 
olticers  sit  Beaumaris,  Holyliead,  and  Cork,  show  what  was  done  by  tboM- 
officers  in  obedience  to  the  orders  of  the  board : ' 

Mr.  Cunnah  to  the  secretary  to  the  cu8tomi<,  London. 

CusTOM-HousE,  Hohjhead,  August  1, 1862. 
Sir:  Yonr  telcj^rain  respecting  the  iron  steain-vessel  290  is  duly  to  hand. 
The  vessel  is  not,  at  present,  within  the  limits  if  this  ereek.     I  have  arranuod  tliat 
constant  wateh  shall  be  kept,  so  that  iniinediat«)iy  upon  her  entering  eitiier  of  tiie  iiur- 
horsor  the  roadstead  she  will  be  seized;  and  I  am  now  leaving  (to  go  along  the  coast) 
to  Point  Lynas  ami  Amlwch  to  make  further  in(iniries. 

I  beg  also  to  state  that  I  havt;  forwurih'd  a  copy  of  the  message  to  the  collector  of 
ciiHtoms.  Htjiiumaris,  and  the  principal  coast  otlicer  at  Amlwch. 
I  hav»>,  &c., 

(Signed)  E.  B.  CUNNAH, 

Principal  Count  Offuri: 

Mr.  Smith  to  Mr.  (rardner. 

(JusroM-HorsK,  Heaitmarix.  .iii'/iiKt  2,  ]%-^. 
8ii::  On  receipt  of  yinir telegram  f)n  tlie  1st  instant,  directing  nic  to  seize  thi-  stciini- 
ship  290,  r<'p()rtcd  to  lie  olf  I'oint  Lyinis,  I  imnn'diately  proceeded  to  Andwdi  e.nd  insti- 
tuted imiiiiries,  but  c()uld  get  but  little  satisfactory  information.  I  heard  tii:it  tJHTc 
had  been  a  suspicions  screw-baik  in  Motdfra  Hoads  on  Wednesday  last:  tliat  the 
shore-boats  would  not  be  aHow<'d  ;ilongsi<lc.  I  called  on  Mr.  I'ierce.  chief  oHicenif  the 
coa8t-gnar<l,  and  consulted  with  him;  I  rc(piest»'d  that  he  should  order  his  boat,  with 
four  hamis  armed,  to  be  at  I'oint  Lynas  by  ">  o'clock  the  next  morning  to  meet  us ;  I 
took  a  car  at  Andwch,  accompanied  by  Mr.  I'ierce  and  my  principal  coast  olHcer.  iuid 
)>roceedcd  to  I'oint  Lynas  light-iiouse,  aiul  made  every  iminiry  of  the  keeper.  1  then 
j)roceeded  to  the  telegraj)!!  station,  and  on  impiiry  there  ton n«l  that  the  snspe.ted  vcs- 
s(d  had  not  been  .seen  by  cither  party  since  AVednesday  evening,  when  she  was  ridin;,' 
in  Moelfra  Roads.  We  tluMi  got  into  the  coast-gnanl  boat  and  proceeded  to  MoehVa. 
and  found  that  a  large  black  screw-bark,  or  three-masted  topsail-yard  serew->teaiiiii. 
with  Idack  fuiiiud,  and  no  nanu".  or  ])()rt  on  her,  had  arrivd  at  iloelfra  Koails  at  T.iiii 
p.  in.  on  'i'lU'sday  evening  last,  and  came  to  anchor;  that  a  lishing-boat  was  goini; 
alongside,  and  asked  if  tln^v  wanted  any  (ish;  tln>  answer  from  the  steamer  was,  '-No; 
keep  off."'  On  Wednesday  they  appeared  to  lie  wasliing  the  decks  and  cleaning  her, 
and  about  .">  p.  m.  a  tug-boat,  supposed  to  belong  to  the  Old  Tug  Company  of  Livor- 
l»ool,  went  alongside  with  what  was  supposed  to  be  an  excursion  jiarty,  the  p:i"-seii;,'('rs 
going  on  board  tht;  scrcw-steanier  ;  there  was  music  on  board.  The  tug-boat  reiiiaiiii'il 
alongside  until  alxnit  ll>  o'cloidv  ]>.  m.  the  same  evening,  when  she  left;  the  ^lll•n■  pin- 
j>le  coidd  not  say  whether  she  took  the  party  she  brought  back  again,  because  it  was 
too  dark.  At  :!  o'clock  a.  m.  the  following  morning,  viz,  Thnrsday.  the  serew-steamii' 
got  under  weigh  and  ])roceeded  to  sea,  ami  hai  not  aince  been  seen  by  any  parties  on 
the  sliore  along  th(^  whole  part  of  that  coast 


They  held  no  communication  whatever  witii  the  shore  during  her  stay  in  Moclfii 


Koad 


I  am,  «Src, 
(.Signed) 


W,  II.  SMITH,  CoUntoi: 


Mr.  Caxsell  to  the  secrrtnry  to  the  citstom>*. 


NUiiii 


I  \m 


Gnu-boat  290,  the  subject  of  telegram  from  the  secretary  of  customs,  3Lst  ultimo,  and 

board'a  order,  89/  IHli-J. 

Clsiom-Hoi  SK,  Cork,  Ainjitxl  4.  1862. 
SlK  :  Immediately  (HI   the  receipt  of  yonr  telegraphic  message  steps  were  taken  for 
the  detention  of  the  above-mmitiomtd  vess(d,  shouhl  she  put  into  this  port ;  but  up  to 
the  close  of  this  letter,  4  p,  m.,  she  has  not  made  her  appearance. 
I  am,  &c., 
(Signed)  F.  CASSELL,  Colleilor. 

The  vessel  in  faet  sailed  from  the  port  of  Liverpool  on  Tuesday,  the 
'JiHh  July,  betWiMMi  U)  and  11  a.  m.  She  sailed  ostensibly  with  th« 
intention  of  ma  kin;::  Ji  trial-trip  iuid  returning;:  to  her  moorings;  and, 


Appendix,  vol.  i,  pp.  207,  208. 


CASE    OF    GKEAT    IJRITAIX. 


329 


j09]  in  order  to  give  an  appearance  of  truth  to  this  *preten.se,  a  num- 
ber of  persons  were  taken  on  board,  who,  after  aeeompanyinjjf  her 
tor  a  short  distance,  returned  to  Liverpool  in  a  tn;r-boat.  She  liad  not 
l)eeii  re;»istered  as  a  British  ship,  nor  ha<l  she  been  cleared  at  the  cus- 
tomhoiise  for  an  outward  voyajje.  She  took  her  departure  before  the 
repori  of  the  law-officers  had  been  receive<l  at  the  ioreijiii  ollice,  and 
tlierefore  before  any  orders  for  her  detention  had  been  given.  Whither 
she  was  boun«l,  or  in  what  direction  she  was  likely  to  shape  lier  course, 
was  luikuown  to  the  olhcers  of  the  jL;()verniiU'nt,  as  it  was  to  Mr.  Adams, 
Mr.  Dudley,  and  their  informants  and  atlvisers.  From  Mr.  J)u<lley's 
(Oiniiuniications  with  his  own  jjoverumeiit,  it  appears  that  on  the  iiOth 
.Inly  he  thouji'ht  she  would  i)robably  };o  to  Xassau ;  afterward  he  j;avi} 
soiiie  credence  to  a  rumor  tlmt  she  was  bound  for  a  Spanish  jxut,  and 
snbst'(inently  believed  that  she  would  try  to  reach  some  port  in  the  Con- 
iWlenite  States.  Iler  Majesty's  j>ov<'rnment  was  equally  without  nu'ans 
(if  kiiowiedj^e.  It  will  have  been  seen,  however,  that  orders  to  detain 
her  were  sent  by  the  jjovernment,  not  only  to  I  iverj)ool,  whither  it  was 
still  Dossible  that  she  mij^ht  return,  but  lo  i»<^her  ports,  whieh  (or  the 
roadsteads  adjacent  to  which)  she  mi<>ht  juobably  enter  before  juoceed- 
iii;;  to  sea.  She  did  in  fact  enter  a  roadstea*!  on  the  coast  of  North 
Wales,  which  lies  at  a  considerable  distance  from  both  IJeauuiaris  and 
iiolyliead,  but  had  <piitted  it  before  the  otticers  of  customs  authorized  to 
detain  her  couhl  arrive  on  the  spot. 

It  will  have  been  seen  also  that  when  she  quitted  Liverpool,  and  up 
to  the  time  of  her  final  departure  from  British  waters,  she  was  entirely 
iiiiaruH'd,  and  had  on  board  no  j;uns,  <^un-earriag;es,  or  ammunition.  As 
to  tlie  persons  who  composed  her  crew,  and  the  terms  on  which  they 
were  hired,  and  as  to  any  other  persons  who  may  have  <,'one  to  sea  on 
hoard  of  her.  Her  Majesty's  fiovernnuMit  had  iu)t,  through  its  ollicers  at 
Liverpool  or  otherwise,  any  nutans  of  information.  It  api)ears,  how- 
ever, from  depositions  whicli  have  been  subsequently  eommnnicated  to 
Iler  3Iiijesty's  government  by  Mr.  Adams,  and  Her  ^lajesty's  govern- 
ment heiieves  it  to  be  true,  thai  the  crew,  after  the  ship  had  left  Liver- 
imol,  signed  arti(;les  for  Nassau  or  some  intermediate  port;  tlmt  i)ers"  t 
sion^vas  alterwanl  used,  while  the  ship  was  at  sea,  but  still  under  e 
Uritish  tiag,  to  induce  them  to  enlist  in  the  naval  service  ui'  the  Ct)nle(t 
erate  States,  and  that  such  of  them  as  were  induced  to  do  so  signe*l  fresh 
articles  after  the  arrival  of  the  vessel  at  the  Azores. 

Mr.  Adams  had,  in  the  month  of  June,  18(»2,  requested  Captain 
'raven,  commanding  the  United  States  war-steamer  Tuseariua,  to  bring 
his  ship  from  Gibraltar  to  Southami)ton,  in  order  to  wait  for  ami  (capture 
the  vessel  shouhl  she  put  to  sea.  The  Tuscarora  came  to  S<Mitliami)tou 
aeeonlinyly  in  the  beginning  of  July,  ami,  on  the  17th  July,  Mr.  Adams 
wrote  to  Mr.  Seward,  "  I  have  sui)plie«l  to  Captain  Craven  all  the  in- 
formation 1  can  obtain  respecting  the  objects  and  destination  of  this 
vessel,  and  have  advised  him  to  take  such  nu'asures  as  may,  in  hisopiu 
ion,  he  etiective  to  intercept  her  on  her  voyage  out.  He  w  ill  probably 
leave  Southampton  in  a  day  or  two." 

The  Tuscaroia,  however,  lay  at  Southampton  until  the  evening  of  *ho 
-itth  July,  when  her  comnumder,  after  receiving  two  telegraphic  mes- 
sages from  ^Ir.  Adams  informing  him  that  the  vessel  had  sailed,  and 
inginjj  him  to  put  to  sea  immediately,  took  his  departure  for  (jJueens- 
town.  An  account  of  the  failure  of  the  Tuscarora  to  intercept  the 
vessel  is  giveu  in  the  subjoined  dispatch  addressed  by  Mr.  Adams  to 
-Mr.  Seward :' 


k  Appendix,  vol.  i,  p.  251. 


m 


330 


ii^?l 


;?  ; 


TREATY    OF   WASHINGTON. 


Mr.  J(la)»J>  to  Mr.  Seward. 


Legation  of  thk  Uxited  Rtatks, 

London,  AiKjHHtl,  1802, 

Siu:  III  Tuy  (lispatdi  of  the  .lOtli  July  I  brought  down  the  iiiirrativo  of  tlit^  iiro- 
ceefliiif;.-*  in  tlic  case  of  the  giin-hoat  No.  290  to  tht^  nioriiin<^of  tlic  "ilUh.  Lnt»r  in  the 
day  I  st'iit  another  telej^rani  to  Cajitain  Craven,  K'^'''>f?  further  intelln^tMU'e  fioiu  l.iv- 
erpool,  nr;x'")i  hi.s  departure  from  Southampton;  also,  that  lie  should  let  me  kimw  Ins 
next  movements,  ami  cautioning  him  about  the  line  of  Hritish  .jurisdiction.  To  this 
inessajje  the  cajitain  immediately  re|died,  annonncinjj  his  departure  at  "i  o'clmk.  and 
Lis  intention  to  touch  at  Qneenstown  for  further  infornnitiou.  On  the  :Mtii  of  .Inly  I 
wrote  to  Captain  Craven,  by  mail  to  Qneenstown,  K'^''"f?  fuller  details,  reccived'at 
lialf-jiast  11  o'clock  from  Mr.  Dudley,  tonchiiifi;  the  inovenieutsof  the  <;un-boat  oil'Pojnt 
Lynas  on  that  day.  Karly  on  the  mornin{f  of  the  31st  I  sent  a  telej^ram  toCaiitain 
Craven,  at  Qm>eustown,  aitprisinj;  him  that  No.  '2U0  was  said  to  be  still  off  I'oint  Lynas. 
At  about  10  o'clock  p.  in.  of  that  evaning  I  received  a  t<'le<j;ram  from  Captain  Ciiiven 
dated  at  Qneenstown,  annonncing  his  reception  of  my  dispatch,  and  his  i'tentiou  to' 
await  further  instructions.  This  was  answered  by  me  early  the  next  morniug  in  the 
following  words,  by  telegram  : 

"At  latest,  yesterday,  she  was  off  Point  Lynas;  you  must  catch  her  if  you  can, and 
if  necessary,  follow  her  across  the  Atlantic." 

On  the  same  day  I  received  by  mail  a  note  from  Captain  Craven,  dated  the  Hist, 
announcing  the  receipt  of  ray  dispatches,  and  his  decision  to  go  to  Point  Lynas  at  noon 

on  the  1st  instant. 
[100]  *  Captain  Craven  seems  to  have  sailed  np  Saint  George's  Chainiel.  This  la-st 
movement  must  have  been  made  in  forgetfulness  of  my  caution  !<boiif  Ihitish 
jurisdiction,  for,  even  had  he  found  No.  291)  in  that  region,  I  luwl  in  previous  cimversa- 
tlons  with  him  explained  the  reasons  why  I  should  not  consider  it  good  policy  to 
attempt  her  capture  near  the  coast.  In  point  of  fact,  this  proceeding  put  an  eiiil  to 
every  chance  of  his  success. 

On  the  ath  instant  I  received  a  letter  from  him  dated  the  4tii,  at  Qneenstown,  inclos- 
ing a  report  of  his  doings,  addressed  to  the  Secretary  of  the  Navy,  left  open  for  my 
inspection,  which  I  forward  by  this  steamer,  and  at  the  same  time  apprising  nic  of  his 
intention  to  go  round  to  Dublin,  and  await  a  letter  from  me  prior  to  his  return  to  hi, 
station  at  Gibraltar.     To  this  I  sent  the  following  reply  : 

"  Lkgatiox  of  the  United  i^TATics. 
"London,  .'"gust  0,  IrfW. 
"I  will  forward  your  letter  to  the  Secretary  of  the  Navy.     Having  in  my  liauf's 
BufficicMit  evidence  to  justify  the  step,  I  was  willing  to  assume  the  responsibility  of 
advising  you  to  follow  the  boat  No.  2'JO,  and  take  her  wherever  yon  could  tind  her. 
But  I  cannot  do  the  same  with  otiier  vessels,  of  which  I  have  knowledire  only  from 
general  report.     I  therefore  think  it  best  that  you  shoulil  rcsnnie  your  duties  under  tin' 
general  instructions  you  have  from  the  Department,  witlumt  further  refi  leuce  t<>  me." 
It  may  have  been  of  use  to  the  Tuscarora  to  have  obtained  repairs  at  Southampton 
to  put  lier  in  sea-worthy  condition.     Hut  had  I  imagined  that  the  cajitain  did  not 
intend  to  try  the  sea,  I  should  not  have  r  I'-ei.  the  responsibility  of  calling  hiui  from 
bis  station.     I  can  only  say  that  I  shall  not  attempt  anything  of  the  kind  again. 
I  have,  &c., 
(Signed)  CHARLES  FRANCIS  ADAMS. 

Ciijitain  Oraven'.s  failure  to  intercept  the  vessel  ai>i)ears  to  have  beoii 
regarded  by  Mr.  Adaius  as  evincing  remissness  and  dilati  riness  on  the 
l)art  of  the  former,  and  a  want  of  the  promptitude  and  jud lament  which 
ought  to  have  been  used  under  the  circumstauces  of  tUo  case.  It  is 
probable,  indeed,  that  he  would  liave  succeeded  in  intercepting  Irt  if 
he  had  used  the  needful  activity  and  dispatch. 

For  some  weeks  after  the  sailing  of  the  vessel  (which,  up  to  the  time 
of  her  departure,  had  continued  to  be  known  only  as  "Tlie  21)0,"  from 
the  number  which  she  bore  in  the  builders'  yard)  nothing  more  was 
heard  of  her.  On  the  1st  September,  1803,  a  steamship  named  the 
Babiiina,  which,  on  the  13th  September,  had  cleared  from  Liveriiool  for 
Nassau,  returned  to  the  port  and  was  entered  as  in  ballast  from  Angra 
in  till'  Azores.  On  the  3d  September,  18G3,  the  assistant  collector  ol 
customs  at  Liverpool  sent  to  the  board  of  customs,  with  reference  to 
this  ship,  the  subjoined  letter  and  inclosures:^ 

'  Appendix,  vol,  i,  p.  208, 


CASE   OF    GREAT    BRITAIN. 


331 


Mr.  Stuart  to  the  commisifioner?  of  customs. 

CusTOM-Hou9E,  Liverpool,  Sejytembir  3,  1862. 

HoxoRAurK  Sirs:  With  reference  to  the  collector's  rojtort  of  the  1st  nltiino,  T  beg 
to  transmit,  for  the  iiiforination  of  the  hoard,  the  iiiinexcd  reports  from  the  surveyor 
and  assistant  surveyor,  detailing  some  information  they  have  obtained  respecting  the 
inin-lioat  No.  ii'JO.  I  also  ini-lose  a  speeiticati<»n  of  the  cargo  taken  out  by  the  Bahama, 
and  Mliich  there  a[tpears  no  reason  to  doubt  was  trai^f'-rred  to  the  gun-boat. 
KespeetfuUv, 
(Signed)  W.  G.  STUART, 

Asshtaiit  Collector . 

[Inclosnre  1.] 

Mr.  Hussey  to  Mr.  Stuart. 

L  ^'Kisi'OOL,  Nelson  Dock,  Septemhcr  2,  1872. 
Sir:  I  beg  to  state  that  a  steamship  called  the  liahama  arrived  here  last  evening 
from  Aiigra,  (the  caj)ital  of  the  island  of  Terceira,  one  of  the  Azores,)  having  pre- 
viously cleared  from  I^iverpool  for  Na8.saii. 

In  consequence  of  a  paragraph  which  appeared  in  the  newspaper  of  this  morning  in 
reference  to  the  above  vessel,  I  deemed  it  expedient  to  send  for  the  master,  Tessier, 
and  to  iiHiuiio  the  nature  of  the  cargo  shipped  on  board  in  Liverpool.  He  states  that 
he  received  sixteen  cases,  the  contents  of  which  he  did  not  know,  but  presumed  they 
were  anus,  iVc,  and,  after  jiroceeding  to  the  above  port,  transferred  the  sixteen  cases 
to  a  Spanish  vessel,  and  returned  to  Liverjiool  with  a  tjuantity  of  cojxls. 

The  mast'  r  also  states  that,  when  off  tht  Western  Islands,  he  spoke  the  confederate 
;;nn-boai  Alabama,  (No.  2'J(>,  built  in  Mr.  Laud's  yard  at  Birkenhead,)  heavily  armed, 
having  a  10(i-poun<ler  pivot-gun  mounted  at  her  stern,  which  he  believes  is  intended 
to  destroy  some  of  the  sea-port  towns  in  the  Northern  States  of  America. 

The  above  case  having  excited  much  interest  iu  the  port,  I  deemed  it  expedient  to 
report  the  facts  for  your  information. 
Res])ectfully, 
(Signed)  J.  IIUSSEY, 

Assistant  Surveyor. 

[101]  [*Inclo8urc  2.] 

Sji,''zf(Calion  of  shipment  jier  Bahama,  August  11,  18G2. 

Cwts.  qrs.  lbs. 
[B] 

OP    l.—l  case  containing  1  cast-iron  gun weighing    49     1     14 

'2.— 1  case  containing  1  broadside  ciirriage weighing    12    0     14 

'i.—l  case  containing  rammers,  siiouges,  handspikes,  &c weighing      2     1     14 

OP;  1. — 1  case  containing  1  east-iron  gun weighing    49     1     14 

2.— 1  case  containing  1  broadside  carriage weighing     12    0     14 

:S.—1  case  cont.aining  rammers,  sponges,  handspikes,  &c weighing      2    0    10 

OP    ItoG. — 6  cases  containing  r)0  cast  shot weighing     13     1     20 

SOL 

[H] 
h     I  to  G. — G  cases  containing  50  cast  shot weighing    17    2      6 

SOI, 

[in 

B     1. — I  case  containing  brass  veut-covers weighing      0    0      5 

Total  weight IM    1    27 

Total  value,  £220. 

[Inclosuro  :). ) 
Mr.  Morgan  to  Mr.  Stcivart. 

Sl'UVEYOK'8  Oi'-riCE,  SeiUemher  3,  18G2. 

Sir:  I  beg  to  report,  for  your  information,  that  the  British  steamshii»  Bahama,  Tes- 
sier master,  which  vessel  cleared  out  for  Nassau,  and  sailed  on  the  13th  ultimo  with 
mneteen  cases,  contents  as  per  specification  annexed,  lias  retui  ■  •  d  to  this  port,  and 
entered  inwards  in  ballast  from  Angra. 


M 

■Si 


332 


TREATY   OF    WASHINGTON. 


Tlic  niii.stcr  of  her  is  not  disimsed  to  outer  very  freely  into  convorsation  iiimn  the 
Hnl)jt'(;t,  l)iit  iVoni  others  on  board  tlicrc  apiitiiirs  to  be  no  donbt  that  the  canes  above 
rererrecl  to  were  transt'erreil  to  Ihe  j{iin-lioat  No.  'i'.M). 

Cajitain  iScnniics,  I'orinerly  of  the  confederate  steamer  Sumter,  took   iiiissa;;(^  ni  the 
IJuhaiiia,  tof^etlier  with  some  lifty  other   persoiis.  and  they  are  described  as  Iteiii"  tlii; 
lierniaueiit  crttw  of  tlie  2'J(t,  now  known  as  tlie  Ahibama. 
Kespect  fully, 
(Signed)  E.  MOIKJAN, 

SiinTjior. 

The  IJaliaina  ha<l  cleared  for  Xassau  in  the  ordinary  way,  witli  a  carso 
of  munitions  of  war,  whieli  it  was  probaWe  were  intended  for  th(>  Con. 
federate  States,  ller  clearance  antl  departure  presented,  so  far  as  ih-r 
INIajesty's  ^ovennneiit  is  aware,  no  circinnstanees  distin'Miisliiiij^  Ikt 
from  ordinary  blo(!kade-rminers.  No  information  was  e\..  iiiven  or 
representation  made  to  Her  Majesty's  j;overnnient  as  to  this  ship, or  her 
cargo,  before  she  lelt  Jhitish  waters.  Uut  even  had  a  suspicion  existed 
that  the  caroo  was  exported  with  the  li.;;  iition  that  it  should  be  used, 
either  in  the  Confederate  States  or  elsv  where  out  of  ller  ]Majest.y'.s 
dominions,  in  armino-  a  vessel  which  had  been  uidawfully  lifted  in  Eiiff- 
land  for  warlike  enii)loyment,  this  would  not  have  made  it  the  duty  of 
the  oliicers  of  (uistoms  to  detain  her,  or  empowered  them  to  do  so.  Such 
a  transaction  is  uot  a  breach  of  Enolish  Jaw,  nor  is  it  one  which  iler 
]\Iajesty's  government  was  under  any  international  obligation  to  pre- 
vent. 

On  the  .Jth  of  September,  1SG2,  Earl  llussell  received  from  ^Ir.  Adams 
a  note  inclosing  a  letter  from  Mr.  Dudley,  and  also  a  deposition  i)ur- 
l>orting  to  be  made  by  one  Redden,  a  seamon,  who  had  sailed  in  tlie 
Alabama  on  her  outward  voyage,  and  had  returned  in  the  Ijahama  to 
Liveritool.    The  note  and  its  inclosures  were  as  follows:^ 

Mr.  AilaiiiH  to  Earl  llusHell. 

LlAlAJ'IOX   Ol"   TMl':   UXITKl)   SrATKS, 

London,  Sc2)tt'nihcr  -1,  18G2. 

My  Loi!1>:  I  have  the  honor  to  transmit  the  copy  of  a  letter  received  (Voiii  the 
consul  of  tlie  United  States  at  Liverpool,  to^jether  with  a  depositi()n  in  addition  to  tiu; 
others  already  submitted  witli  my  notes  of  the  22d  and  '24th  of  .luly,  ^'oiufi;  to  sliow  tins 

further  j)ros(!cution  of  the  illeji[al  and  hostile  measures  a;>ainst  tlie  United  Statcsiii 
[102]  connection  with  the  outlit  of  the  gun-boat  No.  290  from  t\ui  port  of 'LivurpDul. 

It  now  ai)])ears  tiiat  sui)i)lies  are  in  process  of  transmission  from  Jiere  to  a  vessel 
fitted  out  i'rom  En<j;land,  and  now  sailing  on  the  high  seas,  with  tlie  ]>iratieal  intent  te 
burn  and  destroy  tlie  property  of  the  people  of  the  country  witli  whieii  Her  Majesty  is 
in  alliance  and  friendship.  I  pray  your  lordship's  ]»ardon  if  I  call  your  attention  to  tlie 
fact  tliat  I  have  not  yet  received  any  reply  in  writing  to  the  se",  (jral  notes  and  rejiie- 
sentatioiis  I  have  had  the  honor  to  submit  to  Her  Majesty's  governn)eut  touching  this 
(lagrant  case. 

Keuewing,  &c., 

(Signed)  CHARLES  FRANCIS  ADAMS. 

[luclosure  1.] 


Mr.  Dudley  to  Mr.  Adams. 

UxrrKD  Status  Consulatk, 

Lirvrj)ool,  Septcmlnr  \i,  ISCt'i. 

Sir:  I  have  just  obtained  the  affidavit  of  the  boatswain's  mate  who  shipped  in  mid 
went  out  in  the  No.  290,  now  called  the  Alabama.  I  inclose  it  to  yon,  with  bill  for  liis 
services,  signed  by  Captain  Butcher.  He  returned  on  the  Bahama.  Ho  states  tliat  the 
Alabama  is  to  cruise  on  the  line  of  packets  from  Liverpool  to  New  York  ;  that  Seiiiines 
told  them  so.  This  may  have  been  said  for  the  purpose  of  misleading  us.  The  hark 
that  t«)ok  out  the  guns  and  coal  is  to  carry  out  another  cargo  of  coal  to  her.  It  is  to 
take  it  on  cither  at  Cardiff  or  Troou,  near  Greeuock,  iu  Scotland ;  the  bark  to  nieet 

'  Appendix,  vol.  i,  p.  209. 


CASE    OF   GRFVT    ]$KITAIN. 


333 


tlio  Alabama  near  the  sniiic  island  wliere  tlu*  armament  was  ])iit  on  lioanl.  or  at  least 
in  tliat  iiei};hl''"-lioo(l.     Tiiero  will  be  no  ditliculty  to  get  other  testimony  it'  it  is  re- 

([iiiretl. 

I  am,  &r., 

(Sif,Mied)  TITOS.  H.  DUDLEY. 

I>.  s.— There  were  two  Anieriean  vessels  in  sijrht  when  they  parted  with  the  Alabama, 
wliii'h  Captain  Seinmes  said  he  wonld  tak,-.  Tiiey  no  donbt  wi're  taken  anil  d(!stroyed, 
tlm  (irst-friiits  iVom  this  vessel. 

T.  H.  I). 

[Inclosnre  2.] 
DipoftU'ion  of  H.  livddin. 

Ili'iny  Kedden  says  :  I  residt*  at  1(1  Hook  street,  Vanxhill  rn.'id,  and  am  a  seaman. 

In  Ajdil  last  I  sliipjied  as  boiitswain's  nniteol'a  vessel  lyiiiy;  in  Laird's  doek  at  l'>irk- 
ciilicad,  known  as  'iW,  and  worked  on  lio.'ird  nntil  she  sailed. 

We  saili'd  from  Liverpool  abont  'J'^th  .Inly  ;  Captain  Ihiteher  was  master:  Afr.  liaw, 
a  Kdiitlierner,  was  mate  ;  Mr.  I^awrenet;  Yonn;;  was  parser.  A  Ca])tain  I'liiJIoek  went 
(lilt  with  as,  bnt  left  with  the  ])ilot  at  Giant's  Cove,  near  Londonderry.  Tin're  went 
live  ladies  and  a  nnndiei-  of  gentlemen  went  with  ns  as  I'ar  as  the  ISell  onoy.  AVewent  • 
tiist  to  Moelfra  Bay,  ne  ir  I'oint  Lynas,  when  we  anchored  ami  remained  abont  thirty 
lidiu's.  Tlie  Herenles  tiij;  bronfj;ht  down  abont  forty  men  to  ns  there  ;  noiiiinn' (dse  was 
tlii'ii  taken  on  board.  Her  crew  then  nnnd)ered  ninety  men,  of  whom  thirty-six  wen; 
siiilors,  Siie  iiad  nojvni.son  board  then,  n«)r  )iowder  nor  iinunnnition.  \\'e  left  Moelfra 
ISiiy  on  tlie  'Jhursilay  ni;;ht  at  1*2  o'clock,  and  steered  for  (he  North  Channel,  ^'>■e  dis- 
cliinjiid  ('ai)tain  Unlloek  and  the  i)ilot  on  .Satnrday  afternoon.  We  lirst  steered  oown 
tlic  South  Ciiannelas  faras  Hardsea,  when  we  'hont  ship  and  steered  north.  Fi'om  I'erry 
wfcinisfd  a  lion  t  nnlil  we  arrived  at  Anfjra.ehsven  days  a  Iter  lea\in<;-  lT(dyhea<l.     Abont 

ti)Mr  days   after  we  arrived,  an  English  bark,  ,  Ca]»tain    (^ninn,  arrived  from 

LoikIou  with  six  gnns,  two  of  them  Ort-iionnder  (<me  ritled  and  the  other  smooth-bore) 
pivot  <j;nns,  and  fonr  l}d-]ionnder  breech-ynns,  snn)oth-bore  In-oadsidc^  t;'""^'  '•^"•' '""  •'"" 
liarn'l.s  of  jiowchu',  sevi'ral  cases  of  shot,  a  qinintity  of  slops,  2IM)  t(insof  coal.  Siie  eanjo 
iil()ii}{si(lo  and  ma<le  last.  We  were  anchored  in  An;jra  Hay  abont  a  mile  and  a  half  or 
two  miles  from  shoic  After  being  there  abont  a  week,  and  wiiiii;  we  wen^  takinjj;  the 
yiuis  and  iinnnnnition  on  l)oard,  the  authorities  ordered  ns  away.  We  went  ontside 
and  returned  at  nijiht.  The  baik  was  kept  lashed  aloiiu;side,  ami  we  took  the  renniin- 
(icrof  the  jjnns,  lie.,  on  board  as  we  could.  While  wti  were  dis(iiary;in^  the  bark, 
the  steamer  JJahama,  Ca])tain  Tessier,  arrived  from  Liverpool.  Captain  linlloek.  Caj)- 
tiiiu  .Sennnes.  and  lorty  men  oame  in  her.  She  also  i>r(m;;ht  two  IlV-iionnder  jiuns 
smooth-bore,  and  two  safes  lull  of  nniney  in  gold.  Site  ha;i  a  safe  <ni  board  before, 
taken  on  board  at  JJirkenhead.  The  Bahama  was  Jlymg  the  British  tla<;.  'i'he  Ba- 
liania  towed  the  bark  to  another  place  in  thi'  island,  and  we  followed.  Tiw  next 
inoining  we  were  ordered  away  from  there,  and  went  out  to  sea  nntil  night,  when  we 
rctnrned  to  Angra  Bay.  The  Bahama,  after  towing  the  bark  away  the  (n'cning  of 
her  arrival,  came  back  to  tin;  Alabama,  or '^itO,  in  Angr;'.  Bay,  nnnle  fa>;t  alongside  of 
her,  and  discharged  the  guns  <mi  board  of  ber  and  the  money. 

The  nu'ii  struck  for  wages,  antl  would  not  then  go  on  board.  Thert^  were  fonr  engi- 
neers,a  boatswain,  and  captain's  clerk  named  Snnth,  also  cann-  in  the  Bahama,  and 
thi'v  were  taken  on  board  th»5  same  evening.  All  three  vesstds  continued  to  I'v  the 
liiitish  Hag  the  whole  time.  The. guns  wen;  mounted  as  soon  as  they  wer<i  taken  on 
hoard.  They  were  busy  at  wcuk  getting  them  ami  the  Alab;nna  or  '^IMi  ready  for  light- 
inj;  while  tin;  Jhihama  ami  the  liark  were  alongside.  On  tiie  Sinnhiy  afternoon  fol- 
lowing (last  Sunday  week)  Captain  Sennnes  calle<l  all  hamis  aft,  and  the  confederate. 
Hag  was  hoisted,  the  baml  playing  "  Dixie's  Laml."'  Captain  Sennnes  addressed  the 
nieu,  and  said  he  was  <leranged  in  his  ndnd  to  see  his  conntiy  going  to  ruin,  and  had  to 
steal  out  of  IJverpool  lik(;  a  thief.  That  instead  of  them  wat(hing  him  he  was  now 
Koing  after  them.  He  wanted  all  of  ns  to  .join  him  ;  that  h«^  was  going  to  sink,  burn, 
iuid  destroy  all  his  liuenne.s'  property,  and  tlnit  any  tinit  went  with  him  was  entitled  to 
two-twentieths  prize-nu)ney  ;  it  did  not  matter  wln^ther  the  prize  was  suid<,  or  bnined, 
or  .sold,  th(i  ])ri/.e-money  was  to  be  ])aid.  That  there  were  only  fimr  or  five 
[10;{]  northern  ships  tb.'it  he  was  afraid  of.  *He  said  he  did  not  want  any  to  go  that 
were  not  willing  to  light,  and  there  was  a  steaimT  alongside  t(t  take  them  liack  if 
they  were  not  willing. 

Tlie  vessel  was  all  this  time  steaming  to  sea,  with  the  Bahama  at  a  short  distance. 
Forty-eight  men,  most  of  th«'in  liremen,  refused  to  go,  and  an  hour  afterwanl  were 
put  on  hoard  the  Kabnnia.  I  refu.sed  to  go,  and  came  back  with  the  rest  in  the 
hahania.  Captain  Butcher,  Captain  BuUock,  and  all  the  English  enginetMs  came  with 
118,  and  landed  here  on  Monday  morning.  When  we  left  the  Alabama  she  was  all 
ready  for  lighting,  and  steering  to  sea.  1  beard  Captain  Sennnes  say  be  was  going  to 
ciuiso  in  the  track  of  the  ships  going  from  New  York  to  Liverpool,  and  Liverpool  to 


m 


334 


TREATY    OF    WASHINGTON. 


New  York.  Tlie  Alalianm  nevor  Htonino*!  while  I  was  in  her  more  thnii  pIovoii  knots 
and  ciiniKit  make  any  more.  We  Hi^rned  articles  while  in  Moellra  Hay  for  Nassau  lir 
an  inlcrniediate  i»ort.  Captain  IJiitcher  got  us  to  siKii.  Tlie  ind\  i.sions  wtn- jiiit  on 
board  at  Laird's  yard  liel'ore  sailing;  tlu-y  were  for  six  montlis.  When  we  li-ft  henslio 
had  alioiit  ninety  men,  and  eight  guns  mounted,  three  on  eaeh  side  and  two  iiivots 

(.Signed)  IIKXUY  KKDDEX. 

Declared  and  subscribed  at  Liverpool  aforesaid,  the  3d  day  of  September,  1-^^02,  Ijc- 
fore  me. 

(Signed)  WILLIAM  G.  BATHSON, 

Nofary  rublic,  and  a  CommisHioHcr  to  Jdmininkr  Uallm  in  Chunccrij. 

Account. 

August  ;U. — Henrv  Redden,  at  £6  per  month: 

.C     ».  ,1. 

One  month  and  five  days,  at  4« 7     (i   ii 

Advance,  jCO  ;  tobacco,  Ix.  tl(i <)      1    « 

Amount  duo 0    18   4 


MATTHEW  JAMES  BITTCHEU, 

Matter  of  iSteamnhij)  290. 


(Signed) 
Earl  Eussell,  on  the  22(1  September,  18C2,  replied  as  follows  i^ 


Earl  Russell  to  Mr.  Adams. 

FoiiKiGX  Okfice,  Septemher  2'i,  186'2. 

Sii! :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the  4th  iimtaiit 
inclosing  a  copy  of  a  letter  from  the  United  States  consul  at  Liverpool,  together  with 
the  deposition  of  Henry  Redden,  respecting  the  supply  of  cannon  an«l  munitions  (if 
war  to  the  gun-boat  No.  'iW.  Yon  also  call  attention  to  tlie  ia<;t  that  you  havi^  not  yet 
received  any  reply  to  the  representations  yon  have  addressed  to  Her  Majesty's  govoni- 
uient  upon  tlie  subject. 

I  had  the  honor,  in  :uknowledging  the  receipt  of  your  letter  of  the  '^M  of  .June,  to 
state  to  yon  that  the  matter  had  been  referre<l  to  the  jiroper  dejiartuu'nt  of  Her 
Majesty's  government  for  investigation.  Your  subsequent  letters  were  also  at  once 
forwarded  to  that  dei>artinent,  but,  as  yo\i  were  informed  in  my  letter  of  Iht; '<Jj^tli  of 
July,  it  was  reipiisite,  bi't'ore  ■•my  active  steps  c(ndd  be  taken  in  tlie  matter,  to  consult 
the  law-otlicers  of  the  Crown.  Tiiis  could  not  bo  done  until  sutheient  evidence  bad 
been  collected,  and  from  the  nature  of  the  case  some  tinu!  was  necessarily  spent  in 
procuring  it.  The  rejtort  of  the  law-oUicers  was  not  received  until  the  'JDtii  of  July, 
and  (Ml  liie  same  day  a  teh'grai>hic  message  was  fowarded  to  Her  Majesty's  govern- 
ment stating  that  the  vessel  had  sailed  that  morning.  Instructions  wen;  then  dis- 
patcheil  to  Ireland  to  detain  the  vessel  should  she  put  into  Queeiistown,  and  similar 
instructions  have  been  sent  to  the  governor  of  the  Bahamas  in  case  of  her  visitin;; 
Nassau.  It  appears,  however,  that  the  vessel  did  not  go  to  Queenstowu,  as  bad 
boeii  expecte<l,  and  nothing  has  been  since  heard  of  her  movements. 

Till,  olliceis  of  customs  will  now  bo  directed  to  report  upon  the  further  evidence 
forwarded  by  you,  and  I  shall  not  fail  to  inform  you  of  the  rt;sult  of  the  impiiry. 
1  am,  Ac, 
(Signed)  RUSSELL. 

Mr.  Adams's  note,  with  its  inclosiires,  having  been  referred  to  the 
commis.sioners  of  cnstoms,  tbej^,  on  the  25th  September,  1802,  reported 
as  follows  :^ 

The  commissioners  of  customs  to  the  lords  commissioners  of  the  treasury. 

CusTOM-HousK,  September  25,  lsC'2. 

Your  lordships  having,  by  Mr.  Arbnthnot's  letter  of  the  Kith  instant,  transmitted  to 

us,  with  reference  to  Mr.  Hamilton's  letter  of  the  2d  ultimo,  the  inclosed  coimiiiniicu- 

tiou  from  the  Foreign  Ottice,  with  copies  of  a  further  letter,  and  its  inelosnres,  from  the 

United  States  minister  at  this  court  respecting  the  supply  of  cannon  and  niiiui- 

[104]  tions  of  war  to  the  gun-boat  No.  290,  recently  built  at  'Liverpo{)l,  and  now  in  the 

service  of  the  so-called  Confederate  States  of  America,  and  your  lordships  having 

desired  that  wo  would  take  such  steps  as  might  seem  to  be  required  in  view  of  tlio 

facts  therein  represented,  and  report  the  result  to  your  lor.lshipB— 


'Appendix,  vol.  i,  p.  211. 


« Ibid,  p.  213. 


CASE   OF   GREAT   BRITAIN. 


335 


c 

». 

(/. 

7 

(1 

II 

() 

1 

S 

0 

18 

4 

— 





We  liave  now  to  report : 

Tlint.  iisHiiiniiiK  tin-  Mtati'iiifiits  net  forth  in  tlio  alliilavit  of  RcddiMi  (who  saih'fl  from 
Liverpiml  in  the  vessel)  wliieh  aecoiniianied  Mr.  Adam's  letter  to  Earl  Russell  to  bo 
correet,  the  furniHhinK  of  arms,  &v.,  to  tho  jjnn-boat  does  not  appear  to  have  taken 
iiliice  in  any  part  of  the  United  Kiii}j;doni,  or  of  Her  Majesty's  dominions,  bnt  in  or  near 
to  Aiijjra  Hay.  in  the  Azores,  part  of  the  l'ortnjj;neso  dominions.  No  olfense,  therefore, 
coijni/.iihle  liy  the  laws  of  this  country  api)ears  to  have  been  eommitted  by  tlie  parties 
eiiirii^red  in  the  transactions  alluded  to  in  theaftldavit. 

With  respect  to  the  alleviation  of  liedden  that  the  arms,  &c.,  were  ship])ed  on  lioard 
the  -".I"  in  Anjira  May,  jiartiy  from  a  baik  (name  not  K'^^'n)  wliicli  arrived  tliere  from 
London,  connninided  by  Captain  Qninu,  and  jiartly  from  the  steamer  IJaliama,  from 
Liverpool,  we  bcji;  to  state  tliat  no  vessel  havinj;  a  nnister  named  (^ninn  can  lie  traced 
as  havinji  sai!<-<l  from  this  ])ort  for  foreign  parts  duriuj^  tho  last  six  mcniths.  Tho 
Knijiht  Krrant.  Cajitaiu  Qnine,  a  vessel  <if  l.IWi  tons  burden,  cleared  for  Calcutta  on 
tiie  Ivitii  Ajiril  last  with  a  }5(;n(!ral  carj^o,  such  as  usually  exjiortcd  to  tlic  Dast  Indies, 
but,  so  far  as  can  be  ascertained  from  the  entries,  she  had  neither  ^uni)owder  nor  cannon 
uii  lioiinl. 

The  Hidiama  steamer  cleared  from  Liverpool  on  tho  I2th  ultimo  for  Xassan.  We  find 
tbat  .Messrs  I'awcett,  I'reston  and  Co.,  enj^ini-ers  an<l  iron-founders,  of  Liverpool, 
siiippedon  boaitl  that  vessel  nineteen  cases  containinj;  guns,  ^uu-cariia<ics,  shot,  ram- 
iniis.  Ac  weij;hiuf5  in  all  l.")H  cwt.  1  qr.  '^7  lbs.  There  was  no  otlu'r  ear;;!)  on  board, 
exfeiitiii;;' .").')'J  tons  of  coals  hu'  the  use  of  the  ship;  and  the  above-nienlioned  j;oods 
liaviii;;  Ixcii  rej>ularly  cleared  for  Nassau  in  «'oinidiance  with  the  customs  laws,  our 
(tttiftrs  {(luld  luive  no  jiower  to  interfere  with  their  shipment. 

Witli  reference  to  the  further  statenu-nt  in  the  letter  of  Mr.  Dudley,  the  consul  of 
tiic  United  .Sfiites  at  Liveriiool,  that  the  bark  that  took  out  the  fjuns  and  coal  is  to 
carry  out  anoliiei'  earjio  of  coal  to  the  ^iin-boat  '<JIK»,  either  from  Cardiff  or  Troon,  ui-ar 
(ireenock,  wc  have  only  to  renuirk  that  there  would  be  yreat  difticulfy  in  asceitainiuK 
the  intention  of  any  jtarties  makiufi;  such  a  shipment,  and  wo  do  not  appn^luMul  that 
onr  oflicers  woidd  have  any  power  of  interferinji  Avilh  it  wore  tho  coals  cleared  out- 


ward tor  sonu-  foreign  port  in  compliance  with  the  law. 
(Signed) 


F.  OOULIU'RN. 
W.  K.  CKEV. 


A  copy  of  this  report  wa.s  sent  to  Mr.  Adams  by  EavrEnsscll. 

As  to  tlie  vessel  stated  in  Kedden's  depo.sition  to  have  been  eom- 
maiidedbya  Captain  Qninn,  slie  may  perha[>s  have  been  the  A^rippina, 
McCJiieen,  master,  which  ai)pears,  by  the  regi.ster  of  eU'arances  iit'pt  in 
tlie  i)ort  of  London,  to  have  cleared  from  that  port  for  J^emerara  in 
Aiifjust.  ISOli. 

Her  iJritannic  Majesty's  fjovornment  lias  reason  to  bcMeve  that 
Butclicr,  while  the  vessel  afterward  called  the  Alabama  was  in  the 
waters  of  the  Azores,  falsely  stated  both  to  the  Portnyuese  ofticiais  and 
to  the  liritish  vice-consnl  that  she  was  the  steamship  Barcelona,  from 
London  to  >;a.ssan,  and  that  he  desired  only  to  coal  the  vessel  in  smooth 
water,  having"  no  occasion  to  commnnicate  with  the  town.  These  false 
statements  were  made  in  order  to  escape  interference  on  the  part  of  the 
authorities  of  Terceira. 

Depositions  i)urporting  to  be  made  by  other  persons  who  had  taken 
service  in  the  Alabama,  and  had  afterward  left  that  ship  durin<?  her 
cruise,  were  afterward  furni.shed  to  Her  Majesty's  government  by  Mr. 
Adams.  Among  these  was  a  depo.sition  purporting  to  be  made  by  one 
John  Latham,  part  of  which  was  as  follows :' 

Deposition  of  John  Latham. 
[Extract.] 

I,  John  Latliam,  of  3G  Jasper  street,  Liverpool,  in  tho  county  of  Lancaster,  engineer, 
make  oath  aiu)  say  as  follows ; 

1.  About  tile  8th  or  lOtb  of  August,  1862,  I  signed  articles  at  tho  Sailors'  Home,  Liv- 
erpool, to  ship  in  the  steauishix^  Rabauia,  Captain  Tessier,  for  a  voyage  to  Nassau  and 
hack.    The  liahaiua  went  out  of  the  Braniley  Moore  dock  tho  same  night  about  12 

1  Appendix,  vol.  i,  p.  226. 


'ii^-'-'m 


■I',  M^r-:^:'.  '«igi 


■,,   ■:?' 


3.^.6 


TREATY    or    WASHINGTON. 


o'clock,  ami  went  into  Hit?  livcii-  ami  lay  to,    Captiiin  Si-uumm,  Ciintain  Janus  |).  n,, 
lo;.'W.  and  Moint-  ollnu*  otlicci'H  canin  on  Itoanl,  and  aUont  lialf  past  7  o'clork  a.  ni.  a  t 


M«- 


Vdll 

•piir 


lioat  i-anir  alon^sidt)  with  some  seamen  on  lioard;  tlie  tugboat  aceoniiianied  ih  oin 
about  fen  miles.  The  tiij;  then  left  ns,  atnl  a  fall  j;infli'niiin,  witii  a  n-iMisii  r.i.r  ami 
]iock  niaiki'il,  wlio  eanui  from  Cnnard.  Wilson  ».V.  (Jo.'s  olliee,  lefi  us  and  went  intu 
the  tn^ :  as  lie  left  ns  lu;  said,  "  I  liojie  yon  will  make  a  <j;oiid  f  liinj;  of  it,  and  th;if 
■will  stop  where  yon  are  yoinj;  to."  We  then  proceeded  on  onr  voya'^e.  ami  >to(iil 
Home  days,  when  we  found  wtf  were  ;ioini;'  to  the  Western  Isles. 

2.  Aliont  the  I7th  or  l^th  of  .\nf;nst,  we  arrived  at  Ter<'(!ira,  and  we  tlii'ii^  fniiiid  tin- 
Alabama  and  thr  bark  .\;^rippina.  Captain  liutcher,  who  was  on  board  tin-  Mil)  uii  i. 
liaihMl  ns  and  told  ns  to  ^o  round  the  island,  and  he  wonlil  be  after  in,  lini  it  wniilil 
take  them  tlir.'e-(|narlers  of  an  hour  to  jjet  his  steam  up.     We  >«  eiit  on,  and  in-  f.illiwcl 

'  "    1  MIM,  til.. 

,  .  "in.iiiiiiijr, 

In  tin-  mornin.(  w.-  went  alonj^^ide  the  Alabama,  and  som  ■  sm  ill  ea-n'-i  .unl  asij. 


ns,  and  tlK^.Vhiltainawont  under  the  lee  (d'tho  island,  ami. isliol  was  lir  il 
[lO.'i]   liahanm's  bows  from  a  battery  on  shori-,  so  wt- stoppi-d  out  iinlil  tli.' 


containing  monry  was  passed  into  the  Alabama  from  oiii'  ship,  and  we  then  p  utiil  im,! 
tundiored  a  lit  tie  distanei;  from  her,  and  the.  I»ark  A^rippina  went  an.l  dis  •imi'iji'il 
the  remainder  of  hrr  ear;.(o  into  the  Al.'ibama.  Dnriny;  tiiis  time  Captain  .-s  Mniie-s  ami 
Captain  liiillofd;  were  f;(dn;^  ba(d<ward  and  forward  to  the,  .Vlabama,  but  wo  il  I  imt 
let  any  of  the  ollieers  ^o.     On  .Sunday,  the  •,;tth  of  .Vuj^nst,  ('.ipt.ain  .Smii'ii's 


hoard  the  Itahania,  ami  ealleil  ns  under  the  brid'^e,  he  himself  and  theoli 


eiiii 


i^li 


on  the  bridjie  :  he  aildressed  us  and  said,  "  N(»w,  my  lads,  thero  is  tin-  ship,"  (|ii>iiitiii;' 
to  fill!  Alabama  :)  "she,  is  as  fine  a  vessel  as  e\-er  lioated  ;  there  is  aeh.inc,-  which  si'l.l  nil 
offers  itself  to  a  Mritish  si^aman,  that  is,  to  make  .a  little  money.  Iain  not  ;,'i)j;i;,'  t.i 
]int  you  .alongside  of  a  frijjate  at  first;  but  irftcr  I  have  jfof,  yon  drilled  a  litlh'.  I  wjH 
yive  you  a  nice  little  fi<;lit."  He  said,  "  There  tire  only  six  ships  th.af  lam  at'iMiil  ni' 
in  th(!  rnited  .*^tafes  Navy."  He  said,  "  We  are  f^oinji;  to  burn,  sink,  .and  drsn.iy  tli.. 
commereir  of  the  rnited  States;  your  pri/e-mmiey  will  be  divided  propi)r(ini;ifcly  u... 
cordinj;  to  ea(  h  man's  rank,  .sonn^thinjf  similar  to  t\u^  lhi;j[lish  n.ivy. 


.^oineof  the  iii..|| 
objecfed.  I»eiii<;  naval  ii'servo  men.  Captain  Senimes  said,  "Never  mind  tiiat.  I  will 
make  flial  allrijiht:  I  will  imt  yon  in  Knyilish  ports  where  you  can  ^^ct  yoiir  Imok 
signed  every  three  months."  He  then  said,  "  Tlu-re '.s  .Mr.  Kell  on  the  deck,  ami  nil 
those  who  are  .desirous  of  f^oinjj;  with  me  let+''ein  <;()  iift  and  ijive  Mr.  Kell  their  iiaiiii-;." 
A  jtreal  many  went  aft,  but  some  refused.  A  boat  eaine  from  the  Alabama,  .iinl  tlids.. 
■who  had  agreed  to  <^o  went  on  l)(>ard.  Captain  Stanmes  .and  the  oflicers  went  on  licifd. 
!Mr.  Low,  the  ioiirth  lieutenant,  tinm  appiiared  in  uniform,  and  he  eame  on  board  tin- 
ISahama.  eiidiMivorinij;  to  induce  the  men  to  comi;  forward  and  .j(»in,  and  h 
in  fi;etti!i!;  fiie  l)est  part  of  ns.     I  was  oiu!  who  went  at  the  last  ininuti 


c  siii'cei'ili'i 


w 


I  fj.lt 


on  board  the  .Vlabama,  I  found  a  jj;reat  niimbi'rof  men  that  hail  j^.)ne  on  b:)i:d  of  li 
fnnii  Liverpool.  (Japtiiin  .Seinmes  tln^n  iiddressed  ns  on  board  thi'  .\lal)am:i,  a'l  I  ('a|i- 
tain  Hntcher  was  there  .also,  who  had  taken  the  viissid  out.  Caytiiin  S^-inin-s  said  li.' 
hoped  ••  we  should  all  eouteut  ourselves  and  be  ci)mfort;il)le,  one  amni;^;  !iai)t!ii'r;  hut 
any  of  yon  that  thinks  he  cannot  stand  to  his  f^nn  I  don't  want."  II  ■,  th.-ii  callc  1  tin' 
imr.ser,  and  sindi  as  iiji;reed  to  serve  si^fiied  iirtieles  on  the  companion-hatch,  aad  (iii 
si}{nin;;fhe  men  received  either  two  months'  jtay  in  advance,  or  owv  monlli's  wa^^esainl 
a  half-i>ay  note.  I  took  a  month's  wiiy;es  and  a  half-pay  note  for  Jl':?  lu..*.  a  niuntli  in 
favor  of"  my  wife,  .Martha  Latlnim,  ID  Wellinjftou  street,  .Swansea  ;  f  he  not  ■  w.is  drawn 
on  Fraser,  Tn-nholm  &  Co.,  of  Liverpool,  but  it  was  paid  at  Mr.  Ivlin<;endei's.  in  Livcr- 
jiool ;  the  note  was  si<j;ned  by  Captain  Senirties,  Yonj^e,  who  w.is  the  pavin:ister,  .iinl 
Sniitii,  the  captain's  clerk.  I  .sent  C">  and  this  half-pay  note  ashori!  l>y  C:iiitaiii  Hiil- 
loek,  .and  he  forwarded  it  with  a  letter  to  my  wife. 

;{.  t'aptain  I'ulloek,  on  the  passajje  <nit,  iind  afcm-  we  iirrived  at  Tereeira,  nsi-d  arijii- 
nients  to  induce  us  to  join  the  Alabama.  On  several  occasions  ho  advised  ns,  ami 
iir<?ed  the  nu-n  to  join. 

4.  As  soon  .as  the  men  who  had  consented  to  f;o  had  all  signed  arti(des,  the  Eau;lis!i 
ensiffii  which  tins  Alabama  had  been  llyiiifi  was  pulled  down,  and  th"  confederate  tiai; 
hoisted,  andaj;nn  was  tired.     The  men  who  declined  joiniuj^  left  the  ship  with  Cap 
tains  Hnllock  and  Butcher  for  the  IJahama,  and  we  proceeded  uiuli-r  the  coaiiuaml  "f 
Cai»taiii  Semme.s. 

Hor  ^iMiijost.v^s  governjnent  lu'itlior  aflfinns  nor  denies  the  truth  of  tbo 
statements  of  these  persons,  some  of  whieh  statement.s,  however,  it  has 
reason  to  believe  to  be  ineorrect.  IJiit  Hi-r  jMajesty's  j>overinnent  be- 
lieve.s  it  to  be  trne  that  the  vessel  known  at  first  as  the  !il)0,  and  after- 
wards as  the  Alabama,  having?  left  Her  Majesty's  dominions  niianned, 
was  armed  for  war  after  arriving  at  the  Azores,  either  wholly  in  Portu- 
gnese  waters,  or  partly  in  Portuguese  waters  and  i)artly  on  the  high 
seas :  that  her  crew  were,  after  her  arrival  in  the  Azores,  hired  and 


CASE    OF   OKEAT    1U{ITAL\. 


337 


sifjiu'd  nrtit'U's  for  service  in  the  eoiiftMlerate  navy,  eitlier  in  I'oi tiijjiie.se 
waters  or  on  tiie  high  sea.s;  that  Captain  Senunes  took  conmiantl  of  her 
alter  she  arrive«l  at  Ishb  Azores  ;  and  tliat,  after  slie  had  been  armed  as 
afidesaitl,  she  was  coniinissioned  (l>einy'  then  out  of  the  dominions  of 
IK'i'  IJiitannie  i\[a.)esty)  as  a  ship  ol'  war  of  the  Confederate  States.  Jler 
(iiptaiu  and  otlicers  were,  as  Her  Majesty's  government  behevea,  all 
Aineriean  citizens,  and  were  at  the  time  eommissioncd  ollicers  in  the 
(oiiliMU'rate  service,  except  the  assistant  snrfjcon,  wlio  was  a  British 
suhjeet.  .John  Low,  one  of  tl«e  lientenants,  who  lias  been  stated  to  have 
Itccu  ail  ICiij;lisliman,  was,  as  llcr  Majesty's  |i>dvcrnment  believes,  a 
citizen  of  the  State  of  (leorjiia.  Of  the  <'ommoii  seamen  and  petty  olli- 
cers Jler  Majesty's  government  believes  that  a  consideraltle  nnml>er 
were  Ihitish  subjects,  who  weie  induced  by  Captain  Semmes  (himself 
4111  American  citizen)  to  take  service  under  him;  but  the  slii[>'s company 
was  afterward  largely  increased  by  the  addition  of  many  American 
seaineii,  drawn  from  the  crews  of  United  States  vess<'ls  captured  by  the 
Alabama  during  her  cruise.  In  this  way  her  crew,  which  is  stated  to 
liave  numbered  about  .S4  men  when  the  ship  left  the  Azores,  had  in- 
creased to  nearly  150  when  she  ariived  at  Martinique. 

Ill  the  above-mentioned  deposition  of  .lohn  Latham,  which  was  re- 
ceived by  Her  iNLijesty's  government  from  IMr.  Adams  on  the  13th 
January,  1804,  it  was  state<l  that  a  (!onsiderable  number  of  the  seamen 
who  had  been  induced  to  take  service  in  the  ship  belonged  to  the  royal 
naval  reserve  ;  and  a  list  or  schedule  was  given,  purporting  to  be  a  list 
<it'  the  crew,  and  to  specify  the  names  of  nineteen  such  seamen.  In- 
([uiries  were  thereupon  nnule  at  the  admiralty  with  reference  to  the 
matter,  and  the  subjoined  letters,  addressed  by  the  secretary  of  that 
(lepartiiient  to  one  of  the  under  secretaries  of  state  for  I'oreign  aft'airs, 
show  both  what  steps  had  been  previously  taken  by  the  lords 
[10(1]  *commissioners  of  the  admiralty,  and  what  was  afterward  done 
ill  consc<iuenee  of  such  imiuirie;^ :' 

The  swrctartj  to  the  adnuralty  to  Mr.  Hummoiid. 

Admihai.tv,  Jitiieii,  18G4. 

Siii:  With  reference  to  your  letter  of  the  2lst  instiint,  relative  to  tho  statement  that 
iiiiiiiy  of  the  crew  of  the  late  coiifedorate  ship  Alabama  were  naval-reserve  men,  I  am 
<oiiimaii(le(l  by  my  lords  commissiouers  of  the  ailmiralty  to  acquaint  you,  for  the  iu- 
t'orinatioii  of  Karl  Russell,  that  the  only  men  who  were  suspected  of  |  having  joined 
confederate  vessels,  and  who  were  ascertained  to  be  improperly  absent,  were  discharged 
from  the  naval-reserve  force  on  the  iioth  January  last. 

My  lords,  however,  concur  with  his  lordship  that  it  will  bo  desirable  to  ascertain 
whether  any  of  the  men  on  board  the  Alabama  did  belong  to  the  naval  reserve,  and 
tliey  will  take  the  necessary  steps  as  reiinested. 
I  nin,  t&c, 

(Signed)  C.  PAGET. 

^The  secretary  to  the  admiralty  to  Mr.  Hammoud.- 

Admujalty,  January  29,  1864. 
Slit :  111  reply  to  your  letter  of  the  22d  instant,  respecting  the  naval-reserve  men  who 
are  said  to  form  part  of  the  crew  of  the  confederate  steamship  Alabama,  I  am  com- 
manded by  my  lords  commissioners  of  the  admiralty  to  acquaint  you,  for  the  informa- 
tion of  Earl  Russell,  that  only  three  of  the  nineteen  men  described  in  the  printed  list 
iw  naval  reserve  men  can  be  ideutifled,  viz :  David  Roach,  Peter  Hughes,  and  Michael 
Mars ;  and,  of  those  three,  the  last  (Mars)  has  been  already  discharged,  in  consequeuoo 
of  Laving  joined  the  Alabama,  as  will  bo  seen  by  the  inclosed  copy  of  a  report  from  the 
registrar-general  of  seamen,  who  lias  been  directed  to  make  in(iuiries  on  the  subject. 
I  return  the  printed  list  of  the  crew,  which  accompanied  your  letter,  with  the  regis- 
trar-general's notations  against  the  names. 
1  am,  &c., 
(Signed)  C.  PAGET. 


'  Appendix,  vol.  i,  p.  237. 
22  A 


nbid.,  p.  233. 


338  TKKATY    OF    WAHHINGTOX. 

Mv.  Mayo  to  the  commixlure  iomfitroUir-gcncrnl  of  the  voaHl-giiard. 

(jlK.NT.itAi,  RK<iisrKii  .\M»  l»i:('«»i(i)  ()i'ii«K  OK  Si:a.mi:n, 

Janunry'il,  \-{\\. 
Rik:  In  acroKliuicc  witli  tli<*  rc<|iH'Ht  contaiiu'tl  in  yonr  letter  <»f  the  tirifli  instant,  I 
lio);  to  a<'(|naint  yon,  for  tlie  inl'onnation  of  tliu  IokIh  cnninnHNionerH  of  tlie  atiniiniltv. 
Iliat  tilt!  ie<;iKtei-li()okH  of  tlio  royal  naval  reserve  liavo  been  searclied,  with  a  view  iit 
iisecrlainiiiK  wliellier  tlu!  nineteen  men  deKeribed  in  the  annexed  list  as  ((inniiiy  |»uii 
of  tlio  (Tew  of  the  Alabaniu  belonjj  to  the  royal  nuvul  reserve,  uml  the  foUowinjr'i.s  ilu- 
lesnlt  of  the  inveHtij;ation : 

.  A  Heaman  of  tlio  name  of  David  Roach  (R.  N.  R.  No.  U1H9)  Ih  reported  to  liave  httn 
at  Liverpool  on  the  yd  of  October,  1H(W,  and  u  HeanuiJi  of  the  iianio  of  I'eter  Ilii;;iii's  (i;, 
N.  \{.  No.  1(H410  i.s  rei)orte<l  t(»  havo  been  disclnir^jed  from  tlie  Groat  KaNterii,  at  Livti- 
pool,onth<!  Kitli  June,  lH(i'.J.  Ah  no  Hiilmetiuen  t  acL-(nintiiaH  been  received  of  eitln^r  of  t  hern- 
naval-reserve  men,  it  is  possilde  that  tliey  may  betliesanie  iiii-n  as  David  Roach  tinil  r.ti  i 
Unfiles  described  in  the  accom]>anyin;;  list  of  the  crew  of  tlie  Alabama  ;  but  oi'  tiiJN  I 
have  no  proot'. 

A  Hcannin  of  the  name  of  Michael  Mars  formerly  belonfjed  to  tlio  royal  naval  rcscivr. 
but  ho  was  discharged  from  the  force,  in  coiiscquenc^e  of  having  Joined  the  Ahil)aniii. 
With  regard  to  tlie  remaining  sixteen  nnui,  who  are  said  to  be  iiieiiibeis  of  the  invnl 
naval  reserve,  I  have*  to  state  that  I  have  not  been  able  to  trace  tiieni  in  our  Imoks  liy 
the  names  given.  No  persons  of  tho  natncN  of  William  Itrinton,  ISrent  .lolinson,  Sanniel 
Henry,  Joiin  Duggan,  JoHejdi  Connor,  William  I'mdy,  Malcidm  Macfailanc.  .biini 
Kmory,  William  Neviiis,  and  William  Ilearn,  have  been  enrolled  in  the  rttserve.aiid  1  am 
unable  to  iiuh'iitil'y  as  members  oft  In;  royal  naval  reserve  th<^  seamen  serving  <ui  liomdilii 
Alabama  in  the  following  names,  for  the  reasons  given  :  William  C'ra\vtor<l,  native  aiiil 
residt^ut  of  Aberdeen,  and  not  of  Liverpool ;  James  Smith,  thirty-two  eiirullid  of  tln^ 
name;  J(din  Neil,  sailed  in  (ioldtinder,  lltli  April,  \f*\Vi — no  account  since;  'rii(iiii;i« 
Williams,  seveiitcin  eiiiolled  of  this  name:  Robert  Williams,  six  enrolled  of  tliis  nann 

I  have,  \('., 

(Sign<'d)  F.  MWi),  Hi iiinlr(ii-(l('iiiioL 

Thf  wvrefanj  to  the  admirnlty  to  Mr.  Ifiunmond.' 

Al>MII!AI.TY,  .//(/.(/  v'7,  1^(1!. 

SiK :  I  Jiin  c(Miiniaiided  by  my  lords  CMunmissioiiers  of  the  admiralty  to  ai(|Miiiiit 
you.  for  the  iiifoimation  of  Earl  Russell,  that  the  board  of  trade  have  snccriiiiMl  in 
iilentifyiiig  three  of  the  late  confederate  shij)  Alabama's  men  as  naval-resei  ve  nu n 
viz,  Thomas  McMillan,  Peter  Hughes,  Charles  Seymour,  and  that  their  liu(l.sliii)s  l.iiM 
«)rdered  them  to  bt;  dismissed  fi(mi  the  force. 
I  am,  iVc, 
(Signed)  W.  C.  IfOMAINK. 

[107]  *Witli  res])e(*t  to  the  o:rojit('r  niiinbor  of  the  iiauu's  ciifcrcd  in 
tlie  aloresiiid  .schedule,  if  was  iomid  that  no  jjersoiis  heariii;: 
those  names  had  in  fact  been  enrolled  in  the  naval  reserve. 

The  subsequent  history  of  the  Alabama,  so  far  as  it  is  known  to  Ikr 
Britannic  ^AFaJesty's  ooverninent,  from  the  reports  of  its  colonitil  olliceis 
and  irom  other  sources,  is  as  follows  : 

On  or  about  the  18th  of  November,  18(52,  the  Alabama  ariivcd  »: 
Martinique,  and  anchored  in  the  harbor  of  Fort  de  France,  wlicic  she 
received  i»ermission  from  the  governor  to  remain  for  such  time  as  slio 
needed,  and  to  land  her  i)risoners.  Her  IJritannlc  Majesty's  consul  iir 
yaint  IMerre,  in  a  rei)ort  made  at  the  time,  stated  that  shortly  beloiv 
lier  arrival,  suspecting  that  preparations  were  being  made  for  her  to  coal 
there,  he  had  communicated  the  grounds  of  his  belief  to  the  gmenioi. 
The  following  is  an  extract  from  the  report : 

I  next  doeui  it  proper  to  acquaint  the  govornor  with  what  I  had  .just  leaiiiitl.  H'' 
did  not  Hccni  nun  li  siirjuised,  and  observed  that,  if  the  Alabama  came  into  imrt,  li'' 
■would  act  exactly  as  he  had  dor.e  on  a  former  occasion  in  the  case  of  the  Sninter,  wlitii 
the  French  govevuiueiit  had  altogether  approved  of  the  measures  he  had  taken  in  n- 
gard  to  that  vessel. 

The  Alabama  remained  at  Fort  de  France  till  thfe  evening  of  the  I'Jtb,. 

'  Appendix,  vol.  i,  p.  2i<7. 


CAHF.    OF    (JUKAT    HKITAIN. 


;»;{!) 


to  llt'l 

<»tli<'Ois 

lived  ;i: 
lii'ic  sl»' 


the  lOtli.. 


when  slio  put  to  sea,  eliuliii«j  tlie  piiiHiiit  of  tlie  United  States  war- 
steuiiiei-  Sail  tFa<'iiito,  which  was  keepiiifj  wat<!h  for  her  within  view  of 
tin'  siion',  but  oiiiside  of  the  tiTiitorial  waters  of  tht^  ishind. 

Oil  the  2(Kli  of  .lanuar.v,  l.S(i:S,  the  Ahibaina  eainu  into  tlio  Iiurhor  of 
Port  Ko.val,  .laniaiea,  and  hei'  connnander  applied  for  leave  to  land  the 
|iiis(tiieis  he  had  nnule  in  his  recent  en{j:aK*'nient  with  the  United  States 
war-stcainer  Ilatteras.  This  application  was  ;;ranted  by  the  lieutenant- 
('(ivernor,  in  the  tollowiny  letter  to  (Joinniodore  Dnnlop,  the  seJiior  naval 
oIliciT  at  the  i»ort :'  « 

lAviikuaiit-durcniur  Etji'v  to  Cimiiitixlort  lliiiilop. 

Ki.sn'.s  ]li>\SE,  .hiiiiiarn  2\,  lHii;{. 

SiH  :  1  liiiv»(  the  lioiior  to  ii(kii(»\vl('(l;;ii  tlu'  rtM^flipt  <»f  your  Icttt^r  of  tlm  '2\H  iiiHtant, 
and  \»'ii  to  ac<|iiuiiit  yoii,  in  ri'ply,  that,  haviii^r  consiiltfil  with  the  atloiin'y-yi'iitMal,  1 
(1(»  not  set)  any  jiioiiiulH  lor  ohji-ctinf^  to  thu  lauiliiii;  of  the  inisoiicrs  taUfii  hy  thu 
Alaliutiia. 

('(iininoii  hiiiiiaiiity  woiihl  (lictutci  such  n  iMinnisHioii  bcitij;  };rantt'(l,  or  otliiTwine 
I'l'vcr  or  ii»'stil(!nct»  nii;;ht  arise  from  an  ovcrcrowth'd  ship. 

rroliahly  tht^  best  coursf  wonhl  ho  to  rei»ly  to  Captain  Si'niuics's  apiilitation, 
iliiit  this  ffovfrnnicnt  will  not  intorfero  with  his  huuliny  any  persons  lie  may  tiiiuk 
InolitT. 

Of  fours*',  onee  land*!)!,  no  perscms  conUl  he  rc-oniharked  aj^ainst  their  will  from 
Hritisli  soil. 

I  have,  &c., 

(.Si',MU'(l)  yi.  KYKK. 

The  following;  letters,  addressed  by  Coniniodore  Dunlop  to  the  vice- 
udmiial  in  coniniand  on  the  West  Intlian  station,  contain  an  ac(;oniit  of 
what  occurred  in  relation  to  the  Alabama  while  she  reiuaine<l  at  J'ort 
Hoyal : 

Commo'hre  Dunlop  to  I'Ui-.ldmivaJ  Sir  .1.  Milin:- 

AiJOUKiK,  AT  Jamaica,  Jauuaiij  '2'.\,  IHUA. 

Sii;:  1  hiive  tlu;  h(..u  •  i  i  inform  yon  that  on  theov»'iiin}{of  theiiOth  a  Hcrew-steainiir, 
iipiiinciitly  a  nnm-of-war,  was  seen  oil'  this  port  ahont  sunset,  under  Fremh  eolors. 
Afur  (lark  the  vessel  entere<l  thu  harbor,  and  upon  beiufj;  hoardeil  |>rove«l  to  be  the 
screw  nun-vessel  Alabama,  under  the  so-called  Confederate  States  llaj;. 

•J.  On  tho  uiorninj:,  of  the  *ilst  her  cuinmander,  Captain  Senimes,  called  on  me  and 
askwl  for  permission  to  land  17  otticers  and  101  nuui,  the  crew  of  the  late  United  Status 
;;uii-V('ssel  llatteias,  which  had  engaf>ed  the  Alabama  twenty-live  miles  southeast  of 
(Jalvi'stoii,  Texas,  durin;;  the  nij;ht  of  the  llth  of  Janu.iry,  and  was  sunk.  The  action, 
ac('onliu}{  to  Cai>taiu  Hemmes's  account,  lasted  from  i;J  to  1.")  minutes,  when  the  Hat- 
tcriiH,  beuifj  in  a  sinkin<^  state,  ceased  liriu};,  and  the  crew  were,  nunoved  on  board  the 
AlahiUiia,  which  therti  was  just  time  to  effect  liefore  tho  Hatteras  went  down. 

;!.  In  answer  to  Captain  Hemines's  application  to  laml  his  prisoners,  1  replied  that  I 
had  no  authority  to  ^ivo  such  permission,  but  would  immediately  inform  his  excel- 
lency the  lieutenant-governor  of  his  request,  ami  ht  him  know  the  answer  1  received 
as  80011  as  possible. 

4.  1  have  tho  honor  to  annex  co])i«!s  of  my  correspondisnce  with  his  excellency  and 

his  rei»ly,  relative  to  landing  the  prisoners,  also  copy  of  his  excelhiuey's  letter 

[1U8]  to  nie,  to  notify  to  the  captain  of  "the  Alabama  the  instructions  contained  in  the 

!?tl  paragraph  of  Earl  Kussell's  dispatch  to  the  Duke  of  Newcastle,  ami  my  reply 

thereto,  as  well  as  a  copy  t)f  my  letter  t(t  Captain  .Semmes,  inclosing  a  copy  of  the  :{d 

and  4th  paragraphs  of  the  dispatch  referred  to  above. 

i').  Captain  Semmes  then  stated  tiiat  he  had  six  largo  shot-holes  at  the  water-line, 
which  it  was  absolutely  uecessary  should  bo  repaired  before  ho  could  proceed  to  sea 
with  safety,  and  asked  permission  to  receive  coal  aiul  uecessary  siii)iilies.  The  neces- 
liity  of  the  repairs  was  obvious,  and  I  infunued  Captain  Seniiuus  that  no  time  must  be 
lo8t  ill  completing  them,  taking  in  his  supplies,  and  proceeding  to  sea  in  exact  conform- 
ity with  tho  spirit  of  Eurl  Kussell's  dispatch.  Captain  Sdiuiuos  gave  me  his  word  of 
honor  that  uo  unnece«>«ary  delay  should  take  place,  athling,  "  My  interest  is  entirely 
m  accordance  with  your  wishes  on  this  point,  for  if  I  remain  here  an  hour  more  thaii 


) '.  '.'♦■'ji 


.  .Ill 


■tw 


'Appendix,  vol.  i,  p.  265. 


aibid,  p.  264. 


340 


TKEA'IV    OF    WASHINGTON. 


Clin  lie  ;iv<)i(l«Ml  I  sliall  inn  tlu>  rink  of  fi»<liii^  a  si|iia(lroii  of  my  iiiemiesoutsiiU',  iornd 
(lonht  tlu'y  will  lit-  in  jtuisiiit  of  nu;  inmadnitoly." 

Owin;;  to  the  delay  in  iiceivinj^  the  lieutenant-jjovernor's  answer  to  my  letter  n'i;i- 
tive  ♦()  landinj;  the  prisoMers  from  .Si>aiii(sh  Tinvn,  it  was  not  nnlil  the  eveniiiirot'  tiii 
IJlst  that  jiermission  to  do  .so  reached  Cajitain  Semnu's,  and  too  late  for  tlieni  to  U 
landed  that  ni<;ht.  The  crowded  state  of  the  vessel  previons  to  the  landing;  ot  tlu' 
jirisoners  on  the  morninjj  of  the  2'M  made  it  dillieult  to  jiroceed  with  the  iicceHiMiiv 
repairs,  and  no  donltt  caused  some  nnavoidahle  delay.  As  soon  as  thc-se  repairs  aic 
comjdeted  the  Alaliama  will  proceed  to  sea. 
I  .'im,  Ac., 
(.Si<,nied)  HVCH  DOM.oi', 

(  oiiiiiindnic  Dimloj)  (<i  Vi)i-.l(hiiir(il  Sir  .i.  Millie.' 

AisoiKii;,  A  r  Jamaica,  IVJiniuvij  "; ,  lS(i:!, 

Sii:  :  Iji  order  to  a'iticijiati'  any  e.\a;:^fration  or  false  rejtorls  that  may  he  circiilufni 
in  the  Anu^rican  newspajters,  or  otherwise,  relative  to  the  visit  of  the  confederate  j^un- 
vessel  Alaliama  at  thisjiort.  iind  so  tosav.'  unnecessary  ('orrespondence,  I  have  the  Ikhh,; 
to  stale  herein  for  your  information  the  whole  of  the  eircn instances  a1l<'ndiii;;-  tiie  vImi 
of  that  vessel  fioin  Inr  arrival  to  the  tii.it;  of  her  depart nre  fnini  .lamaiea. 

'2.  As  reported  in  ni\  letter  of  the'Jiid  .lannaiy,  the  Alaliama  anchored  in  this  p^n 
ufti'r  dai  k  on  the  escninji;  of  the  "Joth.     She  eommenee('  lepairing  the  <lama)^r;.  k 
in  action  with  the  l'(deial  ;jinn-ves>el   Ilatteras  the  wexr  mornii);^,  at  Ih 
reeeivinji  a  .>npply  of  pros  isions  ami  coal. 


(■i-i\i'i 


■anie  tiiii< 


:i.  'I'he  lientenant-;;os  crnor's  ]iermissioii  loi  tin;  prisoneis  to  land  not  ha\iii^  rcMcl 


me  nnlil  the  e\eninu  of  the  "ilst,  thev  <iid  not  lca\e  the  Alaliama  nnlil  the  nn 


iriini;,'cil 


the  "Jtid.  when  they  proceeded  to  Kin;4>ton  in  shore-lioats,  which  were  pros  idcd  iiy  tin 
United  States  eonsni. 

4.  The  commander  of  the  late  I'liited  States  j^nn-vessel  Hatteras  did  n  it  call  w. 
me.  or  send  me  any  eonnnnnicalion  whatever,  dnrin^  his  stay  in  this  island. 

.").  At  i.>.;U'  on  the  moiniii^i  ot'  the  'Jlst.  the  cai)tain  of  the  Jason  waited  on  nie  iiia>i 
if  1  had  any  olijections  to  oflicers  of  the  shijis  iu  harltor  j^oiny  on  hoard  the  Alaliaiim: 
to  which  ]  answeretl  that  as  it  mi^ht  he  Inirtfnl  to  the  feelin;;  of  tht;  oflicers  and  iiitii 
lirisoneis  on  Imartl  the  Alahama.  on  no  aceonnt  ^\as  any  one  froi..  any  of  Her  Majcsl;,'- 
ships  to  visit  that  \essel  nntil  alter  all  the  prisoners  were  landed. 

ti,  It  liavinj^  srihseipiently  heen  reported  to  nu)  that  some  <ttlieer.s  had  been  on  hdiiiil 
the  Alaliama  prior  to  the  landinj;  of  the  prisoners,  I  called  on  the  eaiilai'is  iiiici 
commanders  of  the  dilfereiit  shijis  to  report  to  me  in  wrifin<i  whether  any  oliici  i  iiiiilti 
their  eo)n!nan<l  had  acted  e<intrary  to  my  older.  1  foniul  from  tht!  rejiorts  that  fmi 
oflicers  of  V  he  Challenjjer,  fonrolticers  of  tiK•(',^  j^.iet,  and  one  of  the  (.ireyhonnd  had  Hum 
on  boiird  the  eonfederate  ynn-vessel  before  my  orch-r  was  nnvdo  kntnvn. 

7.  I  re;ir4't  that  the  captains  and  commanders  of  tlu  -.i;  ships  shonld  have  ,:L;iveii  pti- 
mission  to  their  ofiieers  prevums  fo  eominnniuatinj!:  with  nie  <in  the  subject,  llina«:ii  :; 
was  doiM'  entirely  from  tlninuhtlessiiess,  forfjiettin'f  that  there  could  he  any  ohji-clinii  t' 
it.  The  comm.-uuh'r  of  the  ('yj;net  was  in  hospital,  and  therefore  is  not  respunsiijlctiM 
the  titticeis  of  that  si'  ,i  f^oiiii;  on  board  the  Alabama. 

H,  I  annex  a  eojiy  of  a  ii'port  lidui  Comnnindiu'  Hiekley  relatlv(>  to  the  taue  n 
'' Dixie's  Land  "  haviriL',  been  played  onboard  the  (JreylKUiml  shortly  after  tli«  j\1;i 
bau»a   anchored,   and   copy  of  a  eorres|)oudence   between    him  and  Llentenant-Coiii 


matidor  lUake,  of  the  I'nilcd  .States  Navy,  relative  to  the  ^ame.     After  the  exiilaiialiim 
that  took  phice  liientenant-Comnnimler  JUake  expressed  him.self  to  CommiUKler 
ley  as  perfectly  satisfied  that  no  Ihitish  ojlieer  or  |u;entlennin  would  have   been  jj" 
of  insultiuji  tiallaiit  men  snlVeriny,-  from  u  misfortune  to  which  the  chuuecis  of  warren- 
tin 


\\\\ 


«ler  all  liable.     I  severely  reprimanded  the  lieutenant  of  tlie  Greyhound  who  orderuil 
coufeder.ite  air  to  be  jdayt^d,  and  he  exiuessed  his  rej^ret  for  liavinfj  doi'"so. 

It.  'I"he  fractures  nmde'by  six  larjjo  shot  or  shell  near  the  water-lino  of  the  Alaiwini 
reijuired  extensive  lejiairs"  which  coidd  not  he  completed  by  the  uuskillfnl  worknun 
hired  here  iH'fore  late  in  the  atternoon  of  the 'Juth,  and  the  Ahibama  siilcd  at  ^M^''^ 
the  name  t;venin«x. 

10.  In  comlnsiou  I  have  <inly  to  state  that  the  eoiifederato  vchmoI  was  treaieuBfv'cily 
in  aecordauee  with  the  instructions  ciiutaine<l  iu  Karl  KusHell's  letter  of  the  \M»  Juiiu 
my,  lH(i-,»,  ami  exactly  as  I  shall  act  toward  any  United  .States  man-of-war  that  uwy 
hereafter  eall  here. 

11.  Two  United  .States  .ships  of  war,  the  Uiohmoinl  atnl  Powhatan,  arrived  here  m 
mi,  coaled  and  iirovisioued,  and  remained  in  jiort,  tlit3  l{i(3hmond  fo.ir  day*',  ami  tlii' 
I'owliatan  three  days;  thi.i  .San  Jacinto  w;us  also  here  and  remained  fuur  '.jurs. 


I  have.  &c. 
(Signed) 


HUOIi  DUNLOr. 


'  Appt'iMlix,  vol.  i,  p,  5,'iW. 


CASE    OF    GKEAI    KKITAIX. 


341 


rioo]       *()ii  the  1  Uli  day  of  ^ray,  1803,  tho.  Alabama  arrive*!  at  liahia, 
having  previously  touched  at  the  Brazilian  island  of  Fernando 
Ic  Xoroidia.    About  the  same  time  the  Florida  and  (leorgia  eonfed- 


liC 


rate  war  steanun's,  were  likewise  in  IJray/iHan  ports,  where  tliey  were 
permitted  to  luirchase  coal  and  provisions  and  to  rciit. 

The  Uiute(l  States  miiuster  at  Ilio  de  Janeiro  hereupon  wrote  in  very 
warm  terms  to  the  IJrazilian  minister  of  f<n'ei<jcn  alVairs,  arguinj;-  that  all 
the  tiu'co  vessels  were  piratical,  and  should  be  treated  as  suc'i  ;  allirm- 
iiijjj  fiutlier  that  the  Alabama,  while  at  Fernando  de  Xoronha,  had  vio- 
!;itt'il  tlie  neutrality  of  l>ra/il  by  making  prize  of  I'nited  States  vessels 

vitliiii  the  tcnitoiial  waters  of  the  empive;  insisting  th;it  it  was  the 
duty  of  tlie  Kinperor's  government  to  cap:ure  her;  and  tlireateuing  that 
if  this  wnv  not  done  the  IJrazilian  g(>veriiinent  should  bf  held  res[»osi- 
Iile  ii.v  the  (Iov<M'nnu'nt  of  the  United  States.  In  a  tlis[tatch  «lat(*(l  tlie 
Jlst  M  ly,  lS(j;5.  he  wrote  as  follows:' 

Tlie  (i 'III;;'!  a  l;ni»ls  ^nisoncrs  avowciUv  taken  IVniii  a  caiitiirid  A..iiii;an  slnp,  and 
nskt  ]H'iiiiissi(iii  (if  tln<   jrovfriiiii"  of   liahia    tn   coal    and   luiy  provi'-ioiis.  and  tin- jk  r- 


ssi>n";cr>  <> 


f  A 


uii-ricm  vessels 


sidii  is  coidiallv  ;^ranted. 
The  i'ldi'ida  lanils  licr  iirisoncrs.  oClici'is,  ercws,  and   pa 

ifMifd  and  iMirncd,  and  i»itt  dmIv  asks  and  ri-i-cis'i's  p.Tinission  loc  tal  and  i>iirrli;is('  |»ri>- 
ms.  Itnt  t'iMtin'i'  asks  to  l>i'  alliiwrd  wliatrver  time  is  nci-fss.-ny  to  rf)iair  her  fij^ino 


vlit  for  lifi 


iirk  id' dtstrn<'iit»n  ;  and  in  di'liancf  id"  lUi'Suli'nm  and   must  eai'iicst 


liiolcst  id'  tiic  consnl  of  til''  I'nitcd  States,  tliis  ]>r  vileiie  is  ai-enrded  roller  liy  tile 
governor  ot'  I'eniandmro,  fVoin  a  desiie  tiol  lo  <liin>iii'<h  his  ni'iiiit  nf  iltfi  use  ami  i«nrit<i ! 
The  Alaliaina  tfoes  into  I'lalda,  and  doi's  nut  e\en  aslc  iierinis>ioii  to  remain.  She  ar- 
livi'd  cm  the  11  til  and  was  still  there  when  the  iniieinie  sailed  on  thv-  llrli.  Tin?  eoii- 
-iildt'tlie  I'nited  States  prote^teil  a;^ainsf  hei'  pi-esence.  anil  diMnan<led  that  slie  should 
111' seized  and  held  snl'ject  t-  the  orders  of  the  Itra/ilian  <ioverniiient  for  havin;f  de- 
stroyed AiMcriean  property  in  Hra/ilian  waters,  tur  wliich  t'le  Cov  eminent  of  the  I'nitetl 
Si;itt's  will  hold  Ih'a/.i!  ves[)onsilile.  it',  now  that  t!ie  opportunity  presents,  the  aiithori- 
ii.sijo  not  vindieate  the  sovereii^nly  of  Iha/.il  and  eaptnre  the  ]>irate.  The  i^ovceuor 
•il'  lialiia  sends  to  the  i:nite<l  States  eonsnl  the  eoinniniiieation  id"  the  jfoveriMr  <d' 
I'l'i'iiiiiiilaieo  to  the  captain  of  the  pirate,  eoniplainiiii;  of  his  jdraeies,  ehar^iii;;  liliii 
vitli  a  violation  of   Mia/iliai:  so\  ereiunty.  and  oiih  rinj;  him,  in  coiiseiineiiee  of  siu.h 


i|lsn;r;l('i 


fill  eundnet,  tc  leave  the  waters  id'  r>ra/i 


ithin  t weiitv-foiii  liiMii 


'Vimr  of  Hihia  thus  demonstrates  that  In 


Tlie  irii 


now.  the  piratical  (diaiaeti-r  ol   this  <,'esH< 


iiid  is  familiar  with  her  violation  of  the  soverei'^nt'.  of  ISra/.i!  !iy  destroy  in  ij  Amcri- 
.111  vessels  within  the  waters  of  that  empire,  lie  knows,  to.),  tha*^  the  imperial  i;ov- 
'  ruiiu'iit.  hy  its  acts,  had  i>roelaimed  this  pirate  ;;uiltv  of  violations  of  its  sii\  erei-^nty, 
: ml  (irileicd  him  to  leave  their  port  of  l^'eriiaMdo  \or>iilia;  and  yet  he  deliherately 
I'TMiits  lain  to  I  .Iter  the  pi>rt  of  Mihia.  rel'iises  to  re^j.ird  the  proteit  of  oiu  i-onsiil,  uiitl, 
.It  tlie  lust  accounts,  had  harhored  him  four  days  without  pretendliij^  that  hi.s  prcseiiCL' 
viis  lint  aece])tahlel 

iluis.  at  this  inoinoiit.  the  ]iorls  of  Brazil  aii' made  harbors  of  retake  and  places  cd' 
ii'siirt  and  departure  for  three    piratic. il  vessels,  av   '\edly   desijrn,.(l  ut  prey  iiiion  tin 


niiMiiier.-e  of  the  I'liitcd  States.     Tin 


Uers  of  I5ra>ril  are  \iol.tted  with    impunitv  in 


This  piratical  work,  and  after  the  imperial  ifovernmeut  had  adniitted  and  di'clared  its 
iiiiliy;iiatioa  at  siieh  violalion  ol'  sovereio-nty.  the  ;iuilty  it.irly  is  received  with  liospi- 
'alily  aud  tViendship  liy  the  ;ro\ernor  of  K  ihia.  and  iiiste  id  of  In  iiiLi;  captured  and  iiii- 
I'lisivueil,  ;iiid  his  ve  ssddetaiiied.  he  is  feieil,  and  supplied  with  the  111  I  e<s;iry  provisions 
•iimI  ciial  to  eiialile  him  to  continue  his  depred.ilious  upon  Aihciieaii  commerce.  Tim 
wharves  .Mid  strei-lsol'  Ualiia  and  I'ern.'imhuco  have  heeii  for  weeks  pas*^  swarmed 
'vitli  \incriein  ■,;iilius  and  p;isscii;rers  from  iiiereliantinen  tr.iditm  with  hr  i/il,  wliitdi 
have  l>ee!i  captured,  and  the  persons  mi  hoard  loMtcd  hy  the  pir.ites  of  the  Alahaiiia. 
limiila.  and  (Jeorijia.  and  they  have  heeii  compelled,  in  the  itorts  of  a  friendly  nation. 
t"  witness  final-  cloth.iiijx  m"'  Jewtdry.  and  even  family  relics,  sold  on  the  wharves  .and 
M  llie  streets  of  Haliia  and  I'ernanihueo,  hy  their  iiiratieal  captors,  at  a  tenth  of  thidr 
value  ;  while  the  ]Mratieal  vessels  and  all  on  hoard  were  ii'ceiM'd  anil  treated  as  friends, 

iiiiil  sii|t;ili(M|  with  the  n ssary  materials  to  contiiine  their  iiefarioiM  practices.     The 

"ii'ties  whii  h  hisloiy  infoims  us  were  rife  in  the  seventeenth  century,  in  the  isl.inds  of 
iiK)  \V,'t  Indios,  are  now  l»eiiiy;  oiiai^tiid  in  this  tli'  nineteiiiith  century,  in  the  ports  of 


'la/ii,  and  that  tliroii;;h  no  laiilt  4d'  the  imi>erial  j;  >vernnieMt — wliiidi    has  already 
il'PHP  it,s  whale,  duty  as  r.ipidly  as  eiroiimstaiices  h  ive  p  ■nnitti'd — tmt  1». 'cause  the  jj.iv- 


tTiiorw  (if  I',.nin,iil)ii(>o  ami  liihia,  in  thidr  .synipithv  with  piracy  and  pirat-is.lnve  wg- 
i't*'d  till  ir  duty  to  l<razil,  and  broimhf  diHcredit  upon  the  civilization  of  tiie  a^v. 


'Appendix,  vol.  i,  p.  i280. 


w^- « 


342 


TRKATY    OF    WASHIXOTOX. 


(i  cminn 


nil!  >win-i.-»  til  iiu'  (■iiiimc.  Till'  jfovcriiiiKMit  «)t"  ISra/'il,  by  it.-4  :i(  ts.  Ii;».s  ]iri>cl:tiiiii'il  tlii> 
I'act;  uiid,  most  nssiiicdly,  if,  when  it  lias  Mii-  )>o\vi'r  to  <1<>  so.  it  docs  not  capnim  and 
dctiiiii  the  olVi'iiilcr,  it  iiiakt's  itsclt'a  i>arty  to  liis  act.s,  and  foiiijii'ls  tiio  (iovi-iniiu-nt  nl 
tli<)  Tnitt'd  S^tati's  not  only  to  looU  to  IJra/.il  lor  coinin'iisiitiou  lor  injuries  daii  ■  ' 
coniniercii  witliin  its  waters,  hut  also  to  hold   JJia/il   responsild 


it 

til  ii> 

lor  permit tiiii;  thi^ 


VX'llllllTltV'      1(1111111      lIi~T     litll^in^     iriklitll>^ir      t.«7      ll\'11t        AH  tlf-H        i^r'iT\nirntPi\  n't         t'^lttlUKMX''        til 

l»irat(!  to  jiroeeed  in  ills  depredations  njion  AnuM'iean  couuneree. 
[110]-      "TIic  undersi;[;ned  does  not.  visit  upon  the  imperial  ijovernnient  the  eoiidnct  i 

its  jroveriiors  toward  the  Florida  and  (ieorj;ia,  well  knovvinir  x\m\  it  will,  ; 
heretofore,  do  its  dnty  in  tln^  premises.  I5nt  the  ease  ol"  the  Alaliama  is  a  very  di lien  i 
one.  .^he  lias  violated  the  neutrality  and  ontra^jed  the  sovi -reij^nty  of  lira/il,  i)v  t\\ 
turin^I  and  hnrnin<;  Aineiiean  v«'ssels  in  Hra/.iliau  waters:  and  if,  when  I5ra/il  imss."*-! 
the  altiiity,  and  the  opportunity  otJ'eis,  she  does  not  take  pos.-i  >sion  of  her.  a.-isnn-filv 
the  fjovernment  of  Urazi!  assumes  the  res)(on.siliility  of  her  ai-t-^.  and  tin*  I'niteil  Sf.ito 
Avill  he  eonijielled  to  look  for  vdress  to  Hia/il,  as  she  did  to  rortnjiul  iu  the  ea^eot  flu 
General  Arnistronj;. 

Tlio  fotii'so  takrii  by  tlio  ITnit('<l  Stato.s  iniiii.'ittM'  w}i.s  apjMoviMl  by  hjs 
(lovt'iiiment. 

Tlie  ininistor  of  Ibit'ij'it  iin'itirs  lor  tlio  ciiipirt'  of  I>ra/il  rojtlicd  as  ful 
lows  to  the  complaints  of  tlic  inini.ster  of  f!ie  I'liitiHl  8tatcs;' 

7/'(    M(iiip:is  d' .Ihniiilis  In  Mr.    fiihh. 


|Traii>hilii>i). 


Mini- I  in   in    FuitiK.s  Aikau;s. 

Hi"  tie  thiiitho.  Mil II  'SA,  isi;;. 


I  hasten  to  aeknowledj^e  the-  reeeiition  of  the  note  whiili,  under  dale  of  the  vMst  in- 
stant, Mr.  .lames  Watnon  \\'elili,  envoy  extraordinary  and  niinistiT  i>leuipot('ntiarv  nl' 
the  I'liited  Slates  at  this  com  t,  has  done  me  the  honur  to  aildie.v;  tome,  wiihavn^' 
of  calling  my  attention  to  a  serious  violation  of  neutrality  \^  iiieh  ha>  In-fO  pciiieUiili'il, 
an<l  is  now  liein^  i)ei)>etrate<i,  hy  two  repiesent.itive.s  ol'  the  imperial  l;o\  riiiuu'iil  \u 
the  |K>its  ol  I'eniamhiieo  and  ISahia. 

Mr.  ^Ve^h,  in  referring;  to  the  ]Ud(  eediiij^s  ol'ihe  lll■e.^ident>  ot  -^aid  proNinci-.  towan! 
the  steamers  of  the  Confederate  ISlati's  wliieh  eome  into  their  ports.  aeeu>es  said  l•r(•^•.■ 
dents,  and  complains  of  their  liavin<:;  alloidcd  hospitality  to  tho>c  >teamer.s.  ami  i>l° 
haviii<r  |)ermittcd  them  to  luake  rcjiairs,  to  receive  pro\  isions,  ami  to  land  iitcreliiii)- 
dise  of  vessels  whicji  they  liad  captured. 

Mr.  \Vcld»  hases  his  «'oin]daints  on  a  seiiesof  acts  which  he  eiiuinerati>..  and  wliidi 
he  chaiacteri/.es  as  violati\«>ot  the  neutrality  v.lneli  the  government  <if  !li>  .Ma,ji'>l,v 
the  Fniperor  imposes  on  itself  in  the  deploralde  contest  oftiic  American  I'liion. 

The  affair  in  i|nestion  is  nudonliledlx  ^rave  and  inipoitant.  aad  the  impi-ii;d  i,'"^  • 
eriimeiit  ;;iv>'s  to  the  iiuthorized  lai|<;nai;e  of  Mr.  \V«  lili  all  tiie  ion.>>ideialiiiii  whiili  > 
due  to  it. 


lie  II'  M. 

Ihit  for  this  \cry  reason,  and  Mr.  Weldi  will  certainly  a 
caliinct  is  under  the  iinavoidalde  neccs.>.ity  ot'  pmceediu:,; 


know  Icdjie   it.  the  iiii|n  li.il 
in  .■•uch  a  delicate  iii.-ittu 

li  to  th" 


Itltilllil     l.'^fclini,!      Ill*       iillii>iMil(l>>li       ll^»ir,.-»lll      \fl      |»li»l,llll_^ 

with  the  ;;reate.st  (liscrelion  ami  prudence,  in  oriler  to  oliscive  reli;iiously  the  )iii^iii 
which  it  has  a>*siinicd  since  the  manifestation  of  the  lirst  eveiil.s  whieli  tended  to  t 
result  of  a  division  of  the  I'liiled  !<tates. 

The  po.sitioii  to  which  1  allude  Mr.  NVehli  pcri.cilv  umleistaiids.  as  lie  aNo  iukIh- 
.st.uids  the  principles  on  which  it  rests,  since  they  were  laid  down  in  a  liiciilar  wliii  i. 
was  issiieil  l»y  the  imperial  ;;ovcrument  to  its  dcle^jale.s  in  the  iiroviiice>.  under  d:it- 
of  the  1st  of  Anjiust,  \fiu\. 

('onformin;r  to  the  rules  generally  admitted  aiiiiui<j;  ci\ili/ed  nations,  the  iiiiptTiiii 
jtovernmeiit  in  that  eireular  prescrilies  the  practical  iiiiMie  of  retidi-riiig  elfectivu  tlu 
neutrality  whit  h  it  imposes  on  itself. 

Without  at  present  etMitirmiii),;  or  denyini;  thi'  acts  as  set,  fortli  hy  Mr.  \N  lidi,  ,inii 
without  elite! iii;r  into  an  iippreciatiiui  of  the  oli.servatioiis  with  w  liieii  In-  atcoiiipitni'" 
thu  nurrutiou  uf  tbeiii,  wliut  1  eau  at  otiee  uioHt  poititivfly  dec-Ian-  to  biiu  i»,  that  tlu 

'  Aiipeiidix,  vol.  i,  p.  283. 


(.'ASK    OF    GREAT    BKITAIN. 


;J43 


■'oveiniiu'iit  of  His  Majesty  flu-  F'/Uipcror  is  firmly  n'solveil  to  iiiuintain,  ami  to  ciiuso 
^>  Uf  ris|ncti«l,  tlio  iiiMitrality,  in  the  tfinis  in  which  it  lias  (Icchirfil  it  iissuiiifil  it,  aiul 
what  is  important  to  <Ii'clan'.  that  it  is  not  (lisposnl  to  allow  thi?(  neutrality  to  ho  vio- 
i.iteil  ill  any  way  1>y  those  interesti'il  iii  the  contest,  ami  still  hss  l»y  the  delegates  of 
i!ii>;;oveniliient  itself. 

Ol'  tiie  sineerity  of  tliis  deelaratioii  ^^^.  W(»l»l>  has  an  imlisjiutahle  |(r.>of  in  my  noti* 
;,(■  tiie  Ttli  instant  relative  to  the  Ht earner  Alaliama,  of  the  Confederate,  States,  as  in  it  I 
Mihiiitariiy  hasteiii-d  to  Ininj;  to  tin'  kno\vled;j;(!  of  Mr.  Wehh  not  only  tiie  otiieial  coni- 
iiuiniealions  whieh  the  imperial  ^overniiient  has  received  in  rei^anl  to  the  a(Ms<M)in- 
liiitteil  at  rernamhiiett  liy  that  steamer,  lint  also  tlie  resolutions  adopted  l»y  tlie  <;ov«Mn- 
1 1,'itt  til  a]ipi<ive  entirely  of  tlie  proceediii<j;s  on  that  oeeasioii  of  the  president  referred 
M.  ami  to  resiiii  to  the  iiece-sary  measures  t<i  repress  tlie  alinses  oi'  tlu,'  captai;i  of  tlio 

Al:ililllli;i.  ami  eanse  the  Iienlrality  of  the  em|iire  to  he  leli^ionsly  oliseived. 

Tlicri'ti'ie  Mr.  Weldi.  ceitaiij^as  he  niii>t  lie  o!'  the  iiitentioii>  of  the  imperial  ^overii- 
iimt.  anil  of  a!l  the  resjieel  whicli  tliis  j;ovei'nment  pays  to  Ins  word,  will  assuredly 
'I'lt  It.' surprised  that,  het'ore  coming'  to  a  tin.il  decision  on  the  important  acts  which 
ihiiii  tlie  >ulij.'it  of  the  note  \\  iih  wiiich  I  am  now  occupied,  the  imperial  yiovernim'iit 
s'limilil  hear  wiiat  their  dele;,;.! tes  in  the  pnn  iiices  liave  to  relate,  and  shc>uld  strive 

!ii!inloii--ly  to  verify  their  exactness. 

l!v  the  French  packet  whii'h  leaves  this  port   on  the-jr>th  iii>lant.  tli*'  im)ierial  gov- 

.■riiiiniif  sends  the  most  ]iositise  and  conclusive   orders  to  the  jiresideiits  of  ISahia  and 

!',".ii:iailiUi-o  that,  without  loss  of  lime,  they  will  cireiimstaniially  report  in  re;;ard  to 

,;i(li  111'  the  .acts  alle;Lred    in    tlu^  note  of  Mr.   Wehli.  of  which  he  yives  to  them  full 

!iMriiiiiiioii. 

.Villi.  ;i>  soon  a.s  the  reports  refei'reil  to  shall  arrive,  Mv.  Widdi  may  relv  that  the  im- 
in'iiiil  ;;iiveriiim'nt  will  not  hesitate  to  put  forth  its  hand  to  the  means  necessary  to 
ii'iiili'i'  cii'ertive  the  neutrality  wiiieh  it  imposi-s  on  itsi-lf  provided  it  has  bfcn  viuluted, 
;,iiil  to  leave  hi  yond  all  <lonli|  the  fairness  of  its  procei-din^. 

I'lulteriii;;  m\si  If  that  this  hrief  answer  will  traiii|iiili/.e  Mr.  Webh,  I  p;olit  by  the 
irasimi.  vVe.. 

^!5i{,'n»-d.i  MAi;<7ri.<  D'Ar.lJANTKS. 

Ill]       *Tlu*  jjovt'iumciit  of  llnizil  in  tlii.s  nott'  adIicriMl  to  tho  i)o.sitioii 

wliich  it  liiul  ii.^jsuiiit'd  at  tho  coinuHMUHMiiont  of  tlie  war  by  its 

ciivuiuiof  1st  August,  ISIJI.    Tilt'  t-iriMilar  coiitaiiied  the  lollowiii.::?  pa.s- 


■>  J 


■"'n 

^.-li 


44;' 


Till- ('ii!il'edcr:ite  States  have  no  reco^ni/.ed  <'xisteiiee:  lilt.  haviii'.rcoiistitiiteil  II  dis- 
■  iiii'l  ;riiv<.'riiuiciil  <lf'  /'Kill,  vhe  iiiijierial  ,'.;ovei  nmeiit  cannot  c  insider  their  naval  ariiin- 
:i!'iitsa»  u'  ;-.  of  piracy,  nor  refuse  them,  with  the  nece>siry  r.-striciions,  tlu'  chai'aclur 
•  1  U'liij^ereuts  \%hi<!i  they  have  assumed. 

Irbeiiii:  alloo-cd,  liowcvt-r.  aiitl  (asit  appears)  piuw-d,  tljat  th«'  Alabama 
ii;id  imtdc  jaizt's  vvitliiii  tlu*  tciiilorial  watcis  of  the  island  of  F.rnando 
h'V.iKiiilia.  and  that  the  o()vciiii)r  nf  that  island  bad  takiMi  no  steps  to 
I'lcvfiit  this  or  i>rot«'st  a^^ainst  it,  he  was  dcpiivfd  of  liis  ollic(!  by  thf 
pivsidciit  of  the  prtnincc;  and  this  act  was  approved  by  the  llrazilian 
;oviMiiiiiciit.  The  Alabama  rcinaiiicd  in  the  port  nf  I'.ahia  for  )'ij,dit  or 
liiH'  (liiys. 

Suint'  iiH'tln'r  «'oiresjH)!!dt'ii<'(' passed  bt'twccii  .Mi.  W'rbb  and  tln^  Bra 
iiiaii  iiuiiistcr  of  loicij^M  allaiis,  iit  tin'  roiirsc  of  which  the  latter  \  indi- 
'iitctl  tho  <'ondnct  of  the  presidents  of  the  provinces  of  rcrnanibiieo  and 
lialiia.  and  declared  that,  since  llrnzil  had  ori,irnaIly  reco;j;nized  the, 
'o'lt'cdcrate  ^States  as  bcllioerents,  and  had  not  withdrawn  that  recoonj. 
'ion.  and  the  Florida,  (leoroia,  and  Alaltania  bore  the  lia;;  and  <'oni- 
iiii'^sioii  of  tho.sc  States,  tliese  vessels  had  been  ii;,ditly  treated  as 
'M'lli<i(«rciit  ves.st'ls  of  war.  Me  infoiined  Mr.  Webit,  however,  that  since 
!if  .Vlabaina  appt'ared  to  have  viidrted  the  nentralit.vof  JJrazil  by  using 
ItiUa  Island  as  a  ba.se  of  hostile  operations,  she  would  not  in  future  be 
I'lmilted  into  any  llraziliiin  port.- 

Uii  or  about  the  l*!Kh  ,Iidy,  ISiV.),  the  Alabama  arrived  at  «.tldanhji 
l^y,  oil  the  southwest  coast  of  Africa,  and  in  the  vi<-inity  of  Cape  Town. 

The  consul  of  the  L'nited  States  at  Cape  Tovu,  on  the  4tli  August, 


'Appendix,  vol.  i,  p.  5W4. 


"Ibid.,  ip.  5«8-;U»0. 


344 


TREATY    OF    WASHINGTON. 


1803,  addressed  the  following  letter  to  Sir  Philip  AVodehonse,  governor 
of  the  Cape  Colony : ' 

t'MTKt>   .STATKS    CoNM  I.ATi:. 

C<ipe  Tun  II,  AiKjiixt  4,  I'd:;, 
Siu  :  From  relialilf  iiiforniatiim  i«'(  t'ivctl  liy  inc.  ainl  wliicli  yon  aii-  also  doiilptlcss  in 
possession  ol",  a  war-stc-aiii'.T  calliil  tlie  Alabama  is  now  in  Salilanlia  l^ay  Itcin;;  iiaintiil, 
dischaij;iii;i  piisom-rs  of  war,  A:t'. 

The  Yt'ssel  in  (incstion  was  Iniilt  in  Kii;;lan(l.  to  jirfv  upon  flic  (■(iiiim<  ice  di'  \\x,. 
United  States  of  Amoiica,  and  cscaiu'd  tlicnlrom  while  on  In  i-  trial  trip,  turl'citiii'^ 
honds  of  iJ'.'0,(t<lO,  wliich  the  Lritish  governnu-nt  exacted  nnder  the  foreij^n-enlistniciu 
act. 

Now,  as  yonr  ;;overnment  has  a  treaty  of  amity  and  commerce  with  the  T'litnl 
States,  and  has  not  recof^nized  the  persons  in  revolt  aj;ainst  the  I'nited  States  us  ii 
jjovernment  at  all,  the  vessel  alluded  to  should  be  at  once  seizecl  and  sent  to  I^n^laiwl. 
from  whence  she  chindestinely  escajx'd.  Assnniinji  that  tin;  ISritish  jioveiinnciit  wa- 
(sincero  in  exacting;  tin;  bonds,  you  havi;  (htubtless  l)een  instrneteil  to  send  her  homi'  1 1 
Englan<l,  where  sIu-  be!on;;s.  Hut  if,  from  some  oversij^ht.  you  ha\  c  not  received  .sinh 
instrnctions,  and  you  d<-eliiie  the  responsibility  of  makin;;  the  seizure,  1  W(>ii]<l  iiiii-t 
respectfully  jirotest  ajjainst  the  M-ssel  remaining;  in  any  jiort  of  the  eolouy  aiiotlurdu). 
Sho  has  been  at  Saldanha  15ay  four  [six]  thiys  already,  anil  a  week  previously  on  tlic 
coast,  and  has  Ibrfeited  all  ri>;lit  to  remain  an  hour  lonj^er  by  this  breach  of  neutrality. 
I'aintin^i;  a  ship  does  not  come  nmler  the  head  of  "lU'cessary  leiiairs,"  and  is  no  indni 
that  she  is  iniseawortliy  :  and  to  allow  her  to  visit  otlnr  ports  after  slu'  has  set  thi 
(,>ueen's  prochunation  of  neutrality  at  deliance.  would  not  lie  rej;arth'd  as  in  aiconlainr 
vitli  tlie  sjiirit  and  purpose  of  that  document. 
Yours,  Ac, 
(Signed) 


His  r.xcellenev  Sii:  riiii.ii'  K.  Woi>i:ii<n  «i:. 


WALTKIJ  GK'AHAM. 

L'mkd  Stahs  t'uiiiiii 


'■'P. 
.  i  i 


The  statement  in  this  letter  that  bonds  had  been  exaetctl  and  IbilViteil 
■Nva.sentiri'iy  erronetnis.  Xo  such  bonds  had  bren  ix'wi'u  w  tbrft'itcd,  noi 
conld  they  have  been  re«iiiired  by  Ihitish  law.  The  eonsid's  Ictttr  was 
answered  as  follows: - 

CoiuMAi.  Oilier,  Amjii-I  7>,  \i\\X 

SiH  :  I  am  directed  b\  the  j^oveinor  to  aeknowledne  the  receipt  of  your  h'tter  i 
yesterday's  date,  relati\c  to  the  Alaliauia. 

Mis  exc(  lleiicy  has  no  instructions,  neither  has  he  any  authority  to  seize  nr  detain  tli:i; 
vessel;  anil  he  desires  me  to  aei|naiiif  you  that  he  has  received  a  letter  from  tlieiDin- 
inander,  dated  the  1st  inst.'int,  statin^j  that  re)  tails  were  in  i)ro)^ress.  ami  as  soon  us  thiv 
AM-re  eom|iletcd  he  intended  to  no  to  sea.  lie  fiirthei  announces  his  intention  if  n- 
S)  ectinjj  strictly  the  neutrality  of  the  liritish  f;ovcrnment. 

The  course  which  Captain  Semmes  here  )tro)ioses  to  take  is.  in  the  iioveinoi"sn])inic.ii 
in  conl'oiinity  with  the  iiistiuctions  he  has  himself  received  relati\e  to  sjiips  di 
[II'J]  war  and  ini\ateeis  beloiiiiiiiji  to  the  *l'niled    States    :inil    the    States   ralliii;; 
themselves  the  Cont'ederate  Stiites  of  America  visitiiii^  Ihitish  ports. 
The   reports    recei  ■<  d    fiom    Saldanha    JSay  induce    the    f;oveiiior    to  bclie\e  tliat 
tlie  vesst'l  will  leaM-  iliat  harbor  as  soon  as  her  rcp.airs  are  completed:  luit  Ih'  will- 
immediately  on    reci-ivin^  inlellijreiiee  to  the  contiar\,  take  the  necessary  steps  |mi 
•■nforcin^i  the  observance  of  the  rules  laid  down  '<v  Her  .Majestv's  ;;overnmeiit. 
Ihav.  Ac. 
(Si^'iicd)  L.  Al»AMs(tN. 

/"()/•  //(<•  Colonial  .'^icrdtirii. 

The  tacts  which  occurred,  and  the  <|iicsti(»ns  which  arose,  while  tlie 
Alabama  remained  within  the  linnfs  of  the  Cai)e  Colony,  are  stated  in 
the  lulUnving  <lisiiiit<h,  a<ldressed  by  the  governor  to  Jler  ^bijestv's 
secretary  of  state  lor  the  colonies: ' 

Li  -inio)-  Sir  /'.  If'iKhhoiixi  la  Ihi  Hiihc  of  A'tHOrt"//^. 

IKxlMKt.j 

GOVKUXMKNT   Hor.sK, 

Cape  Toirn,  Aiigiixl  1!'.  1W3. 
I  lu'jj  to  take  this  n]i|ioitunity  of  making  your  jjrace  aci|uuiiited  with  wiiat  lia" 
o«  I  iine«l  liere  in  ronnt'ction  with  the  visit  of  the  Confederate  States  steamer  Ahd'anui. 


'Appendix,  vol.  i,  )>.  iUKt. 


Tbid.,  p.  :{01. 


'Ibid.,  p.  :nv. 


CASE    OF    GIfEAT    15KITAI\. 


345 


On  TiU'sdiiy  the  llth  instant  I  rerohiil  a  li-ttcr  IVnin  the  coiiiniiindt'r  <»t'  that  vt>ssol,. 
(liitwl  the  Ist  Aiijjiist,  at  Sahhiiiha  I'.ay.  aminiiiiciiijihis  having  ('iittred  that  hay  with  a 
view  tdt'tJ't'ftiiifi;  critain  n-jtairs,  and  ^{atiii;^  that  hv  would  put  to  st-a  as  skoh  as  flicy 
wt'r(>  (oiiip''-''*''''  •'""^  would  strictly  itsixi  t  our  iicntiality. 

When  this  inti'lliv;<'nct'  was  rccfivcii  the  I'liitcd  States  consul  called  on  me  to  seize 
licr,  111' at  any  rate  to  si-nil  her  away  instantly;  Imf  us  the  vessel  which  hron^jht  the 
iit'ws  reported  that  the  Alahania  was  coiiiin!X  ininiediately  to  'I'alile  Hay,  I  replied  that 
Icouldnot  seize  her.  hnt  would  take  care  to  eiitorce  llie  ohservance  oC  the  neutral 
rt'j;iihiti(>ns. 

On  the  next  day,  almnt  noon,  it  was  reported  fnau  the  sijiiial  station  that  the  Ala- 
li;mia  was  steering;'  for  Tahle  liay  from  the  north,  and  that  a  l''ederal  l)ark  was  eoinin;; 
ill  tViiiM  the  westward  ;  and  soon  after,  that  tlf  latter  hail  liceii  eaptured  and  put  ahont. 
A  little  after  "2  p.  m.  the  I'liiti'd  .States  consid  ealh'd  to  state  tluit  he  had  seen  the  ea]i- 
iiin'clVected  within  Itritish  water>:  whi-u  I  told  him  he  must  niaUe  his  statement  in 
wiiliii},'.  and  an  iuvestij;ation  should  he  made.  I  also,  liy  telei;r:im,  immediately  re- 
iliu'sted  the  jiaval  connuaTidi-r-in-ehief  to  send  a  ship  of  war  fr<Mu  Simon's  Mav.  The 
.Ualpaiiin,  leaviiiff  iier  pi  i/e  outside,  aiichoitd  in  the  hay  at  :!.1!()  ]>.  m.,  when  ('ajitain 
Si'iiiiiics  wrote  to  me  that  he  wanted  siijipliis  .lud  iri)airs,  as  well  as  ]iermission  to  laml 
tliiity-thiee  prisoners.  After  commuuii  aliiiii'  with  llie  I'niled  States  consul,  I  author- 
zed  the  latter,  and  called  niion  him  t<>  ^late  the  nanue  and  I'Xtent  of  his  wants,  that  1 
iiiifjlit  he  eiiahled  to  ,jnd;;;eof  the  time  lie  on i;! it  to  remain  in  port,  The  same  afrernoon 
iif  ]ii(iiiiised  to  send  the  next  momiiij;  a  list  of  the  stores  needed,  iiiul  announei-d  his 
iiiti'iition  of  ]irocecdin>;  with  all  dispatch  to  .Simon's  May  to  elfect  his  repairs  there. 
riiM  next  morninjf  (tith  Au;jnst )  the  jiayinasler  called  on  me  with  the  merchant  wlio 
was  to  I'lirnisli  the  supplies.  :iiid  I  j;r;inti-d  him  leave  to  stay  till  noon  of  the  7tli. 

On  the  iii^jht  of  the.")th  Ihr  Majesty's  shi]i  ^'alorous  ii:i<l  come  round  from  Simon's 
Hay.  J)iiriii;^  ih,.  iii^ht  of  tin-  litli  the  weather  l)e<-anie  nnfavorahle;  a  vessel  was 
ivit'ckcil  in  tin  ''ay,  ■■iiitl  a  heavy  sea  prevented  t!ie  Alahama  from  reeeiviny;  her  sn]i- 
iiHcs  liy  the  time  arranjied.  <  >n  the  niorniiinof  the  ~th,  Cajitain  Forsyth,  of  the  N'ahn- 
11^, and  the  iiort-c.aptain,  hy  my  de>ire.  ]iressed  on  Captain  Semines  the  neecssit\'  for 
liis  leaving  the  jiort  without  .-my  niini'ces>ary  delay  :  when  he  pleaded  the  continued 
heavy  sea  and  the  ahsence  of  his  eoid<iiiLr  apparatus,  which  had  lieeii  sent  on  shore  for 
K'liaiis  and  had  not  lieen  returned  hy  tlu'  tr:idesman  at  tin  time  ap]iointed,  and  inti- 
iiKitcil  his  own  anxiety  to  avt  away.  IJetweeii  (>  and  7  a.  ni.  <ni  Sunday  the  !>t!i  he 
siilcd,  and  on  his  way  round  to  .'simon's  Jlay  captured  another  vessel,  hnt,  on  lindiiii; 
that  she  was  m  neutral  waters,  immediately  ndeased  her. 

hi  the  mean  time  the  I'nited  States  eiinsul  had.  on  the  .'>(h  Aneiist.  addressed  t<t  me  a 
written  statement,  that  the  I'ederal  haiU  Sea  liride  ha<l  lieeii  taken  '•ahont  four  miles 
lidiii  the  nearest  land,"  ami  ••.already  in  Urilish  waters;''  on  which  I  promised  imine- 
I'liatc  iiKpiiry.  The  next  da>-  the  consul  repeated  his  )ndtest,  snpp<ntini;  it  l>y  an  alti- 
iliivit  of  the  m.a^ter  of  the  jnize,  w  hicli  he  held  to  show  that  she  had  heeii  taken  ahont 
iwdiiiiles  ami  a  half  from  the  l.nid  ;  and  the  aireiit  for  the  I'nited  States  underwriters. 
"lithe  smiie  day.  made  II  similar  protest.  <  hi  tin' Till  tin' cfuisul  represented  that  the 
piize  had,  on  the  pie\  ions  djiy,  lieeii  hroueht  within  one  mile  and  a  half  of  the  li^hl- 
hiiiise,  which  he  considered  ;is  mueh  a  violation  ol'  the  neutrality  as  if  she  had  heeii  t  hei'e 
I  aiitiu'ed.  anil  asked  me  to  have  the  iiri/e-;re\v  t;il<en  out,  and  replaced  hy  one  from  the 
\'aliiiolis,  whi(  h  I  declined, 

1  hail,diiii!ie;  this  ]ieriod,  heeii  scekiiiLT  'or  anthenlic  information  as  to  the  real  cir- 
'  laiislaiices  of  the  ca|ituie,  more  )i.ir;  it  iilarly  with  lefcrenee  to  the  actual  distance  front 
III'  sIkpic,  and  oht.iined,  throii^ih  the  actin;^  attoiney-jieiieral,  statements  fioiu  the 
veeper  of  the  (iieeii  I'oint  lieht-house,  (this  w.is  supported  h\  the  col  lector  of  enstoin,s, ) 
iipiii  the  sifjiialman  at  the  station  on  the  Lion's  l,'nni]i,  and  from  an  exiierieiiced  hoat- 
iianwho  was  passing;  hetween  the  shore  andthe  vesselsat  tiie  time.  Captain  I'orsyth, 
'if  the  \'alori)us,  also  made  im|uirles  of  the  captain  ol'  the  Alahama,  and  of  the  jiort- 
'aptaiii,  and  made  known  the  result  tome;  and  Irom  all  these  statements  1  came  t« 
the  iiiiKlusion  that  the  \ess«ds  were  not  less  than  four  miles  distant  fiom  land;  jind  on 
till'  ^th  1  commiinieated  to  the  I'nited  States  consul  tli.it  the  capture  could  not,  in  uiy 

opinion,  he  held  to  he  ille;ral  hy  rciisoii  of  the  place  at  which  it  was  effected. 
fll'ii]  "III  his  reply  of  tin'  Khh.  the  consiil  endeavored  to  show  how  indefensihlo 

my  decisimi  must  he.  if.  in  these  days  ol'  improved  artillery,  I  rested  it  on  tho 
fact  of  the  vessehs  haviii;;  heeii  only  tliree  miles  from  land.  'J'liis  jtussa^e  is,  I  think,  ot 
iiiiisiderahle  importance,  as  iiivoIviiiK  an  indirect  i  dmission  that  they  were  not  within 
tiiree  miles  at  the  time  of  ea|)ture  ;  and  I  hope  your  ;>race  will  concur  in  my  view  that 
it  was  not  iiiy  duty  to  jjo  heyond  '.  ;>ut  1  found  to  he  the  distance  clearly  estahiished 
hy  past  decisions  under  interiiat'onal  luw. 

All  iiniMirtunt  ipiestioii  has  iriseii  in  e,>nneetion  with  the  Alahama,  on  which  it  is 
viry  desirahle  that  I  should,  .'ts  soon  as  pri.itieuhle,  he  made  aeiiuainted  with  tho 
viinys  of  Her  Majesty's  jjoveniiueiit.  Cai»taiu  Seiiinies  iiad  iiieiitioned,  after  his  arri- 
val in  port,  that  he  had  left  «  ntside  one  of  his  jnizes  jtrevioiisly  taken,  the  Tusealuo.sa, 
wliiili  he  had  equipped  and   ttted  as  a  tender,  ami  had  oraered  to  meet  hiiu  iu  .Siiiiou's 


'i4 


"S 


^4 


346 


TREATY    OF    WASHINGTON. 


IV'iy,  its  .slit>  .iImi  ."stixwl  ill  iioi'd  ot"  .su]>|>li('s.  \Vli(!ii  this  Ixfcauu;  known  to  the  imval 
roniniaiiilt^r-iii-eliit'f,  lie  rciiiu'stcd  niis  to  Itunisii  him  witli  a  It'jfal  opinion;  and 
wht'thfir  this  vi'ssi'l  could  hii  hidd  to  l>i',  a  .diip  of  war  heforo  slio  had  hucn  I'onnallv 

nil 

111  (Ml 

aiii 


<'on<h'nin('d  in  a  |iii/f-i'ourt ;  or  \vht'tht;r  sho  must  not  b«  lu Id  to  bo  still  a  prizo,  a 
as  such  ])i(>hil)Ltcd  from  cntcrinj;  our  jioits.  Tin;  atitin;^  attorni>.v-<i;t!noi'al,  fouiiil 
his  opinion  on  lOarl  IJusscll's  di-ipat'ch  to  your  ^raco  of  tlio  'Mst  January,  liSii-J,  ai 


W'lioaton's  "Internationa!   J. aw,''  stated    in  siihstancc  that   it  was  o|n'n  to  (,'apt 
8i)inmt;s  t<»  convert  this  vessel  into  a  slii))  of  war,  and  that  sliu  ou^lit  to  h' a  linittcd 
into  onr  ports  on  that  footinj^. 

On  the  ■~'ih  Ani;ust  tin-  vessel  eiitereil  Simon's  May,  and  the  admiral  vvroti'  tli;it  slic. 
had  two  small  rilled  j^uns  with  a  crew  of  ten  im-n.  and  that  her  carno  of  wool  wa.s 
still  on  hoard.     He  was  still  doiilitful  of  the  pro|)riety  of  admittinj;  her. 

On  the  luth  Auiiusi,  alter  further  eonsiillation  with  th<3  actiiiji^  attorncy-;^eiieral.  [ 
informed  Sir  Halilwin  Walker  that,  if  the  fiuns  had  hetiii  put  on  hoard  hy  the  Ala- 
hama,  or  if  she  Iiad  a  commission  of  war,  or  if  she  were  comnnuuhMl  hy  an  ol1ii(>r  ol" 
the  confederate  navy,  there  must  he  held  to  he  a  suHicient  settin;^  forth  as  a  vessel  of 
war  to  Justify  her  admissicm  into  ]iort  in  that  character. 

The  admiral  n'plied  in  the  atlirmative  on  the  lirst  and  last  points,  and  she  was  ad- 
mittcd. 

Th«  Tu.xaloosa  sailed  from  sim«>!i"«  r>,iy  on  the  morniiii;  of  the  14th  instant,  liiii 
was  hccalmed  in  the  vicinity  until  the  folluwinjf  day,  when  she  sailed  almiit  nomi. 
I'ho  Alaliaimi  left  before  noon  on  the  l.'ith  instant.  Neither  of  these  vessels  was 
allowed  to  remain  in  port  lonj^e;  than  was  ically  necessary  for  the  completi«m  of  tlieii 
repairs. 

On  the  null,  at  noon,  the  Georjj;ia.  another  coiii.derate  war-steamer,  arriveil  at  Si- 
mon's Hay  in  need  of  repairs,  and  is  still  there. 

IJeforc  closin}f  (his  dis[»atch.  I  wish  ]»artienlaily  to  rei|uest  instructions  on  a  iioiiit 
touched  on  in  the  letter  from  the,  I'liited  States  consul  of  the  17th  instant,  vi/,  the 
steps  which  should  bo  taken  here  in  tlni  event  of  the  caii;o  of  any  vessel  captured  In 
one  of  the  IxdIiKerents  beinjj  taken  out  of  the  pri/.i?  at  sea,  and  brought  into  oiio  tit' 
our  ports  in  a  ISritish  or  oth«'r  neutral  vessel. 

lloth  belligerents  are  strictly  interdicti'd  fiom  bringing  tholr  prizes  into  Hritisli 
ports  by  Earl  KusseU's  letter  to  the  lords  of  the  admiralty  of  the  1st  .Juin-,  IHlil,  and  I 
conceive  that  a  colonial  government  would  be  Justilied  in  enforcing  compliance  with 
that  ord(!r  by  any  means  at  its  command,  and  by  the  exercise  of  force  if  it  should  be 
re(|iiired. 

Unt  that  letter  refers  only  ti>  ■' i>rizes,"  that  is,  I  i(m<-eive,  to  tlie  ships  theinsidvrs. 
ami  makes  nonuuition  of  the  cargoes  they  may  contain.  I'ractically.the  prohibition  liih 
been  taken  toe.vtend  to  the  cargoes;  and  I  gathered,  from  a  conversation  with  Ca|)taiii 
Semmos  im  the  subject  of  our  neutrality  regulations,  that  he  considered  himself  de- 
barred from  disi)osing  of  them,  and  was  thus  driviMi  to  the  <h!struction  of  all  that  he 
took.  Ibit  I  confess  that  I  am  unable  to  discover  by  what  legal  means  I  could  pre- 
vent the  introduction  into  «mr  jiorts  of  captured  i)roi»erly  )>urcliased  at  sea,  and  tend- 
ered for  entry  at  the  custom-house,  in  the  usual  form,  from  a  neutral  ship.  I  have 
consulted  the  acting  attorney-general  on  the  subject,  and  he  is  not  prepared  to  stat-' 
tliat  the  cnsttmis  anthorititts  would  be  Justilied  in  making  a  sei/ure  under  such  ciieuiii- 
stances;  and  therefore,  as  there  is  great  jn'obability  of  clandestine  attempts  lieiiii; 
made  to  inlroduciMiirgoes  of  this  desi;riptioii,  1  shall  bi^  glad  to  be  favored  with  thr 
earliest  piacticable  iiitimatiun  of  the  views  of  Iter  Majeslv's  government  on  tliesnb- 
jwt. 

The  allt'j;<itioii  that  tlio  cjiittinv  of  tlu'  Sea  ilrulo  had  talccii  placo 
Nvitliiii  the  territorial  waters  ui"  the  eoloiiy  was  aseertaiiied  Li.v  clear 
l)root'  to  l>e  erroneous. 

The  (|iiestioiis  stated  iti  ilie  dispatch  of  Sir  V.  Woth'house  were  re- 
ferred to  tiie  hiw  olheers  of  the  Crown,  who  rejiorteil  on  them  as  fol- 
lows:' 

Opinion. 

Lincoln's  Inn,  (hhihrr  1'.*,  l-<i:i. 

Mv  Loito:  We  are  honored  with  your  Imtlship's  c<mimauds,  signified  in  Mr.  Ham- 
niond's  letter  of  the  ;iOth  September  ultimo,  stating  tli.it  he  was  <lirccted  by  your  Imd- 
ship  to  tiansmit  to  ns  the  accomi)anying  letters  ami  their  indosures  from  the  ml- 
iniralty  and  colonial  ollico,  dated  respectively  the  vJtJth  ami  iiDth  Sejitember  ultimo, 
n^lative  to  the  proceedings  at  the  Cape  ot  Good  Hope  of  the  confederate  vessels  ot 
war  (ieorgia,  Alabama,  and  lier  reputed  tender  Tuscaloosa;  and  to  retjuest  that  wo 
would  take  the  vuriuus  tiuestiuiis  raised  iu  those  papers,  and  especially  the  ojiiniou 

■Appendix,  vol.  i,  p.  322. 


CASK    (W    (JRKAT    HIUTAIX. 


347 


^'IVITI 


iv  flie  iictinji;  att<»riifv-;icnoral  of  tliiit  cidony  with   rojianl  to  tlit;  liittt-r  vohsoI, 


into  our  ronsiilcratioii.  and  favor  your  lonNliio  \vit!i  such  oliscrvatioiis  as  \V(>  inijjlit 
li.ivt'  to  make  thtTciipoii. 

Wo  ai<' also  hoiiori'd  with  your  lur,lshiit'.s  cuirii  i:i;l-i  sii^iiilii'il  in  Mr.  |[  iiirir>air.<t 
IcttiTof  thi'"i,l  OctolxT  install  t,  Stat  iii^;- 1  h  it.  with  icfi'it'iictito  liis  h'ttcr  of  Mid  ;{')t.li 
1114]  iilliiiio.  lit!  was  (liriM'tcil  l»y  *  your  lorilship  to  transmit  t(»  us  tlin  accomiiaiiyiiiv; 
li-itiT.  dated  thi-  'J.tth  S  •pt^'iiiliiT  iiitiiii  >.  from  Mr.  Adams,  i-tdativi!  t:)  thn  jtro- 
.('oihiiU'^  of  tht^  Alabama  olf  the  Capi'  (d"  (iooil  lloii,',  and  to  n'i|n.'st,  tliat  w:' woiihl 
lake  thi'  sami'  into  our  considcrjitioii,  to;;i'tii('r  witii  iia;i.;r.s  on  tiii.s  snhji'ct  thi'ii  hcforo 
lis,  and  favor  your  loi'dsliip  with  our  opinion  Ihcri'iipon. 

ill  olii'dii'uci' to  your  lordsliip'.s  comnianils  we  liavc  taken  thes'-  papi-r.-.  into  con- 
-idi'l'; 


ami  have  the  lionor  to  report  — 


Tiiat,  so  far  as  rehites  to  tiie  eaptnre  of  tlie  .Sea  IJride  inaih-  hy  the  .Vlahania,  it.  ap- 
|M',nrs,  as  we  nmh-rstand  tile  eviih-ni-e.  to  have  been  elf-rted  heyond  th;i  distanoo  of 
tlnci' miles  from  the  shor.' ;  and,  as  we  have  already  had  the  Innior  to  report  to  your 
liirilsliiii,  that  distance  must  lie  accepted  as  the  limit  of  ti-rritorial  Jniis  liction,  liR- 
iiinliiifi  to  the  i>reseiit  inh-  of  international  hiw  upon  that  siiltjcot.  ll  appi-ars,  how- 
ivcr,  tliat  this  prize,  very  >. on  after  her  capture,  was  hroujjht  within  the  distance  of 
twci  miles  from  the  shore;  and  as  this  w.as  contrary  to  Hi-r  .Majesty's  orders,  it  iiii^jht 
liavc  atfiirded  just  ;jroiinds  (if  the  apoloijy  of  Cai>tain  Semmes  for  this  imni'optu' act, 
wiiicli  he  ascriliiid  to  inadveiteiiee,  hail  not  heoii  a''ci'pted  l>y  Sir  I'hilip  WoihdiDiisa) 
•iir  the  interferenct)  of  the  .authorities  of  the  Capi'  (Joloiiy  ujioii  tin?  principles  whicli 
wi'  are  ahout  to  explain. 

Secondly,  witii  re.siiect  to  the  Alahama  heisclf,  we  aro  (dearly  of  ojiinioii  that 
neither  the  {joveriior  nor  any  other  authority  at  the  Cape  could  exennse  any  .jurisdic- 
tion over  her;  tind  that,  whatever  was  her  jirevious  history,  they  were  hound  to  treat 
lior  as  a  ship  of  war  hidoiiyinj^  to  a  btdli<;tueiit  power. 

Upon  the  third  point  raised  with  restud  to  the  vessel  called  tins  Tuscaloosa,  wo  ari» 
not  aide  to  a<iro«  with  the  o])inioM  expressed  l)y  the  attorney-^jeiioral  of  the  Capo 
Colony,  that  she  had  ceii.sed  to  have  the  character  of  a  prize  captured  l)y  the  Ala- 
liiima  merely  bectnise  she  Wiis,  at  the  time  of  her  bein;;  brouj;lit  within  IJritish  waters, 
ariiit'd  with  two  small  f?""**'  '"  eharije  of  an  otlicer,  and  manned  with  a  crew  of  ton 
men  from  the  Alabiiina,  and  used  as  ii  tender  to  that  vessel,  under  tin*  authority  of 
Captain  Senmu's. 

It  would  appear  that  the  Tuscaloosa  is  a  bark  of  500  tons,  captured  by  the  Ala- 
liaiiia  <itf  tli(' coast  of  IJriizil  on  the  "ilst  of  .Fiiiie  last,  and  broujjht  into  Siini>n's  Itiy 
nil  or  heforo  the  7th  of  Aajfiisl.  with  her  orijjinal  carj;o  of  wool  (itself,  as  well  as  the 
vessel,  prize)  still  on  board,  tind  witli  nothinj;  to  jjj'^'"  '"'''  'i  ^^iu'like  charactiu"  (so  far 
asappe.irs  from  the  pajiers  before  us)  excejtt  the  circumstances  alretidy  noticed. 

We  therefore  do  not  feel  cidled  i)}>on,  in  the  circunistances  id'  this  case,  to  enter 
into  the  i|nestion  whether,  in  the  case  of  a  vessid  duly  cmmnissioiied  iis  a  ship  of  w.-ir, 
alter  hiiiiij  made  jirize  by  a  bellij;erent  j;overnment,  without  beiii<r  lirst  bionji;ht  in/ra 
jinmidia  or  condemned  by  a  court  of  jirize,  the  charticter  of  prize,  within  the  nieaninjt 
lit  Her  Majesty's  orders,  would  or  would  not  be  nierj;ed  in  that  of  a  national  ship  ol' 
war.  It  is  enough  to  sa.v  that  the  citation  from  Mr.  Wheaton's  bo.dc  l»y  the  colonial 
attdiiiey-ijeneral  does  not  appear  to  ns  to  have  any  direct  bearin;;  upon  this  i|ui<stion. 

('(iiuiected  with  this  subject  is  tlu^  (|uestion  ;is  to  the  cargoes  of  captured  vessels, 
wliicliis  noticed  at  the  end  of  Sir  I'liiliji  Wodehoii.sc's  dispatfdi  of  the  lilth  Anjjnst 
ia.st.  \Vc  think  that,  iiccordinji  to  the  true  interpretation  id'  Her  Majesty's  orders, 
liiey  ai'ply  as  much  to  |trize  carj;iiesof  e\('ry  kind  whicdi  may  be  brounht  by  any  armed 
^liips  er  privateers  of  either  bellij;;erent  into  ISiitish  waters  jis  to  the  caiitiiii'd  vessels 
i!.'eiiiscl\cs  ;  they  do  not,  however,  apply  to  any  articles  whi(di  may  have  formed  part 
lit'  any  sindi  car;;oes.  if  biduj;ht  within  Ilritish  Jiiiisdiclioii,  not  by  armed  ships  or  pri- 
vatfcis  of  either  bidlijicrent.  but  by  other  iieisidis  who  nia\  have  aci|uireil  or  may 
ilaim  piiiperty  in  them  by  reason  of  any  deaiiii;4s  v.  itli  tlie  captors. 

We  think  it  rif^ht  to  observe  that  the  third  reasnn  alleiicd  by  the  colonial  attorney- 
iji'iieral  for  his  opinion  assumes  {tliou'.ih  the  f.nt  had  not  lieeii  made  thesnbjiH't  of  any 
|iii|niiv )  that  "  no  means  existed  for  deterniiiiiiiii  whether  tin-  ship  had  or  had  not  been 
jiiiliclally  condemned  in  a  court  of  eoiiii>eteiit  Jiiiisdiction  ;''  and  the  pro)iiisitiou  that, 
"(ulmiii'iiiij  lirr  to  littrr  hteii  ntjilurnl  liij  u  slii/)  of  iv.ir  of  llir  Coiifctlcralc  Slulis,  she  was 
I'lititlcil  to  rider  Her  Majesty's  ^overninent,  in  ease  of  dispute,  to  the,  coiut  (d*  liei 
stales,  in  order  to  satisfv  it  as  to  her  real  cliarai'ti 


ppears  to  lis  to  be  at  variance 
with  11,1  Majesty's  iindoiibted  ri^lit  to  deterininc.  within  her  own  territory,  whetlu^r 
her  orders,  made  in  vindication  of  her  own  neutrality,  have  been  violated  or  not. 

The  i]uesti(ui  remains,  what  coiiise  oui^ht  to  have  been  taken  by  the  anthoritioH  at 
tlie  (ape,  first,  in  order  to  Ji.scertain  whether  this  vessel  was,  as  alieired  by  the  Unitud 
Nuti'.s  iiiiiMul,  an  uiicoHdemned  juize,  broui;lit  within  British  waters  in  violation  ot 
Her  Majesty's  neutrality;  and  secmidlv,  what  (Hi.jht  to  have  been  done  if  such  ht»tl 
ap|)eaied  to  be  really  tlie  fact?  We  think  that  tin-  alle;j;atioiis  of  the  United  States 
iviii.siil  oiiirht  to  have  been  brouf^ht  to  the  kiiowled;;e  of  Caidiiin  Semmos  while  the 


ll 


348 


TKEATY   OF    WA.SIIINCJTON. 


I  i 


TiiHonloosa  was  Ktill  within  IJritish  waters ;  aixl  that  In-  should  have  hecn  rofiiiestcd 
to  statu  wlift)i(>r  h*t  <li<l  or  did  not  admit  tho  facts  to  h*i  as  alic<;iMl.  ]lo  should  also 
liavc  been  ciillod  uixtii  (unless  the  facts  were  admitted)  to  produce  tlie  Tustaloosu's 
]iapers.  If  tho  result  of  thest*  in<|uiries  liad  heen  to  ])rove  that  tlie  vt^ssel  was  re.illv 
an  uncondenined  juize,  lirou<{ht  into  Hrilisli  waters  in  violation  of  Her  Majesty's  or- 
<lerH,  niatU;  for  the  purpose  of  niaintainin<;  lier  neutrality,  it  would,  we  think,  di-scrvi- 
very  serious  consideration  whether  the  m<idc  of  proceed in<j  in  such  circumstances,  most 
tionsistent  with  Her  Majesty's  di;^nily  and  most  projter  for  the  vindication  of  her  tci- 
ritorial  rijjhts,  would  not  havi^  Iteeii  to  jirohihit  the  exercise  of  any  furthci'  contidl 
over  the  Tuscaloosa  hy  the  captors,  and  to  retain  that  vessel  nndei'  Her  .Majesty's 
control  and  jurisdiction  until  propt-ilv  reclaiunil  hv  her  oriijiual  owners. 

(Sijrned)  Ror.NDKI.M'.VLMKi;. 

K.  r.  COMJKlf. 
KOHKUT  I'HH.LIMOI.M:. 

lu.striK^tioiis  ill  acconlancL'  with  tliis  opinion  \vt*re  accordinji'Iy  sent  to 
Sir  I*.  AV()tl«'lir>us(>.' 
[115]         'In  ('oiincctioii    with    the   aliove   corri'spoiulonet'    it   may  lie 
coiivonii'iit  to  state  here  the  subsequent  history  of  the  Tii.sca 
loosa. 

The  (inestion  wliieh  arose  as  to  this  ship  was  not  wliether  there  hud 
been  a  violation  of  the  law  of  nations  or  of  Her  .Alajest.v's  neutrahty, 
but  whether  the  orders  issueii  by  Her  ^faji'sty's  <i()veininent,  that  iio 
ju'lzcs  .should  be  snlVered  to  be  broujiht  into  ports  within  Iler  .Alajesty's 
dominions,  had  (»r  had  not  been  iniViii^'ed.  This  aj;ain  depcmied  on 
the  question  wliether  the  Tuscaloosa  Innl  ov  had  not  been  divested  ot 
the  character  of  a  ])rize.  The  jr<»veriior  of  the  Cape  Colony  was  advised 
that  she  had,  and  he  acccndinoly  i>erniitted  her  to  depart.  Ib'i 
^rajesty's  o'overnment  was  a<l vised  that,  she  had  not.  She  returned  to 
Simon's  IJay  (Ui  the  IMJth  J)ecenilier,  JSi;;;,  and  was  then  seized  l)y  tlie 
rear-admiral  commanding;'  on  the  station,  with  the  concurrence  t»f  the 
};'oveinor.-  Directions  were  subseipiently  sent  by  Ib'r  .Majesty's  jidv- 
ernment  that  sln^  should  be  restored  to  her  commander,  Lieutenant 
J.ow,  on  tiu^  special  f^round  that,  haviii;^'  been  once  allowed  to  enter  aiiil 
leave  the  port,  he  was  fairly  entitled  to  assume  that  he  niifi'lit  do  so 
u  second  time.'  She  was  not,  however,  a(,'tually  .uivcM  up;  Lieuteiianr 
Low  haviii}*'  left  the  Cape  at  the  time,  and  tiiere  Iieinj;-  no  one  to  recoiv(^ 
her.  At  tiie  conclusion  of  tiie  war  she  was  handed  over  to  tlie  consiil 
of  the  United  States  as  the  representative  of  her  original  owners.' 

A  further  (piestion  afterward  arose  respectinj;  certain  jiioods  wliidi 
had  been  iminnted  by  a  I'rench  ship  into  the  ^Liuritius,  and  had  Immii 
claimed  hy  the  U'liitcd  States  consul  there,  on  the  ;;i-ouud  that  they 
lia<l  foiiiHMl  ]>art  of  tiie  carjio  ca[>tured  by  the  'Jaliama  in  the  Sea 
JJride.  This  (pustion  havin.n"  been  referred  to  i.ie  law-otlicers  of  t!a' 
Crown,  they  reported  on  it  as  follows:' 

The  Itor-tjticcr"  of  lb<  Cnxrn  to  ICutl  llnnavU. 

Lixcoi.s's  IxN,  Muij  11,  l-"t'>4. 

Mr  L<ii!i):  We  are  honored  with  your  lordship's  rommands  si^nilied  in  Mr.  Mur- 
ray's letter  of  the  .^)th  instant,  statin-;  that  he  was  directed  hy  your  lonlship  to  trans- 
mit t»)  ns  the  pajicrs  as  niarketl  in  the  nnnjjin,  respectiufi;  some  jjoods  which  had  iict'ii 
brought  to  the  Mauritius  in  the  French  hark  Hirene,  and  for  the  detention  of  whit !i 
application  was  nnidc^  liy  tho  United  States  consul  to  the  j;«)vernor  of  the  colony,  on  the 
ground  that  th«'y  had  formed  part  of  the  cargo  of  the  confederate  jirize  Sea  Uridf; 
and  Mr.  Murray  stated  that  we  should  observe  from  the  letter  from  tho  colonial  office 
of  the  &th  instant,  that  Mr.  S*;cretary  Cardwell  is  of  opinion  that,  as  the  question  of  the 
general  instructions  to  be  issued  to  tho  governors  of  Her  Mtyesty's  colonies  was 
brought  under  our  consideration  in  Mr.  Layard's  letter  of  the  l(5th  ultimo,  it  is  desira- 
ble that  we  should  also  have  before  us  the  papers  now  sent  to  us,  relative  to  the  tlis- 


'  Appendix,  vol.  1,  p.  W'XJ. 
*  Ibid.,  p.  'MX 


-  Ibid.,  pp.  :«0-342. 
"Ibid.,  p.  Hr>6. 


'  Ibid.,  pp.  34-2-344. 


CASE    OV    GRKAT    lUUTAIN. 


349 


]i(wal  lit"  tlio  carK(ii\s  ot  prizn  vohsoIh  broiiijht  into  ii  cKlmiiiil  |)i>it  in  IJiitisli  or  otiior 
neutral  vessels;  tiiiil  Mr.  Murray  was  arcordinj^ly  to  ri-ipii'st  tliat  we  would  takn  tiiiiso 
iiiiptis  into  i;oMMi(leriition,  to;;t'tla'r  with  those  lati'Iy  lielore  us.  uinl  enihodv  in  the  pro- 
nosed  instructions  to  tiie  colonial  governors  sneh  tlireitions  as  vvt!  may  eonsidi'r  adviwible 
on  this  partieular  head. 

In  ohedience  to  your  lordsliip's  roniinands  we  have  taken  these  )»aporH  into  connid- 
I'i'iitioii.  and  have  the  honor  to  repoit  that,  after  ('onsiderin<{  these  papers,  it  does  not 
appear  to  us  to  he  neee.ssary  to  make  any  ehanj^e  in,  or  addition  to,  the  draujfht  instruc- 
tioiis  prepared  hy  us,  pursuant  to  the  reijUest  conveyed  in  Mr.  Layard's  lottei  of  tho 
It'itli  ultimo. 

(^nest ions  such  as  that  lately  raised  at  the  Mauritius  liy  tho  I'nited  States  consul 
with  respect  to  the  car^^o  of  the  Sea  Ihide,  must  he  left,  in  our  opinion,  to  tho  (dvil 
triliMuals.  The  executive  <jovernment  has  no  authority  to  disre;;ard  or  call  in  question 
^\u'  ])i-im(i/avie  title,  evidenced  by  possession,  of  a  private  non-lielliirerent  iterson  wh(» 
luiii};^  property  of  this  descii[ttion  into  a  neutral  i»ort,  whether  he  he  a  lbrei;iner  or  a 
Uritisii  subject.  And  there  is  no  foumlation  in  law  for  the  idea  that  a  valid  title  can- 
not lie  made  to  property  taken  in  war,  by  enemy  from  emiuy,  without  a  [uim'  setitcnco 
lit'  condemnation. 

llie  absence  of  siudi  a  sentence  may  be  material  when  the  qui^stion  is  wheiher  cap- 
tuied  <;oods,  brou<;ht  by  a  bellii;erent  8hi|i  of  war.  <\emiit  from  civil  Jurisdiction,  into 
iinintral  port  from  wliichiuizes  an^  excluded,  ou^iht  to  be  regarded  by  the  n(?utral 
;;i(Veinnient  as  still  ha\  ing  the  character  of  prize  ;  but  this  is  altogethmdillerent  from 
;i  mere  <|ueslion  of  prtqicrty  in  the  goods  themselves. 
We  have,  iVc., 

(.Signed;  KOINDKIJ.  I'ALMICU. 

n.  \'.  COLLIKU. 
KOliKUT  I'lllJ.LIMOllE. 

It  lias  Ikh'Ii  iircvioiisly  .stiitotl  tliiit  the  Alabjiiiia  sailed  t'roiu  Simon's 
r.ay  on  tlie  l~>tli  Aiio'iist.  On  the  Kith  September  she  retiii'iied  thither/ 
aiul  sdoii  jifterwanl  sailed  for  the  Indian  Seas.  The  United  States  war- 
stcanier  Viinderbilt  had,  in  the  interval,  visited  both  Cape  Town  and 
.Simon's  liay,  eoaled,  and  departed  for  the  ^Mauritius.  She  had  ])re- 
viously  eoaled  at  St.  Jlelena,  and  at  the  Mauritius  she  obtained 
[Unj  a  renewed  supply.  The  *  Alabama  touched  jind  eoaled  at  Singa- 
pore on  or  about  the  l-'lst  of  J)eeeinber,  ISiiS;  returned  a  second 
tiiue  to  the  Cape  of  <lood  Ifopt^  on  the  LMKh  of  March,  1804;'^  and 
thence  inoceeded  to  Europe,  anchoring-,  on  the  llth  June,  1803,  in  the 
port  of  Cherbourg.  The  United  States  minister  at  Paris,  Mr.  Dayton, 
protested  in  writing  against  her  being  received  into  a  French  port.' 
8he  was,  however,  admitted,  and  suttered  to  coal  ami  to  make  such 
it'paiis  as  might  be  necessary,  but  did  not  obtain  permission  to  enter 
tho  government  docks. 

On  the  lOtli  June,  1804,  she  engaged  the  United  States  war-steamer 
Kear.sarge,  ott'  the  coast  of  France,  and  wiis  sunk,  after  an  action  lasting 
about  an  hour.  Some  of  her  ollicers  and  crew  were  picked  up  and  saved 
by  an  Eugli.sh  yacht  which  happened  to  be  near  at  hand,  and  some  by 
a  rrench  pilot-boat. 

With  reference  to  this  incident  some  correspondence  passed  between 
Mr.  Adams  and  the  government  of  Jler  IJritannic  Majesty,  IMr.  Adams 
erroneously  contending  that  it  was  the  duty  of  the  owner  of  the  yacht 
to  surrender  the  persons  whom  he  had  picked  up  to  the  captain  of  the 
Kearsarge.  To  the  representations  made  on  this  subject  Earl  Kussell 
replied  :* 

Earl  liKssell  to  Mr,  Adams. 


Foreign  Oki'ick,  June  27, 1864. 
Sir:  I  bavo  the  bouor  to  ackuowledgo  the  receipt  of  your  note  of  the  25tb  iD8t»nt, 
complaining  of  the  interfereuce  of  a  British  vessel,  the  Deerbouiid,  with  a  view  to  aid 
iu  etl'ectiug  the  escape  of  a  uumber  of  persons  belonging  to  the  Alabama,  who  you 


^  Appendix,  vol.  i, 
3  Ibid.,  p.  376. 


p.  325. 


*  Ibid.,  p.  372. 

♦  Ibid.,  p.  :J80. 


« 1^      y 


350 


THEATY    OF    WASHINGTON. 


«  !,• 


Htotn  liiul  uIm  ii«1,v  Minfiidrnd  tli<  iiihoIvch  ])riMiii«>r8  of  ^va^,  niul  calling;  my  iittiiitinii 
to  tlie  ii'iiiaikiili)<*  ])ro]:«irtioii  of  otIicciN  mid  Aiiicricun  iiiHiirK«'iitH,  iih  coinpaicd  wjti, 
tlie  wlioh-  iiiiiiiImt  of  iu'Ikoiim  rcHciud  from  llic  avuvch.  Yon  Htato  fiiitlicr  that  yon  can 
Murt'i'ly  nitcitiiiii  a  doubt  tliat  tbiH  Hclfctioii  \vmh  iiiiidn  \>y  ItritiKli  MitijfctB  witii  a  view 
to  coiiiiivc  at  llif  CMajuMif  tlnM'  ]iaitii'iilar  imlividiialM  from  cajttivity. 

I  liavo  tlio  lioiior  to  state  to  yon,  in  ifply,  tliat  it  a|)|iear8  to  me  that  tlic  ownirm 
tiiu  D<-«Thonn<l,  of  tho  royal  yaclit  K(|na(lron,  |i(>rforiii<-d  only  a  coninion  duty  dt 
Iiiinninity  in  saving  from  \\\v  vavcH  tht^  «aiitnin  and  st-vi-ral  of  the  cnw  of  the  Ala- 
hama.  Tlii'y  would  titliiMwisc,  in  all  probability,  have  bt«Mi  drownt'd,  and  tlin.>i  woiiiil 
iifvcr  hnvi;  iMtii  in  tin-  situation  of  |iiihon«'rs  of  war. 

It  dot-N  not  iippcar  t«i  m*-  to  b<-  any  part  id'  the  duty  of  a  nontrul  tu  uHNist  in  inukin^ 
prlNOfM'rH  of  war  for  «»n«'  of  tin-  bcllincrcntN. 

I  sluill,  howt-vcr,  traiiF-niit  to  ili<-  owner  of  tho  Deerhoiind  a  copy  of  your  httir  ami 
its  incloHures,  t«i<;ftber  with  a  copy  of  this  letter. 
I  am,  «ic., 
(Signed)  KL'.SSKLL. 

Tbe  followin;;  corrospomlenco  also  passed  lu't'.vcoii  the  (;ai)taiii  of  the 
Kt'ai saint',  and  M.  IJoiitils,  wlio  is  stated  to  have  been  au  aj;eut,  in 
I'rance,  of  the  goveiniiieiitof  the  CoiifiMlerate  States:' 

Captain  Ifiiislow,  I'liilal  Slalcn  Xary,  to  M.  I'ohJUh. 

Umtki»  Statkh  SriiAMsiiii'  Kr.AitsAitoK,  h'iXjuiii,  1-71. 
M<jN«iKii'. :  Certains  eanots  de  jdlots,  auxiiuel.s  j'avaiH  ])ermis,  par  biunanitt',  th 
Kauver  pluHi«'urs  {trihonnierH  lortsipuj  I'Alabama  eiH  sombre,  les  out  ann-nes  a  ('lierlioiii:.'. 
('eH  oiticiers  et  homines  dV>i|iiipa;!e  n'eu  sont  pas  moins  sounds  aux  obli<;atioii>  ipic  l.i 
loi  de  la  guerre  impos*;;  ils  sont  mes  prisouniers,  et  ,je  demande  (jn'ils  se  nndint  ;i 
bord  dn  Kearsiir^i;  pour  s'y  eonstitner  prisonniers.  Dans  lo  eas  (pi'ils  chenlu  liiieiit  a 
K«  tU'dier  de  cetto  obli<;ation  a  la  faveiir  <les  inoyens  (|ni  out  ete  employ^^s,  dans  des  ca- 
tjembhibl<'S<|ui  pourraient  se  presenter  ils  ne  doivunt  phis  attendre  aneiine  cleinenri'. 
(Simile)  .1X0.  A.  WINSl.OW. 

M.  Jlunjilx  lo  Captain  Window,  Unitid  Statin  Xary. 

MoNSliUK  :  J"ai  n-vn  votre  b-ttre  «lu  til  .iuiii.  I^'objet  de  votre  reelaiuation  ot  ini 
de  ceux  siir  le.s(|uels  je  n'exi'ret!  aueiin  eontrole,  etje  voiis  ferai  reniarqiier  ipie  votif 
demnnde  aiirait  dii  etre  addressee  au  •.(onvernenient  franvais,  chez  lequel  eus  malbeunnx 
out  tronv<''  refii;.re. 

Je  ne  coiinais  anennc  loi  de  la  <>;uerrt-  qui  eiiqx'ebe  uii  stddat  tb^  .s'l-chapjn-r  il'iin 
champ  de  bataille  apres  un  re\crs,  lors  nieiiie  (pril  aurait  »'ti'  «l«'ja  fait  prison ii iir,  i-t 
ju  ne  vois  ]ias  poiirqiioi  nn  niarin  n'en  ]iourrait  )>as  (aire  antant  a  la  na;;e.  .lu  iliii< 
refuser  cl'a^ir  comme  votre  iiiterme<liaire  aujires  de  certaines  iiers<uines  qne  voiis  in- 
nonimc/  uieme  pas,  et  que  n<'>aniiioins  voiis  leelame/  comme  etaiit  vos  iirisonnicr". 

Je  ne  puis  non  plus  comprendre  eoniinent  les  autorit('S  des  rUats-l'nis  pciivi-nt  ]tn' 
tendre  reteuir  des  prisonniers  dans  les  limites  dt!  Tenipire  franeais. 
•Its  suis,  &«•., 
(«i{,Mie)  IJONFILf?. 

{117J  *After  the  original  departure  of  the  Ahibaina  from  Liverpool, 
many  comnmniealioiis  were  from  time  to  time  atblre.sseil  i»y  ,Mr. 
Adams  to  ller  Majesty's  oovernment,  in  wliieii  he  dwelt  on  the  cirtiiin 
stances  that  the  ve.ssel  was  built  in  lOngland,  and  subsequently  received 
lier  jirmanient  from  En';land;  that  eoai  and  supplies  had  also  been  pm 
<;ured  for  her  from  Knyland  ;  that  many  of  her  erew  were  British  sub 
jects,  and  that  their  wa^es  were  paid  to  their  wives  and  famiMcs  in 
Englatul,  through  merchants  resident  at  Liverpool.  Tiiese  ciicnni 
.stances  were  repeatedly  referred  to  by  jNIr.  Adams;  and,  in  a  letter 
inclosed  by  him  to  Karl  Jius.sell,  dated  the  11th  January,  18()4,- and 
written  by  JMr.  ]>udley,  they  were  enumerated  as  proving  that  tlu' 
Alabama  ought  to  be  deemed  a  British  ship,  and  her  acts  piratical.  Tlie 
law-oflicers  of  the  Crown  were  retpiested  to  advise  the  governnieiit 
Avhetber  any  proceedings  could  be  taken  with  reference  to  the  supposeil 
breaches  of  neutrality  alleged  by  Mr.  Adtims  and  Mr.  Dudley,  and  they 
reported  as  follows  :^ 

'Appeudix,  vol.  i,  p.  "jyu.  -  ibid.,  p.  'i'i(\.  'ibid.,  p.  '235. 


CASK    OF   GRKAT    lUtlTAIN. 


:\bi 


Opinion  of  luir-offitirfi, 

W«^  nro  <)!' (ipinioii  that  no  pruct't'ilinj^s  ran  iit  incscnt  li(>  taken  witli  ntt'crunoo  ti>^ 
ftiiy  of  tlid  matters  allfp-tl  as  lin-aelii's  of  neutrality  in  tin;  ai'(;oni|»aiijinj>;  printed 
pajiiTs. 

If  tlie  jHTMoiiH  allefjed  to  lie  Kn;jlislnnen  or  Irisluiu'ii  wlio  hnvo  been  ser\  injj  on 
hoard  tho  AlaliHiini  are  natiiral-ltorn  Kiitisli  Nulijeets,  tlu\v  are  undonlitediv  otVenderH 
iifrainHt  tlio  forei^neidi.stnient  act.  ]tiit,  not  Itein;;  (Nofar  hh  it  appears)  williin  Ikitisli 
iiiriMliction,  no  proeeedlnirs  can  n(»w  he  taken  a>;ainst  them  :  and  it  is,  under  these 
(irtunistaiH'es,  unnecessary  to  enter  into  the  <|UeHtii>n  of  tlie  snilicieney  or  insnillcieney, 
III  other  respects,  of  the  evidence  a;;ainst  them  contained  in  John  Latham's  allldavit 
of  the  8th  January  hwt.  Wliether  any  acts  were  (h)ne  within  th«  United  Kin;;dom  U* 
iiidticc  all  or  any  of  these  persons  to  «Milist  in  the  confederate  service,  or  to  ^o  abroad 
tiirthat  purpose,  wliieli  would  b<>  punislniblo  under  the  for<!i}ru-enlistin(>nt  act,  is  a. 
HiK'stion  on  which  these  )>apers  throw  little  or  nr>  liyht;  certainly  they  fnniish  no 
ividenco  of  any  such  acts  against  any  p(  rscnis  or  jierson  now  within  IJritish  jnris<lic- 
tion,  on  whi(di  any  ]iroceedin;>;s  couhl  ])os.sibly  be  taken  under  that  statute. 

So  far  as  relates  to  the  su)i|»ly  of  coals  or  other  jtrovisions  or  stores  to  the  .Mabania, 
and  the  jtaymcnts  made  to  r«'lativ»'s  of  seamen  or  others  serviiij;  on  board  that  ship  by 
persons  resident  in  the  country,  we  are  not  awfire  of  any  law  i)y  which  such  a<ts  are 
proliiliitcd,  and  therefore  no  i)roceediuj;s  can  be  taken  ajjainst  any  person  on  that 
account. 

So  far  as  relates  to  Mr.  Dudley's  argument  (not  now  for  the  tirst  tinw)  advanced)  that 
the  Aliiliama  is  an  KtiKlish  ]>iratieal  craft,  it  mi^ht  have  been  enouj;li  to  say  tinit  Mr. 
Ihidley,  while  ho  cnumerutes  almost  everythinj;  which  is  imniiiterial,  omits  every- 
tliiii^tliat  is  material,  to  constitute  that  character.  Thecharactt'rof  an  Kn;;lisli  pirate 
cannot  ]i(issibly  belon<{  to  a  vessel  armed  and  commissioned  as  a  public  ship  of  war  by 
the  C'oiil'ediU'ate  States,  and  commanded  by  an  otbcer  belon^inji;  to  the  navy  of  those 
States,  under  their  authority.  Smdi  the  Alabama  undoubtedly  is,  and  has  l>een,  ever 
since  slic  lirst  hoisted  the  confedertite  tla^j,  and  n^i^eived  her  armanu'iit  at  Ter<;eira. 
Kveu  liy  the  schedule  of  John  Latham's  attidavit,  in  which  he  describes  the  urcater 
part  of  her  petty-otHcers  and  seamen  (on  what  evidence  we  know  not^  as  Kn<r|ishmen 
(ir  hislinien,  it  apjiears  that  twenty  out  of  the  twenty-(iv(!  superior  olliiters  (as  well  as 
the  c.'iptaiu)  are  not  so  described;  and  of  these  twenty  otticers  one  is  stated  to  be  the 
liiotlier-in-law  of  the  I'resident  of  the  Confederate  States.  It  is  to  be  rejjretted  that, 
in  any  of  the  discussions  on  this  subject,  so  nninifest  an  abuse  of  lan<riia<;e  as  the  appli- 
cation of  the  ttTin  "Knulish  pirati<;al  craft"  to  the  Alabama  shouhl  still  be  permitted 
t(i  continue. 

(Sijrned)  K'OINDKLL  I'ALMKK. 

\i.   r.  COLLI KK. 


r' 


:*'J| 


m 


1:. 

1^ 

\* 

*^, 

M 

SI  MMAUV 


The  Alabiuiiii  wa.s  built  at  JJirkonlK'ad  by  a  shij»-biiil(liiiy'  llnii  wliirh 
liiul  tor  a  loiiy  time  cariiinl  on  a  very  oxteu.sive  bu.siiie.s.s.  Tlio  biiildiii*^' 
ot  ships  oi"  war  leciuirod  lor  the  use  of  I'oreijjfu  yovenimeiits,  and  ordereil 
by  siicli  }>'oveninient.s  directly  or  throno;li  a}i;eiits,  had  Ibrined  a  part  of 
the  ordinary  busines.s  of  the  linn.  It  ha.s  been  alleged  that  one  of  the 
ni('nil)ers  of  the  linn  was  a  member  of  the  JFou.se  <»f  Commons.  This 
allej,'ation,  if  it  were  true,  wonhl  be  immaterial;  but  Her  ]\Iajesty"s 
jrovt-rmnent  has  been  informetl  and  believes  that  it  was  not  true,  and 
that  .Mr.  John  Lainl,  who  was  mend)er  of  Parliament  for  IJirkenhead, 
iiiul  liad  formerly  been  a  partner  in  the  busines.s,  had  ceased  to  be  so 
bolorc  the  buildinj;-  of  the  Alabama.  The  vessel  api)ears  to  have  been 
f'oinpleted  by  the  builders  for  delivery  in  the  pent  of  Liverpool,  and  to 
liiive  been  delivered  accordinftly  ;  and  Her  Majesty'.s  government  sees 
no  rea.son  to  doubt  that  the  building  and  delivery  of  the  vessel  were,  so  far 

as  the  builders  were  concerned,  transactions  in  the  ordinary  course 
[11H|    *of  their   business,  though  they  probably  knew,  and  did  not 

(li.sclose,  the  employn»ent  for  which  she  wa.s  intended  by  the  per- 
son or  per.sons  to  whose  order  she  had  been  built. 

The  general  (ionstruction  of  the  vessel  was  such  as  to  make  it  appar- 
I'lit  that  she  was  intended  for  war  and  not  for  commerce. 


:i52 


TKKATV    OK    WA.SlilXOTON. 


Tlu'  Jittt'litioii  of  Mr.  Diullc.v  had  been  cuIUmI  to  this  vcssrl  in  Nuvem. 
her,  ISIJI,  l»y  his  pn'dtTessor  in  oillco.  The  attention  ol'  llrr  JJrifiiiinic 
-"Miij«'st.v's  yoveiiiMK'iit  was  lor  the  llrst  time  direeted  to  her  hy  >i,., 
Adams,  in  a  n«)t«'  reeeived  on  tlie  I'lth  of  June,  1S(JL». 

^Ir.  A<h»ms's  eoinmuniitation  was  n'fened  immediately  to  tln>  law  uili. 
<'ers  of  the  ( 'rown.  ln(iuirit's  were  ilireeted  to  he  forthwith  institiitnl  at 
liiverpool,  and  su(;li  in(|niries  were  instituted  and  proseeuted  aceoid. 
iiiyly.  31  r.  Adams  was  at  the  same  time  re(|ueste<l  to  instruct  tlic 
United  States  consul  at  Liverpool  to  sidnnit  such  evidence  as  he  iiii;;lit 
l)Ossess,  tendiii;;'  to  s1m)W  that  his  suspicions  us  to  tluMlestiiiatioii  ol 
the  vi'ssel  were  well  found«'d,  to  the  collector  of  customs  at  that  pmt. 

In  order  to  enable  ller  iMajesty's  «;()vernnient  to  justify  and  support  a 
seizure  of  the  vessel,  it  was  necessary  that  the  governnu'Ut  should  liuvf 
jeasonable  eviden<*e,  uot  only  that  she  had  been  or  was  l»einu equipped, 
armed,  or  fitted  out  for  war,  but  also  that  she  was  so  erpiipped,  ariiit'd, 
or  lifted  out  w  ith  the  intenti<ui  that  she  shouhl  be  usetl  to  cinisi'  oi 
<'umunt  hostilities  a;;ainst  the  United  States. 

A<lmissil»le  and  material  evidence,  temlinj*'  to  prove  tin;  existence  ot 
.such  an  unlawful  intention,  was  for  the  first  titne  obtained  by  the  cus- 
toms olliiters  at  Liver[)ool  on  the  L'lst  .Iidy,  iSlili,  and  came  into  the 
possessicii  of  Jler  Majt'Sty's  j;()vernmeut  on  the  folio  win;;'  diiy.  Tlli^ 
evidence,  however,  though  ailmissiblo  and  material,  was  very  scanty, 
cousistiu;;"  in  reality  of  the  testinu)ny  of  one  witness,  who  stated  facU 
within  his  own  kuowiedye,  that  of  the  other  dei)oneuts  beiiij;"  wholly  or 
chietly  hearsay.  Further  testiuumy  was  obtaimnl  on  the  -.'Sd  July,  and 
additiomil  evideuc*^  on  tin'  25th  July. 

It  was  the  ri;;ht  and  duty  of  Her  Majesty's  ^-overnuu'ut  to  inform  its 
jud{?ment  as  to  the  cretlibility  and  su(liciem;y  of  the  eviilence  obtained 
as  aforesaid,  by  consulting  its  olHcial  legal  advisers.  Xor  can  any 
reasonable  time  taken  by  the  advisers  of  the  government  for  delibera- 
tion, especially  when  additional  materials  were  being  daily  received  and 
hent  to  them,  bo  a  grouiul  for  imputing  want  of  duo  diligence  to 
iler  Majesty's  government.  Olio  of  Her  Majesty's  ordinary  legal  ad 
visers,  tiie  (iueeii's  advocate,  now  deceased,  was  at  that  time  seriously 
ill  of  a  malady  from  which  he  never  recovered,  and  this  was  mentioned 
at  the  time  (on  the  olst  July,  1<S()2)  by  Lord  liussell  to  Mr.  Adams,  as 
a  circumstanco  which  had  occasion nd  some  delay.^ 

All  the  evidence  obtained  as  aforesaid  was  in  fact  referred  by  the 
government  as  soon  as  obtained,  with  the  utmost  expedition,  to  its 
legal  advisers. 

The  advisers  of  the  government,  on  the  LM)th  July,  reported  tlieir 
opinion  that  the  evidence  was  sutlicient  to  justify  a  seizure  of  the 
vessel. 

On  the  day  on  which  this  oi>iniou  was  given,  and  before  it  could  W 
reported  to  the  government,  the  Alabama  put  to  sea.  She  had  not 
been  registered,  and  the  application  for  a  clearance,  which  is  usual  in 
the  case  of  ships  leaving  port,  had  uot  been  made,  and  the  intention 
to  carry  her  to  sea  was  concealed  by  means  of  an  artittce. 

The  destination  of  the  vessel,  and  the  course  which  she  would  take 
after  putting  to  sea,  were  entirely  unknown,  except  to  the  persons  im- 
mediately concerned  in  dispatching  her.  Orders  for  arresting  her  were, 
however,  sent  by  the  government  to  various  phK^es  at  which  she  miglit 
probably  touch  after  leaving  Liverpool,  and  to  Nassau. 

The  Alabama  sailed  from  England  wholly  unarmed,  and  with  a  crow 
hired  to  work  the  ship  and  not  enlisted  for  the  confederate  service.    She 

I  Appeudtx,  vol.  1,  p.  249. 


CASE    OF   GREAT    HHITAIX. 


353 


roroiv('<l  lior  nnnjinicnt  ut  a  <lisf!iiMM«  of  ni(»n»  tliiin  .n  thonsiiiid  mill's 
troni  I'ln^diiiKl,  iiiid  wiis  iiitncd  tor  wiir,  not  within  tli<'  dominions  of  JU-r 
M;ij«'sty,  Imt  i-itlicr  in  l'ortnj,ni»'st'  wjitois  or  on  tin*  liij;li  si-ns. 

tlii>  <;nns  nnd  iimmunition  wliirh  wcri'  put  on  l>oiir<l  tin*  Aliihiimsi 
ntVTcrccini  Inid  \h'v\\  iirocnrrd  and  exported  fntm  ICnylaml  in  an  ordi- 
iiiiry  iiK'irhaiit  steamer,  wliieli  loaded  tlieni  as  ear;;o  and  sailed  with  a 
rcjjiilar  elearanee  tor  Nassau. 

Tlu'  Alahanni  was  eomndssioned  by  the  ;;«)v»'niment  of  the  Confeder- 
iitc  States,  and  commanded  and  officered  l»y  American  eiti/ens.  Of  the 
(lew  a  coiisiderahh^  number  were  Ilritish  sidijet'ts,  who  were  induced  l>y 
IMTsnasioii  and  pi'omises  of  rewanl  to  take  service  in  her  while  sh(* 
was  otV  Tercel ra.  Others  were  Ayierican  «*iti/ens,  and  the  iiroportioii 
which  these  bore-  to  the  rest  increased  <lnrinj;  her  cruise. 

After  having;  been  armed  and  commissioned  as  a  Hhip  of  war  of  the 
(Oiiteilerate  States,  the  Alabama  was  admitted  in  that  cliara«'tcr  into 
|Mnts  of  all  the  countries  visited  by  her,  .anntn?;'  whiith  w»'re  several 
III' the  ("olonies  of  (Ireat  llritain.  In  these  she  was  received  on  the 
siiiiic  tootiiij^  a^  elsewhere,  without  favor  or  paitiillity. 

No  serious  endeavor  to  capture  the  Alabama  ajiptsirs  to  have  been 
made  on  the  part  *of  the  (lovernment  of  the  rnited  States.  The 
jll'.t]  Tuscarora,  which  haH  been  summoned  by  !\h'.  Adams  to  an  IIiik- 
lish  jiort  in  order  to  intercept  heron  her  depaiture,  failed  to  do 
so,  ;i|t]»ari'ntly  throuy:h  the  remissness  of  the  Tuscarora's  connnander. 
Duriiiji'  tlie  whole  cruise,  which  lasted  n«'arly  two  yeais,  and  until  slu' 
sailed  iVom  the  port  of  Cherbourg  to  en};aj»e  the.  Kearsarj-e,  she  was 
only  cncountert'd  twice  by  United  States  ships;  onpe  in  the  (Julf  of 
Mexico,  when  she  voluntarily  provoked  an  a<'tion  and  suidv  her  opponent, 
Hilda  second  time  when  she  oliuled  the  pursuit  of  the  San  Jacinto,  at 
Martini<|ue. 

Her  ]>iitanni(!  Majesty's  government  cannot  admit  that,  in  lespcct  of 
the  AIal>ama,  it  is  Justly  chargeable  with  any  failure  of  international 
duty,  for  which  reparation  is  due  frbni  Great  IJritain  to  the  United 
States. 

23  a 


[li>(.] 


P  A  R  T     \'  1 1 . 


STATKMLXT  Of  FACTS  RK[,.\TIVE  TO  THE  GI^ORGIA. 


Oil  the  8tli  April,  ISf;;^,  y\v.  Adiinm  jhMivssod  to  Karl  linsMcll  u  unit- 
pii.1    >ii.  II..   v<'Sj)cctin»;' a  Mtcam  V('S,s«'!,  Imiit  in  Dumlciifoii,  in  SchiIhihI, 
'"""•"'  apfi  at  first  lvn!)wii  as  tin-  ,»ai>aii,  but  .substMiiuMiti.v  as  the 

Clooi'iia. 

This  \»'ss('i  hati  ]»ut  to  son  .six  ih\\H  boforo  the  date  of  ]\Ir.  AiIiiiun- 
note,  aiiil  was  at  that  date  out  of  the  (Jiiecn's  (h)iiiiiii(»i!s.  No  iiitnniiu 
tion  wiiatcvrr  ichitiiif;'  to  her  ha«l  pn'vionsly  rrafhed'  Hrr  3!ji.j«'st\"> 
{•ovoMiiiK'nl.     Mr.  Adams's  note  was  as  foHow.s:'' 


Mr.  JiJdHiM  to  V.url  lUmwU. 


m 


It 

4, 


Lkoatk'V  ok  Tin:  I'.viriW)  Stviks, 

LoikIoii.  Iiitil  f,  I'^li!!. 
•  My  I.iti;i>:  I'voin  iiifDrmutiou  rfooi v«'fl  nt  this  lcjLtiilii)t),  whicli  iiii|i(iiiN  fiitillcil  in 
«':i'i(it,  1  iiiii  (•(iiii(iclli'il  ill  flic  |>(«iiil"iil  (•(iiM'ln.'iiiiii  flial  a  Ntrain-vt'sscl  lia.s  Just  (lr|i;iiiii! 
riain  till'  Clyili'  willi-tlii'  iiiti'iil  ,0  (ic|iri<lati'  on  lln;  (■<.ininiTc<'  of  tlic  i>rii|ilr  nl' tin 
I'liitfil  SlatcK.  Sill-  [(asst'il  tlifii  imiitT  tlii'  taiiu-  nl'  llw  Japan,  Imi  is  >inri'  1mIIi'\ciI  Iu 
]iav<'  avMiiurd  ilif  naiiic  of  tin-  N'ii'Kiiiia.  hw  iiiiini'diati  (!f.'<liti:iti(Mi  is  the  i>tl;iMil  ni 
Alilii. -,v.  wiicif  it  is  .-.iiiiimsi'il  ilic  iiia\'  \i'l  l)i'  at  tliis  niiimtnl..  A  .small  sicaiiK  r  .iillcil 
till'  Alai .  l!cloii;,;ini>' to  N'i'w  lia vi  II,  ami  cDiiiiuaiHlnl  Ky  Ilmrv  I'.  M.nilcs.  lias  hrni  l(i:iili.i! 
witli  a  \:\yp;K'  .■niijijiIn  of  jiniis,  sliijls.  siiot,  jiowdiT,  Ar..  intfmlfd  for  tin-  i'i|iii|iiiiriii  nl 
tilt"  \'ir;iiiii;i.  ami  is  citlifi-  on  1  ic  way  or  lias  aiaivfil  tlicrr.  It  i>  I'lirflnT  alli'unl  tliiii 
a  coiisidfiahlc  iiniiiticr  ot   liiitidi  Mul»)('Cts  liav<i  Ixtii  fnlistfd  ;it  l.iviijiool,  ami  .srnt  ;.. 


hfl'M'  o|i    111'  ,11 


1  lliis  ( rnisi'i'. 


Slioiil.i  it  111'  yi't  in  till'  (lo'vi 


■  Hrr  Majrsty'rt  ^iiviTiiiiiic?!!  to  institute  soim-  iiii|iii 


into  tin-  iiatiiir  of  tln'sc  prr.i  l•('(liny;.'^,  in  season  to  i'-<lalilisli  llieir  iliaiaefer  if  iiiiinniit. 
oi'  111  )iiil  a  .slo]i  to  thi'iii  if  ciiiiiimi],  I  feci  .siii'i*  that  it  woiilil  lie  Miiioviii^  a  iir;ny 
liimlrii  of  anxii'tv  (Vom  tlie  inimls  of  iiiv  nimilrvnier,  in  tin-  rnifed  Stati'.s. 


I  I  nay,  iVr, 


(Sinni'i 


1) 


(  IIAli'LKS  IK'ANrlH  AI>AMS. 


o\v 


Fioiii  tii.si>at<ln's  a<hh'('ss('d  by  ^Ir.  A. dams  and   .Mr.  I>nd!('y  to  Micir 
II  <  litscriiiiicnt,  it   appears  that    tlie  cniisiils  of  the  I'liitcd  St;m's  at 


(ihisonw  and  Liverpool,  and  Mr.  .\(hmi,'<  iiimst'lf.  had  for  a  h)ii;^  lii 
been  in  pos.si'ssion  of  ir-lonnation  res]»'cf iiiL'  this  \('ss«-]|and  that  she 
had  h)\\'^  liccn  an  oi  |«'(  t  ot  snspirion  to  tiicin.  Mr.  Adams,  (tn  tln'Mih 
April.  \Sii:\,  wrote  a  *  lblh»\vs  to  Mi'.  Hewavtl : 

Lastly,  eiinii':  tiie  i  use   if  till-  ,Ia|>ini,  nlid'i  tlic  \'ii 


I.  I  Iiave  liecii  loli(;  in  till'  pi" 
Hi'ssioii  III'  ii'.lorniatioii  iilioiit  llu'  roii>.l  rml  imi  am:  oiitiil  nl  ili.'it  M'ssel  mi  tlie  (  Iv'.. 
but  iiotliiii<i  lias  i'\er  lieeii  liirnislied  to  me  of  a  latiiie  to  base  |>roit'i(liii;;N  ii|iiin 
I^ianiine,  liowevci-,  tli.al  sin-  had  ,fom'  to  the  island  of  .Aldi-niey  to  take  In  r  11111:11111111 
tlit'vc,  I  made  ii|i  m>  mind  to  send  iiotiee  ot'  it  to  ihe  Itritish  govetiiment,  .ml  Iimm' ii 
til  them  to  aet  in  the  case  as  they  mi<;ht  liiiiik  lit. 

Mr.  Dudley,  on  the  ,U\  April,  hatl  written  as  follows  to  ISlr.  8e\vani : 

Ml".  I'mlerwr  id.  our  consul  at  ( Jliisirow,  has  no ilontit  irifni'ined  von  ahoiit  the  st(';iiiii ' 


t:o\v  called  the  .la)iaii,  finiiicily  tlie  \  ir^iiiia,  t>  hieh  ii4  iihoiit  to  clear  from  this  iimt  I" 
tlic  I'.asi  Imlii  H,  .Sonu'  seventy  iii'  einhly  men,  t\\  ice  the  iininhcr  that  would  he  iei|iiiiii 
lor  aiiN  li'^iliiiiiitc  viiyii>;c,  were  shiiiped  at  l.iMriinoI  lor  this  vcm.m'I,  and  sent 
Ort'i'ie  ■  U  on  'lomlay  cvciiiiij;  last,     'I'hcy  arc  shijuMil  fur  a  voyaHo  of  three  yi';ii.s. 


Mv 


■Aiiiivtuiix,  vol.  i,  i».  'iiJ, 


CA!«E    OF   GREAT    DRITAIX. 


355 


UA'wf  is  Ilii>t  s}ic  liolonijs  to  tli     "nnftMlorah's,  and  is  t<»  h mvortcd  iiiti>  a  juix  atci'i  ; 

,|iiit«'  lii<i'l.V  to  <Tiiist^  ill  tliti  Kast  li.I:  -^  as  Mr.  Yi>im;x,  the  i»ayiiiasti  rfnun  ti<^'  Ala)»aina, 
telle  nil  it  has  ulway.s  Imm-ii  a  lavoiitf  idea  <••'  Mr.  Mallory,  tlu'  scciftaiy  of  tin;  jtiiilt-d- 
,,f.,(,.  navy,  to  wiid  a  [irivatiMi  in  tlicHi^  waters.  I  sent  a  man  fi<ini  licif  to  Glasyjif';  to 
;iic')iii|tany  tiii'.MC  men,  to  cndciivdr  to  fin<l  out  the  dfstination  nl'  tin'  vcssi-l.  Af.  Iln 
jijis  imt  l.cfii  Miif<'i'ssriil  yrt  ill  liis  ('(rorts.  Ili-  lias  Itcfii  ou  boanl,  and  writes  tliat  ■ilu) 
La^  no  aviiiaini'iit.  and  li(«  is  still  tlicru  watcliiiif;  Inr. 

No  comiimiiication  rcspcctiiif;  tliis  vessel  Wiis  made  to  Mov  Mnjt'sty's 
jrovtM luuciit  until  tlie  Stii  April,  ki.k  days  afti-r  her  departure  iVoin  IJiitisli 
wuter.s. 

Tlie  leeeipt  of  Mr.  Adams's  note  of  the  Sth  April  was  unonicially 
a('kii<»wh'd}j;<'<l  '».v  i^'i'-  ilaiiimoiid,  one  ol"  the  uiitlerseeretaries  of  state 
tor  lorei;:;i»  allairs,  as  follows  :' 

Mr.  Ilammotid  to  Mr.  Adam*. 

Il'riviiti'.]  roiSKHiN  t)i  IKK.  .Ipiil  ^,  HC);}. 

My   Ukau  Stii :  1    found   yoiir   iinnu'diato  letti-r  on  my  uirivjil  at  the  ortlei' at  I'i.l.'j, 

and  as  your  m:iil  ii<ii's,  I  lielicvi'.  to-day.  yon  iiuiy  like  to  know  at  onec  that  within 

I  I'JIJ  liiilt'  an  hour  of  that  time  it  was  sent  to  the  "-nme  odice,  within  wli  i    •  jiartien- 

lar  jmisdiction  are  the  ('lutiiiiel  ImIhiuIm.     A  f.'oiiy  will  also  he  sent  I'   <jie  tieas- 

iirv  Its  soiiii  as  it  can  he  made. 

Volt  shall   have  an  oltieial  aeknowledi^iuout  of  your  letter  as  soon  as  I  can  ;;et  Lord 
KuhseH's  sif,'.natiire.  hiit  he  is  out  of  towu, 
Virv  faithfully,  &.C., 
(Si^neil)  K.  HAMMOND. 

Cepies  of  Mr.  Adams's  note  wwte,  on  the  same  <lay,  .siMit  to  the  home 
otlice  and  the  treasury,  and  tho.se  dejiartnients  were  riMptested  to 
:uliipt,  "  itlnnit  delay,  the  mea. Mires  most  snital>h»  for  ascerfainino  (he 
,  ••orrt'ctiiess  (»f  the  icporl,  and,  if  it  should  prove  to  be  w»>ll  fuunded, 
then  to  take  the!  most  efleetnal  nu'asnres  allowed  by  law  for  «Iefeatin}; 
tiic  alle^,('(i  attempt  (o  lit  ont  a  ltel!iot'!',.||t  vessel  fntm  a  IJritish  port, 
ami  for  hrin^jinj,'  to  jnsti<*e  all  per.sons  eonneeted  with  the  vessel  who 
jiji^ht  have  rendeicd  themselves  ainenalde  to  the  law. 

ill  pmsnanc  of  this  re(pu'st,  the  followin>;  letter  was  addressed  by 
the  initler-.si'crelary  of  state  for  the  home  department  to  the  lieiitenart- 
governor  of  (IiU'rn.sey  :^ 

Mr.   UmldiHtjton  to  Mujor-Uiniral  Sludr. 

WlllTKIIAI.I,,     tftri)  "i.  ls(i:i. 

Ml:;  1  am  directed  hy  Sir  Ceor-^e  Grey  |h  iransuiil  to  mhi  Inirwiih,  as  n-eeivi  <1 
tliiniii^li  the  li(iei;;ii  (il'tiei',  u  eo|iy  of  a  let li-r  (Vinii  t Ik-  Viii; iil  .Slates  iiiiiii^ter  at  this 
>cmn,  ii'sneetiii!;  a  sleainvesscl  named  either  the  .lapan  or  tlw  \'ir;iini;i.  re|iorted  to 
liave  left  the  Clsde  for  .Mdei  iiey.  wlnii-  >he  i.■^  (o  iiTi'ive  on  lioard  an  armaiiieiil  eon- 
vived  III  that  island  1  >  .a  small  •*!eamei.  the  Alar,  heloiiy;ini;  to  Newliaveii.  and  is  to  he 
rvciilieilly  em|doyed  ill  lioslilit  ies  af;aiii--l  the  I'nited  States;  and  I  am  to  i'ei|iiest  that 
Villi  will  male  imniediale  in<|niry  iiilo  I  he  truth  of  the  allegations  eontaiiied  in  that 
(iiiniiiniiieatioii. 

1   have  to  call    your  alteiition  to  (he  ^tatnle  .'I'.Mieo.  Ilf .  cap.  (i!(.     Seet ion  7  appear-i 

til  111-  .ippliialde  In  thi-  eas".  if  the  information  whi'di  has  I n  ifjvi'ii    to   the   minister 

<it' the  raited  Stales  of  Anierii-i  shmihl  turnout  to  he  enrreei.  in  that  ease  the  law- 
otliciTs  of  till'  Clown  ^hould  he  iiistrueird  to  take  ••.  itlnuil  delay  the  proprr  proered- 
iimn  aatlmri/ed  hy  the  law  of  Ahlerney,  lo  eiiloiee  the  pro\  i^ioiis  of  the  aet  in  ipies- 
tiim,  ;iiid  the  olheers  of  <'U.>ioius  may  he  railed  upon  lo  a^si^.t,  if  necessary. 

Ml  (icorne  (Jrey  will  he  ;ilad  to  he  infoimed  of  the  remilt  of  tln^  iiniiiiry,  and  ol'  any 
»it|is  that  may  he  t.ikeii  in  conseijiicnce. 
I  have.  &i;., 
(Si^jmin  H.  WADKlNtiTON. 

The  lieutenant  i;overm)r,   on    reeeivin}.f   these  in.stnictious,  desired 


>  Appondix,  vol.  i,  p.  :;9<J. 


« Ibid.,  p,  401. 


a5G 


TREATY    OF    WASHINGTON. 


<'ai)t5iin  do  Hsiumarcz,  ('<>iiiiniiii<Iiii<>-  \lvv  MiiJ»'st>*s  ship  Daslior,  lo  pi„ 
(!('«m1  at oMce  to  Aldcnicy.     It  was  fdiiiid,  liowcvrr,  tliat   .Mr.  Adjims's 
inlbnnation  as  to  tlio  imiinMliatc  ik'stiiiatioii  of  the  two  vcsst-l^  men 
tioiM'd  in  his  note  was  cn-oncoiis. 

'rii(>  coiiiiiiissioncrs  ol"  ciisloiMs  woii',  on  tlie  sanx'  day,  (Stli  .Fniic, 
tiiicctcd  hy  llic  lords  <!oinniission(>is  of  \hv  trcasui'V  to  instinct  tlicji 
odiccrs  at  AhU'iiicy  to  «'o  operate  with  the  iientenant-;;o\»'ni()r  of 
(JiU'insey.  This  oi(h'r  was  lortiiwlth  execntecl.  an«l  the  eonimissioiicis 
wrote  to  tlie  same  elleet  to  their  otlieers  at  (luernsey.  They  nkcwix. 
instliU'ted  tiie  eolleetors  of  eiistonis  at  (?ji  enoek  and  illas;;-o\v  to  i('|M>it. 
all  the  int'orniation  which  they  inij^ht  he  able  to  obtain  respecting  the 
Japan. 

The  collector  at  Cin'enoek  reinuted  as  follows:' 


J/c.  HotUkr  to  commisniotur  of  aixlomi. 


]»(» 


ill: 


'€ 


C'r<T(>M-H«ii  SK.  Croiiorii,  April  10,  \~y\\\ 

HoNultAiii.i;  Silt:  W'itli  n  riiiMicc  t<i  fli<'  tioani's  cKimicn.its  H!>iiiiti<  «1  1»\  Mr.  (iimi. 
iii'i'.s  letter  III'  vrstiTiliiy's  diiti'.  <lii-('ctin>i  iniMo  r<'i>i>rt  to  tin-  Woiird  all  tlic  i>;irti(iiliir>. 
I  may  Im>  (■iinhJtMl  t<>  ascfi'tain  ii'Miicctiiij;- a  schmi'I  falU-<l  the  .lapan  itr  Virjiiiii.i,  wlmli 
it  Ih  allcjifil  has  rt'Cfiitly  sailed  IVoin  tln'  I'lyde.  to  lit;  i-inpluyed  against  ships  ni  i!,,. 
United  Stales,  1  liey;  to  leport  an  iron  vessel  named  tiie  .lapan.  'Ilioinas  IlitcliciK  k 
inastew  rejjislered  at  l.iveriiniil  as  Vi.1  toi\s.  ollieial  No.  4.V-<">~.  was  hnilt  at  Ihiinliailiin 
and  measured  )iy  tin'  measuring;  otlieer  at  (Uasmiw.  eaiiie  down  the  river  ami  )inicieiifil 
to  (iarelocdi  Ifeail,  to  adjnst  liei'  ('(impasses,  and  al'terward  liion;;lit  U|i  at  t  lie  Tail  of  iIh- 
iJank,  where  nIh;  remaine(l  three  or  lunr  days.  I'liis  vessel  wa>.  on  the  I'.lst  ultimo, 
entered  outward  hy  ('(din  S.  ('aird,  Cor  Point  fle  (ialle  and  llon^-Kony;.  with  a  crew 
of  I'orly-eijiht  men.  On  the  1st  instant  she  shippeil  the  I'mler-nieiitioned  lioiidcii  stni.s. 
whie!;  wen-  sent  I'rom  l,i\  i  ijiool.  vi/ :  ll-'i  •;all(>ns  of  spitits.  :>*.'  ^alion>  nl'  wiiic.'Jll 
iionnds  of  tea.  ."I'.td  iiounds  of  eiitl'(«e,  "Jl'J  imiinds  of  toliaeco,  l<i  piiiiii<fs  ei;;ars.  1»  cwi. ;; 
(inar*eis2  poniids  of  snj^ar.  v!  cwt.  '2  (iiiarl(  rs  ^  ponnds  of  mida.-s(>.  •>  ewi.  1  (|iiiirl('r.'  ' 
]M>nnds  of  raisins,  and  I  cwt.  I  (|inirlei'  H  )ionnd8  uf  iMn'iaiits  :  and  elean-d  tin-  .saiiif 
diiv  in  lialiast  foi'  Point  (h- (Jail"  and  llon;^-l\on;;. 

It  appears  she  hd'i  the  anchorage  at  the  'fail  ol  tin- 1  tank  early  <»ii  t)ii>  morniii;;of  llii''.>(l 

iiiMi.int.  with  the  (istensilile  purpose  of  lr\iiii;  her  en;;ines.  inteiidiii;;  to  retnin.  Iuimii;; 

on  hoard  Ncverai  .joiners  wlio  were  lit  tin;;  up  her  eahins.  and  1  am  int'oi'-iiil  iliaf 

[l"^2]  after  sht>    left    this   the  .joiners   were  employed    in    'littin;;   uji  a   may:.iziiie  i.n 

lioard,  and  were  snlise(|nentlv  landed  on  some  part  of  tlit*  coast  lower  down  tlic 

Ci.vde. 

it  IS  reported  that  she  did  not  take  hei  final  depaitnre  until  tlie  (itli  or   Ttli  instant 
Inn   I  cannot  ascertain  where  she  went  ;it'ie'.-  leaviny  tliis  am  liora;;e. 

I   iiave  (|iiestiiiiieil    the   ollicer   who   )'erforms  tide-snrveyoi's  dnty   atloat.  and  ulin 

vi-ited    hef.  (Ill  the  evening;  (if  the  1st   illNlant,  to  see  that   tlie    stores  Were    coireet.      He 

inl'orms  me  he  saw  nothiii;;  on  lioai'd  which  could  lead  him  to  suspect  that  she  wui 
intended  for  war  )ini  poses,  lean  testify  that  she  was  not  heavily  Hpaircd  ;  imlicd 
she  conld   not   s|irca(l    mori>  canvas  than    an   oidinary    incrcliaiit-steamer.     I  he;;  In 


a  I 


Id.  when  the  I  ide-sni  vcy«ii  was  on  hoard,  the  joim-rs  \v«Te  littiii<{  doors  to  the  cahi 


m,  Ac. 


I  a 

(Si^'ned) 


J.  F.  MOOKK  JlOlH)r,l{, 


Collector. 


The  otlicoi"  actiiif;"  foi"  the  collector  at  (ilas;.;ow  transinittetl  tii»'  stilt 
, joined  report,  made  by  the  measiiiiiio  surveyor  at  that  jioit.'  lie  iidddl 
that  the  Japan  liad  not  cleared  from  (ihiso;ow  : 

ri'sToM-Ifiil'SK,  Clamjoir,  .Ipril  ID,  1^'tlV 
Sti. :  In  eoinjilianee  with  your  refereiic  •.  I  Ixjj  to  reinMt  that  an  iron  serew-sl(  inner, 
called  the  .lapaii,  wiis  recent ly  hnilt  hy  Messrs    W.  Denny,  Krothers.  at  Diimhartdii. 

I  Hiuveyed  her  on  the  17th  .lannaiy  last,  ami  visited  on  two  (*nhs4(|iient  o<  casinns  I'or 
tln«  jmrpoHc  of  com|detin;;  my  survey.     Slie  appeared  to  me  to  he  intemled  for  c(iiiiin(i 
ciul  pnrpoHON,  her  frann-work  ami  platiiij;  hein^of  the  ordinary  »i/.eH  for  vehsels  of  lui 


'Appendix,  vol.  i,  p.  403. 


>  Ibid.,  p.  4U4. 


CASE    OF    GREAT    IU{ITAI.\. 


357- 


1  annox  i>  popy  of  my  t'>rfirii'at<'' of  survey,  wliirh   hIkiws  tlio  vosHel's  fimii;iixt'  and 
.IcMiiptiiMi.  ami  I'r;;  to  add  that  tlic  I'lrmulif   and  "rrtiliratf  of  survey  for  tlif  .lapaii 
•utic  i'orwaiiled  to  Liviipoid  on  the  "Jd  ultiiiui,  with  a  view  to   her   Iwiiij;  rej^isti  red  as 
.1  Itiiti'li  ship. 
IJi'.siiiM  Ifidlv  siibinitted. 

(Si-ned)  "  M.  COSTI-.I.I.O. 

.l/< uiiiniiKj  ^urrcyor. 
Foi;m  Xo.  1a.     Steamer. 

Cvrtifivate  of  xurrrii.^ 


Name  of  8liip.    BrilJHh  c*r  forcitjn  built.  Port  of  intended  n'jji.stry.,       How  propelled. 


•Japan." 


liritish. 


I.iMTpOol. 


|5y  a  sei^w-propi-lliT. 


Ninnhcr  rtf  decks One  iin<l  a  poop.      Hnild Clincher. 

\iiiiilnr  of  nia.ttH Two.  (iaileries None. 

i;i;rjr,.il l''';;.  I  Head Pemi-woiMan. 

Sii-ru lioinid.  Fruuie-work Iron. 


'!?| 

H 


MK.lSlKKMI'.Vrs, 


a'.ct.  Ti'iitiis. 


l.riit;tli   fiom  the   fore  part  of  stem  ninhT  the  howsurit  to  the  aft  side  of 

tli.li.a4l  of  the  stern-post '.ill*  'Kt 

M;iin  liriadth  t«»  oMtsidi'   i>lank '-H  '■i7t 

Mi'iitli  ill  hold  from  toiina''e  ileek  to  eeilinir  at  midslsips 14  75 


Nauie  and  udilre.s8  of  hnilder — \V.  Deunys,  brothers,  Dnndiartou. 


TUXS.MJE. 


!Hk 


Tiiiiiiaj;e  under  tonnv 
'  icis((l-iii  spaces  alio\.'  i!      timna^e-ileck,  if  any  ;  viz. : 
'^]iac4'  or  v|ia<-«'H  Itetwts  •>  di<i-ks 

r. 
i; 


Nil.  «t'  liiiin 

.'..-,1.  r.4 


'1' 


.1 

'lllnT 

Iaccs' 

Iltl}{» 


Dclii 


i.'iiliht 
in  St 


■lionHi^ - -- -- 

int'ioscd 
i  of  spac 
' 

sjiac 
•  »1'1 

CS. 

ro| 

if  any,  naniin 
riated  to  the 

<i  (luni 
irew  al 

— store 

o\e   ,', 

room  « 
of  th 

111  deck  .  . 

■  remaini 

'« 

ton- 

nal ■- .                                                        -    

tion  tor  ^ 

«T  tonn; 
cuniers) 

pace 

rei 
aft< 

inired  (or  pro 
r   makinj;;  d< 

pdlin^-- 
fhu  tioi 

pnwer 
for  si 

as 
at-e 

me 
fol 

isni 
pro 

ed... 
pellin 

-i-1 

owt-r 

■  tff 


I .  :ut 


c.  tw 


li  I-.  VJH 

•j-,M.<t:j 


4-,'7 


l.ciiiith  of  enjjine-rooni.  Til  fwt  ',\  tentli.s. 


Niniil 


iniilicr  o(  en);ines.  t»  o. 
Coiiihiiii'il  puwer,  I csiimat«>d  horse  p4»wer,)  nnmh*-r  tif  horses-power, '.i<Ml  horses. 
Name  and  address  of  eii^ine-ntakerH,  Denny  A  Co..  iMunharlon. 

I.  till- iiiiderHi^ned  Martin  Costello,  measnrinj;  ■•mveyor  for  tlr.rt  port,  havini;  snr- 
"•lynl  the  ahovc-nannd  s.'iip.  iierelty  certify  that  the  aliove  particnl:irs  are  Inii',  and 
'li.it  liic  name  and  tin-  |M)it  of  rc^isiiy  arc  piopeMy  painted  on  a  eonspieaons  part  of 


tcin  in  manner  directed  l>y  the  nercliani  shippinj;  ;mI.  K>t. 


I'atcil  at  (ilasjrow,  the  4tli  day  of  Fehrnary,  IhKI 
(Sijjned) 


M.  COSTELLO. 


Siirvetior 


iiie 


It  a|>|M'ars  fioiii  tlio.si'  rt'ports  tliat  tlio  vcswl,  w'h'ii  siirvovtMl  1>\    tlui 

I'a.siiriii;;  survryor,  pH'sciittMl  liotliiii^  <'al<i'';»f<'i|   tit  «'\cit«'  suspicion: 

that  slit'  ha<il  tlir  a|ii»«*arain'r  cd'  In-iii;:   iiitctxlcil   lor  roiiinificial 

l-'{)    |Mii|K».s('i<,  her  tVaiiic  work  ami  platino;  Ikmii^j.muIi  jls  mv  •onlinary 

in   tiatliiijj-vt'ssi'ls  of   Iut  tiass ;    that    sIh'    hail    Ihmmi    icyiihiily 

•■hU'icd  oiitwanl.s  for  JNjiiit  <l«'  (lalU'  ami   Hong  Kuuj;,  with  a  iitnv  of 

'A|>peiidix,  vul.      p.  443. 


358 


TREATY    OF    WASHINGTON. 


■w 

i 


i  i 


m- 


forty  viiiht  inoii,  ami  that,  on  the  1st  April,  180:3,  she  had  cleared  (or  tlmt 
destination  in  balhist. 

It  siil)s«'(inr-ntl.v  appeared  further  that  sho  had,  on  thr  2()tli  of  Mimli. 
ISii.J,  hern  rcj^istcrrd  as  the  property  of  a  Mr.  Th(>nias  l>»)id,  a  nicrclijiiii 
rcsidin};  at  Liv*'rp<)ol,  on  tin*  tU'elit!;:tio)i  of  ]»old  tiiat  h«'  was  tlic  sole 
owiM'rof  her.  It  also  appeait'd  that  she  had  lu'cn  advertised  ;it  tin 
SaiU>rs'  llonu^  in  Liverpool  as  about  to  sail  for  Siiij,';ipoi-e ;  that  stiuinn 
were  hired  for  her  at  Liverpool  as  for  a  ship  honntl  for  that  port  ;  iiiid 
that  all  her  <'i'»'W  so  hired  sijiued  articles  for  a  vova<;e  to  iSin^^apoic,  m 
any  interineiliate  port,  for  a  period  of  two  years,  and  that  tii<'  iiicii 
helievi'd  that  this  was  the  real  destination  of  the  ship.  Siie  took  Inr 
Clew  on  hoard  while  lyiny;  in  the  Clyde,  oil  the  port  of  Clreenoj-k,  iuid 
on  the  I'd -of  April  she  sailed. 

vVith  res]>eet  to  the  .Mar,  the  small  steamer  stated  by  Mr.  Adams  in 
his  nole-of  the  Sth  to  have  conveyed  men  and  munitions  of  war  to  tin 
.Japan,  the  commissioners  of  customs  had,  before  the  tlate  of  that  note. 
r«»ceived  from  their  collector  at  Newhaveu  the  ioUowinji  report,  wluili 
tliey  had  forwarded  to  the  treasury:' 

Mr.  Dolnii  to  the  iwnmimoncfs  of  ciiKloms. 


CrsToM-Hoi  sK.  Xeirlutren,  April  i),  IsW 


Tt'ir;ii-aiii,  wiocii.  lor  |inr|>o.s(-.s  ot  sfcrccv,  iijmi  im'ch  sent  iihtc  aim  noi  to  .\cvviiaMii,  u 
i.H  Mi><|it'ctcil.     Mr.  Staiiit'ortli.  tlic  a;ii'iil,  icidicd  lo  my  iiicjiiiiies  this  iiii)i'iiiii<;  lli;it  llii- 

Alar  liad  riinnit'oiis  of  war  on  hoard,  and  thai   they  wcri!  ronsij'hcd  by 

to  a  Mr.  1  cwis,  of  Aldciui-y.  llis  answers  wen-  Ixifl,  and  witli  rfscwc,  lca\  in^  ini* 
donht  on  n:v  mind  nor  on  thr  minds  of  any  ht>rc  that  llif  tiiirty  men  and  nnniitiiniMii' 
war  arc  destined  for  tran.sfi-r  a'  sea  to  some  seeond  Ahihama.  The  private  telc;;i:nii 
to  ISri^liton  intimated,  vei-y  jirohahly,  havin;;  l)een  reserved  for  tlie  last  honi.  wluiv 
that  vessel  wonld  lie  fonnd.  Whether  the  shipment  of  the  men,  \\\\i<  all  a|i|iciiiiil 
to  he  '{ritish  snhjeets,  ean,  if  it  should  he  hereafter  proxi-d  that  they  have  liiin 
transferred  \-i  a  I'ederal  or  eonfederate  vessel,  he  held  asan  infrin<;ement  of  llie  fcarijjii- 
enlistmen)  aet,  and  whether  the  elearaiu'e  of  the  Alar,  if  hereafter  jnoved  to  he  niitriic 
(lan  rendt  r  the  m.ister  anienalde  under  the  eustoms  e«in.siilidation  act,  is  for  yonr  fou-  ' 
siileralioii  respeet fully  suhmilteil. 

lSi,;ned)  '  K.  J.  DOLAN,  CxAMur. 


No, 


Coiilnit. 


Tort  of  Nowliaven, 


-,  pilot. 


'i'onua;je  and 

* 

Ships  name 

ninnher     of 

If  Ihitish,  jtort  of 

and  desti- 

j^nns. 

rejfistry ;  if  for- 

N'liniWr of 

Name   of 

nation. 

eign,  the  t;oun- 
try. 

cr»>w. 

master. 

1 

ToiiH.  1  Onus. 

1 

"Alar."  Al- 

a-i  

BrUish  sliip, 

W 

Jw.  IWk. 

deniev 

Loiuh>u. 

.nntl  St. 

, 

Malo. 

t 

Niiiiilu-r  III 

|m>seii- 

tro<)|>>- 


'ApiH?mtix,  vol.  i,  p.  405, 


■  BUkok  iu  the  criginaL 


CASE    OF   GREAT    IJRITAIN. 


359 


Willi  Imiihi'tl  iiiul  tiaftsHliiiiiUL-iit  ^^ooil.s. 

Uia\\ltaek  and  n'.^tiictftl  fioncls. 

Marks. 

NuiiiIhts. 

NiiiiiluT  aiitl 
(|)'S)'ii|iliiiii 
<)t°    |i  a  ('  k- 

Ugi-H. 

] 
lii-inarkH.  '  Marks. 

• 

Nuinb«'r,s. 

NmihImt 
anil    ilc- 

scri|i(ii>ii 

of  ]ia(k- 

a-fs. 

l.'cniaiks. 

» 

Hi'iti.sli  jjoods  and  foreijju  ;;itod.s  fn-i-  of  dnly,  and  fon-ijjn  jjntids  not,  fur  drawliai'k  : 

Sundry   free  ;;iK>ds. 


KxiiMiini'd. 

(!Si;,'ned)  W.  S.  FJ  IXV,  IJjoiniiiiiHj  nifirer. 

(J.  \V.  Stami OKIH,  Jliokir. 
Clian-d,  datctl  Aprd  t. 

I  (1((  (Icclarc  tlia(  (In-  aliovr  conttMit  is  a  line  afciinnt  of  all  ;;(>ods  shi|i]ti'd  <m-  inlcndi-d 
til  III'  slii|i|ii'(l  on  lioai'd  tli<'  aliovi--Manii'd  slil|i,  and  coirri't  in  all  otln  r  part irnlars,  and 
liiiit  ail  tlif  it'((iiiruinent.>»  of  tin-  act  IT  and  Iri  Nitt.,  cap.  101,  liavi;  litcn  duly  coniplifd 


Willi 


(.SiKiifd) 


JOS.  JJAC'K,  Mitilcr, 


.Si;;ni'd  an<l  declared,  thi.s  -Itli  day  of  April,  before  nn 


(Si-,'ned) 


W.  K.  STA^■^:IJ■:Y,  CUiHor. 


'I'.'t)  *\Vlioti  tlii.'<  report  wiis  received  IK)  iiiluniiiilioii  ii'spcctiiiii'  tlie 
ve.ssel  tlieu  known  as  tlie  .Fapaii  had  i-eaclied  tlie  eomniissicmers 
of  (Mistoiiis  or  the  {;oveririiu>iit,  and  on  this  point  no  inloiniatioii  was  or 
could  he  conveyed  in  tiie  re[»ort,  since  none  was  possessetl  l>v  tlie  eol- 
k'ctdr  at  Newlniven. 

Ol  the  11th  April,  lSt;;{,  the  lollowin;;-  statenjent  appeared  in  the 
second  editioik  of  the  Times  newsjiaper:' 

I'l.VMoi  in.  ^(iliinliiji  Mortihiff. 

Till'  steamship  Alar.  Captain  Hai'k,  of  and  finiii  Xcwliaxi'n,  lor  St.  Malo,  jiiif  in  here 
tills  111(11  niii;;',  and  landed  seveiiti'i-n  men  l>i'|iin;;in;;  to  tin'  steaniship  .lap.-in.  Captain 
.liiiics,  iiiHM(Mi.s.  which  left  (irei-iKM'k  on  the  'J-th  .\lar<h  lor  a  trading  \(i\a;;i'  in  the 
•  Jiini'sc  seas.  On  arrival  o)f  the  coast  of  France  she  lay  to  for  three  days,  it  is  siip- 
lmsi'il  to  lakr  in  more  car;;o.  ( >n  tin-  It h  April,  at  II  a.  m.,  oiw  <d'  the  c(»iHlinsers  of 
the  sti'uni-ennines,  which  are  ahont  "Jon  horsc-jiou  cr.  rxiilodcd,  ami  I  wo  tiiemen  in  tint 
sliiki'liole  were  .scaldeil,  \  i/,  Alexander  Mel  (nlf.  of  KdJnlini'irh.  and  William  Hamilton, 
•>l  Piiwnpalrick,  serionsly ;  tln-y  were  taken  innneiliatily  into  the  captain's  caMn. 
Iiaiisfcrii'd  to  the  Alar  on  the '.itli,  and  are  intw  in  the  Devon  ami  ('ornwall  hospital 
Ik'Ic.  The  other  fifteen  are  seamen  and  (in'inen,  who  look  advantajie  of  tin- pr.isimiiy 
"I  tlie  Alar,  and  are  said  to  have  "liai  kcd  onl  id'  the  voya^^c  lo  China."  They  left  hy 
liiuii  llijs  iiKiinin;^  for  Liverpool.  I'ortsiiioiith.  \c.  The  .lapaii.  \>  hicli  had  a  emnple- 
iiiriil  of  ii;;liiy  men,  has  proceeded,  'file  .Mar  had  to  lay  to  in  tin-  Channel  mi  'I'hms- 
'la\  and  Friday,  in  consecincnce  of  moiiic  trill  in;;  damages. 

i'.inl  Knsscll,  on  ob.scrvin;;  tliis  statement,  j^ave  ordei.s  tinit  it  should 
oc  iiiiiiicdiafcly  brouy:ht  t«»  the  notice  of  the  secretary  ol'  state  lor  the 
"oinc  (h'paitiiient,  and  the  lords  commissioners  «)r  the  treasnr\.  .Vfter- 
>Vii:«l,  and  on  the  same  day,  at  o  p.  ni.,  he  received  Jroin  Mr.  Adams  the 
'ollt»\\inj;  note  rel'errinj,'  to  it  :'^ 

'Appendix,  vol.  i,  p.  Adi. 


«Ibia.,  p.  401. 


3G0 


i 


TUKATY    or    WASHINGTON. 


ilr.  .Idamn  la  luiil  L'kshiII, 


I.i;<i.\rn)N  ui    iiir.   I'mikii  Stahs. 

f.oiitlini,  .Ijnil  II,  l-ti;{. 
"Sly  T,<il!f):  I  h:\vo  tlic  lidiior  to  iiicl(>s(>  to  your  li)nlslii|)  n  slip  I'xtriii'frd  iVoin  flic  l.dii- 
(loll  Tillies  lit'  til  is  {\ny,  ti)ii<'liiii;r  di,.  casi-  ul'  tlio  vessel  now  culled  the  .Japan.  Init  iiaiiiiil 
jit  ( JrcHiiMck  lately  the  \'iry;iiiiii.     It  is  needless  In  add  tliaf  the  stjitenient  tlieicjn  mail,- 
of  till'  destination  of  the  vessel  is  known    to   nie  to  lie  false.     1  have   reason  to  lic|ii.\,. 
that  slii^  has  not  ^ono.     The  str;iMier  Alar  has  ali'ead!^  transl'eri'ed  to  heione  i)(i-])onii(li.i 
;j;iiii  and  four  sniallfr  oul-s,  and  it.  i-xitcetetl  to  it.'tnni  to  iu-r. 
I  prav,  iVc, 
(Siened)  CHAIM.K.S  FUAXCIS  ADAMS. 

Copies  of  tiii.s  note  wovq  imiiKMliiitcIy  sont  to  t\w  homo  ^Icpiiitinciit 
and  l\w  tn'iisiiiy,  witli  a  n'qtu'st  tliat  it  .should  rcccivt*  iiuiitcMliatc  atti-ii- 
tioii,an<l  tliat  tiio.scdcpaittudntswoidd  tak<i.siU'ii  sti-psasnijoht  Ijcii'naiiy 
in  their  powt-r  to  prevent  a  viohition  of  the  law. 

On  tht^  Miune  eveiiiii}^,  at  7.40  p.  ni.,  onU'is  wero  .sent  by  teh'jfi'aph  to 
the  collector  of  (Mt.stoin.s  at  IMynioiith  to  make  iinpiiiy  al)ont  tlie  Alai: 
and  at  11.40  p.  in.  an  an.swer  wa.s  )'«'ceived  from  liim  to  the  etl'ect  that 
.she  had  arrive<l  that  niorniny,  and  tlnit  the  eolh'ctor  had  taken  the 
master" .s  statement,  iind  had  foi'wartU'd  it  to  tlie  hoard  ot'  eiistom,-. 

The  statement  so  forwarded,  and  the  eoUeetor's  hotter  inch)siiio'  it,  were 
118  foUows : ' 

Mr.  />)'(iicHr  to  the  (■ommi1^:il)lt(■rx  of  ciintoiit>i. 

Ct  sfoM-Horsi:,  riii.nniilh,  Apiil  11,  \>i^^^. 
HoNtii!  viti.K  Silts  :  I  liojr  to  snliinit,  for  yoiii-  honors"  information,  the  inclosed  st;ii, . 
nieiit  of  the  master  of  the  stt  ainer  Alar,  ot"  London,  to  which  he  has  allixed  his  si;,'iia- 
Inre.     lie  states  that  his  vi-K.std  is  a  leyular  trader  hetweon  N'owhiiVfii  ami  the  Cliaiiiiti 
Lshinds., 

ifespoct  fully,  &c., 

(Si},Mied)  N.  K.  liHOWXE. 

Slaitmint  of  Mr.  Ilttrlc,  uianlir  of  the  xvrcw-sktumr  Ahir. 

T  cleared  from  Newhaven  on  the  Ith  Ajiril  for  Alderncy  .nml  .St.  Malo,  in  hallast,  aini 
Hailed  from  thence  on  .-iinday  the  ."»ili,  havinii  on  lioaril  ahoiit  thirty  iiasscn^cis.ei 
w!'  :n  a'ooiit  six  wi  re  in  the  ealdii.  and  a  ipiantity  of  packages,  which  I  supposed  cnii- 
<  <i:  -li  plos  isioiis  ;ind  p;isseli;jer,-,'  liaU}ia;;e.  ISel'ole  leavillif  a  principal  pailv  \v;i> 
])ointed  out  to  me  (ty  the  owin  r  of  i<iy  >hip,  and  1  was  infoiined  liy  him  that  tlic  pm- 
visions  li!'loiij;ed  to  this  pally,  and  that  1  w;'^'  to  ol'cy  his  iiisi met ioi's. 

On  Suiida.N ,  a  lion  t  '.\  p.  m  .  my  cimiiie  liroke  do\«  a,  o\s  in;.j  to  t  he  hiirsl  in;;  of  t''e  Cccil- 

pipe,  ami  I  N\as  compelled  to  rake  i.ui  tires,  and  'ihn\  oil'  steam  :  the  engineer  repain'd 

dama;.;e.  ami  after  alioiit  m\cii  or  ei;;ht  hoiir^"  delay  I  proceeded  on  my  \<iyn;;i'. 

[_lti.^]       Ihdke  down  a;iain  on  Monday  nioininj{,  I'ldiii  'some  cause,  and  proceeded,  aftn 

repairs  and  similar  delay.     l,aviiij;-to  on  Tuesday  afternoon  and  nij^hl,  wcalliiT 

very  thick,  and  Iduwinj;  from  westwanl. 

<  hi  Wednesday,  ahoiii  1 1  a.  in.,  saw  a  stejimship  ;t  h'lie;  way  oil'  to  the  w  estw.iid.  with 
signal  Jlviii;;,  Inil  I  know  not  what  i-olors.  The  pa-^seiinci  lieftn'e  inenlioiied  asked  .iir 
to  hear  ilowii  lo  the  ship,  which  I  did:  hut  Indore  reaching  her,  aiy  eiiy;ine  hrokeduwii 
a^ain,  when  the  st<>iiiu(>r  came  tip  to  lue.  and  ii>k  my  vessel  in  tow .  'I'lie  steaiiuT 
towed  me  toward  the  coast  ot'  FraiKc,  in  order  that  I  inij;ld  >iet  shidtei  ii  clicct  repair-'. 
She  towed  me  for  iiliont  an  hour,  thuu  tin'  rope  parted;  ami  in  ciuiiin^  li.ack  to  fetch  iii<' 
a^iiin,  tlii^  tow-rojie  erot  foul  of  (he  lai<,  Ntc'inicr's  pro|)eller,  .and  caused  licr  to  liiil 
<lown  upon  us,  dama^in^  our  stanchions,  ami  earryiiiji  away  our  Itowsprit. 

Thu  passcny^er  liefore  incntioncd  then  asked  me  to  transfer  the  provisions  and  tiiin- 
j;a<je  to  the  lar;ie  stciuiiei.  which  was  done,  hy  ahout  twenty  of  tl»e  oasx  iiijci^.  x^hn 
also  went  on  hoard  the  sti'aiuei-,  where  they  reniaiiied.  I  wwh  then  asked  1>.\  a  pcrsmi 
in  authority  on  hoard  llit;  lari>;e  steamer,  if  I  would  take  t\\v»  uuui  who  had  hecii  luiilly 
scalded  to  any  port  where  th.  re  was  an  hospital,  whi<h  1  coiisenti'd  to  do,  and  they, 
wilhalioiit  nim  c>r  ten  otluM's,  and  the  person  who  hid  spoken  Vo  mc  .aliout  the  ."<iik 
men,  came  <>u  hoard  in>  xcssel  ;  ami  1  at  once  procecdcil  for  tU(  liist  Kn^lish  port  1 
could  luako  that  luul  iiii  lumpital. 


'Appendix,  vol.  i,  p.  408. 


CASE    OF    GREAT    IIRITAIX. 


3fil 


J  iiiiiinl  wiflitliolarso  stoiiin'Toii  'I'linrsdiiy  ;ift<  riincm.  On  tlu'nffcriioonof  I'ridiiy  avo 
nciiiii  lii"'<f  <lii\\  II,  iiiid  wen-  ilfliiycd  .•ilmiit  I  In-  siiiiit'  f  iim-  iim  licrmr.  Alioiil  "J  a.  in.  on 
S;iliird:i\  I  III'  1  llli,  wc.>-i;;lif«'d  tlir  l',d<lv  stunt',  ill  id  liorc  n|»  loi  1*1  viiiont  It.  wliicli  Wficiirlii'il 
;ilioiit  J.'!"  ii-  "'••  wlifii  we  liiiidt'il  tin-  iicr^on  we  liiid  fiikcn  willi  ns  IVuni  Nuwliavcn — 
till'  iM'isiiii  wlio  .s|M>kc  to  n.s  on  Imard  tin-  .stcanirr— aliont  ono  do/.m  nirii,  ini'liidiii<r  tlic 
men  iViiiii  tlii'stiiiii  or.  and  tin- two  sick  nii-n  I'oi'  thf  hospital.  I  in-ard  tiif  laij;r  stcaiin  r 
was  (iillid  tilt' .I;i|»an,  Init  1  diil  not  si'i-  luT  uanif  on  In-r  sti'iii,  as  I  liad  tMioiif^li  totlo  to 
atttiid  to  my  own  sliip.    • 

(S\<r I)  J,  F.  WAVK,  Mashrof  llic  Aliii: 

t'i<i<>M-ll<">^i'T  rii/inoiilh,  April  11,  1i^G:J. 

(.^^JMiiftl)  '  N.  E.  IIKOWX,  Colkvtoi: 

Oil  the  l(>th  April,  Eiirl  Uii.sscll  recoivcnl  from  Mr.  Adaius  ;i  note 
iiit'losiii<;  two  (lopo.sitioiis  piirportiiijj  to  be  made  by  sciiiiMMi  who  litid 
slii|»i«Ml  ill  the  Jiipaii  jit  (ircciiock,  ti.s  part  of*  her  crew,  iiinl_  liad  siiico 
ntiiriicd   to    Ijiverpool.      The   note  and  copies  of  tiepositions  were  as 

lollows :  ■ 

J/r.  Adamx  (o  Karl  IlunneU, 

Lkoation'  of  tiik  UNrria>  y<TATi:s, 

Lotiiloii,  April  l.'i,  I'^n:?. 

Mv  L<ii;i>:  I  liavo  thi>  honor  to  transmit  copifs  of  two  tli'posit  ions  of  Hiitish  snliji-cts, 
wild  appiar  to  iiavc  hct'n  stdiiiteil  to  (•n;;a<;i'  in  thf  niilawt'nl  expedition  «t'  tiit^  .lapan, 
'diim  tilt'  \'ii';.iiiiia,  a;;aiiist  tlif  I'oninii'ri'i'  of  tlio  rnitfil  States.  1  appeiin  a  list  of  the 
oDidis  and  nun,  Milijeifs  of  (ireat  IJiitain,  sliippetl  at  the  Sailms'  Home  in  Liverpool, 
a  lar;;i'  part  of  whom  have  lieeii  inilneeil  to  join  the  piriitieal  expeilition.  Likewisu 
a  list  (if  the  men  who  ret'iised  to  enlist,  let't  the  Vir;;iiiia,  anil  retiirneil  to  Livtwpoid. 

It  is  nut  without  threat  pain  that  I  leel  it  my  duty  to  point  out  to  ytnir  lortlship  tlieso 
traiisaitiiiiis  at  I.iverpoid,  and  the  extent  to  whi«ii,  if  not  in  some  way  inevented, 
ilii'V  are  calenlateil  to  ;{ive  rise  to  eomplainis  in  the  l'iiite<l  States  of  the  violations  of 
iKiitiiility  ilelilierately  committvd  hy  Her  Majesty's  sulijeits  in  the  port  of  Liver[»ool. 

(Sijr'n'ed)  ''  CHARLES  FRANCIS  ADAMS. 


Drponilion  of  KUward  Thompmii, 

F.ihvai'tl  Thompson,  of  No.  \'*  l)enison  street,  in  Liverpool,  makes  oath  ami  says  :  I 
ail! 'Ill  alile  seaman,  anil  servetl  fur  five  years  in  a  nian-of-wai',  on  Her  Majesty's  ship 
N''|iliiiit' and  others.  I  was  sliippetl  from  Liverpool  to  (Ji-eenock  to  join  the  sleaiiier 
.la|iaii.  iis  I  wasltdd,  lionnd  on  a  voyaj^e  to  Siiij;apor>'.  She  was  advert  isetl  in  .Sailors' 
llciiiic  as  hound  fur  this  port.     I  helon;^  to  the  ro>al  nav.-il  reserve.     We   s.iileil  from 


k  was  III  t'limniaiii 


I.     \V, 


Imii'Iiiii'K  on  the '.ill  day  of  April  instant.  Captain  llilehcoel 
"ailiil  lii>l  down  towarti  file  Isle  tif  Man.  ^^■e  then  taeketl  ami  went  north  throii;^!! 
till'  Xiiilli  Cliaiiiiel  anil  tlown  the  west  eoast  ot'  Irelaml,  passetl  Cape  Clear,  and  steered 
i:ist  up  the  Channel.  I'shant  li;;ht  was  the  tirst  li^lit  wr  si^ihttd;  went  towaiil 
St.  .Malo.  We  then  )mt  Iter  to  the  westwaitl,  and  dodjiiil  at  slow  steam  all  iiijjht.^We 
It'll  ill  with  the  Alar  steamer  just  otl'  Morleiix  ;  we  were  not  more  than  three  or  four 
miles I'limi  laiitl  at  the  time.  'NVheii  tli«  Alar  saw  us  sht-  hoistetl  a  tla<i  for  .i  jiilot  ;  after 
^lie;;iit  her  pilot  oil  she  hoistetl  a  lla;;'  of  tlistress.  We  hail  taken  her  in  low  hefore  iiu- 
[liliii  reailieil  IIS.  We  lloateil  ahoiit  Until  iii^litf  then  ;i;(it  the  Alar  aloii;;siile.  ami  eoin- 
iiieiiceil  to  ilistharj;e  the  eafKo  into  the  -lajian.  We  were  three  iii;;lits  eima^i'tl  in  dis- 
ilwiniii;;  the  i;irj>o :  we  tliil  nuthiii;;'  in  the  day-time.  ,s|i,.  himiMlii  to  iis  ;;nns,  shot, 
III  II.  I'ot'kets,  aiiininnition,  lilies,   cutlasses,   ami    all   sorts  of  im|ilemeiits  of    w.'ir.     I 


lOllll 


lilt'  iiiak 


tell  nine  Whitworth  jinns  to  lie  moniited  on  I  he  tfi 


I 


mav  III'  mis 


tak 


en  alioiit 


's  name.     I  only  know  they  were  lirt'ecIi-lDailiii;;-  ;;iins.       I  iintlerstootl  there 


wasdiie  lar;r,.  pivot-jrnn  on  lioaril  when  we  left   (Jreenock.     I  left  the  vessel  on  Lriday 
liiHt,  ill  ilie  steamer  Alar.     After  we  ^ot  all  the  car^o  tlisi'hai'j;ed  from  the  Alar  intotlie 


iliiiii,  at  I  o'clock  on  Fritlav  afternoon,  while  w«'  were  otf  I5rest,  ahont  twti  miles  fn 


land,  the  new  cantain  who  tame  to  i|s  in  the  .\lar,  Iiaviny;  tlresseil  himself  in   re^iimeii- 
t'lls,  in  a  lilii,-  iinitorm   with  a  star  in   the  epaulets,  hail   all   liantls   pi;ted    aft  liy  the 


linatHw 


liii.     lie  then   iliri'ctctl   tin'  Innteiiaiil  to  I'eatl  the  artic 


ami  then  said,  "  We 


are  iioi  liiiiind  for  Sinyaiiore  ;  we  areetiin^- to  sail  iintler  the  confeileiale  lla;;,  the 
llfl'J  Name  as  the  "Alahama.  to  sink,  hnrn,  and  tlestroy  vessels  heltniiiinj;  to  the  rnileil 
i^tates.  All  of  yon  who  wish  to  join,  I  w  ill  ;iive  CK' in  cash  as  .soon  as  yon  si^fii  the 
»,  iiiiil  yon  who  do  not  wIhU  to  join  can  go  back  in  tliu  Alar.    Tlioso  who  joiu 


.'^rticlt 


Appendix,  vol.  i,  p.  418. 


3 


3G2 


TKEATY    OF    WASHIXCJTOX. 


i 


A 


Hhall  alno  have  CI  |M'r  inoiitli  extra."  The  (:a|ilaii»  ti>l<l  ii^  liiT  iianit>  was  to  Iw  tli,.  Vi|. 
I^iiiia,  aiwl  this  was  the  naiiH'  iiii-iitiiincil  in  tin-  avticlcs  wliicli  we  wri'c  ri-i|iiirri|  ti> 
Hi;;ii.  'I'Ik-v  iiail  till- coiil'i  ill  rati*  lla:;  on  Imaril  at  tin*  tinn^  laiil  ilown  on  tin-  llcmi  ol 
tlir  caliin,  lint  it  was  not  Imi^ti-il.  'I'lif  artirli-s  wi-in  fur  (liriT  yrars.  orilmin^  tlir  \va; 
witli  till-  I'liiliMl  Stall's.  Dniinji;  tlu'  iii;;lit,  wliili'  wr  wi-rr  iliscliar^iii;;  Ihr  i •ai';!)  rinin 
<»iir  vissi-1  )o  tlic  otliiT.  wi'  wiTi-  at  anclior  M'ly  closi'  into  tin-  laiiil;  not  nioir  tliiii 
half  a  mill-  from  tin-  lanil,  o|i|iosili- a  nia;;a/.iiir  \\  liirli  lirs  a  i|narti-r  of  a  niilr  rinm 
I'shant  li;;ht.  W'v  wi-iit  to  this  |ilaii',  or  vi-r.v  mar  tlnri',  fvery  nij^ht.  Atli  r  naiiin.' 
fim  ail  iili's,  till' men  \n  ho  nl'nsiil  to  si^^n  asknl  alumt  tln-ii  waurs.  'I'hi'y  wiic  idM 
that  ('aptaiii  IlitrliLork  wonlil  svtili'  this  aflrr  wr  ai  livril  at  l.ivirpool.'  I  saw  Mi, 
liiti  iicork  yi'sti'iilay  at  .loni's  A  Co.'s  olliii'.  No  vJ-*  Cliainl  strii-t,  Livi  r|iiiiil.  Tlii> 
lionsi;  of  .liinrs  tV  Co.  arli'il  as  ai^rnls  for  shipiiin;;  tin'  im-n.  <>ni' of  thru' i-irrks  \\ii> 
at  thi'  Hti-amrr  whirli  took  lis  aionml  from  Livi'i'|iool  to  ( Jri'i'iiock.  'I'hry  si;;ni'il  all  Ih.. 
slii|>pin;r  iioti's;  at  li-ast,  thi'y  wi-ii-  all  niaih-  i)ayalilo  ihrio  at  .loin-s  iV  Co.'s  ollii'i's.  imd 
Ihi-y  havi-  paiil  thrni  simi'.  Tln-y  paiil  nn-  my  shippin^r  noli'  yi'strnlay  at  tlnir  iillicc 
ill  Livitrpool.  Theri-  wrri'  ten  sailors  latrly  l)rlonj;in<;  to  tlu'  itritish  navy  t'nini  i'iiit>- 
iiioutli,  who  ciiin'  out  in  thi'  Alar.  I>ut  ntiisi'il  to  join  the  vrssi-l.  'I'lny  irri'lviil  a 
iipii'i'i' fiom  Captain  ilili-licoclb  not  to  say  anythin<j;  ahoni  tin-  niiitti'r.  I'his  was  |iiiiil 
thrm  whili-  wo  wm;  ii'tnrnin;r  to  I'lymonth.  Mr.  .Jonrs,  om>  of  tin-  jirm  in  I  luipil 
stri'it,  liivi'rpool,  who  canii'  out  to  ns  in  tin- .Mur,  was  pn-si-nt  at  thr  timi' wIkm  ilir 
nioni'y  was  )iaiil,  anil  orili'ml  Captain  llitrlu'oi'k  to  pay  it  to  tlir  nn-n.  .Mi.  .Inms 
soi'iiii'il  to  [taki']  thai';!!'  of  nvi'rytliiiijf.  Tin-  rrport  was  that  shi',  tin- \irj;iiiia,  \\:i» 
to  f^o  to  .Maili'ira.  Shr  hail  not  iiiori'  tliaii  tivi-  ilays'  roal  wlirii  \vv  left  lirr.  Slir  is  im 
iron  vi'ssi'l,  vi'iy  slij.;litly  hiiilt,  with  a  full  poop  as  far  as  tin-  aftiT  scnltlr-holi'  to  liir- 
I'ooiii  anil  top-gallant  foriTaslli'.  'I'liri'i-  masts,  .si|iiarr  ri;;^r(l  forwaril  ;  fmr  ami , ill 
main  anil  iiiiifti'ii.  Slu-  iias  oni'  fniim-l  lii'twi'i-ii  tlm  fori'  ami  main  mast  ;  a  hoiisi-  mn 
i'n<;ini'  room,  with  u  (loiiki'y-i'ii<j;im'  in  it.  i'ln;  Alar  is  a  Itritisli  Ntfaimr  liailiii;;  liniii 
liomldii.  When  sho  cuim;  out  to  mct't  the  Japan,  or  Vir}j[inia  a.s  slu-  is  t-alli'il,  shr  sailnl 
from  Nrwliavi'ii. 

(Si-iii'il)  KDWAKI)  TiloMl'SitX. 

Sworn  Id'foii'  me  at  Liverjiool  tl^s  14tli  clay  of  April,  1803. 

(.SigiiedJ  J.  rKAKSoX. 

A  Commhmoitvr  to  AdmiiiiHttT  (hithti  iit  Vhanviry  in  Etujlaud. 

Ihposition  of  TliomuH  Muhoii, 

Thomas  Malion,  ri'sidiii};  at  No.  8  Court,  Ooro  street,  Toxtcth  Park,  Liverpool.  Im  in- 
sworn,  says: 

I  am  a  native  of  Liverpool,  ami  am  a  laborer.  On  or  about  the  *.i7tli  ilay  of  M.inh 
last  past,  h'-aiiiij;  that  a  steamer  was  watitinji  men  for  Sinjiapore,  I  went  to  the  S;iilni»' 
Home  in  Liverpool,  ami  was  introiliieeil  to  a  man  as  the  ea|itaiu.  I  ilon't  reini'iiiliii 
liis  name  at  present;  I  believe  it  is  lliteheoek.  Teisiii  Liverpool  now.  lie  tolil  iiir 
lie  was  eaptaiii  of  tlie  .Ia)ian.  He  saiil  he  wanteil  liremeii  anil  trimmers,  anil  tlie  ii<M 
day,  the  'j«lli,  1  went  with  him  to  the  shippin<;-ol1)ee,  anil  there  sifrneil  artieli>  I'm 
steamer  .Japan  for  .•sinirapore,  or  any  intermeiliate  port,  for  two  years.  Captain  llildi- 
c'oek  en,i;;i;;i'il  me.  anil  witnesseil  my  si'inin^';.  1  was  to  have  £3  III.1.  per  moiilli.  .Mmut 
fifty  men  in  all  si^rm-il  in  the  same  way.  When  we  hail  si^iicil,  we  were  tohl  to  tiikr 
onr  liothes  to  .lones  A  Co.'s,  No.  "Jr^  Chapel  streyt,  ami  woliliSllien  reeeive  an  ailvamc 
noli  for  a  month's  pay.  1  took  my  elothes  there,  ami  reeeivea  a  note  for  .C.\  li's..  pay- 
able ti'ii  ilays  after  the  ship  saileil  from  (ireenoek.  At  .lones  iSt  Co.'s  we  were  lolil  li.\ 
the  Captain  llitiheoek  to  meet  at  the  (ilasy;ow  lioat  at  r»  o'eloek  on  Monilay  arieniiiini 
at  the  iloek.  We  went  a.s  oiilereil.  anil  onr  elothes  were  1>ioiij;lit  down,  ami  0111  I'.in^ 
■were  paid  by  a  elink  from  .lones  iV  Co.  We  sailed  the  Hame  evoninn  in  the  lliinii. 
about  tifty  III  all.  We  arrived  at  (ireenoek  about  It  or  4  the  next  afternoon,  ami  :i  tn^ 
eaiiie  aIoii;fsiile  and  took  iisotf  the  Heron  ai.d  [int  us  on  board  the  .screw-sleaiiier  .liip.ui, 
lyiii;;  in  the  river  opposite  (ireeuix  k.  Captain  lliteheoek  came  oil'  in  the  tii^  ami  I""!'' 
us  on  boai'd.  lie  went  on  board  vithns;  he  <j;avi' us  our  orders.  Iliad  sliippi'il  a^ 
coal-trimmer,  and  believed  she  W4is  an  Kii'ilish  steamer,  and  K"'"K  *"  •'^injiapoie.  >\i< 
had  then  the  lin;;lisb  ensign  llyiii<r.  Captain  lliteheoek  remaineil  on  boanl  ami  I'^'i- 
eised  eommand.  We  iem.iined  at  (ireenoek  till  Wednesday.  On  Thursday,  abmii  li  in 
the  morn  iiiji.  w  hen    we  j;ot    under   way.  the   pilot  said   we  were  {.joiiifj;  on  a  trial  tiip- 

On  the  Wediiesilay  uijjlit  the  revenue  ollieeis  eaiHi;  on   board,  after  Jlie   slons  cai "i 

board,  and  put  seals  011  the  store.s.  The  store.s  came  olf  in  a  steamer  and  a  li^lit>'>'' 
They  eonsisted  of  larye  i(iiaiitities  of  spirits,  'lothin^j,  blankets,  beds,  knives  and  I'mk" 
tins,  and  the  like.  1  did  not  nee  any  other  ;;overmueut  olliceis  visit  the  ship.  \\|' 
«aileil  out,  I  believe,  on  the  Tliiirsday  untriiiny;.  an  we  Hupposed  011  the  trial  trip.  iiikI 
steered  toward  sea.  Iii  the  afteriioim  we  returned  to  the  lij^ht-house  down  the  C'lyili' 
and  stopped,  but  did  not  anchor.  A  tii^  eaiiie  to  us  there  with  Home  more  men  :•»'' 
IM'ovisiouH  from  (ireenoek,  and  iw  w)ou  as  we  had  taken  tlieiii  on  board  we  started  ilmvii 
aguiu  and  steered  right  to  sua.    The  pilot  left  us  next  iuuruiii{;  off  Castletown,  Isl''  i"' 


CASE    OF    GRKAT    HRITAIN. 


nG3 


Mail.  Cuptain  Hifi'lirncU  IijhI  cKininiiiiil  oftlic  vessel.  Alioiit  two  days  nftor  wt>  iiiiulo 
laiiil.  as  I  was  told,  on  tin- enast  of  P'riincc,  and  we  ke|it  liealin;;  aWout  theit!  t'oi' Mev- 
I'l'id  il;i>s.     We  wonilered  wliy,  l>nt  did  not  aseertain  tlie  reason. 

1)11  .\ionday.  the  titli,  an  Kii;.'iish  serew-steann-r,  tiie  Alar,  ol'  i^ondon,  came  to  ns  and 
siMike  IIS,  We  were  so  near  the  eoast  (d"  l''rance  that  a  shot  eoiild  he  tired  ashore. 
(';i|iliiiii  iliteheock  told  the  Alar  to  yo  under  the  isl.nid.  The  Alar  soon  alter  made  i\ 
sjaii.d  lis  it  she  was  Inoke  down,  and  the  .Iai>an  took  hei  in  tow.  We  loweil  her  a\\  hih) 
iind  the  hauser  hi'oke.  She  then  steamed  away  lierselt',  and  we  soon  alter  spoken 
Fieiirli  |iilot-hoat  and  we  took  a  )dlot  on    hoard,  as  <lid  also  the  Ahir.     The  Alar  sailed 


iiwa 


V  into  a  small   hay  and  \t'e  I'ollowed,  and   came  to 


anchor  near  the  shore,  no 
t'lntiier  oil' than  I  could  have  thi'own  a  stone.  'I'he  .Mar  then  maih*  last  alongside,  and 
tliat  iiiylit  a  very  lnv^f  c'ase  of;;iins  and  a  i|iiantity  of  aminiinition  in  small  eases  wero 
taken  on  hoard  the  .lapan  from  the  Alar.  'I'he  next  morning  lioih  vessels  sailed 
[I'iT]  out  and  wi>  went  out  to  sea,  and  the  Alar  into  another  hay.  In  *lhe  afternoon 
we  Joined  the  Alar  in  the  other  hay,  and  took  on  hoard  the  rest  of  her  ear^ro, 
iiinsistiii<;  ()f  ;;iins  and  ammunition.  Men  in  the  mean  lime  were  en^a;;ed  nnikin<;  the 
liitiM;.'s  for  the  ^nns.  Tin-  same  afternoon  a  tall  man  they  called  J.aniont  or  J>n|)ont 
(lime  (III  lioard  from  the  Alar  and  took  charj^e  of  the  .lapan.  lie  c:ime  on  deck  in  nui- 
I'driii  and  called  all  the  men  aft.  He  told  ns  she  was  no  moi'<>  to  h<;  called  the  .Japan, 
lull  the  \°ir;;inia,'^'<mfederate  war-steamei'.  lie  ]>rodiiced  articles;  and  readin;;'  tliem 
III  tile  elfcct  that  there  woiild  he  disci|dine  same  as  the  Alahania  or  any  other  under 
tlic  ciinfedcrate  llaj^,  he  said  lie  was  ni>\n<^  to  hiirn  and  destroy  all  North  American  ves- 
mIs.  and  told  ns  we  should  have  £1(1  honnty  to  sijjii  for  three  years  under  the  confed- 
tiale  lla^.  One  of  the  men  asked  ahont  ])i'i/.e-money,  and  he  said  we  should  havi^  the 
siiiie  as  the  Alahama  ;  that  any  man  who  had  a  family  could  have  half-jtay.  Ki;;ht  of 
ti>  went  into  the  <'ahiii  to  see  what  he  would  do  witli  us  if  we  would  nol  ship.  Ho 
>aiil  .Mr.  .(ones  would  pay  our  faic  through  to  Liverpool,  and  anythin;^  else  that  wi^ 
ii()iiind  when  we  came  ashore.  Mr.  .loiies  was  sittiiij;  at  th''  tahle  where  they  wert> 
|ia.\iii,!;  the  lionnty  and  si;>niny;  the  articles,  and  said  it  would  )e  all  ri;;ht.  We  and  a 
iiiiiiilier  of  others,  ill  all  ahont  twenty-four,  refused  to  join,  and  the  same  ni;;ht  wt^ 
Wire  taken  to  the  Alar  and  i)oth  vessels  lel't  tln^  hay.  'i'he  next  mornin;^  the  .\lar  took 
llit'|iiliit  Ironi  the.la|iaii  and  landed  him  and  her  own  ahont  where  we  had  ]>i(  ked  them 
up.  I  was  hclow  when  she  took  the  pilot  otV,  and  did  not  .see  the  .Japan  after  Icavin^j 
lur  ill  the  hay.  I  heaul  the  order  yivin  to  I'loist  the  confederate  lla;;.  Captain  liitdi- 
ccirk.  Mr.  Jones,  and  the  chief  and  second  mates  eami'  from  her  with  us.  We  wero 
l.'iiiiletl  at  I'lyinoiith  on  Saturday  morning',  and  received  from  Captain  Hilcheo(d<  a  sov- 
:ii  each  to  pay  uiir  w  ay  to  Liverpuul,  auil  the  uainu  day  came  in  to  Liverpool  in  tho 


I'lVI; 


!>lfaiiier. 


(Si;r„ed) 

■fwoin  the  I4th  day  of  April,  li?0:J,  before  luo, 


THOMAS  MA  HON. 


(Signed) 


W  \I.    RATIinOXK, 
J  MaijiMlratt'fiir  tin-  Coinitii  of  Ldiirdnlcr. 


'Sir.  Adniii.s  al.«o  iiiclosod  tlio  two  lists  iiuMitioiiotl  in  liis  iioto.  In  tho 
"list  ot'olliccrs  ami  men,"  the  only  olliccrs  nu'iitioiu'd  were  the  iii)ist«'r, 
liist  iiiiitc,  scroiiil  inato,  store-ki'«'iMM',  an<l  boatswain.  All  of  llicsc,  except 
tlic  iniiitswain,  were  stated  to  have  retniiuMl  in  tho  Aiai',  t(>;.;('ther  with 
iiiiiiiy  others  of  the  orij;inal  crew  of  the  .lajjan. 

Oil  the  same  KUh  A[>ril,  l.S<J;{,  Karl  Kiissell  received  from  Tier  liritan- 
iiic  .Majesty's  consul  at  Urest  u  report,  date'l  the  l.'Uli  April,  which  was 
as  tollow.s:' 

CoiiHitl  Sir  A.  I't%ii(r  lo  luirl  liiixmU. 

Ii!!t:sT,  .ip)•)n^^,  lH(]:t. 
My  L(>I!I>:  I  liave  the  honor  to  report  to  your  lordshii»  that  I  have  received  the  lol- 


lo\viii<r  letter  from  Conqiict : 


"SiK:  I  havo  the  honor  to  inform  you  tlmt  on  the 
vi'ssels,  a  hrijj  aiul  a  st<'am-.scliooiH'r,  wen)  .seen  in  tin 
I  sliaiit  and  the  main-land,)  with  u  sifjnal  for  a  pilot. 


'•CuN(iri-,T,  .Ipiil  10,  ISC,:?. 
7th  of  this  month  two  I'lnj^lish 
Fiomveur,  (a  i)assa<;e  between 
I'iton  and  .Maree,  pilot**  «f  Mo- 


I'lie,  Went  on  board.  The  mimes  j^iveii  to  tiiem  were,  .laiian  of  Liverpool,  for  the  hri>f, 
uiitl  Alar  of  London,  for  the  Ncliooiier,  wliicli  was  boiiml  trom  Km/.ic  to  Liverpool  with 
iiK'Ucnil  caif^o.  TliiH  vessel  liuvinj^  sprnnjj  a  leak,  had  rcMjuesti'd  the  brijj  to  stay  hy 
until  all  danjjer  was  over.  After  beating  about  all  day  they  anciiored  in  Hertheaunio 
IJay,  ahont  U  in  the  cveniiifr,  wlioro  they  trietl  to  transship  part  of  the  earj^o  from  the 


■*^  I 


'Appendix,  vol.  i,  i».  416. 


wni. 


mm 


364 


TREATY   OF   WASHINGTON. 


hHkioikt  to  tlio  lirif;,  Imt  n  lioivy  sin  f  inrvciitf<l  tlii'ir  ilniiijr  so.  Tin*  pilotH  (iII'.umI  tn 
lniii;4  tin- \cssfls  into  HuHt,  wliii'li  \\;is  ri-l'iiscd.  Nist  iimriiiii;;,  tlic  "lli,  tiny  ;;ni  nnilir 
\\n\  at  iiliiiiit  (i  ill  till-  iiioriiiii;;,  went  tlii'iiii;(ii  l'iiiH|tirt  ( 'liaiiiic),  :iii<l  Miirlnii'iii  m 
Slill  r>ii.\,  mull  T  I'slijiiit,  wliiTi' the  IniiisMliiitmciit  wan  clVcrttMl  tliat  fvcninj;.  lii.y 
tli<-ii  siiili-il  lor  hiviT|Mi<)l." 

I  riilli'il  ii|iiiii  the  \  iiT-ailiiiiral,  ('oiiiiiiaiiilri'-iii-cliii'f.  to  know  if  hr  liail  n'ccivi'i)  aiiv 
account  ol'  tliin  a  Hair  t'roiii('iiiii|iirt.  Ilr  irpjii'il  thai  lie  had  not  yet  it-ccivi'i!  thi-iitlii'j^,| 
I'cjioi't,  liiit  tliat  hi-  hail  hern  iiilorincil  nl'  all  tiiat  1  hail  stalcil,  anil  also  that  tin- 
Ncliooiici'  hail  .sti'iick  on  a  rock  in  StiD'  Itay,  ami  that  tiic  cries  of  lii-r  crew  hml  Urti 
Ilea  III  at  tiii'Ii;jht-lioiisi"  n  I'sliant.  Siisiuctiufi  that  lliii<  transshi|iiiitiit  ininiit  ImmIw;,, 
I'ontrahanil  ;;oiiils  I'tir  .'iiiii'iica,  he  has  iti-inanih'il  a  full  ri'itort  from  tin*  comiiii>->arv  ut 
iiiarim-  at  ('oiii|iict,  ami  will  t'onimiiiiicatc  it  to  inu. 
I  liaM',  iVc, 
(Sifrn.il;  ANTHV.  rKlflMMK'. 

A  soincwliiit  more  (Ictiiilcd  statciiu'iit of  Mio  iiicidoiitstU'scriritd  in  tin 
fon'o^oiiio;  rt'port  luis  Immmi  it't'cntl.v  tiiniislnMl  to  Ilrr  Miijrstv's  ;;ovi'ni 
moiit  by  \lvv  3Iiij«'.sty'.s  consul  at  Urost.     This  statemoiit  is  as  follows:' 


ii'i- 


Conniil  CUppciloii  to  Kail  (Iraiivilli: 

Hl{i;sr,  Septrmfur  \>,  l"*!. 

My  T.oim)  :  I  have  tlio  honor  to  ackno\vleil>jP  the  recoipt  of  a  ilispatch  from  the  tm. 
ei^n  otiice  maikeil  separate,  ami  ilateil  :(lst  Aii<riist  last,  iiistriictiie^  iiir  tu 
[1'J^]  report  to  yiMir.lnrilship  all  the  information  I  "can  ohtaiii  respertin;;  the  i'i|iii||. 
mint  of  liie  confeileiale  cruiser  <ieor<j;ia,  then  known  as  the  ./apaii  or  \'ir;iiiii:i. 
oft"  Morlaix,  ami  the  visit  of  that  vessel  to  Mrest  lielween  the  Itli  ami  Htli  of  .\|iril, 
I'")'):!,  ami  to  forward  with  my  repnrl  ii  small  map  or  chart  of  the  coast,  explanatory  i>t 
the  proceeiliii;;s  which  toidi  place  within  or  conlio;iiiMis  to  the  limits  of  French  jnriMiii- 
tioii. 

In  reply,  I  he;r  most  resiiecfl''iilly  to  inform  your  lordship  that  at  Morlaix  inithin;;  i- 
known  of  the  cimfederate  cniisrr  ( Je(ir;{i;i,  either  iimler  the  iiJiiiie  of  .Fapaii  or  \'iiy;iiii:i. 
but  the  matter  a|ipears  to  hase  traiis|iiri-il  near  to  Comiuet,  marked  (A)  on  the  arrmn- 
Itanyiii;^  chart,  and  was  as  follows  : 

On  the  '.ttli  April  moruiny;,  Hfi!!,  two  Kn;;lish  vessels,  ii  liri;j  and  stiaiiisclioonii. 
■were  seen  in  the  Fromveur  ('hannel  hetweeii  rsluinf  and  the  main-land,  ( 15,  i  inakiiii; 
Hi;;uals  for  a  pilot.  Two  pilots  of  Mnleiie,  named  I'itini  ami  Marec,  went  nii  Imanl. 
They  were  told  that  the  vessels  were  the  hii;^  .lapan  of  Liverpool,  and  schooner  Al.ii 
of  i.omlou,  hound  for  Liverpool,  with  a  general  car^^o. 

The  Alar  was  lepresented  to  have  spriin;;  a  leak,  and  had  re(|iiesteil  the  hri^  tiotiiinl 
by  her  to  render  assistance  if  rei|nii'eil.  At  ■•ilioiit  ll  in  the  eveiiiiif;  o|'  the  same  ilav  tin 
two  vessels  a'.ichoi'cd  in  Iterthcaiime  Hay,  ((',)aml  elVorts  were  made  nnsucce»fiilly. 
owiiij;  to  a  heavy  surf,  to  transship  part  of  the  car^o  from  the  schooner  to  the  liiii;. 
The  pilots  propo.sed  to  lake  the  \-essels  into  Mrest,  lint  Were  refused.  Tile  two  ve>M'l* 
jjot  under  way  at  <i  a.  m.  of  the  followiiij;  day.  the  f^tli,  passed  thronjih  the  ('oni|iitt 
('hannel.  and  anchored  in  .'^titf  Itay,  (!>,')  umler  rsh.int,  where  the  Iransshipimni  \v,i^ 
I'tlected,  and  th.it  same  eveuiu«f  they  saiU'd  for  Liverpool. 

The  otlicial  rejiorts  made  to  the  admiral  of  the  port  of  Ilrest  by  the  Freinh  iuiv;il 
lij^eiit  at  I'shant,  and  the  custom-house  ollicer  at.  (.'oiii|iiet,  state  that  the  schooner  \va> 
Hi^hted  before  the  brij;.  and  that  both  were  seen,  lioveriii;;  abmit  for  two  or  three  da>>: 
they  were  both  seen  close  alon;;side  of  each  other,  the  schooner  api)areiitly  di.Mdiar;;ni^', 
or  tryine-  to  ilisehaijje.  eai^o  into  the  bri;j.  After  !(nchoriii;i  in  .StilV  May  tlie  tranM»lii|i- 
iiiiMil  was  actively  carried  on  until  betwoiui  7  ami  H  in  the  evuiiiii};,  at  about  wliidi 
lioiir  the  \)v'\<x  went  to  sea. 

At  about  1(1  o'clock  of  the  same  nij^ht  cries  and  iioiso  of  i)iittiii'jout  boats  were  lifanl 
at  the  lijrht-lioiise,  as  if  iiidceedin;;  from  the  schooner.  It  is  supposed  that  the  sclinnnii 
foumlered,  and  tli.at  the  boats  wiMit  out  to  soa,  as  iiothinj^  further  was  ever  heanl  ut 
either  ves.sel  or  crew. 

I  bey  further  to  inform  your  lonLship  that  two  Hteatn-vossels  wero  constnirtiMl  ami 
jtartly  tittcil  out  at  Xantes, duriii<^  tho  war  in  Am<>rica,  for  the  L'oii federate  States.    Oil 
my  return  to  my  j>ost  I  shall  be  in  a  position  to  forward  all  thu  inforiiiatiuu  couiii'ctcil 
with  them,  sliouhl  your  lordship  consider  it  exiicdiout  for  luo  to  do  8o. 
I  have,  «.Vc., 
(SifriiPtl)  IIOBT.  CHAS.  CLlPrKKTON. 

Tlie  placo.s  calh'd  CoiHinet  and  Boitlioaiiino  Bay,  and  nuMitionnl  in 
the  two  preceding?  reports,  are  on  tho  coast  of  France,  in  tlie  (h'part 

'  Appeudix,  vol.  i,  p.  416. 


CASE    OF    GUI: AT    IIRITAIN. 


3G5 


I'll 
\M1 


iiiciit  of  Fiiiist«T«'.  The  }\i\'\v  dii  StilV,  or  Still"  IJay,  is  on  tlic  «'«iast  of 
ihc  I'lviicli  island  of  Oiicssaiil,  oi-  r.siiaiil. 

I'loiii  tlic  statriiMMits  roiitaiiM'd  in  tlit>  luccrdin;:'  ihpositions  nn<l 
ii'|)(>ris,  it  apiK'ars  tliat  tlu' vessel  a(t«'i\vai'd  calltMl  llic  (lfoi';4ia  saiU'd 
iKiiii  (Ircciiock  iind*']-  tli<>  iiaiiic  of  tlif  .lapaii,  as  a  incrcliant-vi'sst'l,  on 
;i  tradlii;^  Nova^;!'  to  tin-  ICast  Indirs,  and  lliat  nntil  slic  arrived  olf  tlm 
ciKist  of  Krani'e  lu-r  crrw  \v«'r«'  not   aware  that    tiiis  was  no!   lu-r   tine 

iinicter  and   destination;    that    she  was   armed   for   war    in    l''reiM'h 

ters;  and  that  she  there  tool;  on  board  lier  eoinnninder  and  ollieers, 
wlut  then  and  ther*'  eidisted  a  crew. 

With  refeicnee  to  Mr.  Adams's  note  of  tlie  l.'ith  April,  ISCi;'.,  the  fol- 
Idwiiiy  U'ttcr  was  on  the  L'lst  April  addressed  to  him  by  Karl  Jinssell: 

Larl  liuimdl  to  Mr.  Jc/ohm.' 

FoiikhjnOimci:,  .(;(»(7',M,  iHfi:!. 

Silt:  I  stiilftl  to  you  in  my  Itltcr  of  tlic  KUli  instant,  tiliat  ytmr  Irlti-r  of  flii'  |ncvions 
il;iy,  n".|iiitin;;  tlir  case  of  tin-  .lu|i:i!i,  olln  rwisi'  the  \'ir;;iiiia.  liad  liccii  icrrircd  to  Ilit- 
{ir<i|M'i' ili'|iarliiiriits  of  lli-r  Majrstx's  ^ovcrniiH'iit,  liiit  I  will  not  delay  inl'oiiniii^  you 
iliat  ijri' Majesty's  ({overninent  have  reeeixeil  IVoni  the  aiilliorit ies  at  (ilas;ro\v  and  at 
l.iieiiix'k  ie|ioits,  from  vvliieh  ii  a|i|>ears  that  tiiat  vessel  was  constantly  visited  whih* 
4[v  v.'.i-'  in  coiii'se  of  constrnction,  and  that  the  sniveys  seeincd  to  show  that  she  was 
iiiti'iiilrd  lor  coininercial  |ini'|io.>>cH,  and  that  her  frame-work  and  (dalin;;  were  of  thu 
iijiliiiaiv  sizes  for  \csscls  of  her  class. 

slie  was  entered  on  the  iMst  nitiino,  as  for  Point  <1e  (iaile  and  Hone-Kon^,  w  ilh  a 
iii'W  III  r<ii'ty-ei;;lit  men.  She  .shi|i|ie(i  on  the  1st  instant  the  honded  stoles  staled  ill 
till'  iiiaii;iii.-  and  she  cleared  on  the  sann-  day  in  liallast  tor  I'oinI  dc  (ialle  and  lion;>;. 
K"ii;:. 

llriMajesly's  government  are  further  infwrmed  that  the  .tajian  left  the  aiichora;;e 
iMilyi'M  the-  morniii;^  of  the  "Jd  instant,  with  the  osteiisihle  |>iir|iose  of  tryin;;  her 
i'ii;:iiii's,  ill  tend  in;;  to  ret  nrn,  ha\  in;;  on  lioard  several  Joiners,  w  ho  were  lit  tin;;  np  her 
raliiiis.  These  men.  who  are  said  to  have  lieeii  employed  at  a  later  time  in  lilt  in;;  np 
;i  iiia;;:i/ine,  were  snlisei|nent ly  landed  on  some  jiai  t  cd'  the  coast  lower  down  the  ( 'lyd^^ 

Till-  rii>tom-hoiis<'  ollicer  who  visited  the  .la|uin  on  the  eveiiin;;  of  the  1st  instant  to 
see   that   her  stoles  were  correct,  reports  that   he  saw  nothiii;;  on   hoard  w  liicli 
[I'Jil]  conld  lead   him  to  snspect   that  she  was  •intended  for  war   ]nirposes.     lier   Maj- 
esty's ;;overnment  are  further   informed   that   she  was  not    heavily  sparred,  and 
lliat  slic  iiPiild  not  spread  more  canvas  than  an  ordinary  merchant-steamer, 
1  am,  «.Vc., 


(Si-iiu.l) 


Rl'S.SKLL 


t)ii  the  (piestion  whether  j)ersons  who  had  Joined  the  ve.s.sel,  or  who 
liiid  iinluced  others  to  Join  her,  eonld  l»e  prosecnted  ;is  otlenders  aj^ainst 
iiiitiuli  law,  the  hiw  ollieers,  on  the  .'!Olh  April,  1.S<<.'5,  advised  as  fol- 
lows:' 

111  (iiii  iipinion  it  is  not  comiu-tent  to  Her  Majesty's  piveriiment  at  present  to  taku 
iiiiy  sii|ps  in  the  matter  to  which  Mr.  Adams's  dispatch  of  the  l.''ith  April  refers. 

S(i  lar  MS  relates  to  Hritish  seamen  who  have  accepted  the  |)roposiil  made  to  them  in 
Irfiicli  waters  to  en;;a;;e  in  the  l)elli;;eri'n!  service  ot'the  ('(mfedeiaft^  .States,  we  think 
tliat  tliiy  have  ofVeiided  a;;ainst  the  '-'d  section  (d'  the  loiei;>n-enlistinent  act,  and  will 
lii'liiilile  to  he  proei-eded  a;;ainst  for  a  misdemeanor  if  they  should  he  found  within 
llriti>li  JMi'isdictiim  ;  the  first  part  of  that  section  (which  applies  to  the  persons  eiiter- 
iiiu;  iiitii  siii'h  en;rj|^,.j||,.||ts)  liein;;  in  the  form  <d' an  ahs<dnt(^  ]irohihition,  applicable 
i^i'iniiilly  to  liritisli  suhje<ts,  without  reference  to  the  place  where  the  act  i)roliiliite(l 
iiiiiy  111  done.  Hut,  imisniindi  as  these  seamen  are  md  at  iire.sent  wiihiu  Ihitish  jiiris- 
ilii'tion,  no  steps  can  iiriw  he  taken  for  their  prosecution. 

With  respect  to  the  seamen  who  Inive  rctniiu'd  to  this  country,  it  soenis  elojir  tluvt 
lliiir  ((iiidiict  lias  been  laudahle.  and  not  <  i  iii'iu'.  'J'hey  were  induced,  hy  t'alse  and 
liamhileiit  repiesentiition.s,  to  enter  into  en  ;;u;'ciMMt8  at  Liverpool  for  u  perfectly  law- 

^\ppeii(lix,  vol.  i,  p.  418. 

•••lie  hundred  and  fifteen  gaUous  ,si)irits, :V.'  ^alh  is  wine, 244  jiounds  ton, I.TO  poiiiidH 
'otrfc.  "Jl-j  poiiiidH  tohaeco,  lt>  iiounds  ei;;arf.  In  i  w  t.  :J  ipiarters  '2  pounds  of  su^ar,  li 
I'wt.  2  (|iiarteis  H  pounds  molasses,  2  cwt.  I  iinarter  r»  pounds  ruisins,  1  cwt.  1  (juurter 
"  poiinds  ciirmnts. 

■•Aiipemlix,  vol.  i,  p.  41S). 


k^¥u 


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IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


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Corporation 


32:  WEST  MAIN  STftKT 
(716)  •/v;--4S03 


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'^'1^ 


36C 


TREATY    OF   WASHINGTON. 


fill  voyage,  and  afterward,  when  apprised  of  the  deception  which  had  been  practiccrl 
ui»ou  them,  and  invited  to  enter  an  engagetueut  of  a  diti'erent  character,  they  refiistid 
to  do  HO. 

Witli  respect  to  Captain  Hitchcock,  and  any  other  persona  who  may  liave  bnen  in- 
strnmentai  in  iiuliiciiig  tlie  crow  of  the  Japan  to  tai<e  service  in  her  before  Jier  dt'part- 
nre  from  this  conntry,  it  is  clear  that  (liowsoever  censurable  their  conduct  may  have, 
been)  they  diil  nothing  contrary  to  the  foreign-enlistment  act ;  for  it  was  not  uiitil  the 
ship  was  in  French  waters  that  any  proposal  appears  to  have  been  made  to  any  of  tin; 
mjiu  to  enter  into  the  belligerent  service  of  the  confederate  government,  and  the  latter 
paitof  the  1st  section  of  the  foreign-enlistmcMit  act  (which  applies  to  the  case  of  jxmsoms 
"hiring,  retaining,  engaging,  or  procuring"  others  to  enter  into  the  belligerent  service 
of  a  foreign  state)  is  expressly  limited  to  acts  done  within  the  territorial  jurisdiction  of 
the  British  Crown. 

Ou  the  8tli  July,  18G3,  Earl  Russell  received  from  INEr.  Adams  a  note, 
in  wbicb,  referring  to  the  Georgia,  and  stating  (as  the  fact  was)  that  liis 
former  representations  concerning  that  vessel  had  unhappily  been  iiiade 
too  late  for  Her  Majesty's  government  to  interpose  effectively,  he  (tailed 
Earl  Kussell's  attention  to  the  circumstance  that  she  had  been,  aiid  until 
recently  was,  registered  in  the  name  of  a  Bdtish  subject.  The  portion 
of  the  note  in  which  reference  was  made  to  this  matter  was  as  follows : 

Mr.  Adams  to  Earl  BusaelU 

[Extract.] 

July  7, 1863. 
It  is  with  great  regret  that  I  feel  my.self  once  more  compelled  to  call  your  lordship's 
attention  to  the  circumstances  attending  the  outfit  of  the  steamer  called  the  Japan.  If 
now  ai)pears  that  that  vessel  was,  at  the  time  of  her  escape,  and  has  continued  until 
very  lately  to  be,  the  projjcrty  of  a  British  suliject  residing  in  Liverpool.  That  pirsiui 
is  Thomas  Bold,  a  member  of  the  commercial  hoirse  of  .Jones  &  Co.  I  have  infmina- 
tion  which  leads  me  to  beliave  that  only  within  a  few  days  has  ilr.  Bold  notiliid  tin' 
C(dIector  of  customs  at  Liverpool  of  his  sale  of  this  vt'ssel  to  foreign  owners,  and  re- 
quested the  register  to  be  canceled.  That  act  was  not  completed  until  the  2',\d  of  .Iniu' 
last.  It  would  appear  from  these  fiicts,  should  they  prove  to  be  true,  that  this  vcssil 
lias  remained  the  luoperty  of  a  British  subject  during  a  considerable  time  in  which  sin- 
has  been  engaged  in  committing  extensive  ravages  upon  the  commerce  of  a  iiatimi 
Avith  which  IrL  .  JIajesty  is  at  peace.  Tliv  fact  of  the  outfit  of  that  vessel  for  hostili' 
purposes  has  already  occupied  the  attention  of  your  lordship,  in  consequence  of  fbrimr 
representations,  unhappily  made  too  late  for  efl'ective  interposition.  But  the  circuiii- 
stances  of  the  retention  «)f  the  ownership  by  a  British  subject  for  so  long  a  period  attir 
she  was  known  to  be  engaged  in  hostilities  against  the  United  States,  is  of  too  graven 
character  to  justify  me  in  omitting  to  call  your  lordship's  particular  attention  to  it,  in 
advance  of  the  possibility  of  receiving  instructions  respecting  it. 

On  inquiry  it  appeared  that  the  certificate  of  registry  of  the  steamer 
Jap.in,  which  had  on  the  -Oth  March  been  issued  to  Bold  by  the  colleitoi 
of  customs  at  Liverpool,  had  on  the  l.*.'3d  June,  18(};3,  been  delivered  iiii 
by  Bold  to  the  collector,  with  the  following  lefter :  ^ 

[130]  *Jf/-.  Bold  to  Mr.  Edwards. 

LiVKRPOOL,  June  23,  li^'i:!. 
Silt :  I  beg  to  hand  yon  the  certificate  of  registry  of  the  «crew-steainer  Japan,  ollicial 
No.  4oH()H,  port  No.  93,  as  I  have  conveyed  the  vessel  to  an  alien. 
I  am,  &.C., 
(Signed)  -      THOMAS  BOUX 

The  circumstance  that  Bold's  name  had,  on  his  own  declaration,  been 
entered  on  the  register-book  astheownerof  the  vessel,  and  had  continued 
to  be  so  registered  till  the  23d  June,  did  not  render  him  responsible  lor 
acts  done  during  the  interval  by  the  persons  who  had  the  actual  i)ossessiou 
and  control  of  her,  unless  it  could  be  i)roved  that  he  was  himself  a  party 
to  such  acts,  of  which  there  was  no  evidence.    Nor  could  he  have  been 


'  Appendix,  vol.  i,  p.  419. 


«Ibid.,p.  4«1. 


CASE    OF    GRfAT   BRITAIN. 


367 


auis  a  note, 


prosecuted  under  the  foieisn-enlistment  act  for  participating  in  an  un- 
lawful equipment  of  the  ship,  on  proof  merely  that  he  was  the  registered 
o\^hi'\',  and  without  any  evidence  to  show  that  he  had  been  actually 
concerned  in  so  equipping  her  within  Her  Majesty's  dominions.  Of  thivS 
a,i;aiu  there  was  no  evidence.  No  proceedings,  tlierefore,  were  or  could 
have  been  taken  against  Bold.  From  a  dispatch  addressed  by  the 
United  States  consul  at  Liverpool  to  3Ir.  Seward,  dated  7th  August, 
18(53,  it  appears  that  the  consul  had  in  the  preceding  July  consulted 
tlie  legal  adviser  who  had  been  employed  by  him  in  the  matter  of  the 
Alabama  (Mr.  Squarey)  on  this  subject,  and  Mr.  Squarey  advised  as 
follows:' 

Mr,  Squarey  to  Mr.  Dudley, 

[Extract.] 

10  Watf:ii  Street,  18(53. 

It  does  not  appear  to  me  the  eii{^a<j;emcnt  of  the  crew  can  be  treated  as  an  offtinse 
a<i-ainst  the  act,  because  the  only  k'f^al  contract  bindin<(  n]»on  the  crew  was  that  ai)pear- 
iiii;  upon  the  articles.  Tlienien  were  not  liable  to  do  anythinfj;  except  what  they  had 
auretd  to  do  by  the  articles ;  and  Croni  the  statements  of  the  umn  whom  I  saw  it  did 
not  appear  that  they  knew  when  they  shii>ped  that  it  was  expected  or  intended  that 
tluy  should  serve  on  board  a  man-of-war  or  privateer.  As  rejjards  the  liability  of  the 
British  rej^istered  owner  to  make  good  to  the  owners  of  tlio  American  vessel  destroyed 
tiie  loss  sustained  by  them,  I  conceive  it  mnst  depend  upon  the  (piestion  whether  those 
ill  counuand  of  the  vessel  at  the  time  can  be  considered  to  have  been  the  agents  of  the 
hiitish  owner.  If  they  were  such  agents,  and  there  was  any  evidence  to  show  that 
the  destruction  of  the  American  ship  could  bo  considered  as  an  act  within  the  scope  of 
tliiir^uithority,  I  have  no  doubt  that  the  owners  would  be  liable;  but  it  appears  to  mo 
that  the  circumstances  to  which  I  have  previously  referred  go  very  far  to  rebut 
tlie  presunii>ti(»n  that  such  agency  existed,  and  to  prove  that  in  destroying  the  Ameri- 
can vessel  the  officers  and  crew  were  acting,  not  for  the  British  owner,  but  for  the  gov- 
ciiimi'ut  of  the  so-called  Confederate  States.  In  such  case  I  do  not  think  that  any  lia- 
liility  could  be  established  against  the  British  owner;  for  it  is  now  well  established 
that  the  mere  fact  of  being  on  the  register  of  the  ship  (loes  not  involve  liiihility  for  the 
acts  or  eiigagemeuts  of  the  mastt'r  and  crew,  and  that  such  liability  is,  in  fact,  u  ques- 
tion depending  upon  express  or  i.nplied  agency  in  every  case. 

Although,  therefore,  1  do  not  see  how  a  British  owner  is  to  be  made  liabl#,  there  is, 
ill  my  opinion,  a  case  which  justifies  the  American  Governnunit  in  bringing  tlie  matter 
bifoie  the  notice  of  the  British  goverinnent,  and  re(|niring  explanations  from  that 
Hincrnnient  of  the  circumstances  under  which  a  British  vessel  is  found  to  be  engaged 
ill  the  destruction  of  vessels  belonging  to  American  citizens. 

AVith  reference  to  this  part  of  the  subject,  it  may  be  here  stated  that, 
ill  tlie  month  of  January,  18(54,  a  prosecution  was  commenced  by  the 
>  direction  of  Her  Majesty's  government  against  two  persons,  named 
.Tones  and  Ilighatt,  (who  were  admitted  to  be  i)artiiers  with  Bold  in  the 
business  of  ship-store  dealers  and  ship-chandlers,  though  not  in  that  of 
sliip  owners,)  for  having,  within  the  (^tu'eii's  dominions,  hired  and  pro- 
cured men  to  engage  in  the  serviee  of  the  Confederate  States,  by  enlisting 
on  board  the  Georgia.  The  case  came  on  for  trial  at  the  Liverpool  assizes 
in  August,  18(54,  and  the  defendants  were  found  guilty  and  sentenced  to 
l>ay  a  tine.  No  evidence  could  be  produced  on  the  part  of  the  prosecu- 
tion to  show  that  the  men  who  shipped  on  board  the  vessel  at  (Jreen- 
ock  bad  at  that  time,  or  when  they  were  originally  hired,  any  intention 
to  enter  the  confederate  service,  although  there  was  evidence  that  the 
defendants  hired  them  with  the  intention  of  afterward  iiulucing  them  to 
enlist  in  that  service. 

The  Japan,  after  having  been  armed,  was  commissioned  as  a  public 
sliip  of  war  of  the  Confederate  States,  under  the  command  of  a  Lieu- 
tenant Maury,  formerly  an  officer  in  the  Navy  of  the  United  States, 
ft'id  luider  the  name  of  the  Georgia,  by  which  name  she  was  afterward 
known. 


'  Appendix,  vol',  i;  p.  427. 


3G8 


TREATY   OF    WASHINGTON. 


[131]  *\n  }h\y,  180,'?,  slio  was  a<liuitte<l  into  the  harbor  of  Dnliia, 
aii<l  coaled  there;  on  the  Kitli  Auj^ust  fslie  arrived  at:  Sjinoirs 
Bay,  iiuthe  colony  of  the  Cape  of  Good  IIo{)e,  and  was  allowed  to  repair 
and  coal;  and  in  October,  18(13,  she  is  believed  to  have  tonctlied  at 
Teneritte  and  coaled  at  that  place.  On  or  about  the  28th  October,  18(13, 
she  arrived  in  the  roadstead  of  Cherbourg',  and  was  shortly  aft<'r\\in(l 
admitted  into  the  dock-yard  for  repairs.'  iSlie  was  admitted  as  a  aiaii-of- 
war,  on  the  order  of  the  minister  of  marine,  and  her  repairs  (wliicli  were 
not  extensive)  were  made  by  tlie  dock-yard  workmen,  and  are  stated  to 
have  been  paid  for  at  the  usual  rate  of  work  done  oa  ships  of  war,  wliich 
is  less  than  the  rate  charj^ed  for  work  done  on  merchant  ships. 
She  renjained  at  Cherbourg  during-  nearly  four  months.  On  the  l-'oth 
March,  1804,  she  arrived  at  Pauillac,  the  boarding  station  of  Bordeaux. 
and  was  reported  as  in  want  of  repairs  for  her  steam-machinery  and  of 
provisions.  She  was  allowed  to  keep  her  gunpowder  on  board,  on  con- 
dition of  mooring  at  Lormont,  an  anchorage  a  little  distance  below 
Bordeaux,  ller  machinery  having  been  surveyed  and  certified  to  re- 
quire a  fortnight  for  its  repair,  she  was  given  that  time  to  remain  at 
Lormont.     She  remained  at  anchor,  however,  until  the  28th  of  April.' 

While  the  Georgia  was  at  Cherbourg,  the  Florida  being  at  the  same 
time  in  the  harbor  of  Brest,  it  was  ascertained  that  some  seamen  had 
been  induced  to  go  from  Liveri)ool  to  France  in  order  to  join  those  ves 
sels.  Four  of  these  men  were  identilied,  upon  incpiiry  ma<le  by  order  of 
Her  Majesty's  government,  as  belonging  to  the  royal  naval  reserve,  and 
they  were  forthwith  discharged  from  the  force.  OneCami)bell,  a  keeper 
of  a  sailors'  boarding  house  at  Liverpool,  was  found  to  have  been  con- 
cerned in  inducing  them  to  go,  and  was  prosecuted  and  brought  to  trial 
and  pleaded  guilty.  It  was  deeaied  sulhcient  by  the  judge  toexaet  security 
against  a  reiietition  of  the  offense,  by  recpiiring  him  to  enter  into  recoj;' 
nizances  in  the  sum  of  £150  to  appear  for  judgment  when  called  upon. 

On  the  IM  May,  1804.  the  Georgia  came  into  the  port  of  Liverpool. 
A'ery  soon  after  her  arrival  there,  her  crew  were  discharged,  her  warlike 
stores  were  lodged  in  warehouses,  (where  they  remained  until  after  slie 
left  Liverpool,  as  hereinafter  mentioned,)  and  the  vessel  herself  was 
removed  to  a  dock  ac  Birkenhead,  dismantled,  and  offered  for  sale  by 
l)ublic  advertisement  in  the  following  terms: 

For  sal*',  the  splendid  serow-steiimcr  Geoiijia,  about  750  tons,  builder's  nioiisimMriciit: 
built  by  Messrs.  Denny,  of  Dumbarton,  H;!:?;  hiis   enj^iues  of 'iOlt  boisc-powcr;  s|I(mm1    ' 
1<J  knots;  carries  u  larj^e  earjLfo;  is  abundantly  found  in  stones,  and  reaily  for  iiiimeili- 
ate  eujployuieut.    For  specitieation  and  further  particulars,  apply  to  Currv,  Kt'lliick  iV 
Co. 

The  reason  given  for  selling  her  was  that  she  was  deficient  in  strength 
an<l  speed,  and  was,  by  her  construction,  unsuitable  for  a  cruiser. 

Directions  had  been  given,  shortly  after  her  arrival,  that,  if  not  Imin 
fide  sold,  she  should  be  ordered  to  leave  the  port  as  soon  as  she  had  re- 
ceived necessary  repairs. 

AVith  respect  to  the  manner  in  whiidi  these  directions  should  he  on 
force(f,  and  the  power  to  enforce  them,  the  law-officers  of  the  Crown  were 
consulted,  and  advised  as  follows  :^ 

Opinion  of  the  attorney  and  soUcitor  general. 

If  the  Georgia  is  still  (as  has  been  hitherto  assumed)  a  public  ship  of  war  of  a  bellig- 
erent power,  slie  is,  while  within  Her  Ma.jesty's  domiuious,  exempt  from  all  civil  a"" 
municipal  jurisdiction,  and  it  is  not,  therefore,  upon  auy  civil  or  municipal  law  of  this 
realm  that  Her  Majesty's  govei-ument  cau  act,  if  they  should  find  it  necessary  to  take 


'  Appcudix,  vol.  i,  p.  44S. 


« Ibid.,  p.  456. 


CASE    OF   GREAT    BRITAIN. 


r>G9 


anrt'Oiiipiilsory  mnasnrcs  with  respect  to  licr;  nor  will  tlic  exec ii I  ion  of  tliosi-  nicusiiics 
ijiioiii;  t'>  '!"'  coimiiis.sioiit'r.s  of  the  ciistoins,  or  to  iiii\'  otlicr  civil  aiitii'irily. 

];v  the  uiiivci'Miil  law  ol'  iiiitioiis,  jiikI  iiy  tin'  I'.tro^iiilN  c  iij;lit  nl'  rcj;iiiatiiii;  I  lie  iiitcr- 
(•(inisi'  lictwccii  tiiis  comitry  and  tiic  jiiililic  sjiips  of  war  of  a  forci;;ii  uovciiiiiiciit, 
wliifii 'idoiiJiM  to  Her  Majesty  in  ri;;lit  of  her  crown,  it  is  coni))eteiil  for  Her  Majesty 
Id  iiriiliil'if  the  entrance  of  any  foi'cij^n  ]»nl)iic  ship  of  war  into  Her  .Ma,jesty's  terrilory, 
ixci  lit  under  sneh  conditions  as  she  nniy  think  jiroper  from  finie  to  tiinetoiinpo.se; 
and  if  any  Mich  prohihilion  is  not  dnly  olicyed,  it  is,  in  our  opinion,  )icifect]y  within  the 
iiiiiiiiftciicy  of  Her  Majesty  to  (inforce  its  oh.serviuice  hy  her  nulilaiy  i>v  naval  ofliccrs, 
;iiiil  liy  tlie  ns(!  of  force,  if  necessary. 

If  the  (ieor^^ia  has  cease<l  to  he  a  priOlic  siii])  of  war  of  the  Confedeiate  States,  ami 
lias  heen  sold  to  and  hccoine  the  privat:'  jiroperty  of  any  of  Her  Majesty's  snb- 
fi:li]  jects.  the  case  is  dill'erent.  I'nder  these  *circnnisfanci's,  Her  Majesty's  or(h'rs 
would  no  lon<;'er  he  a)i)ilicahle  to  this  ship;  and,  of  course,  no  l'or<ihle  or  other 
iiiciins  could  he  nsed  for  the  pnrpose  of  coniiiellin;;'  their  ohseivance  in  a  ca.--e  to  which 
iImv  would  n<it  ajiply.  The  <;eor<;ia,  after  siicii  a  sale,  would  Ix-  exactly  in  the  same 
.;i;i:iti(iii  as  tht^  (iihraltar  (formerly  called  the  Snintcr)  was  last  year;  she  would  ho 
.iivri-acil  liy  the  ordinary  municipal  law  of  this  country,  like  any  (iih;'r  ).iivate  shii>, 
till.'  iinijierty  of  British  snhjects. 


IJOrNDKlJ.  I'AI.MKR. 
R.  P.  Ct)LLIEU. 


(Si-;ned) 

Lixcoi.x's  Ixx,  May  23,  l.^O-l. 

The  vessel  was  sold  to  'Mv.  Edwiird  Bates,  a  sliip-owiier  carrying-  on  a 
very  extensive  business  itt  Liver|)()ol. 

yiv.  Adams,  on  bein^jf  infbrini'd  of  the  sale,  wrote  to  Earl  Kussell, 
stiitiii.u' tliiit,  on  beliiilfof  his  (rovernment,  he  must  decline  to  recooiij/e 
the  vaUdity  of  it,  and  nuist  claim  the  ri,«;lit  to  capture  tlie  vessel  wiicr- 
cver  site  mi<,dit  be  Ibiind  on  the  high  seas. 

Oil  the  27th  Jidy  he  again  wrote  to  Earl  Kiissell,  suggesting  that 
there  wiis  reason  to  suspect  tliat  tlie  sale  was  lictitious,  and  tiu'  vessel 
iiileiided  to  be  again  employed  in  the  coid"ederatc  service. 

To  this  letter  Etirl  Kusscll  rei>lied  iis  follow 


•  o    .1 


Earl  HiiKsdl  io  Mr.  Aditins. 

Foiir.KiX  Ori'icr.,  AkhuxI!^,  hSCil. 
Sin:  ^^■ith  referenco  to  my  hdter  of  the  'J-^th  nltinio,  I  have,  the  honor  to  state  to  yon 
ti:;il  Her  Majesty's  j;overn!nciit  do  not  see  sntJicient  grounds  t'or  comiii!;'  to  the  eoncln- 
Vdii  1111(111  the  statements  contained  in  your  letter  of  the  "iTth  nlli'iio.  that  the  steamer 
(I'iii'Ljia  is  aliont  to  he  anain  used  for  licirn^erent  piirimses.  With  a  view,  however.  To 
liv.'vi'iit  th('  recurrence  of  any  tjnestioii  such  as  that  which  has  arisen  in  tlie  case  ni' 
lliv  (;riir;;ia.  HlM'  Majesty's  j;iivernineiit.  have  j;iveii  direetions  tiiar.  in  fntiiie.  no  siiip 
iil'wiu'dt  I'ither  hellij;rrent  shall  h(!  allowed  to  hi!  hioiiyht  to  any  of  Her  Majesty's  ports 
l"i'  the  purpose  of  being  dismantled  or  sold. 

I  am,  iVc., 

(Signed)  RUSSELL, 

The  dii('(!iions  mentioned  in  the  above  letter  weic  issued  accordingly, 
1111(1  were  notified  in  the  London  (iazette  as  I'oljows: 

Extract  from  the  Loiiduii  (Itttcllc  uf  Scjtlcmlxr  r',  ISiil. 

FoHKKiX  OiTicK,  Scptcmhrr  f*,  IKH. 

It  is  lierehy  notified  that  Tier  Majesty  has  lieen  phased  to  order,  that  for  the  fntiiro 

!!"  ■Iiip  (if  war  helonginj;'  to  either  ot  the  lielli>;eren!  powers  of  Xortli  America  shall  lie 

:il!'nv('(l  to  enter,  or  to  renniin,  or  he,  in  any  of  Her  Majesty's  ports  for  tin;  ]iiirpose  of 

li''i:i;i  (lisniantled  or  sold  ;  and  Her  Majesty  has  heen  ideased  Io  give  directions  to  the 

'■' lissioiicrs  of  Her  Majesty's  customs  and  to  the  yoxcrnors  of  Her  Majesty's  colonics 

iiiiii  ftirei^n  [(ossossions  to  see  that  this  order  is  properly  carried  into  ell't-ct. 

Oil  the  8th  August,  lS().'i,  the  (reorgia,  being  then  registered  in  the 
iiiiiiu!  of  the  sai<l  Eilward  IJates,  sailed  from  Liverpool  for  Lisbon.     Oli' 
l^isboii,  and  while  oa  the  hig'li  seas,  she  was  <!;ii)tured  I)y'  tlie  United 
^fiites  war-.sieamer  Niagara,  and  wiis  sent  to  Boston  for  iuljiulication. 


111 


^m 


2iA 


'Appijudis,  vol.  i,  p.  l.'j'J. 


nio 


TREATY    OF    WASHINGTON. 


m 


• '}  :  a* 


i£iv 


Mv.  Tliitcs,  liorownor,  tljor(Mii)oii  wrote  to  Earl  Russdl  as  follows,  com- 
plaiiiiiiy  of  the  .seizure  of  his  .ship: 


Mr.  Bates  to  Earl  liimcll^ 

LlVKlM'ooi,.  .Uifinxt  -JT,  l<n| 

MyLoKD:  I  h(^<x  to  cfill  your  lorilHliii)'s  jittciitioii  to  a  very  sciioiis  oiitiiii;e  wliidi 
lias  Itccii  coinmittrd  niion  uw,  l>y  tlic  riiitcd  Stiiti's  niiiii-ot-wiir  Niatjara,  in  liiivin" 
foicilily  scizi'd  and  scDt  to  t  lie  United  States  my  scrcw-stcanicr  Gi'oi<;ia.  " 

This  vessel  was,  in  tlio  nioiitli  of  May  last,  lyin^i  in  tin;  liiikeii'jead  dock.  ;iiiil  \v:i, 
oll'ered  Cor  sale  h\  |inl>lie  advertisement  by  tins  well-lcnown  sliiii-l>r<)lveis,  Messis.  Cniiv, 
Kellixlv  &  (^).,»d"  tliis  town. 

1  li.-id  her  examined,  and,  thinkin^i  her  a  "nitahle  vesH(d,  I  entertained  an  iiifentidn 
to  i)niciiase  her.  I  knc-w  slio  was  tlie  jiro,  erty  of  the  eonfedenite  jiovf-rnnient,  niid 
thiTenjion,  bel'oni  eomidetini;  n  i)urehase.  I  eoinniunieated  with  tlit!  cnstmn-li(iii>c 
antiiorities  at  Iiivcri)o(d,  in  order  to  asceiTain  whether  the  antin)rities  would  j^raiit  iiie 
a  ISiitish  re<^ister,  without  which  I  should  uot  have  lion<j,ht  hi'r. 


Tl 


le  customs  authorities  took  some  time  to  consider,  and  dur:!i<j;  all  this  | 


[  i:>;?]  the  advertisement   *c(tntinucd  in  the  j)uhiie  papers,  and  1  have  in>  donlif  tl 


MTJdll 


!iat 


this  public  announcement  was  .seen  and  well  known  to  the  American  consnl  iit 

this  JHMt. 

Eventually  I  was  infornuMl  that  a  Uritish  re<;istor  would  be  fjranted  to  nie  if  I  hmi^jjit 
her.  I  cmicluded  a  jnirchase  of  her,  and  ])ai<l  for  her  on  the  I'Mh  June  last.  The  |hii-. 
eliasenioney  I  paid  t.)  Jlcssis.  Curry,  Kelloek  «.*i  Co.,  and  received  a  l)ill  of  sale  siirmd 
by  .Janu's  I).  Ibdlock.  This  docunu'Ut  I  ]>resi?nted  at  th(^  custom-house,  where  I  in:u]v 
the  usual  declaration  of  ownership,  aud  the  ship  was  thereujion  duly  registei'ed  i 


II  IIIV 


name 


iMiriuf^  t1n'  whole  of  this  period  slu;  was  in  a  ]inblic  dock  o](eu  to  tlu^  inspectinii  nf 
llif  i)nblie,  and  where  I  dismantled  Ikm-  and  ])roceeded  to  alter  and  re]>air  her.  All  tlii> 
time  1  did  not  receive  any  intimation  from  eitlier  niy  jjovernment  or  fvoni  the  American 
consul  lU' other  authoi'ities  that  my  piir<'hase  was  invalid. 


In  Jnlv  I  received  overtures  from  ?>lessrs.  lienntitt,  of  I.omlon,  tlirou<>li  Messrs,  M 


ca- 


cock,  of  Liverpool,  as  brokers  for  tlu^  ]*ortn<;uese  consul  iti  London,  for  a  cliarternl' 
the  (ieiu'jiia  on  time  to  the  l'ortnj;iies(!  j;(»vernnu'nt.  I  eventually  a(K'epted  tiiis  cliai- 
ter,  and  then  jjroceeded  to  lit  her  up  in  accordanco  therewith  as  a  uuiil  and  passcii- 
}>('r  boat. 

Wliile  she  was  beinj^j  thus  fitted  up  the  Niafjara  visited  the  Mersey.  The  vessel  \v;i. 
still  open  to  inspection,  anil  1  have  reasmi  to  lielievf;  that  the  oiilicers  of  that  vessel  did 
inspect  lier,  but  no  intimation  was  nuide  to  nu;  of  the  intention  to  seize  my  iirKjMiry 
as  so(m  as  she  should  "^ct  into  ojien  waters. 

So  secure  did  I  feel  in  the  possession  of  my  projierty,  that,  althoui;h  the  consul-^'ci:- 
eral  for  I'orfnual  conveyed  to  uu'.  his  feelini!;  of  api)r-'iiensiou  of  the  Xia.n.ira,  I  scdiind 
tile  i(h'a  as  something  unworthy  of  credence,  and  on  tin;  f^th  Auj^iist  she  sailed  finin 
the  QiU'enV  dock  in  Liverpool  iV.i'  Lisbon,  then!  to  run  in  the  service  of  the  l'ortni;Mcsi> 
ffovernment,  from  tliat  playe  to  tlie  coast  of  Africa  an<l  li;ick,  with  mails,  (roods,  and 
liasseii^crs.  On  the  coni)detion  of  this  ser^  ice  the  l*orfu<;uese  j;dvernmeut  coveiiaiitiil 
and  a<i'reed  to  deliver  my  ship  to  me  in  tlie  ]>ort  of  Liverpool. 

Your  lordshiji  may  therefore  conceive  the  astonishment  and  indi;;nation  with  wliicli 
I  received  the  iiitelli'j,-ence  on  my  return  to  lJver|)ool  of  tlii^  vessel  haviiii;'  been  seizid 
olV  Lisiion  by  the  I'nited  States  steamer  IS'iaj;ara  and  sent  to  Boston. 

I  am  well  known  in  Liveri»ool  as  an  extensive  sLiii-owiu'r. 

1  have  no  conneclion  with  the  confedtirate  <;()verniiient  or  their  agents,  and  nevii 
have  had,  directly  or  indirectly. 

I  boiiiiht  U\c  ves>cl  for  llie  purpose  of  my  own  business,  on  an  arrauji-.'ment  with  llir 
custom-lionse  anlhiuities  that  I  should  receive  ibr  her  a  British  register,  and  in  t!;i' 
bcdief  that  a  Biitish  rej;ihter  would  protect  my  property  fnjin  the  onlraj^c  wliicli  la^ 
been  practiced  upon  me. 

I  res]tectfully  submit  these  factts  to  your  lordship's  consideration,  and  trust  that  Ihr 
Majesty's  goveniiiii'iit  will  forthwith  take  such  steps  as  they  may  deem  neci'ssary  in 
t)rder  to  jirocure  for  mc  a  restitution  of  my  ship  and  compensation  for  the  injiiiyl 
have  sustained. 

I  have,  &c.. 


(Signed) 


EDWARD  I3ATE.S. 


^Ir.  liates  was  inforined  in  reply  that  tlio  question  must  go  before  a 
pri/.e-euurt  in  the  United  State.s,  and  that  he  must  be  prepared  to  de- 
fend his   interest  therein.    The  view  entertained  of  the  ca.se  by  Her 


'Appendix,  vol.  i,  p.  464. 


CASE    OF   GREAT    I5R1TAIN. 


371 


ows,  com-    ■    ^^fajesty's  jETOVorninont  was  aftervranl  more  fully  expliiiiio*!  to  him  in 


^1  -27, 1-^ni. 

tr;iy,(j  wliitli 
!i,  ill  liaviiii; 

•Ck,  !1)H1    Wlls 

(.'SSI's.  Curry, 

ail  intciitidii 
I'liniciit.  ;iii(l 

'llStDlll-lllHlsf 
llld  JiHlMt  llic 

11  til  is  ]ifii(iil 
i>  <li)iilit  tliiif 
-•an  cciiisiil  lit 

(!  if  I  liou^lit 
it.  The  i)iir- 
f  sale  sinned 

>1«<TC  I  IIKIlli' 

stored  in  my 

nspcctidii  (if 
iiT.  All  t!ii> 
lie  Aiiifiicaii 

-Mosis.  Men- 
a  clijirtcr  nj' 

'il  tliis  cliiii- 
aiid  iiiissi'u- 

le  vessel  \v;i> 

at  Vessel  (lid 

ly  i)i')iieiry 


eiinsiil-jicn- 
•a,  1  scDiileil 

siiiied  t'liilii 

I'(>itnj,'iii'>(' 
i,  fjoods,  iuid 

eoveiiiuitcil 

with  wliiili 
been  seized 


s,  and  neviT 

■lit  with  tile 

iiiid  ill  tl;i' 

e  which  liii.^ 

t  that  Her 

ifCosill'V  ill 

the  iiijmy  1 


)  BATES. 

)  before  a 
red  to  do- 
le bv  Her 


the  followiiif;-  letter 


Mr.  Hammond  to  Mr.  Bates, 


FoiiKKiX  Ori-in;,  Scplcmlnr  19,  18f)4. 


Si.!:  I  Jicqiiaintod  you  shortly,  liy  Lord  Kussell's  direetioii,  in  my  hitter  of  the  IMli 


ins: 
Stiites, 


that  the  ease,  of  the   (Jeor^i,!    must  j^o  hefort^  the  pii 


nut  ill  the  United 


d  that  yon  iiinst  lie  preinired  to  deleiid  your  inleicst  therein. 


1  iiiu  now  further  to  aeiiiiaiiit  yon,  in  rejily  to  your  letter  of  the  tiTth  nltinio,  that 
liiiviii;^  eoiisiiUed  the  l:i\v-oltieer,s  of  the  (Jrown,  Ijiid  liiissell  desires  iiie  to  statts  to 
von  that  the  Nia^aia,  in  caiitniiiij;  the  (Jeor^iia  and  s^'iidiii^-  her  into  n  ]ni/e-eoiirt  for 
adjudication,  which  it  is  to  he  assnnied  will  Ijo  the  course;  she  will  imrsiie,  has  not  ex- 
iTLMled  the  liinit.s  of  her  l)ellif;erent  rifjhts. 

If  the  (ieoi'niii  had  formerly  heloiijie<l  to  tin;  iiiercantile  iiiarine  of  the  Coiifcdernto 
States,  and  heeii  the  iiroiierty  of  u  jnivnte  siilijectof  the  Confederate  States,  the  I'nited 
.States  cruiser  would  havt;  heeii  jiistilied  in  sei/iii;i;-  her  iiiimi  the  hi;;Ii  seas,  iiiid  in 
tal<iii};  her  into  a  prize-court  lor  tin-  imrpost!  of  snl)inittin;j;  to  iiroper  Jiidiei;il  investi- 
t;atioii  the  iiiiestioii  whether  the  transfer  of  an  eiiiMny's  vessel  to  a  iieiitial  _//(///)•((«/( 
//(7/»  had  heeii /)o»«  /('(/c.  and  executed  in  the  nifinner  . and  in  tins  lircninstiiiiees  whieli 
iiiteniatiiiiial  law  ri'i|nire.s.  JJiit  it  is  n  fact  hey<nid  the  reach  of  controversy  or  denial 
that  the  (ieoi'Hiiii  had  formed,  lill  a  very  recent  i»eiiod.  part  of  the  confe<lerate  navy. 
Tlif  helliucrenr,  therefore,  had,  a  forlhtri,  the  riicht  to  sei/e  Iier  and  einU'iivor  to  ohtain 
her  cdndeinnation  in  a  prize-court.  That  court  will  have  to  (h^terinine,  not  only  the 
i|i!estioii  wiiether  the,  transfer  of  the  (>eorj;ia  to  it  neutral  owner  was  real,  and  aceoin- 
l),ini(!d  liy  an  entire  extinction  of  all  the  interests  and  rij;hts  of  tin;  former  hostile 
owner,  hut  the  iiiiieh  i^raver  preliminary  (inestion  whether  (as  af;aiiisr  the,  rii;ht  of 
ciilitiu'e  of  the  other  hellij^erent)  a  shiji  of  war  can  he  lawfully  transferred  hy  a  hellii^- 
iii'iit  .//r(,'/(V("/^- /«•//(»  in  a  neutral  port  to  a  neutral,  with  whatever  imidicity  and  Iiow- 
I'Vi'i' ctiiiipletely  the  transfer  may  have  lieeii  actually  made,  and  whatever  alterations 
tliestriietnre,  eciuiiniieiit,  or  eniploynient  id' the  vc'ssel  so  dcfuclo  transferrc'd  may  havo 

undergone  while  in  the  iiossession  of  tlie  neutral. 
[i:i4]  *Ijord  Russell  is  further  advised  thai  the  otlirers  of  thoeustoni-honse  at  Liver- 
]t(iol,  in  ur.intint;  to  this  vessel,  upon  the  production  of  projier  doeiiments,  ii 
liiitish  register,  merely  actiul  in  confoinii,\v  with  the  municipal  laws  of  this  countrv, 
wliiili  iieithi.'r  undertakes  to  assist  and  facilitate,  nor  jiretends  upon  the  high  seas  to 
ovLiiiile  or  .supersede  the  right  of  marifiuie  capture  belonging  to  a  belligerent  under 
the  law  of  nations  as  administered  in  pri;^e-e(iiirts  ;  and  that  it  was  certainly  no  part  of 
till-  duty  (d"  Her  ila.jesty's  giiveriimeiit  to  inform  a.  private  individual  who  might 
intfitain  the  idea  of  purchasing  this  ve>sid  of  any  risk  which  lii!  migiit  incur  by  so 
doing.  A'or  is  Lord  Russell  awan;  of  any  obligation  imposed  by  international  law  and 
coiiiiiy  n[ioii  the  ri'inesentatives  or  a,^'eiits  of  the  I'nited  States  in  this  country,  or 
iqmii  the  oIliceiH  of  the  Niagara  when  at  fiiverpoid,  to  give  any  notice  lU'  intimation 
ffliatiiver  that  the  Niagara  or  any  other  cruiser  of  the  United  .States  might  still  consider 
till!  vessel  a  jiroper  subject  of  eaiitnre,  whether  transferred  or  not  to  a  neutral,  and 
iiiider  whatever  register  or  ilag  she  might  sail. 

1  am  to  add  that  tin;  application  contained  in  your  letter  of  the  Ifltli  instant  for 
diniiineiits  in  the  case  is  now  under  cou.sideration,  and  that  an  answer  Avill  ho  returned 
to 


you  as  soon  its  possible. 
1  am.  Arc, 


(Signe( 


I) 


E.  HAMMOND. 


su:m:\iary. 


The  Georgia  was  a  ve.ssel  built  at  Dumbarton,  in  Scotland,  and  .sent 
to  sea  from  the  port  of  Greenocrk.  J'or  whom  she  was  built  and  by 
^\'lioiii  and  uiuler  what  circnmstanees  she  wiissent  to  sea  are  matters  as 
to  which  Her  Majesty's  goveriHuent  has  no  information  beyond  what 
lias  appeared  in  the  foregoing  statement. 

The  Georgia  neither  api>eared  to  be  nor  was,  up  to  the  time  when  she 
sailed  from  the  port  of  Greenock,  titte«l  out,  armed,  ore(iuipped  for  war, 
nor  especially  a<lapted  to  warlike  use.  JSiie  appeared  to  be  constructe<l 
and  intende«l  for  a  ship  of  commerce.  She  })roved,  in  fact,  to  be  not 
titled  for  employment  as  a  cruiser,  and  for  this  reason  she  was  (lisniantled 
and  sold  alter  having  been  at  sea  for  about  nine  months  altogether,  ex- 

•  Aiipeudix,  vol.  i,  p.  AGS. 


:i: 


:im 


'i-l 


m 


m 


372 


TRKATY    OF    WASHINGTON. 


elusive  of  the  time  (luring'  wiiidli  slie  reniaitiod  in  tlio  liaiLor.s  of  Clior- 
bouiji'  iuxl  I!()v<U'iiux. 

Slie  was  i('i;istc'i('«l  ur.dcr  the  uiuiio  of  the  Japan,  in  tlie  name  of  a 
Liverpool  merchant,  and  was  entered  outward  and  (;leared  in  tlie  cus 
toniary  way  for  a  port  of  destination  in  the  East  Indies.  Slic  was  ail 
vertised  at  the  Sailors'  Home,  in  Liverpool,  as  about  to  sail  for  Siii>;a 
])ore,  and  her  crew  were  hire«l  for  a  voyage  to  yingapore  or  some  in- 
termediate  i)ort,  and  lor  a  period  of  two  years.  Tlie  men  wlien  tiicy 
were  hired  believed  this  to  be  tlie  true  destination  of  the  shij>,  and  JicV 
voyage  to  be  a  eomniereial  one,  and  they  apjjear  to  have  contiiuu'd 
uinler  tliis  belief  until  after  tlie  vessel  iiad  arrived  off  the  coast  of 
France. 

She  was  armed  and  e(piii)ped  for  war  in  tlie  waters  of  F'-aneojsIio 
there  took  on  board  her  commander  and  ollicers,  and  her  crew  were  en- 
listed there;  the  crew  who  had  shipped  at  Greenock  having-  boon  i(' 
leased  irom  their  agreement  and  provided  with  the  means  of  ret  urn  in  jj' 
if  they  chose  to  do  so. 

Her  ofticers  and  armament  appear  to  have  been  conveyed  to  tlic 
French  coast  or  its  immediate  vicinity,  in  a  steamer  which  had  doanid 
irom  Newhaven  in  ballast  for  AUlerney  and  St.  ]Malo,  and  which  was 
stated  to  be  a  regular  trader  between  Xewhaven  ;jnd  the  Ciiaiincl 
Islands.  The  master  oi'  the  steamer  stated  that  the  persons  whom  she 
conveyed  were  taken  on  board  as  passengers. 

Her  liritannic  Majesty's  government  iiad  no  reasonable  grotuids  to 
believe  that  the  vessel  was  intended  to  cruise  or  carry  on  war  agjiinst 
the  United  States  until  after  she  ha<l  departed  from  the  waters  of  (Ircat 
Britain  and  arrived  in  the  waters  of  France.  Tlie  government  laid  in- 
deed no  knowledge  or  information  whatever  about  her  previous  to  the 
receipt  by  Earl  liussell  of  IMr.  Adams's  note  of  8th  April,  ISVh], 

information  about  the  constru;  tion  iind  outtit  of  the  vessel  had  for  a 
long  time  before  her  de])arture  been  in  the  i)ossession  of  Xiv.  Adams: 
and  Mv.  Dudley,  who  was  (as  it  was  his  duty  to  be)  inconstant  coiinnn- 
nication  with  Mr.  Adams,  knew  of  tlie  Idling  of  seamen  for  her  and  liad 
her  examined  by  a  man  sent  on  board  by  him  for  that  purpose.  T!n' 
information  possessed  by  Mr.  A<lan)S  was  not,  however,  in  Ih.soijiiiion. 
such  that  proceedings  could  be  founded  ui)on  it;  and  no  coinimuiic;iti(i!i 
was  made  by  him  to  Her  Majesty's  government  on  the  subject  until  six 
days  alter  the  ship  had  sailed.  At  that  time  Mr.  Adams  liad  receivi'd 
further  information  (which  i)roved  to  be  erroneous)  that  the  vessel  was 
to  receive  her  armament  at  Alderney,  within  the  Queen's  dominions. 
and  he  then  made  up  his  mind  to  "send  notice  of  it  to  the  British  gov- 
ernment, and  leave  it  to  them  to  act  in  the  case  as  they  might  think  tit." 
The  vessel  did  not  go  to  Alderney,  and  Mr.  Adam.s's  comniuiiicatiou 

was  (ill  his  own  words)  "  too  late  for  cB'ective  interposition." 
[135]  *  The  Georgia,  alter  having  been  armed  for  war  in  French  waters, 
was  commanded  by  an  oliicer  commissioned  as  such  by  the  gov- 
ern !nent  of  the  Confederate  States.  Her  ollhters  were,  as  Her  Miijis- 
ty's  government  believes,  Americans  belonging  to  those  States.  Ot 
the  composition  of  her  crew.  Her  IVLiJesty's  government  knows  notliinj;. 
except  that  it  appears  to  have  consisted,  in  i)art  at  any  rate,  of  liiitisli 
subjects,  who  were  induced  by  the  persuasion  and  promises  of  lui' 
commander  to  take  service  in  lier  while  she  was  in  French  waters. 

The  Georgia  was  received  as  a  ship  of  war  of  the  Confederate  States 
in  the  neutral  ports  visited  by  her,  jiarticularly  in  those  of  Brazil  i'l'tl 
France.    On  the  same  footii  g,  and  in  the  same  maimer,  without  favor 


CASE    OF   GltP:AT    DRITAIX. 


373 


or  piirtiality,  sImmvus  received  in  a  i)ort  of  tlio  colony  of  tlio  Cape  of 
(lodd  JIoju',  an<l  in  a  iunt  within  tlu'  United  Kinjidoin. 

Alter  liavin^'  been  disarnied,  dismantled,  an<l  sold  in  a  Biitisli  ])ovt, 
till' Cieoijiia  was  captured  at  sea  by  a  Llniti'd  vStates  crniser,  as  liavin;4' 
liicii  a  ship  of  the  Confederate  S.tates,  and  in(!apable  of  l)ein;u-  trans- 
it red,  dnrinj;'  the  war,  to  a  Uritish  snl)Je<;t.  Iler  Jiritaninc  Miijesty's 
i;()vernrueiit,  while  it  saw  no  reason  to  doubt  that  the  sale  Inid  been 
hoiui  Ji'lc,  did  not  dis])ute  the  rij^ht  of  the  United  States  to  captiin*  the 
vt'ssei  lor  the  i)nrpose  of  subn-.ittiny  the  validity  of  the  transfer  to  the 
judgment  of  a  prize-court. 

Diniii.ii'  the  cruise  of  the  fieor};'i«i,  which  lasted  (as  stated  above) 
iibout  nine  months,  exclusive  of  the  period  of  her  stay  in  the  harbor  of 
Clierhoiuf;',  no  serious  endeavor  to  intercept  or  capture  her  appears  to 
liave  been  made  on  the  part  of  the  (lovernnu'Ut  of  the  United  States. 

Her  IJritannic  Majesty's  movernmeut  cannot  adnut  thiit,  in  respect  of 
the  (ieoijiia,  it  is  Justly  char/4eal)Ie  with  any  failure  of  international 
duty,  for  which  Great  Britain  owes  rei)aration  to  the  United  States. 


'Mi 


':l\ 


'M 


m 


1,        '  I 


m 

:  '■^■'y . 

-'U 

■  ■  ix 

'it          i 

-^? 

»■  ':..;•■*•'' 


.')74 


[130J 


TREATY    OP    WASIIINCITOX. 


*PART    VI I  r 


STATEMENT  OF  FACTS  RELATIVE  TO  THE  SHENANDOAH. 


On  tho  12t1i  November,  18(14,  I'].ul  lliisscllrocoivcd  from  II«'rr>iit;iiiiiic 
pakt  viii.-t:..-  Maji'st.v'.s  i;(msul   at  Tcnciilie  a  roport  (lat«'«l  tin'  .'tdtli  Oc. 
si„-„:,„.inni,.  tober,  18(14,  from  which  it  ai>i)oan'(l  that  a  vessel  bcarinjj 

the  name  of  the  Kea  Kin.!>',  from  London,  had  shortly  before  that  dati' 
arrived  in  the  vicinity  of  the  Madeira  Islands:  that  she  had  tlicic 
received  on  board  <;iins  and  a  small  nnmber  of  men  from  a  Ijiitish 
steamer  calle«l  the  Lanrel ;  had  been  taken  possession  of  by  a  person 
claimiii<;  to  be  her  commandiii};'  oilicer  in  the  name  of  the  Confcdciiitc 
States,  and  had  hoisted  the  confederate  llag.  This  report  was  as  lul- 
lows :' 

Consul  Grattan  io  Earl  IluHHtll, 

TicxKiMiir,.  Ovtohr  .'W,  \m. 

J[vIiOi{i>:  I  ha  vo  the  honor  to  in  form  your  hjrdshiji  that  fho  liritisli  stcani-vcssil 
Laurel,  (47."'ll>,)  of  tho  jiort  of  (ihisgow,  hound  from  Liverpool  to  Nassau,  arrived  \w\v 
on  tlu!  "ilst  instant  for  tiie  inirpose  of  coalin;!. 

The  niaster,  J.  F.  Hamsay,  on  i)res('iitjnif  himself  af  this  olliee,  stated  that  he  wished 
to  land  forty-three  ]»assenjfers,  wlio  wen;  to  pnici't'd  to  England  hy  tile  next  Liver|)iMil 
steamer,  and  that  these  jM-rsons  were  tlie  master  and  c-rew  of  the  Hritish  steainir  Sci 
Kiny.  (ollieial  No.  -1>'547,)  of  London,  wliich  vessel  had  heen  wrecked  off  tlie  Dcsiatas. 
The  Laurel  eontinu(,'d  her  voyaj;t,'  on  the  'Z^i^\  instant.  The  master,  on  {getting  up 
steam,  and  not  heforc,  landed  the  ahove-nn-ntionod  seamen. 

Tlie  nuister  of  the  Sea  Kin<>;,  1'.  S.  C'orhett,  did  not  rail  at  this  office,  as  is  usual  in 
such  cases,  either  for  tho  jturpose  of  makinjj;  a  protest  or  to  claim  assistance.  There- 
fore,  on  the  :;ir)th  instant.  I  sent,  to  desire  his  attendance,  and  demanded  the  certiticiite 
of  registry  of  his  vess(d,  in  ])ursnanco  of  instructions  contained  in  No.  \'.\  Parafiiaiih  nl' 
the  ]5oard  of  Trade  Instructions.  On  handiiiji'  in  his  certificate  he  informed  me  t]i;it 
his  vessel  had  not  heen  wrecked,  hut  that  she  had  been  sold  in  London,  and  delivered 
to  her  owners  on  the  liifih  seas  ;  and  that  himself  and  his  crew  had  landed  here  for  tlie 
purpose  of  retnrninj;;  to  En;^lan(l  as  passonyers  in  the  West  Coast  of  Africa  mail-stcaiiiiT, 
due  at  this  ])ort  on  the  ^Ist  instant. 

The  discre])ancy  between  the  statements  of  the  two  masters  led  me  to  seek  for  fur- 
ther information  respeetiii;^  this  matter,  and  the  substance  of  the  declaration  I  have 
obtained  from  Geoijie  Kelly,  Edward  Everall,  Jtdiii  Ellison,  (Koyal  Naval  Volunteers, 
18.'>:5(),)  and  .Tohn  Ilircus,  all  seamen  belonj'ing  to  the  crew  of  the  steam-vessel  Sia 
Kinji,  is  as  follows: 

"  The  Laurel  sailed  from  Liverpool  bound  to  Nassau  with  24  supposed  ofllicers  and  17 
seamen,  besides  her  own  crew,  4')  to  (i't  shells,  about  live  tons  of  jiunpow<ler,  and 
various  other  innuitions  of  war;  sin?  prttceeded  to  Madeira,  where  she  took  aliout  '.W 
tons  of  coal.  ThcSea  Kinj;  sailed  from  London  on  the  7th  instant,  and  also  pioceedid 
to  the  ofhiifj  of  Fuuchal  Roads.  Both  vessels  then  steamed  to  a  place  off  the  Desertas, 
wliere  the  sea  was  .smooth,  and  the  ofliccrs  and  men,  arms,  and  munitions  of  war  were 
transsliipiM'd  from  tlie  Laurel  to  the  8ea  Kiu"-  on  the  t20tli  instant.  The  cases  of  arms 
were  at  (nice  opened  and  the  .seamen  armed  themselves  w  ith  cutlasses  and  revolvers. 
One  of  the  oflicers  then  took  command  of  the  vessel  in  the  name  of  thegovermuciit  of 
the  so-called  Confederate  States  of  America.  Some  of  the  cnnv  of  the  Laurel  joined  the 
Sea  Kiufj;;  tho  remainder  of  her  intended  crew  are  to  lie  sent  out  from  Eni>laiid." 

The  42  seamen  noAV  here,  in  charj;e  of  the  foinier  musttr  of  the  Sea  King,  awaitjnpa 
passa<^(>  to  England,  refused  to  join  the  confederate  vessel,  though  as  much  as  £17  per 
man  w  as  ottered  to  them  as  bounty. 

» Appendix,  vol.  i,  p.  477. 


CASK    OF   (JHKAT    HUITAIN. 


111  I'Otisi'uni'ncc  of  hiiviii;;  1> me  itwiirt'  tliiit  ii  scrioiiM  oll'i'iisc  iiKaiiist^    l!iiti-.li  liw 

liii>  lici'ii  fomiiiiltfd  (111  '«'tai(l  a  liiiiisli  slii]),  I  linvc  tlioiijilif  it  my 'lufy  t'>  tiiki- tlii' 
ili'iKisitioiis,  iipmi  »t;iili,  of  I'oiir  dl'  ilic  sf.niii'ii  of  tin- Si-a  Kiiiif,  wliii-li  I  lia\  t- tin' limi  tr 
t(i  tipiwanl  to  till'  15  lanl  of  Tiiiilt',  a<'C(ii<rnij;-  to  iiistnictions. 

Tlii'sc  ill-positions,  in  my  opinion,  rnntain  rvi<lrnri'  snl'lii'ii'nl  to  snlistantiati'  a  i-Iiai';;o 
jv'iiiiist  tin)  mastiT,  1*.  S.  C'oilii-tt,  of  an  inlVin;;^rmi'nt  of  llic  fon'i^jfii-cnlisinh'nr  aif ; 
lllirrrri'ir.  pnisiiant  to  jiaraijiapli  1"J7  of  tli"  CuiKnlar  InstrMi'tions.  ilccm  il  pnipiT  tn 
,c;i(l  till- olfiMiilcr  iu  safr  cnstoily  to  I'.n^^lanil,  in  onliT  that  co^rni/anco  of  tin'  nlfi'iisn 

limy  111'  takrii, 

luiii  HMliitii'il  that  thr  ['2  scami'n  now  Iuti'  arc  alioiit  to  pinn'ril   to  Kii;flaiifl  liy  tim 
Wr.st  CiPiist  of  Afrii-'a  mail-.sli.'iiiui'r,  \vhii;h  li-avcs  this  port  for  i;ii;;l;inil  o!i  this  day. 
1  have,  &(;., 
(.Sij-iu'il)  llENIJY  ('.  (JLATTAN. 

riiclosivl  in  tlio  altoNc  rcjjort  woit  <]('i)()siti<)ii><  on  oiUli  iniuU'  by 

;i;)7|    scvt'iiil  sciiiMon,  of  *\vli()in  two  bclonjjcd  to  tlio  IJo.viil  N;iviil    Kc- 

scrve,  iuid  nil  liiul  retnscd  to  take  service  on  Itoar*!  of  llic  Sea 

Kiiiin"  when  she  was  deelareil  to  be  a  eonfedeiat;'  slii[)  of  war;  and  also 

il  stiiteinent  sijjiied  by  the  intister  of  the  8eJi  Kiny. 

These  depositions  were  as  follows:' 


DcponUioii  of  John   EUisoii,  11.  X.  V.,  l-olifi. 

I  sijiiii'd  as  gnartcriiiasti'i-  in  the  Si'a  Kin;? on  or  about  this  Hthof  OetobiT,  H  il ;  pio- 
cccili'il  to  si'a ;  aftiT  si'vmal  ilays  wucamo  oil'  Maiicira  ;  on  tin'  sann-  iiij;hr  a  sli-ainiT 
Hi'iit  into  the  port  of  Maili'ira:  on  the,  following;  mornin^j;  tin-  Si-a  I'Ciii^j;'  wi'iit  into  tlm 
)iiy.  mill  si<;;iializi'il  to  the  sti'imuTs  that  witi;  lyin^j;  tlii'ii-,  and  aftiT  two  hours  tin; 
Liini'l  cainc  out  to  .si-a,  anil  si^nalizril  to  tin-  !^i'a  Kin;:;,  anil  was  iinswi^rcd  l»y  hoisting 
NO.  Ii  pi'iidant,  which  I  hoisted  mysi'lf.  1  was  ordi-rcd  Ity  oiii'  of  tln^  passcni^i-rs  to 
lidist  this  pi-nilant ;  tlw  captain  was  mi  tin-  ]Mni|i  at  tin-  tiini',  and,  tMrnin<i;  round,  said 
til  inc  tlii'si'  words,"' Who  ordrri'd  that  pmidant  to  Ik;  Iioistcil  .'  llanl  it  down  immi'di- 
atcly ;"  whicli  I  did.  After  this  llaii'  was  lianli'd  down — i.hont  thn'i'-ijuarti'rsof  an  liunr 
al'tiTward — thr  ].,anri'l  anrliori'd  olf  what  1  liolii've  to  We  tin- Jd-scrtas;  tlii' Si-a  Kin^ 
iiiiciiniiiil  within  ahotit  l!()  yards  of  her.  The  eajitaiii  of  the  fiaiirel  was  on  the  fore- 
castle; our  cajitaiii  said,  "I  will  eoine  alonnside  of  you  direetly, '  and  he  did  so.  In  the 
mean  time  the  men  were  erecting  tackles,  rijf;;inif  purchases  to  the  port  main  yard-arin, 
anil  |)ivveiiter  lifts  and  rolling;  tackle  rcidy.  After  this,  commenced  to  take  in  Imii^o 
iniivy  I  uses  from  the  Laurel,  I  think  four  or  live,  by  means  of  other  purchases.  Small 
lii.M's  ami  casks  of  powder  were,  taken  in  forward;  all  li^ihts  ordered  to  lie  pnt  out. 
Tlii'Si>,  oiiler.s  were  y;iv(!n  by  some  of  tlie  passeii^^ers  of  the,  Laurel,  who  had  embarked 
on  liiiiuil  the  Sea  Kini^,  and  not  by  our  c  iptain.  One  of  these  passeiijjers  told  iis  tli.it 
lie  was  the  eaptuiii,  and  had  charge  of  the  ship,  and  ordered  our  captain  to  hoist  I  he 
('oiil'eiii'rate  Hag,  which  was  done.  Shortly  after,  our  caiitain  gave  orders  for  all  hands 
til  lay  id't ;  when  the  men  were  .-it't,  our  captain  came  out  of  the  saloon  with  onr  articles 
ill  his  hand,  and  said,  "  Well,  men,  I  have  sold  the  slii[i.''  Imim^diately,  the  cajitain  tiiat 
liail  cliarjie  came  out  alon^^sideof  him.  Captain  (Jorbett  saiil  to  us,  '''riiis  gentleman  is 
iirt'eiiiiii  £4  for  able  seamen.''  I  was  standing  close  to  the  cai)tain  at  tlu;  time,  iind  I 
saiil  to  him,  "  I  agreed  with  you  in  Jiondoii  to  go  to  Hombay,  which  I  have  my  naval 
ceitilicate  to  provi 


I  told  him,  "  Von  have  broken  your  agreement ;  why  are  we  not 
iniieeciliiig  to  Hoinbay  '."  lie  said,  "  Well,  meit,  I  cannot  help  it ;"  and,  buttoning  \\\\  hi.i 
emit,  ill' said,  "  Follow  me,  (and  ran  to  the  gangway :)  I  am  otf."  Isaid,  "  Let  him  go;  this 
istiic  slii|)  we  have  earned  onr  money  in,  and  c.iight  to  have  it  out  of."  After  lie  had 
;'iiiie,  one  of  the  passengers  .said  to  me,  "  Why  cannot    yon  go  in  this  ship  .'  It  is  good 


iiimiey,"  I  said  "  I  had  never  earned  a  shilling  in  Am 


nv  life,  and  therefore  1  did 


iiiit 
It." 


wish  to  tight  for  it ;  that  Fnglaiid  was  my  country,  and  1  was  not  ashamed  to  owi 


Ik 


said,"  Why  ?"     I  said,  '•  Y'oii  do  not   know  where  I  lielong  to  ;  do  yon  see  this 


'Ml  my  cap/''     I  hud  the  naval  reserve  cap  on  at  tiie  tim 


If  1  were  to  desert  from 


Ills  yon  cimld  not  jdace  any  coiindeucc  in  me;  yon  may  try,  but  it  is  of  no  use,  I  have 
;iit  the  wrong  heart  in  iiie  for  this,  so  you  have  no  need  to  try  me  any  more.''     1  said 

lU- 


'ii  Captain  Corbett, '"  I  stop  in  the  shi|)   till  I  get  my  money  down  on  the  capst 
lii'iiil.'    lie  said,  "  Men,  I  have  no  money  to  ]»ay  you."    I  saiil,  "  You  have  sold  the 
"^liiji;  what  have  you  done  with  the  money  f     He  said,  "  I  have  no  iiiouey  to  pay 
ymi  here;"    he  said  I  talked    too    much.      I    said,    "I  will    ,seo  vou  when  I  get  to 


f'lijjlaiiil.  The  other  royal  naval  volunteer  on  'yoard  the  Sea  King  told  me  that 
(iil.taiii  Corbett  hjid  offered  him  between  £1.")  and  £-Jft  bounty,  and  about  £10  per 
"iiiiitli,  as  near  as  I  can  recollect:  he  refused  this,  and  in  about  half  au  hour  all  the  iueii 


'  Appeudix,  vol.  i,  p.  476. 


37G 


TRKATY    OF    WA«TII\(iTo\. 


Hi-,,;* 


I!,'.  ,".lf 


wi'iit,  witlidiit  liciiiK  pni'l)  oil  boiird  tlio  Lniiirl.  Tlic  T.niiifl  went  (o  iccdmioitrr  n 
Nlii|)  wliicli  hove  ill  si}>lit.  iiikI  cjiiik-  IiiicU  ami  sijuMiiili/.cil  tliat  xlir  was  ii  llai.|lM,i' 
Vcs.sfl.  'I'lic  I,aiMrl  laiil  olV  almiit  a'l  lioiir  iiihI  ii  lialf.  H\\  inn  •"  pi'iHiiaili'  lis  to  jciin  n," 
Si'a  Kiti;i,  ('a|ilaiii  ('mlictl  doiii;;  lii.s  iillrriiiosi  to  this  cml.  NVIini  lie  riiiiiiii  ii  imn-r 
lliry  lidistfd  llic  lioats  anil  ]iriiccr(lt'il  tn  'rnn  ritlr,  wlicii'  we  anivfd  on  •JOtli.  at  iii"|;t. 
mil!  Weil'  iDit  alliiuril  tii  lanil  until  tin'  'J'id.  Wlini  tlir  sti-ain  was  ii|i,  icaily  tDiliiiMii 
tlir  cliiil'  iililiccr  raiiir  li>r\\ai(l  t(»  tlir  iiirii  of  tlir  Sco  Kin;;  anil  Miiii,  '•  If  aiiylioilv  :i«L-! 
yon  w  licir  yon  cainc  iVoiii,  May  yon  imi  rastaway  sraini'ii,  ami  Irll  tlir  ronsnl  tlir  snmi, 
if  r('i|iiinil." 

(SiK'"''l)  JOHN  KLLISON, 

This  il('|io.sition  wan  iiiaili'  lnt'orc  iiir,  ami  read  ovir  to  tl\r  di'iioni'iit. 

(Sinind)  IIKNUV  C.  CiUATTAX,  C,m,il 

TKMMtii  IK,  <)vlvh(r2[\  IMCi. 

Jk'posilioii  rif  , f villi  .11  In,,  It.  y.  1..  '.'.'(». 


I  slii|iiiril  in  till'  Si-a  Kiiij^  Cor  a  vnya;.!'  to  liutnliay  and  C'liina;  voyaj^t'  not  to  rxcidl 
twoyt'jii.s  Al'lir  \vi'  <;ot  ilcar  of  llir  Cliannrl  wr  stopiu  d  tlir  steam  ami  iniici'iilnl 
iinilfr  donlilc-rrcl'cd  topsails,  dodninu;  almi;;  fur  almnt  tliiri'  da\s,  as  far  as  I  icciil- 
1(  rt,  lodiiiii;;  lor  siimrtliiii;;.     AX'rtlicn   iiiadi' sail  andiimiril  on  until  wr  rami' to  tjn' 

island  of  Madrira,  ran   in  past    it  at   ni^lit.  tlun  ronndid  tlir  vi'ssid    to,  and  st 1  mw 

avain  till  I  tlir  iifxt  inornin;;-;  tlirii  ^ot  sliain  up  and  stood  in  for  tin-  liailior  ii;;!,iii, 
A\'lifn  we  oot  alticast  of  tlic  liailior  wi-  lioistcd  onr  nninbi'r,  w  liich  was  answered  liv 
tlic  Laiiri'i  stcair.lioat  lyin^'  at  anrlior.  Directly  alteri'd  tlie  ship's  head  oiitwanl,  iinil 
Ktoinl  away  from  the  harlioi'.  'I'lieii  we  were  followed  hy  the  Lanrel  steamer,  wliich 
};(it  under  way  directly  we  siennli/ed  her;  then  we  laxeil  onr  steam  nntil  she  I'linu' 
up  tons;  sliiMlien  si;;nali/.ed  In  ns  when  she  was  j;oin^,  Ininiediatcly  we  set  full 
titeani  on  and  made  all  sail.  W'v  ran  lor  aliont  two  iionis  and  a  half,  when  thi'  steiniiiv 
rounded  an  island,  and  we  lollowed  her,  taUiner  in  :,11  sail;  and  <;oiii;j  iiji  iimler  e;i.>y 
steam,  hronyht  the  .ship  to  rii  anchor  in  i7  fathoms.  A  lioat  from  the  little  stejnnci 
came  alon<;side  ot'  ns,  uith  tin:  c.'i]ilaii>   in  her,  and  told  onr  captain  that  he  woiiiil  lie 

alonesidi)  of  him  in  a  few  minutes.  'I'lieii  we  cmnmeiiced  to  secure  lair  iiiiiin- 
[i:WJ       yarii  and  e<'t  a  (lendant  from  the  mast-heail,  and  •i>\  the  tackle  hookcil  •mini! 

ready  for  taking'  some  heavy  weight  on  hoard.  Then  the  Lannl  came  iilmi^- 
HJdo  us,  and  wc  coiiimeiiced  slin^nin;;  tlie  cases  until  ahont  l*  o'clock,  likewise  cases  nt 
]iowdcr,  w  hicii  was  earricd  to  the  after  cahin  and  stowed  away;  likewise  lar^e  cum  ^ 
of  shell  and  shot ;  alsi)  cases  of  rilles,  and  a  ^reat  many  cases  of  dolliine-.  Alioiit  '.> 
o'clock  wc  went  to  onr  siipjicrs.  Went  to  work  a<;aiii  alunt  half  past  1>,  and  coiitiniiiil 
woikiii;H'  till  ahont  ii  in  the  mornino'  taking-  in  ke<is  of  jiowder;  all  li^ihts  nnleml 
to  lie  ])nt  out.  They  j;ave  ns  a  ;;lass  of  ;;ro^'  and  let  us  ;;o  to  hcd  aliont  'J  o'clock  next 
morning.  We  were  not  asked  to  turn  to  wor!<,  Al't<r  hreakfast  tin;  hands  were  nil  Id 
(MMiie  atr.  When  we  were  all  mustered  aft,  (.'ajitain  I  orliett  waited  fortlie  person  wIki 
proved  to  he  the  captain,  and  took  charge  of  the  shiii.  Then  he  addri^ssed  ns  in  ilih 
manner:  "Men,  I  liavi;  .sold  theshi|);  you  who  like  to  stop  in  her,  yon  will^etvuv 
jHood  wa<;es,  and  I  will  ;;;ivi(  you  two  mouths'  pay."  The  men  ret'nsed  to  do  so.  Tin' 
new  captain  spoke  to  tin;  men  and  tidd  them  he  would  eive  them  two  months"  ail viiikt, 
£7  iier  month,  and  .i,"l(t  hoiinty  if  any  of  them  wiiuld  join  him.  The  third  cii^^imii 
and  two  or  thi'ee  of  the  tiremen  Joined  him.  The  new  captain  came  to  me  w  Idle  J  ^va^ 
on  the  jioop,  it  belli;;'  my  watch,  and  tried  all  he  conlil  to  persuade  ine  to  ;;o  w  itli  liiiii: 
ort'ered  nu^  £14  a  inontli  to  jl-o  as  ;;nnner's  male,  w  hich  1  told  him  plainly  I  dare  net 
do,  as  I  belon;;cd  to  the  Kn^lish  navy  already,  and  1  dii'e  not  go  into  any  other.  Wlirii 
they  found  they  could  not  per.suade  me,tl.ey  went  to  Cajdain  Coibett  to  try  if  l:i 
could  not  advise  mi-  to  do  so.  Ah  I  came  oft'  the  poop,  iis  all  hands  were  stamlin;; 
round  the  cabin-door  to  see  the  cajitain,  tiie  caiitain,  Caiitaiii  Corbett,  came  oat  of  tin- 
cabin  and  called  me  in.  ami  told  me  I  was  very  foolish  to  lo.se  such  a  good  chance  I 
told  him  1  wimid  not  go  for  double  tlie  amount,  ile  said  when  he  went  home  lieweiiM 
]iot  rciioit  me,  nor  let  it  be  known  where  1  was,  if  I  would  go,  and  I  thanked  liiiii,:iiiil 
told  him  I  would  go  home  and  report  myself,  and  walked  out  of  the  cahin.  Tin'  ijip- 
taiii  came  on  deck  and  the  men  asked  liim  to  givi'  them  three  montlis'  wages  hifmi' 
they  would  leave  the  ship,  which  he  rei'nscd  to  do.  He  said,  there  is  the  stc.iiiilKnit, 
iiiui  you  can  come  along  w  ith  me.  He  told  us  he  would  take  us  to  England  ami  ili>- 
eliarge  us,  and  if  the  law  would  allow  us  anything,  he  would  give  it  to  ns.  i^ecinj;  it 
Avas  HO  us('  hanging  on  any  longer,  we  put  oui'  things  on  board  tlie  steamboat  and  wiiiteil 
for  the  caiitain ;  as  soon  as  he  came  on  board  tin?  steamer  shoved  olt, got  her  steam  nii. 
and  at  this  time  a  sail  liovo  in  sight,  and  the  captain  lowered  iiis  boat  and  went  mi 
board  the  St^a  King.  Again  pulled  back  as  (luick  as  he  could,  and  put  to  sea,  till  In' 
made  out  what  the  vessel  was,  and  thou  stood  back  for  the  Sea  King  again  tolctlin' 
know  it  w  as  all  right.  AVo  liovere<l  ott'  and  <m  till  about  5  or  (5  in  the  evening,  us  tlic 
captjiiu  could  not  get  any  of  ua  to  join.     Some  of  the  little  steamer's  hands  went. 


CASE    OF    (iUr.AT    IJKITAIN. 


377 


Xiiiiii' ;  ;'wii.v  mill   iiinilo  onr  luiMsani'  tnwards 'l'i'in<iilVi>.     On  iiriiviii;^  rliiTo  worti  not 
;,llii\\((|  |(>  liiiiil  until  the  l.aiiicl  \\iis  rraily  lor  sea  witli  lii'i'  .stiaiii  iii>. 
'I'lii'  aliovc  lias  lici'ii  icail  user  to  iii«',  anil  is  ciMirct  ami  iriii', 

(Siiiii.il)  .lOlIX  +  ALLi:\. 

iiiai'k. 


Thin  ili'i)riHifiitn  was  malt.'  lu'loro  nn-. 

(Si-lM'(l) 

TKNKiiiii  K,  (Mohtr 'i<J,  IHIL 


IIKNK'V  ('.  (IIJAT'l'AN,  Consul. 


JieponitioH  of  Thomdn  KvcriiU,     '  * 

I  si;;iii'il  iis  oriliiiary  sraiiian  in  (lir  Sra  Kin;;,  on  or  almnt  fiu'  >lli  of  rjctoln-r ;  saili'il 
iVdMi  l.oiiiliin,  sii|)|i(),si'  to  lir  ;;ttin;4'  ""  "  \oya;;('  lo  I'oniltay,  iVc.  voyii;;i'  not  to  rxcrnl 
two  vcai's.  When  flif  \csscl  li'I'l  llii'ir  wiTr  two  iutnoiis  on  lioanl  not.  hclon^fini^'  to 
liic  cit'W  :  dill' of  tlii'sc  jirrsonH  went  aslioif  iit  I'rai,  llu'otlii'V  proccrdril  on  llir  soyai;!' 

ithiis.    Alioiit   'I'll  ilays  allri'  li'iiviiiy,-  London  wr  Iiom'  to  licl'ori' t lir  island  ol  M.i- 


ih'irti.  a 


ihi' 


11  cl-  1 


Km;: 


iavin;r  ItfiMi  ilod;;in;;'  alioiit  all  ni^ilit.  Vs'v  si;;nali'it  to  soiiii'  vi'HmcI  inside 
liai'lHir,  and  soon  al'tiT  a  stranit'i'  uaiiii'  out ;  avd  arioiniianiid  lirr  to  i.n  island 
lilt  i'O  mill's  rriiiii  Madiira.  As  soon  as  wi-  Iiad  let  h;ii  oiii'  aiii'lior  llio  otlwr  vessel 
111' uliiii^side  of  lis,  and  we  lie^iaii  to  tuinssliip  j^iiiis  and  aminiinition  into  tlie  Se.'k 
We  winked  till  late,  and  when  we  had  dune  the  mate  eaiiie  into  the  forecastle 


mill  iidd  lis  that  the  Sea  \\\\\\t  wu'*  sold  to  the  conrederate  )io>einment  lor  a  jirivafeer, 
:iiiil  it' We  liUeil  to. join  we  siioiild  ^^et   Cl  K'-i.  ii  imnitli,  t'   •    iionths' wa;;es  from  the  Sen 


in;;,  two  months'  advaiii'e  fioiii   the  Shenandoah,  (the  n 


;iven  to  the  Sea  Kiniu,) 


mill  cm  hiniiity.     The  next  moinin;;,after  we  had  linished  Ih.'  tiansshiimieiif,  (.'apfaii 
(iiihett  called   the  hands  aft  and  coriohorated    the   niat<  "s  ,sIlltenlcll^  further  sayin;^ 


llllt  1 1    w 


e  did    not   like   to  join    he   would    ;;ive    us    .  m>  nioiith.s' 


Mil 


>av  oiir 


imsMi;;!'  to  i;ii;ilaiiil.  We  would  not  a;;rce  to  this,  so  said  we  miisf  ;io  in  the  steamer 
;iliiii;;>iilc,  and  we  said  wis  would  settle  it  when  we  "ot  to  ICi'^land.  Tiie  new  captain 
iif  till' ''"'  ^  n;r  then  oifered  ns  £(>  per  nionth  and  jjl.")  lioniitv  ;  then  afterward  raised 
liis  otl'eis  to  .C7  per  month  and  jCKi  l.omity,  hut    only  tv  ,■  lads  joined.     \Vc  then  took 


iir  rlotlis  on   hoard  the   Laurel,  and   we  left  the  Shemimloah   in  the  i.'veiiiiu 


sht 


iiiiistcil  the  lonfcderate  lla;f.  Tile  passcn;;er  who  went  out  with  us  was  the  first 
liiutiiiiiiit.  Wv  ariixcd  at  Teiieritl'e  next  Tliiiivday,  ami  landrd  the  Saturila\-  lollow- 
iii;;,  aiul  lia\e  since  hccu  living  at  the  captain's  expcii.se,  waiting  for  the  mail-boat  to 
take  us  lioiiie. 


The  ahove  has  beou  renil  over  to  me,  and  is  correct  and  true, 


(Signed) 

This  deposition  was  tiindo  belbrc  me. 

(Singed) 
Ti;xi;i:iri-i:,  Ovtuher  -^'J,  1804. 


THOMAS  EVER ALL. 


HEXUV  C.  GRATTAN,  Coimd, 


hands  went. 


DepoHitmi  of  George  Kolly. 

The  8ea  Kingsailed  from  London  on  the  iibove  voyugo  ;  as  soon  ."is  shr-  got  clear  of  tho 
Cliimiiel  the  steam  was  taken  otf,  and  some  of  the  sails  jnit  hei'  under  easy  canvas.  We 
sail'.  "  There  is  something  strange,  or  the  cai)tain  would  lie  more  anxious  to  proceed 
iMi  liis  voyage."  Y>'e  had  one  passenger  on  board  who  was  afterward  said  to  be  tin- 
liist  lii'Utenant.     The  sail-maker  was  making  a  few  hammocks  for  some  of  the   men 

forward,  and  this  passenger  give  lii.m  ordciS  to  make  twelve  ;  from  this  wo 
[loO]    supposed  *this  ])erson  was  not  a   passeugei'.     On  Monday  night  or  .'ifternoon 

cauie  off  Madeira  and  dodged  olf  and  on  until  Tuesday  morning,  then  the  can- 
tain  gave  orders  to  the  engineer  to  jmt  on  full  steam  till  he  got  outside  the  town.  He 
lioistuil  signals  ;  they  were  answered  by  a  .steamboat  that  was  lying  in-shore  ;  then  we 
kept  iilV  again  for  a  coupli!  of  hours.  The  steamer  which  signuli/cd  us  came  out,  and 
liiitli  steamers  luiisted  signals.  We  made  all  steam  and  sail  toward  the  lee  of  an 
i^iaiiil ;  we  anchored  there,  and  the  other  steamer  came  alongside  of  us.  The  boat- 
swain ordered  us  to  secure  the  uiainyard  with  a  topsail  sheet,  and  to  put  tackli's  for 
taking  in  three  tons  weight.  We  took  in  some  heavy  cases,  and  also  four  cases  of  shot 
mill  shell,  which  we  knew  to  be  such,  as  some  tumbled  about  the  decks.  There  were 
some  gun-carriages  in  cases  and  some  w  itiiout  ;  the  cases  containing  the  gun-carriages 
Were  jiartly  open.  Several  bales  of  clothing  and  beds  were  transshipped.  The  captaiu 
caiiie  to  us,  and  told  us  he  had  sold  the  ship  ;  that  tlit  "a])tniii  wlio  now  had  the  .ship 
wnnlilgive  us  £4  10«.  a  month,  aud  £10  bounty,  and  he  himself  would  give  us  two 
iiiimtlis'  wages  if  we  wtudd  join  the  ship.  He  then  raised  his  terms  to  £(>  and  £7, 
£1()  bounty.  We  refused  to  go  in  lier.  One  engineer,  a  boy,  and  an  (U'dinary  seaman 
stopped,  I  believe.  The  captain  told  us  to  go  on  board  the  Laurel;  that  he  would  pay 
our  passage  lioiuo.    Wo  weut  ou  board.    We  received  no  wages.    We  dodgtMl  off  and 


5   ■ 


n 


378 


TREATY    OF    WASHINGTON. 


i^'ii 


HENRY  C.  GRATTAN,  Comul. 


on.    TIio  ooiiCt'ili'iate  llii<»  was  hoisted  after  wo  left  tbe  ship.    Wo  then  came  .lown  to 
Toncrille. 
The  ubove  has  been  i'(ia<l  over  to  nie,  and  is  correct  and  true. 

(SigntHl)  GEORGE  -f  KELLY. 

niiirk. 
TIlis  deitosilidn  was  made  before  mo. 

(Si-cned)  HENRY  C.  GRATTAN,  VonHid. 

The  master's  statc-ineiit  was  as  follows:^ 

SlaUmeiit  of  the  cirniiiintiinci'8  iiiidrr  which  the  f'ritish    rcuficl  Sea   Khuj,  official  A'o.  4S.j47. 
({/■  Litiulun,  han  been  nohl  bij  Mr,  1'.  S.  Corhett,  the  nuiHicr  thereof. 

The  above  vt-pscl  hilt  London  on  the  IDth  of  October,  1804,  bound  to  I'foinbay,  calling' 
at  i»ort  or  (lorts  on  tlie  ]iassa,u;e.  The  carjio  consisted  of  coals  and  provisions  fur  tlic 
voyajLTt".  Tlu'r."  were  no  mniiitions  of  war  whatctver  on  board.  I  lu-ld  a  eerliliiMtc  dI' 
sale  from  the  owner.  On  the  l'.)th  of  October  T  sold  Thti  said  ship,  receivinif  tlic 
amount  ajfreeil  upon  as  jier  bill  of  sale.  I  am  not  aware  that  by  the  said  sale  I  in  auv 
way  infriuf^cd  the  foreign-oidistment  Mit, 

{^\'^wi\)  P.  S.  COUBETT. 

This  statement  was  made  before  mo. 

(Signed) 
Tkxi:i!1IIi:,  October  29,  l^M. 

Tlie  la\v-«>lVu!ei"s  of  the  Crown  were  forthwith  requested  to  advise  tlie 
p)veniineiit  as  to  the  course  which  should  be  taken  in  relation  to  the 
iiU'ts  stated  in  the  above  report. 

On  the  14th  November,  1804,  the  law-oflicers  reported  their  opinion 
as  follows :  - 

The  law-officers  of  the  Crown  to  Earl  liussell. 

LiNCoi.x's  Inx,  Xorember  14,  18G4. 

^Iv  Lonn  :  We  are  honored  with  your  lordshii)'s  commands  si<;iiitied  in  Mr.  Layiud's 
letter  of  the  \'2tU  instant,  statinjf  that  he  \v;is  directed  l)y  your  lordsiiip  to  transmit  to 
us  a  c(>i»y  of  a  dispatch  received  on  the  I'ith  instant  from  II<'r  Majesty's  eonsiil  at 
TenerilVe.  rcportiufj;  tlie  circumstani-es  under  wliicli  a  numi»er  of  men  h;id  been  laiidoti 
at  that  pint  fnim  tlie  IJritish  steamer  l^aurel.  and  the  part  taken  by  tliat  vessel  in  tlie 
o(|nipnu'nt  at  sea  of  the  IJritish  steamer  8ea  Kliij;  as  ;i  V(>ssel  of  war  for  the  sfovcni- 
inent  of  the  so-called  Confederate  States.  'J'hat  Mr.  Consul  Grattan  states  that  he  had 
taken  the  depositions  on  oath  of  four  of  the  seamen  of  the  Sea  Kinj>;,  who  were  landed 
fniiii  the  Laurel,  and  that  ho  had  deemed  it  jirojter  to  send  Captain  Corhett  to 
llii-il.iiid  in  safe  custody  to  answer  a  charge  of  having  infringed  the  ibreign-enlist- 
iiu-nt  act. 

That  your  lordship  had  ascertained  that  the  depositions  had  not  yet  reached  the 
]?eard  of  Traile,  and  that  your  lordship  was  unable,  therelbre,  at  i)resent,  to  submit 
tli<-m  fur  our  eoiisideration  ;  and  ilr.  Layard  was  directed,  howev(U",  to  semi  us  at  oiiee 
the  coiisnTs  dispatch,  as  well  as  a  copy  of  a  telegram  received  at  tin;  li  )ard  of  Trade, 
announcing  the  ari'ival  of  twenty-two  of  the  men  at  fjiverpool,  and  to  request  that  we 
would  take  these  papers  into  consideration,  and  furnish  your  lordship  with  our  advice 
as  to  the  course  wlii(di  should  be  jidopted  by  Iler  Majesty's  government  in  this  matter. 

We  arc  also  honored  with  Mr.  Layard's  letter  of  tliis  day's  date,  forwarding  the  de- 
positions in  the  case  of  the  Sea  King. 

In  obeilieiice  to  your  lordship's  commands  wo  have  taken  these  papers  into  consid- 
eration, ami  have  the  honor  to  reixu't — 

That  we  think  the  deposit  ions  taken  at  Teueritfe,  and  forwarded  to  Her  Majesty's 
government  by  Mr.  Cmisnl  Grattan,  do  not  sui»i)ort  the  conclusion  arrived  at  by  tlio 
c(msn!,  that  C.iptain  Corhett  (wlimn  we  understand  to  have  be(Mi  in  command  of  the 
Sea  King  until  she  was  haudetl  over  to  certain  agents  of  the  Confederate  States  ell 
Desertas)  is  chaigeable  with  any  olt'ense  against  the  l'oreign-enlistni(!ut  act.  To  con- 
stitute a,n  oll'euse  under  the  seventh  (the  ei[uipment)  clause  of  that  act,  there  nnist 
have  been  an  (Mpiipment,  &e,,  with  a  view  to  employnuuit  in  the  belligerent 
[140]  service  of  a  foreign  *  jiower,  within  some  part  of  the  l.'nited  Kingdom,  or  ol 
Hir  ^lajesty's  dominions  beyond  tlm  seas.  In  like  manner,  to  constitiih^  an 
otleiise  (by  a  person  not  him.self  eidisting,  &c.)  under  the  8<!cond  section  such  person 
must  have  been  cimcerned  within  the  United  Kingdom,  or  in  some  part  of  Her  JIii- 
jesty' .  dominions  elsewhere,  in  inducing  or  jiro-uring  others  to  enlist.  »fce.,  or  to  go,  of 
to  agree  to  go,  or  embark  for  some  part  of  Her  Majesty's  dominions  for  the  purpose  or 

'Appendix,  vol.  1,  p.  4«1. 
nbid,  p.  4d:J. 


CASE    OF   GREAT    BRITAIX. 


379 


ime  <lo\vn  to 


widi  intent  to  ha  eiili.itod,  »fcc.;  .and  to  coustitiitc  an  oftVnsa  nniliT  tho  sixth  sfction, 
till!  timstcr  or  otluT  i»iM'.si>n  in  cDniriiand  of  ii  .ship  or  vosstrl  in  sonic  jiart  of  the  l"nit<'«l 
Kiii"'iioiii,  or  of  lU'.v  Miijcsty's  doniinions  bL'yond  tlu;  msvi,  must  l<n  i\v;r,;:ly  iuul  will- 
inulv  liave  taUiMi,  or  »'n^ii,i;t'<l  to  tiilvc,  on  Itoard  jM-rsons  wlm  liail  <nli>tfil.  or  had 
ii'Tird,  A.C.,  to  enlist,  «fc('.,  or  who  were  dojiarting  from  Her  Majesty's  doniiiiioiis  for 
tfic  innimsi!  and  with  the  hiten'^  of  enlisting;,  &c. 

hi  every  one  of  tliesc  eases  the  ci  iniiiial  ael  mnst  have  heen  foniniittert  ivitbiii  some 
iiiiit  of  "  Il<'r  Majesty's  dominions, ''  a  word  wliieli,  as  liere  nsed.  does  nor.  in  f)nr  ojiin- 
idii,  iiichuh'  a  Jiiitish  ship  on  llie  I'ijuh  seas.  Unt  all  tiie  tacts  mentioned  in  th«se  «h- 
laisitions  appear  to  have  fallen  phiee  npon  the  lii;;li  seas,  heyond  the  limits  of  Her  Ma- 
ji.-ty's  territory.  It  is,  indeed,  not  ini)pioliahl(;  that  in  tlie  preparation  of  the  Sea  Kinjj 
I'm  licr  voyajje  (if  she  went  to  sea  nnder  ('a]itain  C'orhett's  eommand  from  any  jmrt  in 
tliis  countiy)  an  offense  a<<:ainst  the  seveiitli  section  of  tlie  act  may  liave  h«-en  ccmimif- 
icl.  It  is  also  jiossihle  that  the  oHicers  and  men,  or  some  of  ti;eii'.  may  have  het  i» 
l.iicd  and  taken  on  hoard  in  this  country  Avith  a  view  to  <'mp!oyment  in  lb.-  eonfeder- 
iitc  service,  so  as  to  const  itnte  offenses  ajjainst  the  second  and  sixth  .-ection.-.  or  one  <<f 
till  III.  Hnt  there  is  no  evidence  to  sn]iiiort  either  of  these  com-lnsioiis  in  the  deposi- 
tiiiiis  taken  at  Teiierittc  by  Consnl  (trattaii. 

Ail,  tlieiefore,  that  wc  can  now  advise  yonr  lordship  to  do  is  to  direct  tlijit  th<'  twen- 
ty-two men,  or  some  of  them,  who  have  jnst  landed  at  Liverjiool.  he  imme<Iiately  ex- 
iiiiiiiiiMl  hy  the  solicitor  to  tlie  treasiwy,  or  some  jierson  deimted  hy  him.  and  their  ev- 
iilciiif  rcpoited  to  ns;  and  that  tiie  solicitor  he  «lirected  to  obtain  such  other  infornia- 
timi  as  may  be  accessible  in  this  coniitiy  with  respect  to  the  iirevioiis  history  of  the 
Sra  Kiiiji',  the  nature,  and  eircumstances  of  her  e(|nipnU!nt,  the  en;;a};eii!ents  of  her 
ni'W,  and  the  persons  eoiicerned  therein,  if  there  sliouhl  be  reason  to  lielieve  tliat  she 
siiik'il  (nun  this  country  with  the  view  (;f  being  emidoyed  as  a  ship  of  var  in  the  cou- 
Iwk'nite  service. 

We  have,  &c.,  ROrXDELL  I'ALMER. 

(Signed)  R.  P.  COLLIKR. 

ROBERT  PHILLIMORE. 

The  lords  coinmissionors  of  the  troiisury  were  reqiieste<l  to  .irive  iiu- 
iii((liate  (lireetions  to  their  solicitor,  in  coiitbrniity  with  tiie  coiiclndiuj^ 
liiiriijiTiipli  of  the  law-ofUcers'  report. 

On  the  19th  November,  18(54,  Earl  Ivusscll  received  from  Mr.  Adams 
!i  note,'  submitting  for  Earl  lliissell's  consideration  a  eoi>y  of  a  letter 
irom  Mr.  Dudley  relating  to  the  iSea  King,  together  with  copies  of  two 
(k>l)ositions  made  by  seamen  who  had  shi[»ped  on  board  ()f  that  ve.s.sel 
ill  tlie  port  of  London,  and  who  had  returned  to  England  horn  Teneriife 
in  the  mail  steamer  Calabar. 

These  depositions,  though  containing  some  statements  which  were 
clciiily  erroiu'ous,  eontirmed,  in  general,  the  truth  of  those  .sent  to  the 
foioitiu  otlice  by  Consul  (irattan. 

With  reference  to  the  original  hiring,  one  of  the  deponents,  John 
Ileicns,  dei)osed  as  ibllows  :- 

On  or  about  the  2,")tli  of  8ei»teiiiber  last  past,  I  and  .lohn  Wilson,  a  shi|>'s  carpenter, 
wt'iv  liKikiiig  for  a  ship  in  London,  and  went  on  board  the  st'  amsliip  Sea  King,  lying 
ill  the  V.;\s{  India  dock,  and  s[ioke  to  the  chief  mate.  He  pointed  out  the  captain, 
wliose  name,  we  were  informed,  was  Corbett,  and  we  spoke  to  liini  .-iltoiit  going  on  th« 
■-iiiji.  He  asked  us  if  we  vren^  siiigh)  men,  and  said  he  wanted  all  single  men  if  he 
iiMilil  jivt  tlH'iii.  Ho  told  iiiii  that  the  ship  would  bo  ready  in  ten  days  or  a  fortnight, 
iiiiil  if  1  likcil  to  wait  he  would  give  me  the  chance.  He  a.5ked  the  carpenter  if  h«j 
iiiiililidiiie  to  W(.rk  at  once,  .iid  he  agreed  to  do  so,  and  went  to  work  the  next  morning. 
"11  (11  idiont  the  otli  of  Octcber  I  went  to  the  Sailors'  Home,  and  there  .-igti'd  article.-* 
lis  alile  seaman  at  £2  UU.  a  month  for  a  voyage  to  Hombay.  them  <•  to  .my  port  or 
jii'ilH  in  the  li.dian  Ocean,  or  China  8eas,  .Japan  or  Australian  Colonies.  I'acitic  or  At- 
laiitif  Oceans,  and  back  to  a  jiort  in  the  United  Kingdom,  voyage  not  to  exceed  two 
viais.  1  received  a  note  for  a  .outh's  advance,  whicU  I  got  cashed  at  I.sjibelJa  Cal- 
(li'i's,  No.  ii  Bird  street,  East  London. 

Oil  Friday,  the  7th  of  October,  I  took  my  clothes  ou  board,  when  we  were  told  sbo 
Viw  not  going  until  Saturday  morning,  thc'titb. 

The  other  d  ponent,  who  was  the  Jolui  Wilson  referred  to  iu  llercus'.s 

'  Appendix,  vol,  1,  p.  484. 
« Ibid.,  p.  486. 


f.11li 


m 


s/iV-Ji 


B^^f 


380 


TREATY   OF   WASHINGTON. 


it-'- 


UJ. 


t^ 


"If 


1  •  .V" 

*1-  ■ 


'>c^ 


statement,  deposed  to  a  like  eft'eet  as  to  both  the  terms  and  tlie  luotleot 
hiring. 

Witli  leferenee  to  the  peisuasiinis  used  in  order  to  induce  the  iikm)  to 
enlist  in  the  service  of  the  Confederate  States,  the  said  tJohn  Wilson 
deiK)se<l  as  follows:^ 

Afti'i-  we  liiid  iiiiishcd  takiiiji  in  flic  tliinjis  from  llic  Laurol,  tlio  mate  niiiiic  ami 
callwl  all  liand.s  aft,  ami  said  tin:  caiitain  wanted  to  s(!i'  ns.     We  all  went  and  jfiitlicud 

round  the  caMn-doors.  and  Captain  Corhctt  eann;  out  and  said,  "Well,  luiii 
[141]  I  have   sold    the  ship  to  tin;   confederates;   she  is  to  *belon<ij   to  their  navy. 

to  he  a  cruiser,  to  burn  and  destroy  merchant- vessels  and  whalers  in  i)ariiciilan 
Slu!  is  not  to  lijiht,  hut  merely  to  take  prizes,  and  there  will  be  a  lirst-rate  iliaiuu 
for  any  of  you  yoiuij;  men  who  will  stop  by  the  vessel,  and  I  should  advise;  yon  all  tu 
<lo  it."  The  .yeiu'ral  reply  made  by  the  men  was  that  we  did  not  want  anything;  tn 
do  with  her.  TJie  new  captain  then  came  out  of  the  cabin  an<l  asked  if  we  wonlil  iidt 
join.  He  was  dressed  in  a  f;ray  unifoiin.  Captain  Corbett  introduced  the  man  wIkm 
lu!  came  <iut  Jis  the  American  ottieer  who  was  to  liave  the  command  of  the  shij).  hut  iliil 
not  nn-ntion  his  name;  said  he  would  jiay  the  .seaman  £\  per  month,  and  £lO  lidinity. 
On<'  of  the  en^^ineers,  one  of  the  liremen,  and  two  of  thi'  seann-n  consented  to  join,  ami 
took  the  bounty  an<l  si<;iu'd  the  articles.  'J'he  officer  in  nidform,  when  he  came  out  :» 
lis,  announcetl  that  the  J^ea  Kin^  was  now  the  .Shenandoah  of  thi;  confederate  navy. 
Liciuoi  Innl  been serv««l  amonj;  the  men,  durinji  the  time  wo  were  niakinj];  the  fran.sl'ii, 
in  itrofiision.  .Some  were  under  its  inllueiice.  It  was  broiiyht  round  twice  after  we  ^nt 
throujfh,  and  offered  to  the  men.  They  made  "jreat  efforts  to  iniluce  the  men  to  ji'in. 
They  raised  the  wanes  to  £7  and  £1.')  liounty  for  able  seamen.  They  offered  inc  Clti  a 
month  and  .£1")  bounty.  I  declined  to  accept  it,  or  to  stop  with  them  on  any  teiins. 
A  liucket  of  sovereij;ns  was  bronjiht  out  on  the  deck  to  tempt  the  men  to  join.  A  pui- 
tioii  of  the  crew  of  the  Laurel  joined.  The  person  whom  Captain  Corljett  introdiiccil 
tons  as  the  c<nnman<ler  of  the  Shenandoah  caii>e  out  on  the  Laurel;  there  wcii' a 
imniber  of  others  who  also  came  out  on  the  Laurel:  1  should  say  about  forty.  Wf 
left  them  on  board  the  .Shenandoah.  .Some  were  acrinjr  iis  oltieers.  Oiu;  of  tliriii, 
pointing  at  the  commander,  who  was  standing  on  the  deck,  said  ho  was  Captain 
fcjemme.s. 


Dcscribinj;'  the  indncementsoffored 


Hercusdepos*  d  tothe  sameefll'ect. 
to  tlie  men,  he  .said  :-' 

I  .said  I  should  not  join,  but  four  others  said  they  would.  One  was  a  fireman,  one  an 
engineer,  and  two  were  ordinary  seamen.  They  were  under  the  inllueiice  of  lii|niir. 
which  hail  been  supplied  freely  to  all  ho  would  taki;  it  since  we  coii'miMiced  taiviiii; 
in  tlm  gtiii;'.  When  they  found  us  unwilling  to  go  the  wages  and  bounty  were  in- 
creased, until  we  were  ottered  Jt'T  a  month,  and  £l(i  bounty,  and  to  sign  the  articles 
for  six  months.  A  bucket  containing  sovereigns  was  brought  on  deck,  and  the  ollinis 
took  up  haiidfnls  to  tenii»r  the  men  oii  deck.  The  four  who  consented  to  go  v.eiit  into 
the  cabin,  and  I  afterwards  .saw  one  of  them  with  tweuty-eight  sovereigns  in  l.islmi:(l. 

lie  added : 

When  the  American  officers  who  came  from  the  fjanrel  to  tlie  Sea  King  were  trying 
to  persuadi?  us  to  go  in  her.  they  said,  "  You  had  better  go  in  the  Shenamloali,''  (wiiicii 
till!  .Sea  King  was  to  be  called.)  They  promised  us  the  best  of  li\  ing,  and  said  tliat  tlu' 
best  of  the  provisions  would  lie  t;iken  out  of  the  prizes,  and  all  that  were,  then  alioanl 
■which  were  no  good  would  be  tlirown  overboard. 

It  was  .'■tated  by  tlie  deponents  that  the  otlicers  who  had  gone  out  in 
the  Sea  Kiny,  including  the  captain,  returned  in  the  Calabar  to  Engliiiul. 
The  only  exception  was  one  of  the  en<;ineers.  The  statement  that 
Cai»tain  Seiiimes  was  on  board  of  the  Sea  Kinj^  was  erroneous. 

The  copies  of  dei»ositions  .sent  by  3Ir.  Adams  were  immediately  laiil 
before  the  law-otlicers  of  the  Crown,  who,  on  the  1st  of  December,  LS(U, 
advised  thereon  as  follows  i"* 

The  hiu-ojfkrrs  of  the  Crown  to  Earl  Ilit8nell. 

Lincoln's  Inn,  December  1,  l^fil. 
Mv  Loi!i> :  We  are  honored  with  yotir  lordshi])'s  cmumands  signified  in  Mr.  Ilani- 
inoud's  letter  of  the  IDth  nltiino,  stating  that,  with  reference  to  our  report  of  the  I'ltii 
November,  he  wiis  directed  by  your  lordship  to  triinsmit  to  us  a  letter  troui  Mr.  Adams, 


'Appendix,  vol.  i,  p.  488. 
■"Ibid.,  p.  487. 
•••Ibid.,  p.  41(0. 


CASE   OF   GREAT    BRITAIN. 


381 


iiic'losin<i:  popios  of  tlio  dcpfmiHous  of  two  moii  who  lately  fonni'd  part  of  tlio  i-row  of 
till!  Sea  Kiiij;',  ami  to  rci|iii'st  tliat  we  would  talci^  these  pa|)e!'s  iiilo  our  <'i)iisiilrra- 
tidii,  am!  favor  your  lord.sliip  with  such  oh.servations  as  we  nii^lit   have  to  otl'er  there- 

IllKlII. 

Mr.  Haminoiid  was  also  pleased  to  state  that  we  should  observe  from  tluiaeeompauy- 
iiiUMlraii.uht  of  a  letter  to  the  treasury  that  the  lords  eomuiissioiiers  liav(^  been  re(iuesled 
tip  iiislnict  tlieir  solicitor  to  take  the  depositions,  and  to  i)roceed  in  tliis  case  in  otlier 
irsjii'cts  in  the  manner  recommended  in  oui'  report ;  and  tlnit  a  disi)atch  of  Mr.  Consul 
(Jrnttan  was  also  inclosed. 

Ill  obedience  to  your  lordship's  commands  we  luivo  taken  these  papers  into  our  eon- 
sidiMiition,  and  have  the  honor  to  report — 

Tiiat,  in  our  opini(ni,  the  (iejiositions  now  forwarded  hy  Mr.  Adams  are  sulifieient  to 
piovi'tliat  Captain  Corbet t  did  in  this  conntry  enj;a,i;e  and  i>r<i<'nr(*  the  deponents  to  servo 
;is  siiilors  on  board  the  Sea  Kiuju;,  which  siiip,  from  tiu^  whoh-  r)f  the  evidence  in  the  cast;, 
v.iMiitci-  to  have  lieen  then  a  Ncssel  intended  by  him  to  lie  used  (att(M'  she  should  iiavo 
litM'M  taken  to  the  A/ores)  in  the  confederate  service.  These  facts  raise  ((uestions  simi- 
lar t(i  tliii-<e  whicli  were  involvc.'d  in  the  cases  of  the  seanwii  on  boaril  the  (je(>r;;ia  and 
]i;i|il>aIiannock,  except  that  none  of  these  ])articular  deponents  acceitted  the  :<>Mfed- 
iratc  service  when  the  true  object  of  tin;  voya^^e  was  disclosed  to  tiiem.  Tiiose  (pies- 
tiiiiis,  ui)on  the  construction  ef  tlie  act,  are  not  free  from  dilHculty  ;  but  in  some  of  tiiu 
iitliiT  cases  convictions  have  been  ol)tained  and  submitted  to;  and  wc;  tiiink  tiiat, 
ev(Mi  if  tlii're  were  no  other  point  arisiiiji;  upon  his  acts  wlien  he  handed  over  the 
[ll'J]  ship  to  her  confederate  commander,  it  would  b((  i)roper,  up<m  this  evidence,  'th.'it 
{'ai>tain  Corbett  should  be  ])rosecuted  for  a  vi(dation  of  tlie  second  section  of  tho 
lift,  hy  procnrjnjf,  or  attempt inj;  to  jirocnre  thes(!  men,  and  othi'rs  unknown,  to  servo 
and  lie  employed,  «S;c.,  or  to  <;o  and  embark  from  Liverpool  for  the  puritose.  or  witii 
iiitciit  to  serve  or  to  be  emphiyed,  Ac,  contrary  to  that  section. 

We  t'lirliicr  tiiinl;,  on  more  deliberate  consideration,  that  if  tln^.^ea  Kiniv  ouirht  to  Ix; 
(li'i'iiicd  (.as, /»•/(/<«_/(«•)(',  we  tliink  she  may  !)e)  to  iiave  l)een  still  a  Hiitish  shii»  when 
Caiitaiii  Corbett  endeavored  to  induce  tlie  men  on  board  her  to  accept  tlie  conteder.ite 
Mivji-.',  the  (jucition  whether  her  dedc  w,"s  not  tluMi  "a  place  lielonjvin;^  or  subject  to 
!lii'  Miijc/ity  "  is  a  serious  one,  whicli  ou^iht  also  to  b(^  laised  )»y  the  indictment.  In  our 
liiniicr  rcjiort,  we  stated  that  wv  did  not  think  a  liritish  merchant-slii|)  at  sea  was 
iiicliidcd  within  Her  M.ijesty's  "dominions,'"  in  the  sense  of  the  act ;  Init  in  the  second 
clause  there  are  also  the  otlier  and  iar;;'er  words  above  noticed,  to  wiiicli  we  did  not 
tliiii  ailvert,  and  which  iniyht,  perhaps,  receive  ti  more  extensive  construction. 
We  have,  &c., 

(Signed)  ROUNDELL  PALMER. 

R.  P.  COLLILK'. 
ROBERT  I'HILLIMORE. 

ri'ocoodinos  were  nccovdiiiftly  direeted  to  l)o  tj'.kon  a^^aiiist  the  master 
nf  tlic  iSt'ii  Kiiiy.  He  wa.s  .in'ested  in  Jaiiiiaiy,  1805,  bioii^^lit  before  a 
iiiiijiistrate,  committed  lor  trial,  and  in  XovemUer  of  tlie  same  yetir 
tried  before  tiie  lord  cliief  Jnstiee  and  a  special  jury,  on  the  eliaroe  of 
li;iviin>-,  eitiier  within  the  United  Kiny;dom  or  on  tlie  hi.i;h  sras,  (Miiisted 
Uiitisli  subjects,  or  incited  them  to  enlist  in  the  service  of  the  Confeder- 
;!te  Sti'tes/ 

T!n'  evidence  produced  at  the  trial  was  very  eon  Hietinj:'.  Several  wit- 
iiess(>s  who  had  siiiled  in  the  ship  \veree.\nmine<l  for  the  <lefense.  The.se 
witnesses  co!itradiete(l  on  material  points  the  evidence  j;iven  in  support 
of  the  prosecution,  <ind  the  sttitements  contained  in  the  forej^oinj;'  <le]»o- 
sitidiis,  and  stated  on  oath  that  Corbett  took  no  part  in  the  endeavors 
iiuiile  to  imliice  the  men  to  enlist,  and  that  the  persuasion  n.sed  was 
used  .solely  by  the  Anierie.ans  who  presented  them.selves  as  confederate 
•jnieers.  The  chief  justice  put  to  the  Jnry  the  <inestion  whether  the  de- 
leiidinit  did,  in  fact,  attempt  to  eidist  the  men  or  pri)eure  them  to  enlist, 
icsetviiio-  any  (piestions  of  law  which  mi<;ht  be  raised  on  the  part  of  the 
deleibse,  in  ca.se  the  answer  should  be  in  the  atlirmative.  The  jury 
it'tinned  ti  verdict  of  "  not  guilty." 

Tile  first  imite  of  the  Sea  King,  Charles  Easnian,  who  was  examined 
for  the  defense,  gave  evidence,  in  the  eoiir.se  of  his  examination,  a.s 
iVillow.s : 

I  was  Hccoiid  mate  of  the  Sea  Kins  when  I  sailiMl  in  her  on  her  first  \oyagc.  I  was 
'list  mate  on  her  when  sUo  was  »oId  to  the  coufederutes.     Mr.  R.  Wri}j;ht  was  her 


m 


■n-n 


V.\i 


; 
'1  ■     I 

ii,  :^Ni 

K  ;    1  ■     I 


'.i^'i 


"ST 


ii 

:1^ 


Mf: 


382 


TKEATY    OF   WASHINGTON. 


owner.  She  was  to  go  to  Bf)rn1)ay,  and  notliing  was  said  as  to  lior  nlfiniatfMlestinatinn, 
Slio  took  in  f^itO  tons  of  coal.  It  was  an  onliiiary  caifjo,  and  coals  at  that  tmui  ](;iiii 
the  best  iVeigbt.  She  had  I'orty-fivc  hands  the  liist  voyajfo,  and  fnity-sevtn  tin; 
Hecond. 

The  .steward  of  the  ship,  John  11.  Brown,  who  was  also  exiimined  fnv 
tlie  defense,  stated  that  wlien  she  left  Lonilou  there  was  notiiin<>'  out  of 
the  usual  eour.^e  in  her  stores  which  niijuht  lead  to  the  sui)positiou  tliiit 
she  had  any  other  destination  than  the  East  Indies. 

In  eross-exaniination,  he  .said,  "Steamers  often  take  cargoes  of  eoal  to 
the  Ea.st  Iiulies.  She  had  nearly  as  many  coals  on  boartl  as  .she  could 
carry.  It  is  not  au  unu.sual  thing  to  send  ii  power  of  sale  with  .slii|)s 
goiii};  on  a  long  voyage.' 

With  the  view  of  obtaijiing  further  infornmtion  resjjeeting  the  Sia 
King,  ^U:  Hammond,  on  the  27th  rianuary,  18(15,  wrote  to  ^Messrs. 
liobertson  «Jc  Co.,  of  London,  who  had  originally  been  part  owners  iiiid 
managing  owners  of  the  ship.  JMr.  Hammond's  letter  and  the  aiiswci' 
returned  by  Messrs.  liobertson  &  Co.  were  respectively  as  follows:' 

Mr.  Hammond  to  Messrs,  Rohcrtson  if  Co. 

FouKiox  OvviCK,  Jiuinarij '27.  Wh). 
Gkxtlkmkx:  I  am  directed  by  Earl  Russell  to  state  lo  you  that  his  lordsliip  lias 
been  infiiinied  that  the  .Shenandoah,  a  l"ull-rif;<;ed  ship  of  1,100  tons  and  ti.'iO  horse-iiowir. 
now  .statci]  to  belon;^  to  the  government  of  tlie  so-called  (Jonfederate  States,  was 
formerly  in  the  jxissession  of  your  iirni,  at  whi(;h  time  she;  l>ore  the  name  of  tiif  Siii 
Kin<j;;  and  I  am  directed  to  intiniri!  whether  you  have!  any  objection  to  infoi'iii  his  Imd- 
.shipDf  the  eircunistances  nn<ler  which  yon  sold  the  vessel,  and  particnlaiiy  wlutliir 
she  was  sold  to  an  a;;eut  of  the  so-called  confederate  ";t>vernnient. 


I  am,  Sit., 
(Si-ned) 


E.  HAMMOND. 


[143] 


*il/c«s)'s.  liohrison  .j'  Co.  to  Mr.  Tfammoiid. 


o  Nkwman  s  Coi.-T,  CoitxuiM,,  LOXDOX,  ./((Mi/rov/ 2"^,  ISn.'), 

Slis:  We  bcj;  to  acknowledge  receipt  of  your  letter  of  yesterday,  and  to  iMforiii  vmi 
that  the  .'>ea  King  was  sohl  by  us  to  a  Hi'itish  s;il)ji!ct,  a  Mr.  Wriglit,  of  Livcritoul, 
through  the  agency  of  Messrs.  Curry,  Kellock  &  Co.,  of  Liver|»oo!,  brolccrs,  in  the  iisii  li 
way,  and  ihat  the  liill  of  sale,  Ac,  passed  through  Mer  Maj(,'sty's  customs  in  due  (»i(l"r. 

Alter  the  sah-  of  the  vesst'l  we  had  nothing  whatever  to  do  with  her,  and  she  riMnaiinil 
in  ilock  for  some  wee]<s,  and  was  entered  out  for  liombay,  which  port  wo  were  infonni'il 
was  til  be  her  destination. 

We  are  not  aware,  nor  have  we  any  knowledge,  that  any  confederate  agent  had  any- 
thing to  do  with  the  ship  <luring  her  stay  in  this  country. 

The  St-a  King  was  only  150  horse-power,  and  not,  as  stated  in  your  letter,  '^50. 
We  have,  A:c., 
(Signed)  KOHERTSON  &  CO. 

On  inrpiiry  it  appeared  that  the  Sea  King  was  a  screw-steamer,  built 
at  (llasgow  in  the  year  18(5.'},  with  a  view  to  emi)loyment  in  tlie  Cliiiiii 
trade.  She  was  originally  owned  in  shares  by  several  part  o^vlll'^s, 
INIessr.s.  Iiobert.son  «.S:  (Jo.,,of  London,  a(!ting  as  managing  owners.  She 
sailed  from  London,  in  Xovember,  I8<m,  fpr  Xew  Zealand  and  the  Cliiiiii 
Seas,  carrying  troops  for  Iler  Majesty's  government  to  Aucklan<l,  wlii'iuc 
.she  proceeded  to  llaidcow,  and  returned  to  London  with  a  <^argo  of  tea. 
In  September,  18(5-1,  .she  was  sold  to  a  Mr.  liichard  Wright,  aship-owiRi' 
of  Liverpool.  Wright,  on  the  7th  November,  1804,  granted  a  certifioato 
of  .sale  to  1'.  S.  C()rbett,  the  master  of  the  ship,  by  which  he  was 
empowered  to  .sell  her  at  atiy  port  out  of  the  United  Kingdom  for  a  i>ri(i' 
not  less  than  £15,(K)(),  within  six  nu)nths  after  the  date  of  the  certilicatc. 
Wlien  originally  titled  out  by  Kobertson  &  Co.,  and  when  sold  by  tlioiii 
to  W-ight,she  had  on  board  two  ordinary  lli-poundercarronades  inteiultnl 

•Appendix,  vol.  i,  p.  497, 


CASE    OF   GREAT   BRITAIN. 


383 


only  for  use  as  sifiiuil  jjmis  ami  for  other  uses  comnum  in  merelmnt- 
vessels.  These  were  the  two  lli-poniHler  j»'mis  hereinafter  referred  to. 
The  crew  of  the  Sea  Kin<j  signed  articles  tor  a  voyage  from  London  to 
Bombay,  (calling  at  any  ])orts  or  i>laces  on  the  passage,)  and  any  other 
ports  or  places  in  India,  (.'hina,  or  Japan,  or  the  racihc,  Atlantic,  or 
Indian  Oceans,  trading  to  and  from  as  legal  freights  inigiit  olfer,  until 
the  return  of  the  ship  to  a  linal  port  of  discharge  in  the  United  Kingdom 
or  continent  of  Europe,  the  voyage  not  to  ex(!eed  two  years. 

From  what  has  been  stated  above,  it  will  have  been  seen  that  the 
Shenandoah  was  a  steamship  originally  named  the  Sea  Jving,  which  had 
been  built  not  for  war  but  for  commeicial  purposes  ;  that  she  had  been 
employed  in  the  Chiiui  trade,  and  was  at  the  time  when  she  sailed  from 
tl)ei)ort  of  London,  in  October,  180-4,  registered  in  tlie  name  of  a  Liver- 
pool merchant ;  that  she  cleared  and  sailed  as  for  a  trading  voyage;  that 
lier  crew  were  hiied  and  signed  articles  for  such  a  voyage,  and  tliat  they 
shipped  and  went  to  sea  without  suspecting  that  she  was  intended  for 
any  other  destination  ;  that  there  was  nothing  in  her  cargo,  stores,  or 
otherwise  to  excite  susi)i('ion;  that  before  or  at  the  time  of  her  arrival 
in  the  vicinity  of  the  ]Madeira  Islands  she  was  sold  and  tninsferred  by 
lier  owner  to  the  government  of  the  (Confederate  States:  that  she  took 
onboard,  while  at  sea,  her  commander  and  oHicers,  all  of  whom  were 
American  citizens,  with  a  small  handful  of  in:?n  as  a  crew ;  that  tiic 
otlicers  and  crew  who  had  brought  her  out  from  London  left  her,  with 
very  few  exceptions,  and  returned  to  England  ;  that  in  order  to  induce 
lier  original  crew  to  take  service  in  her,  solicitations  aiul  inducements 
of  every  kiinl  were  emi)loyed  by  her  commander  ami  officers,  but  with- 
out siiecess ;  that,  after  being  transferre«l  as  aforesaid,  she  was  armed  for 
Avar  either  on  the  high  seas  or  in  Portuguese  waters,  and  that  she  them-e 


connnenced  her  <;ruise  under  the  name  of  the  Sheiuiiuloali, 


given 


to 


her  by  her  new  owners. 

It  will  have  been  seen,  also,  that  no  representation  had  been  made  to 
Her  ^Majesty's  government  iesi)ecting  her  by  Mr.  Adams,  and  that  no 
inl'orniatioii  about  her  was  ever  conveyed  to  or  came  into  the  possession 
of  the  government  previous  to  the  rei)ort  received  on  the  12thNovember, 
1804,  Irom  Her  Majesty's  consul  at  Teuerifte. 

Lastly,  it  will  have  been  observed  that  imme<liately  on  the  receipt  of 
that  report,  the  government  consulted  its  advisers  on  the  questitxi 
wliether  legal  proceedings  could  be  instituted  against  the  master  of  the 
ship  wlio  had  sailed  witli  her  from  London,  for  his  share  in  the  trans- 
iiction,  and  that  he  was  afterward  indicted  and  brought  to  trial,  but 
was  aecpiitted  by  the  jury,  the  evidence  as  to  his  acts  being  dojibtful 
and  conllicting. 

The  steamer  Laurel,  whieu  conveyed  to  the  i\LuU'ira  Islands  tlie  guns 
destine  i  .,.i  the  Shenandoah,  and  her  commander  and  olh(;eis,  had  on 
tlie  L'4th  October,  1 80-4,  cleared  from  the  port  of  .Liverpool  for  ^latamoras 
via  Havana  and  Nassau,  and  her  crew  were  shipped  for  that  voyage. 
Her  clearance  stated  that  she  had  a  crew  of  -M  men,  no  ])assengers, 
[144]  and  *snndiy  i)aekages  of  British  and  foreign  goods  free  of  <luty. 
She  is  believed  to  have  been  sold  while  abroad  to  the  govern- 
ment of  the  Confederate  States. 

Mr.  Adams  subsequently,  on  the  7th  April,  18G5,  wrote  to  Earl  Kussell, 
inclosing  and  referring  to  a  letter  addressed  to  Mr.  Seward  by  the  consul 
of  the  United  States  at  llio  Janeiro,  in  which  it  was  stated  that  several 
Lnitod  .-  uites ships  had  been  captured  and  destroyed  by  the  Shenandoah, 
hi  this  note  Mr.  Adams  wrote  as'follows:' 


'Appendix,  vol.  i,  p.  501. 


ITT 


'<  ■ 


aj 


1 

i    t 

1 

1 

1  ^ 

( 

1 

If 

t^*- 

384 


TREATY    OF    WASHINGTON. 


i-it 


'"^I'V'i 


I  am  1)y  no  mciiiis  iiisciisililt^  to  llio  cil'orts  wliicli  liavo  alroiidy  hi'ou  niado,  and  are 
yet  iiu'ilsin;;',  liy  llcr  Jliijcsty's  jiovciiiincnt  t(»  jiiit  a  stoj)  t<  hmcIi  oiitiajjcs  in  tliis  kjn,,. 
<liiiii  and  il.s  d('i)cnd(;ncif.s.  Neither  can  I  |ieiinit  myself  to  donht  tlie  favoraldc  ili.>|i,isi. 
tioM  of  her  ministers  to  maintain  amieahle  lehitions  with  the  Government  wjiitli  J 
represent. 

Willie  jierfectly  ready  to  hear  testimony  to  tin;  jnoniiifne.ss  with  \vhi(  h  all  fiiiMiinini- 
ons  remoii.st ranees  and  repiesentat ions  which  it  has  lieeii  my  jiainfnl  duty  iicr.tdini,. 
to  snhmit  have  heen  met  and  attended  to  hy  yonr  lordship,  it  is  at  the  saiiu'  tinn' 
iiiipossilile  for  me  to  disjinte  the  fact  that  the  hostile  iioli<'y  whitdi  it  is  the  ohjccf  dfjii] 
this  hilior  to  iirevent,  has  not  oidy  not  heen  checked,  but  is  even  now  going  into  exi'iu- 
tion  with  more  and  more  complete  snccess. 

ITe  proceeded  to  dwell  upon  tlie  losses  which  the  connnerce  and  iiiivi- 
j^liition  of  the  United  States  had  snst.iined,  and  the  circnnistiinces  luider 
which  these  losses  had  been  intlieted,  and  to  observe  in  etlect  that  siicli 
injuries  must  tend  to  ylve  rise  to  "the  gravest  ol'eonijylieationslu'twci'n 
any  two  nations  placed  under  like  circumstances."    lie  added: 

That  in  this  cas(!  no  sncli  event  has  follow«'d  lias  heen  owiiifj,  in  the  main,  to  ;i  fiilj 
conviction  that  Her  Majesty's  fiovernment  has  m^ver  heen  animatcfl  hy  any  aj;n»ivi' 
<lisposition  towaid  the  Llnited  States  ;  l»nt,  on  tin?  contrary,  that  it  has  steadily  cikIc;!- 
vored  to  discountenance  and,  in  a  mcaSnre,  to  check  the  injiuions  and  malev(denf  (i|iir- 
ations  of  many  of  her  snhjccts.  Ihit  while  anxious  to  do  fall  Justice  to  the  aiiii(iiii!i; 
intentions  of  Hei'  ^I'ajcsty's  ministers,  ami  on  that  account  to  forbear  from  reciMUsc  to 
any  hut  the  most  friendly  and  earnest  apjieals  to  reason  and  to  their  sense  of  jiistii,.' 
Jor  the  rectilication  of  lhcs(^  wron<:;s,  it  is  impossilde  to  resist  the  conviction  that  licri'to- 
lore  their  miasures,  however  well  intended,  have  never  jiroved  etVective  to  reaicdy  tlh' 
evil  coniidained  of.  Prompt  to  a<'<|uit  them  of  iui,\  di'sign.  1  am  reluctantly  ciiMi|irlliil 
to  acknowledjve  flu-  b(dief  that  practically  this  evil  had  its  ori^nin  in  th.'  lirst  .st(|i 
taken,  whi<'h  utiver  can  be  reji'arded  hy  my  (Jovernment  in  any  otlu-r  light  than  as  piv- 
cipitate,  of  acknowledging  jiersons  as  a  belligerent  jiower  on  the  ocean  before  tin  y  liinl 
a  .Ningh.'  vessel  of  their  ow  n  to  show  lloating  ujion  it.  The  result  of  that  proceidiii:; 
has  heen  that  tin;  power  in  (|uestion,  so  far  as  it  can  i»e  entitled  to  the  nauie  dt  a 
Itelligerent  on  the  ocean  at  all,  was  actually  created  in  eonsecpience  »i'  t\u'.  recognjiiiiii. 
and  not  before;  and  all  that  it  has  snbse(|Uently  attained  of  such  a  position  has  lnni 
through  the  labiu-  of  the  subjects  of  the  very  country  whicdi  gave  it  the  slw  Iter  ot't!i:it 
title'  in  advaiu'c.  Neither  is  tin;  whole  case  stated  even  now.  The  results  e(pially  sjniw 
that  tlu^  ability. to  continue  these  o])eiations  with  success  during  the  whole  Icnnuf 
four  years  that  the  war  luis  continiwd,  has  been  exclusively  owing  to  the  oiJimrriiiiiiy 
1o  make  use  of  this  granted  right  of  a  bclligeient  in  th'?  courts  and  the  ports  and  liai- 
bois  of  the  very  power  that  furnished  the  idenu'uts  of  its  existence  in  the  outset. 

]Mr.  Adams  did  not  assert  that  in  respect  of  the  departure,  (Mpiipuicnr. 
or  armament  of  tiie  ISlienandoah  there  had  been  ttny  ne.uli.ii{'ii(('  or 
bleach  of  international  duty  on  the  part  of  Her  Majesty's  }.i((veniiii(iit: 
nor  could  he  hav{^  don(?  so  with  any  show  of  rea.son.  Tlie  substaiu'c  u'i 
his  compliiint,  asregtirded  the  ticts  or  omissions  of  the  j>overnmeiit,  w.is 
tiiat  Great  IJritiiin  had  declared  herself  neutral  in  the  war,  ami  liml 
reeofinized  the  Confederate  States  as  a  belli<;erent,  and  that  confedciiiri' 
vessels  Jiad  been  suttered  to  enter  and  imike  use  of  the  ports  and  liarliois 
of  (Ireat  Britain  and  her  colonies  equally  with  ves.sels  of  the  United 
States. 

On  the  2.jtli  January,  18155,  the  Shenandoah  arrived  at  Port  Pliilii),  in 
the  c(»lony  of  Victoria,  and  anchoretl  in  Ilobson's  ]>ay ;  and  her  coin- 
nijiiKlei'  immediately  sent  one  of  the  ofhcers  of  the  ship  to  present  the 
following  letter  to  the  governor  of  the  colony:^ 

Lkiitciiant  lldddcU  to  (lotrnior  Sir  C.  IT.  Darlhig. 

CoNiKDiouArK  St.vtks  Stkajiki!  oi'  War  Sin:xAM)OAii, 

Port  riiilip,  Jaiinarji  '2^^.  l"^!'-''- 
Silt:  I  havo  tho  honor  to  aniuuince  to  your  oxcelleuey  the  arrival  of  the  (JonltiliTiite 
States  steamer  hfhenaiuloah,  under  my  commaiul,  in  Port  Philip  this  afteriu)oii,  ami  Jilso 

,  'Appendix,  vol.  i,  p.  500. 


CASE    OF    GREAT    BRITAIN. 


385 


to  commnnicato  that  the  steamer's  inachiiiory  rc(iiiin\s  lopairs,  and  that  I  am  in  Avant 
of  coals. 

I  (Icsiio  yonr  oxccllcncy  to  grant  }><<rniissi()n  thnt  I  may  mako  tlio  necessary  repairs 
and  supply  t>r  eoals  to  enahle  nn^  to  <;et  to  si-a  as  (|iiickly  as  possible. 

I  (lisire  also  yonr  excellency's  permission  to  land  my  prisoners.  I  shall  ohsirvc  tin; 
ucntritlity. 

I  have,  &c., 

(Signed)  JAW.  J.  WADDKLL. 

[145]       *The  ftovornor  (Sir  C.  IT.  Darlinj;)  caiiscd  the  bearor  of  the  let- 
ter to  be  iiitormed  that  it  sliouhl  be  answered  on  the  i'oHowiiijj 
(lay.    The  governor  had  not,  at  this  or  any  otiier  time,  aiij-  personal 
iiiten'oiu\se  with  the  coninninder  of  the  Shenanvloah. 

Commander  AVaddell's  ai>i>li(;ation  was,  on  the  L'(Jth  Jannary,  bronght 
by  the  governor  before  the  execntive  eouncMl  of  the  colony  for  eonsider- 
atioii.  The  advice  given  by  the  council  to  the  governor  thereon  is  set 
forth  in  the  subjoined  extract  from  the  minutes  of  its  proceedings:' 


■Jl'f 


Dispatches  from  the  right  honorable  the  secretary  of  state,  covering  the  Qni^en's 
proclinnation  of  nentrality,  and  all  instrnetioiis  and  orders  which  have,  from  time  to 
time,  been  issncd  by  connnand  of  Her  Majesty,  throngh  the  secretary  of  state,  to  the 
'.'(ivernorH  of  Her  Majesty's  colonies  and  ]»ossessi(jns,  for  their  guidance  dnriiig  tiie  con- 
tinuance! of  hostilities  on  the  North  American  continent,  as  well  as  ollicial  coricspond- 
ence  and  papers  connected  with  the  proceedings  of  the  confederate!  stisamship  Alabama 
al  Hit  Majesty's  colony  of  the  Cape  of  Good  Hope,  arc  laid  before  the  council,  and 
ivad  liy  tli(!  cl(!rk. 

After  careful  considt.'ralinn  of  these  instructions  and  papers,  the  council  advise  that 
tlip  honorable  thi!  commissiom-r  of  trade  and  customs,  writing  in  the  name  of  his  cx- 
cfllcncy  tli(!  governor,  should  acijuaint  the  commander  of  the  .Shenandoah — 

1.  That  the  vessel  under  his  connnand  will  not  b<i  allowed  to  (piit  the  anchorage  in 
HdI'soh's  Hay  within  twenty-four  hours  after  any  vessel  belonging  to  the  Federal  States 
shall  have  left  the  port,  and  further  inform  him  that,  in  case  h(!  should  infringe  this 
rule,  his  government  will  be  held  responsible  by  that  of  Great  Britain  for  violating 
the  neutrality  of  British  waters. 

2.  That  the  coimnander  of  the  Shenandoah  ho  requested  to  communicate  to  the  gov- 
cnniicnt  of  Victoria  the  nature  and  extent  of  the  repairs  of  which  he  states  his  vessel 
to  he  in  need  ;  and  that  he  be  informed  that  permission  will  be  granted  for  the  Sln-naji- 
(Inah  to  remain  in  the  waters  of  the  c(dony  a  sntiicient  time  to  receive  the  provisions 
or  things  ni^cessary  for  the  subsistence  of  her  crew — but  not  beyond  what  may  be 
:ii'C('ssary  for  immediate  ns(> — and  to  eltect  her  re])airs  ;  and  that  when  the  gov(!rnnn'nt 
of  Viitoria  are  in  possession  of  the  nature  and  extent  t)f  the  supplies  and  rei)airs 
which  are  necessary,  the  comnmnder  of  the  Shenandoah  will  then  be  informed  of  the 
time  which  his  vessel  will  be  permittcsd  to  remain  in  the  waters  of  the  colony. 

li.  That,  in  reply  to  that  part  of  his  letter  which  refers  to  prisoners,  the  connnander 
of  the  ."Shenandoah  be  reijuested  to  communicate  to  the  government  of  Victoria  the 
names  of  the  prisoners,  and  any  other  particulars  relating  to  them  which  he  may  be 
willing  to  supply. 

His  excellency,  concurring  with  the  advice  which  has  been  tendered  to  him,  directs 
the  honorable  the  commissioner  of  trade  and  customs  to  address  the  commander  of  the 
Shenandoah  in  the  above- recited  terms. 

The  coinicil  further  advise  his  excellency  to  authorize  a  comnmuication  being  made 
to  the  United  States  consul  at  Melbourne,  informing  him  of  the  application  which  has 
hcoii  nnule  by  the  commander  of  the  Sheuamloah  for  permission  to  land  prisoners,  and 
stating  that  the  government  are  desirous  of  knowing  whether  the  consul  will  under- 
take to  receive  and  provide  for  them. 

In  conformity  with  the  advice  of  the  consul,  commiinicatioua  were 
addressed,  by  the  governor's  direction,  to  the  commander  of  the  Shen- 
andoah and  to  the  consul  of  the  United  States  at  Melbourne,  ^Mr.  W. 
Blanchard. 

The  consul  replied  that  lie  had  already  made  provision  for  the  persons 
brought  in  as  prisoners  by  the  Shenandoah.  He  addressed  several  let- 
ters to  the  governor,  protesting  against  the  admission  of  the  vessel  into 
the  port  of  Melbourne,  and  calling  on  him  to  cause  her  to  be  seized,  as 


%  ■■■ 


25  a 


» Appeudix,  vol.  i,  p.  511. 


VA-,  'sr* 


38G 


a'REATY    OF    WASHINGTON. 


piuiltv  oi'  piracy.    The  reasons  on  which  the  consul  relied  were  .stated 
b>  liiin  in  the  tbllowing-  letter:' 

Mr.  Blanchard  to  (lonriioy  Sir  C.  Ihirlimj. 

Cox.sur.ATK  OI'  Tin;  UxriKD  Statks  ok  Aaikhica, 

Mdhouniv,  January  '2f*,  1-ii.), 

Sii;:  I  ;iin  in  n-ceipt  of  a  coiiiiminii^atioti  fmin  C.  J.  Tyler,  csti.,  yonr  o\('('ll('M(y's 
aidc-ite-ciimii,  dated  to-day,  iiironninjj;  me  tliat  your  cxcelleiiey  lias  Hiibniittcd  niv 
dispatelieis  of  tlie  'JCiMi  iiiid  tiTtli  .January  instant  to  the  conHideratioii  of  yuii  Ic";!] 
advisers,  and  that  yonr  excellency's  dc^cision,  when  niudc!,  will  be  forwarded  to  nic,  " 

Evidence!  l»einj>'  daily  accnnnilatin^  in  this  ofiice  in  snpjjort  of  the  reasons  t  )r  tlir 
]n()tests  I  had  tlie  honor  to  forward  to  yonr  execlleney,  I  now  bey  leave  to  call  vdiii 
attention  s]iecially  to  the  followinfr : 

1.  That  the  Sea  Kinjj;,  aU<(x  .Shenandoah,  now  in  this  port,  and  assnniinj;  to  Ih-  a  wur- 
vessel,  is  a  Ihitish-built  shiji,  and  cleared  from  a  liritish  port  as  a  merchantman,  li-|,'iiilv 
entcriiif^  no  jiort  until  hei'  airival  here,  where  slie  assumes  to  be  a  war-vi'ssel  oltlii'sii- 
styled  Ctmfcderate  States  ;  that  any  transfer  of  said  vessel  at  s^a  is  in  violation  of  tlie 
law  of  nations,  and  does  not  ehanj^e  her  nationality. 

tj.  That  inasmuch  as  Her  ilajesty's  neutrality  i)roclamation  prohibits  her  snlijms 
from  supplyinjx  or  furnishing  any  war  nniterial  or  shiji  to  either  bellijferent,  this  vt'ssd, 
haviufi  an  ori<fin  as  above,  is  not  entitled  to  the  privileges  accorded  to  the  belligerent- 

by  said  proclamation. 
[14(iJ       *3.  That  being  a  British-built  merchant-ship,  she  ciinnot  bo  converted  iiitoii 
war-vessel,  upon  the  high  seas,  of  the  so-styhal  Confederate  States,  but  only  by 
proceeding  to  and  sailing  iu  sueli  character  from  one  of  the  jiorts  of  tho  so-styled  loii- 
federacy. 

4.  lliat  it  is  an  established  law  that  vessels  are  to  be  considered  as  under  the  flaguf 
the  na  ion  where  built,  until  legally  transferred  to  another  flag. 

a.  That  said  vessel  sailed  as  an  English  merchant-ship  from  au  English  pert,  and 
cannot,  until  legally  transferred,  be  considered  as  a  man-of-war. 

(5.  That  not  being  legally  a  nu^n-of-Avar,  she  is  but  a  lawless  pirate,  dishonoriiijj  tlu^ 
Hag  under  Avhich  her  status  is  to  be  established,  and  under  which  she  decoys  her  vic- 
tims. 

7.  Tliiit  her  armament  came  also  from  Great  Britain  in  English  vessels,  (the  Lauirl 
and  .Sea  King,  now  Shenandoah,)  both  of  which  cleared  under  British  sea!,  or,  if  vitli- 
out  it.  in  violation  of  established  law. 

8.  That  as  such  she  has  connnitted  great  depredations  upon  ships  belonging  to  citi- 
zens of  the  United  States,  making  her  liable  to  seizure  and  detention,  and  the  ciiw 
guilty  of  piracy. 

I  cannot  close  this  without  further  protesting  in  behalf  of  my  Goverinnent  agiiinst 
the  aid  and  comfort  and  refuge  now  being  extended  to  the  so-styled  confederate  cruiser 
Shenandoah  in  this  port. 

I  have,  »fcc., 

(Signed)  WM.  BLANCHARD. 

The  propositions  asserted  by  the  consnl,  that  the  Shenandoah,  liav 
ing  been  built  as  a  merchant-ship  iu  Great  Britain,  and  having  sailed 
as  such  from  a  British  port,  could  not  sub,-  equently  acquire  the  char- 
acter of  a  belligerent  ship  of  w  ar,  unless  she  had  in  the  interval  pro- 
ceeded to,  and  sailed  from,  a  port  in  the  Coufederate  States,  and  tbat 
she  was  iu  the  view  of  iuteruatioual  law  a  pirate,  w  ere  erroneous. 

In  answer  to  the  consul's  letter  above  set  forth,  the  following  letter 
was  addressed  to  him  by  order  of  the  governor :'' 

Mr.  Tyler  to  Mr.  Blunchard. 

Privatp;  Secretary's  OrricE, 

Melbourne,  January  30, 18()5. 
Slif :  I  ain  directed  by  his  excellency  the  governor  to  acknowledge  the  receipt  of 
your  letter  of  the  28th  instant,  and  to  acquaint  you  that,  having  fully  considered  the 
representations  contained  iu  that  communication  and  in  your  previous  letters  of  tlie 
yCth  and  27th  in.stant,  and  advised  with  the  Crown  law-officers  thereon,  his  excellency 
lias  come  to  the  decision  that,  wliatever  may  be  the  previous  history  of  the  Slieuau- 


^  ApiJeudix,  vol.  i,  p.  592. 


«Ibid.,  p.  593. 


CASE    OF    GRKAT    BRITAIN. 


387 


lire  .stattd- 


IKIMCA, 

•  cxccllcnry''. 
ihiiiilti'il  my 
of  yim  lci;;\l 
(•tl  to  inc. 

ilSOllS    t  )!■  till' 

c  to  call  vdur 

If  to  111'  a  wiii- 
,it.uiati,lc;,'nily 

•SSt'l  Ol  till'  ^11- 

oliitioii  ortlio 

•8  her  sulijeets 
nt,  this  vi'sscl, 
lie  buHiyi'ii'iii- 

iivei'ttMl  iiitiiii 
uH,  but  only  by 

3  80-Styll'll  Wll- 

lulev  the  flag  111' 

jvlish  iHii't,  ami 

lishouoi'ius;  tlif 
decoys  luT  vii- 

ils,  (the  LaiiK  1 
eii;,or,  ifwitli- 
sloiigu.}!  to  oiti- 
Luul  the  crew 

'iiment  against 
federate  eiiiist'V 


.ANCHARD. 

iandoali,  hav 
iviug  Siiiloil 
ire  the  cbai- 
Interval  pvo- 
[es,  and  that 
Ineous. 
lowing  better 


J  Of vicK,  ^ 
itary  UO,  ISdo- 
I  the  receipt  of 
Iconsidered  the 
%  letters  ot  tbe 
riiisoxeeUeticy 
If  the  Sheuaii- 


t7pr593. 


(lonh,  the  govenuneiit  of  this  colony  is  bomul  to  treat  hor  as  a  wliip  of  war  bfloiigiiig 
to  a  liilli^'i'ii'iit  power. 

i  have,  SiC, 

(For  Private  Serretarv.) 

(Si-,nied)  ('.  .J.  TVLF.U. 

The  subjoined  extraets  from  minutes  of  the  i)ro(;e('(lin<»\s  of  the  exeeii- 
tive  coniu'il  of  the  eoh^iiy  hIiow  wimt  .siibse(|uentl.v  oecnrred  in  rt'hition 
to  tlie  Siieiiandoah  and  the  eour.se  pursued  with  referenee  to  her  by  the 
govei'iniient  of  the  cohiny  :• 

Exlmd  from  the  minules  of  the  couucil. — Mhiiilci'i't/l  of  the  procccdinyn  on  the  'Mth  of  Jan- 
vary,  18(),"). 

At  tlie  chisi^  of  the  ordiiiiiry  IiusIih^sh  of  the  eouiicil.  the  honorabh*  tlie  coimnissioiiei 
of  trade  and  ciistonis  submits  to  his  exeelhMiey  a  coiiiiiuiiiieatioii  from  thi^  ('niMmande.i 
of  the  Slieiiandoali,  dated  'JStii  .January,  IHm — in  reply  to  tlie  It^tter  whieh  was  ad- 
(hcsseil  i()  him  on  thr  "ilith  instant — in  whieh  liientcMiant  Waddell  states  that  he  has 
not  been  able  ii))  to  the  present  time  to  in  form  tht^  fjoverninent  of  thei-xteiit  of  the  repairs 
whii'li  ar.'  required  to  be  maih;  to  his  vessi.'l,  and  expn^ssiii;;  his  fear  tliat  the  damaj^css 
will  iii'ove  to  lie  more  serious  than  h«',  had  antiei])ated  ;  but  that  as  soon  as  a  divcjr, 
whom  he  had  emiiloyed  for  the  imrjiosc^,  has  lieeii  alile  to  iiisi)e(;t  the  serew-shaft  below 
water,  he  will  lo.^e  no  time  in  eominunieatiiii^  with  them.  This  h'tter  wiis,  shortly 
afterwaid.  followed  by  another  from  Messrs.  Ijaiijflands,  brothers  ».V  (.'o.,  of  tlie  I'ort 
riiilip  fonndery,  and  <lated  the  IJOth  .lannary,  a<ldressed  to  J^ieutenant  Waddell,  which 
that  ollicer  indorsed,  as  forwarded  to  the  honorable  the  commissioner  of  trade  and 
(iistoiiis,  for  the  information  of  the  {governor,  and  with  a  request  that  it  iniyht  be 
re  turn  I'll. 

Ill  this  letter  Messrs.  Lan<jlands  report  that  it  was  absolutely  necessary  to  put  the 
vessel  on  th(^  ifoveriinHmt  sli]),  as,  aftiir  inspection  by  the  diver,  he  reitorts  the  liniujj; 
lit  the  onti'r  steiiibnsh  to  hi',  entirely  ;?on(!,  and  refpiires  to  be  replaced,  and  that,  as  thrcie 
(lays  iiioie  will  elapse  bid'oni  the  vessel  can  be  sli|)i>i'd,  Messrs.  l.aii.i^lands  state  they 
will  not  be  able  to  aceomiilish  the  rejiairs  Avithin  ten  days  from  the  date  of  their  letter. 

After  consid(^rin<f  these  letters,  the  council  advise  his  »'xeellency  to  authorize  another 
coiiiiiiiiiiieation  to  be  addressed  to  the  commander  of  the  .Slieiianiloah,  drawiiij;  his 
attention  to  the  cireiimstaiiee  that  he  had  not  as  yvt  replied  ;o  the  rtMiuest  for 
[117]  inl'oriiiatioii  as  to  the  naturt' of  the  supplies  of  "whieh  he  states  he  is  in  need  for 
the  suiisistenee  of  his  erew,  nor  had  he  furnished  the  list  of  the  ]iiisoners  on 
lioaril ;  i.ud  that  he  be  further  informed  that  the  ij;overnor  had  appointed  a  board  of 
piaetieal  men  to  examine  the  Shenandoah,  and  report  whethi'r  that  vessel  is  in  a  lit 
state  to  juoceed  to  sea,  or  wlusther  any,  or  if  any,  what,  rt;p;iirs  are  necessary.  For 
this  piuiMise  his  tixcelleiicy  ai»points  Air.  C.  B.  Payne,  secretary  naval  survey  board; 
Mr.  Dou;i;las  Elder.  superintiMident  marine  yard;  and  Mr.  Alexander  Wilson,  tfovernmeut 
eiiiiiiieer,  to  be  a  board  to  proceed  on  boanl  the  Shenandoah,  and  report  aeccu'diiiffly. 

His  excellency  then  lays  before  the  council  three  letters  which  havt;  been  addressed 
to  him  liy  the  IJuited  States  consul  at  Melbourne,  dated,  resiiectively,  the  5i(jth,  27th, 
anil  "JHtli  of  .January,  Ir^tJo,  protestiiii?  against  the  rights  of  a  bidligereiit  being  granted 
to  the  Slieiiaiidoah,and  further  protesting  against  the  aid  and  comfort  and  refuge  now 
being  extended  to  that  vessel. 

Having  relerred  these  letters  to  his  leg.'il  advisers,  his  excelleucy  received  from  them 
the  following  opinion : 

'•  We  have  tins  honor  to  acknowledge  the  receipt  of  three  letters  addn^ssed  to  his 
pxcelleney  the  governor  by  the  consul  of  the  United  States  of  America,  dated,  respecit- 
ively.  the  iitithj  27th,  and  28th  instant. 

"  We  are  of  opinion  that  there  is  no  evidence  of  any  act  of  piracy  committed  by  any 
lieisoii  on  board  the  vessel  called  the  Shenandoah.     This  vessel  purports  to  be,  and  wo 
think  she  should  be  treated  as,  u  ship  of  war  belonging  to  a  belligerent  p»)wer. 
(Signed)  "ARCHD.  MICHIE, 

"  GEO.  HIGINBOTHAM, 

"  Crown  Law-Offioers. 

"J.\nl-aI!y30,  1805." 

His  excellency  states  that  he  bad  replied  to  the  United  States  consul  to  the  ettect 
that,  having  given  an  attentive  consideration  to  his  letters,  and  liaviug  consulted  with 
the  law-otUcers  of  the  Crown,  he  had  come  to  the  decision  that  the  government  of  this 
colony  were  boimd  to  treat  the  Sheuaudoabas  a  ship  of  war  belonging  to  a  belligereut 

imwer. 

His  excellency  then  consults  the  council  on  the  only  point  npon  which  be  thought 
iiuy  doubt  could  arise,  viz,  whether  it  would  be  expedient  to  call  upon  the  lieutenant 

>  Appendix,  vol.  i,  p.  514. 


m 


388 


TREATY   OF   WASHINGTON. 


coniniaiuliii}?  the  SIuMianadoiih  toHliow  IiIh  coumiiH.sioii  from  tliogovcrniiifiit  of tlni  Ccm. 
fi'dfiaf*'  Stat(•^^,  aiitlioriziiiK  'lim  to  laki'  (roiiiiiifiiiil  of  tliat  vt-sscl  for  warlike  iiurim^i.^^ 
Afti  r  lnii  f  coiisnUatioii  a  majority  of  his  ailvisern  toinler  thoir  oiiiiiioii  tliat  it  woulii 
not  be  cxiK'tllcut  to  do  ho. 

Exlnid  from  the  minittfH  of  the  counvU, — MiiiiilrO^/i^ofthcproccaVnitfH  on  the  (Uh  rihimrii 

iHCio.'  ' 

On  coiicliidinj;  the  ordinary  buwhicMS  of  the  day  his  pxccllcncy  infoniiN  the  conniil 
tliat  sinci'  tiicir  last  mcctinf;'  a  commimicalioii  liail  ht'cii  rccfivtMl  from  iIki  (Jinniiiuiiilci' 
of  thcShfiiandoiili,  thittd  :iUth  .laiiiiary,  stating  tliat  the  imuR-diato  Hiipiilios  iiMiiiiidl 
for  the  olliccrs  and  crew  nnder  his  command  eoiittisted  of  fresh  meat,  vcy;ctalilis,  and 
bread  daily,  and  certain  si^a  snjiplica  which  are  ciinmerated,  and  that  witli  rispcct  to 
the  list  of  iirisoners,  all  the  persons — whom  on  the  hij^h  seas  Jie  considered  to  Ik;  lij^ 
prisoners — iiad  left  his  ship  in  shore  boats,  without  his  knowledf;o,sooM  after  his.niiviil 
in  the  i)ort.  The  honorablt!  comndssiontir  of  trade  and  customs  had  been  autjitiiiztd 
to  n^ply  ti?  Lieutenant  Waddell  that  peiiuission  was  granted  to  liim  to  ship,  in  rciisou- 
able  (iiiantitics,  the  provisions  and  supplies  which  he  had  enumerated,  anil  (liat  it  was 
necessary  foi- him  to  place  his  paymaster  in  comnuniieation  with  tlu-  colleetoi' ol' (us- 
tnms  as  to  the  (juantities  and  particulars  in  detail.  The  rcfpiest  formerly  made  to  Licii- 
tenant  Waddell  to  furnish  the  numbers  an«l  particulars  of  his  jirisimers  was  also  renewed 
in  this  conmuiincation,  and  ho  was  informed  that,  althonj^h  the  nundjcr  in  this  iiistaiiLc 
was  umlerstood  to  be  small,  yet  this  case  nuKht  form  :i  precedent  for  future  ^uidanci' 
in  any  other  ease  where  it  might  bo  desired  to  land  a  larger  number  of  prisoners  iu 
violation  of  municipal  or  other  laws  or  regulations  in  force  in  this  colony. 

To  this  letter  Lieutenant  Waddell  replied,  on  the  Ist  February,  that  the  mmihor  of 
the  prisoners  \w  had  brought  into  the  i)ort  were  eleven,  two  being  females  :  that  tin y 
■were  cai)tnred  serving  in  the  Anu-rican  bark  Delphine,  which  vessel  he  destroyed;  anil 
on  arrival  in  this  port  they  left  the  Shenandoah  of  tlieir  own  free  will— witiiout  cmi- 
sulting  the  regulations  enforced  in  thiscidony — unmolested,  unassisted,  and  not  inanv 
boat  belonging  to  the  ship.  He  further  ad(led  that  he  was  extremely  anxious  to  gc't 
the  Shenandoah  to  sea. 

The  report  of  the  board  of  survey  on  the  repairs  required  by  the  Shenandoah  is  thou 
laid  before  the  ciuincil  and  read. 

On  receiving  this  report,  his  excellency  states  that  he  had  directed  another  letter  to 
be  addressed  to  Lieutenant  Wadddl,  informing  him  that,  as  it  w.is  evidently  necessary 
from  the  report  that  his  vessel  should  be  placed  on  the  slip,  it  was  presumed  that  lie 
would  proceed  promptly  with  the  necessary  arrangements ;  and  it  was  further  jiointid 
out  to  him  that  the  slip — which  Messrs.  Langlands,  in  their  conununication,  had  tennn! 
the  government  slip — w.as  not  in  the  possession  or  under  the  control  of  t!ie  govern- 
ment; that  it  was  originally  built  by  the  goveiumeut,  but  had  for  many  years  liccn 
leased  to  various  parties,  and,  therefore.  Lieutenant  Waddell's  arrangements  auist  bo 
made  with  the  present  lessees. 

The  commissioner  of  trade  and  customs  then  acquainted  his  excellency  that  he  hiu! 
issued  in.stiuctions  to  the  principal  otlicers  in  Hobson's  Bay  to  iiniiish  daily 
[148]  repents  of  the  Shenandoah,  in  'obedience  to  a  minute  of  his  excc-llen(;y  of  the  :iil 
instant,  and  that  he  had  enjoined  upon  these  otiicers  the  nece!<sity  of  pciforni- 
ing  this  service  without  unseemly  obtrusion  or  ititerference,  but  that  any  appiuvnt 
abuse  of  the  permission  to  nrake  repairs  or  to  take  in  supplies  was  to  be  reported ;  iunl 
their  attention  was  especially  directed  to  the  eouchuling  paragraj^h  of  the  minute  nlaf- 
ing  to  any  extension  of  the  armament  of  the  Shenandoah,  or  to  any  attempt  to  render 
her  present  arnniment  more  effective. 

Mr.  Francis  further  states  that  an  ai>plication  had  been  made  this  day  to  the  collector 
of  customs  for  penuission  to  land  certain  surplus  stores,  accompauied  by  a  declaration 
that  none  of  these  stores  had  been  captured,  but  that  they  all  came  into  the  possession 
of  Lieutenant  Waddell  with  the  vessel.  On  consultation  with  the  council,  his  excel- 
lency directs  this  application  to  be  referred  for  the  opinion  of  the  Crown  law-oHieers, 
■whether  such  a  permission  should  be  granted,  and  whether  the  forty-fourth  section  »t 
the  act  21  Vict.,  No.  13,  is  applicable  to  the  case. 

His  excellency  then  directs  Mr.  Francis  to  address  another  letter  to  Lieuteuatit  Wad- 
dell, and  inform  him  that,  as  bis  vessel  has  been  twelve  days  iu  the  port  already,  with 
permission  to  lay  in  provisions  and  to  effect  necessary  repairs,  it  is  now  desired  that 
lie  should  name  the  day  upon  which  he  will  bo  prepared  to  proceed  to  sea,  ami  that, 
after  carefully  considering  the  position  of  Great  Britain  as  strictly  neutral  in  the  pres- 
ent contest  on  the  North  American  continent,  the  government  of  Victoria  cannot  grant 
him  the  use  of  any  appliances  which  are  the  property  of  the  government,  nor  can  it 
render  any  assistance,  either  directly  or  indirectly,  toward  effecting  the  repairs  of  his 
vessel. 

'Appendix,  vol.  i,  p.  516. 


CASE    OF    GREAT    UUITAIN. 


389 


uloah  is  tlioii 


Tlio  ivi>ort  of  the  board  of  .survey  roferroil  to  in  tlio  forojjoiu^'  mimite 
was  as  follows :' 

lit  port  of  Htin'vy  hild  on  hoard  the  confederate  nrrew-steamer  Shenandoah. 

MKMioiitNi:,  Fihrnarji  I.  iHi,"). 
Wk.  tli(!  iin(lt'rsi<?no(l,  in  imrHiiiiiirn  of  iiiHtnictioiiH  nxcivcd  (loiii  his  cxcrllfiicy  tlio 
mivciiMM',  i)ri>cct'(lf(l  oil  hdiinl  tilt'  cmil't'ilcriitc  scicw-Hti-iiiiit'i'  SliciiiiiKlniili  tliis  iiioriiiii<{» 
at  1(1.1.  III..  Inr  tlic  iniiiioHti  of  L'xaminiii;;  licr  with  ii  vifw  of  rt'itmtliijLj  w  lidlicr  that, 
vessel  is  iKiw  in  a  lit  statu  to  proet'ctl  to  Hca,  or  whether,  iiiul  wliat,  repaiiM  arc  iit'ce.swary, 
liavc  till'  lioiKir  to  report : 
1st.  That  the  ,>^lieiiaiuloah  i.s  not  in  a  tit  stuto  to  proceed  to  sea  as  asteaniship. 
•Jil.  TliMt  ii'iiairs  are  necessary. 

:i(l,  Tliiit  till-  |iart  or  partH  rc(|nirin<?  repair  beinjj;  tho  inner  stern-post  boariiiK  of  tho 
dcnwslialt,  the  extent  of  dannif^e  cannot  Ite  ascertained  without  the  vessel  bein}? 
sliimed. 

(.Si-,Mied)  CHAHI.K.^  li.  TAYXE. 

ALE.X.  \VI I.SOX, 

Enijiiieir-Surrvyor. 
DOlKiEA.S  ELDER, 
Superintendent  of  Marine  Yard, 

The  {jovernor'.s  inimite  (or  incinorniulum)  of  the  'M\  February,  referred 
to  in  tlie  forefioiiiy"  mimite  of  proeeediii,i;s,  ua.s  a.s  folK)\v.s  :■' 

Memorandum  for  the  commissioner  of  trade  and  euHtomit. 

I  liiive  to  retjp.est  the  honorable  the  conunissionerof  trade  and  cn.stoins  will  bo  so  jjood 
as  to  iiiiiUi'  arraiij^einent.s  for  obtainiii,<<;  daily  reports  of  the  proj^ress  of  the  I'cpairs  and 
inovisidiiini!;  of  the  Shenandoah,  and  ooiiiniiinicate  the  inforiiiation  obtained  to  nie. 

1  mil  sine  that  the  honorable  (Udmiii.s.siniier  will  take  every  preeantion  in  his  ])ower 
nijiriiist  the  iiossibility  of  the  ooiiiniander  of  that  vessel  in  any  dejjree  cxteiidinjj  its 
aniiiinu'iit  or  rcnderin}>;  the  present  armanieni  more  eliectivc. 

C.  H.  D. 

TooitAK,  Fehrnary  :?,  ISfio. 

On  tlie  lOtli  February,  1S()5,  the  con.snl  wrote  to  tlie  governor'  inclo.s- 
iiig  a  dej)o.sition  ou  oath  by  one  John  Williams,  who  had  been  a  i)risoner 
on  board  the  Shenandoah,  and  had  escaped  from  her  by  swimming 
a.shore  on  tlie  <>th  February.  In  this  dei)osition  the  said  Jolm  Williams 
stated  that  tifteen  or  twenty  men  had  joined  the  ship  since  her  arrival 
in  port,  and  were  concealed  in  various  parts  of  her,  and  that  three 
nthois,  who  were  wearing  the  ship's  uniform,  had  also  come  tiboard  since 
lior  arrival. 

The  course  pursued  by  the  colonial  government  with  ^'  *'erence  to  this 
and  other  matters  relating  to  the  Shenandoah  is  stated  lu  the  subjoined 
fnither  extract  from  the  minutes  of  the  executive  council  :^ 

Extract  from  the  miuHtcs  of  the  council, — Minute  65  /9  of  the  proceedings  on  the  I'Mh  February 

180-). 

His  excellency  states  that  Lieutenant  Waddell  had  replied,  to  the  coniniunicatioii 
which  it  had  been  agreed  to  address  him  at  their  last  meetinft,  that  lie  conkl 
[14'J]  not  name  a  day  tVir  proceeding  to  sea  "until  his  ship  is  taken  on  the  slip,  when 
the  anioinit  of  repairs  which  may  be  iuu;essary  could  he  ascertained  and  the  time 
estimated  in  which  they  cinild  be  effected,  lie  further  states  that  the  recent  gales  had 
l>ieveiited  him  fioni  lightiiuing  the  ship  to  the  necessary  draught  preparatory  to  plac- 
iiiKlieroii  the  slip,  but  that  he  hoped  to  do  soon  the  following  morning. 

The  opinion  of  the  attorney -general  on  the  application  which  has  been  made  for 
ppiiiiissioii  to  laud  certaiu  surplus  stores  from  the  Shenandoah,  is  also  laid  before  the 
coiiiicii. 

It  is  to  the  effect  that  the  permission  cannot  be  granted  bj'  the  government  of 
» ictoria,  consistently  with  a  strict  observance  of  the  rules  i)rescribed  for  the  main- 

1  Appendix,  vol.  i,  p.  518. 
-  Ibid.,  p.  529. 
» Ibid.,  p.  (506. 
*Ibid.,  p.  520. 


•I 


WT 


300 


TREATY    OF    WASHINGTON'. 


m 


'i:|i^ 


'  ■  v 


! 


<i 


■  t 


Mi'*' 


iiMjip:-- 


.        '"'Kf 


t«'iiaiic<>  «>f' iM'iifi'iility;  mirl  his  oxcfllciicy  iiit'orniH  tlm  coiincil  Unit  lin  lias  .'luHidiizcd 
ii  ('(iiiininiiiciitiiiii  to  tli(>  ciiiiiiiijiikIit  III'  tli<:  Sliciiiinilnali  to  tliiit  i'tt'<-rt. 

T\w  t'mllici'  report  of  tlic  lioaril  oC  survey  "H  tho  Slicniiiitloali,  after  viewini,'  tlmt 
veH.sel  on  tlie  .slip,  \h  also  Hiiltinitteil  ami  eoiiHidered. 

His  excelleliey  then  Htates  to  llle  eiinneil  lliat,  in  eiin^e(|Uene(^  of  a  lehel'  wliicli  li,. 
Iind  received  I'nnn  flie  United  States  eonsiil,  dated  tlie  l(»tli  instant,  and  incJoMn;;  n 
testimony  on  oath  of  one  .lojin  Williams,  he  had  deemed  it  his  duty  to  rel'ei'  it  l'<>r'tli(> 
('onsiderati(Mi  of  the  law-oftieers  of  the  Crown;  as,  |M'i<snmin<Lr  the  statements  iliei'iiii 
contained  to  he  correct,  it  wonid  appear  that  the  commander  of  the  Shi'naiMlmili  wn, 
ttikinj^  advanta;;!;  of  the  aid  and  comfort  which  had  heen  alfurdi'd  to  him  in  tlii>i  jiiirl. 
to  increase  the  nnmlier  of  Ids  «'rew  by  crdislin;;'  liritish  .snhjccts.  in  contraveiiiidii  di' 
the  foici;;n-eidistmenl>  act. 

In  conse(|nence  of  this  lefereiice  the  law-oHlccrs  of  tlie  Ciown  had  direct  id  the  altcml- 
ance  of  the  man  ,)ohn  Williams,  and  that  he  had,  with  other  nu'ii.  attended  tlmt  iniirn. 
in^'  at  the  ('rnwn  law-oltices,  and  had  nnide  statemenls  to  th<^  elfcci  that  a  nuiiiliii'  i,( 
men,  rcprcseiil  in;;  themsehcsio  lie  I'in<;'lislimen,  had  ^(iiie  on  hoard  the  ShcnaiiiidiiJi 
since  her  ani\al  in  this  port  with  lln^  intention  of  joining  her,  and  were  now  iim- 
fcalcd  on  Imard. 

The  ]aw-olili<'erH  liein^  of  opinion  that  there  was  sntlicieiit  evidence  to  tiike  steps  I'dr 
jirosecnIinK,  liad  instrncled  the  pidice  to  lay  infornnitions  against  these  men  for  a  niis- 
«lenH'anoi',  and  to  apjily  for  a  wanant  for  their  a))prehension. 

t)n  consultation  with  the  council,  it  was  not  considered  necessary  hy  his  excellciiry 
to  take  any  farther  steps  in  the  matter  nntil  the  result  of  the  |)olice-ol)ice  proceediii^r's 
Avas  known;  lint  Mr.  Francis  is  instrncted  a^aiii  to  inquire,  hy  letter,  when  lacatt'iiaiit 
A\'addell  would  he  leady  to  |iroceeil  to  sea. 

A  report  from  the  detective  ]iolice  at  SandridH,e,  of  this  day's  date,  on  matters  relat- 
ing' to  the  Shenandoah,  is  laid  upon  the  taiile  of  the  council ;  and  as,  from  inlnriiiatidii 
Avhich  had  rcachccl  the  Government,  somc^  sus]iicion  had  heen  attached  to  tiie  lanvc- 
ments  of  a  vessel  called  the  l')li  Whitney,  now  lyiny;  in  the  hay,  the  hnnoraliie  ilic 
comndssioner  of  trades  and  customs  nmlertak(!S  that  lier  movements  shall  he  carilully 
watched. 

'i'he  honorahle  the  attorncy-^ent^ral  then  suhmits  to  his  excellency  deiiositiuns  takiu 
on  oath  liy  eleven  peisons  iiefoi'c  the  consnj  of  tho  I'nited  Status,  in  Mcllionrnc,  wIiIlIi 
depositions  have  heen  placed  in  his  hands  hy  thu  consul. 

A  true  extract. 

(Siyned)  .T.  If.  KAV, 

Clvrk  of  llic  ('(iiiiicil. 

The  opinion  of  the  {ittovncy-ftoncral  of  the  colony,  referred  to  in  the 
foreyoin^'  minute,  was  as  follows:' 

Section  41  of  act  No.  II?  is  not  ajipliciilile,  in  my  (ii)iin()n,  to  this  case.  Even  if  tli.' 
Shenandoah  ha  re;;arded  as  a  ship  having  a  commission  from  a  f<irei^u  state  witliiii 
tho  meaning'  of  the  S(!ction,  the.  section  does  not  authorize  tho  master  of  such  a  ship  to 
land  jfiiods  without  suhmittinj;  to  t\ui  rules  of  tlie  customs,  Imt  imposes  a  iienalfy  nn 
him  for  not  deliverMi<|  an  account,  in  writiufr,  «>f  the  <inality  and  (luantity  of  ffmh. 
&C.,  on  lioai'd.  The  account  is  not  stated  to  have  been  deliver('d;  and  if  it  hail  luiii. 
the  master  is  not  empowered  to  land  the  ;:;oods,  altluiugh  the  customs  ollicers  have  tln' 
rifi'ht  to  do  so.  subject  to  the  regulations  in  force  respecting'  Her  Majesty's  shijis. 

I  am  not  awaie  that  there  is  anythinjj:  in  the  customs  .act  that  wiiulil  make  the  ri'laxa 
tion  of  the  customs  lennlations  now  asked  for  absolutely  ille^'.al.  Ihit  1  am  of  d|iiiiinn 
that  the  ]iermission  that  is  soujj;ht  (.'annot  be  "granted  consistently  with  a  strict  oIisltv- 
imce  of  the  rules  prescribed  for  the  maintenance  of  ncutralitv. 

(Sijrncd)  GEO.  HKilNliOTHAM. 

Ckown"  I.aw-Officks,  Febrnai'ij  (!,  1805. 

The  further  report  of  the  board  of  survej',  also  referred  to  in  the 
foregoing  minute,  was  as  follows  :^ 

Fnrthcr  rcjtovt  on  the  voiijhlcmfc  steamship  Shenandoah. 

The  Shenandoah  havinj;'  been  hauled  nj)  on  the  patent-slip  at  Williamstown.  wo,  tlu' 
nndersi^ned,  proceeded  to  hold  a  survey  on  the  damage  siistaineil  to  the  fdrwanl 
bc'iriiifi  of  the  outer  leiijj;th  of  the  screw-shaft,  and  liiid  as  follows,  viz  : 

1st.  TluMij^uuni-vita!  staves,  fornnng  the  bearing  for  the  forward  end  of  the  outor 


--P9 --  ' 7 (-,        

nj^tli  ot  the  screw-shaft,  arc  entindy  displace .1. 
'^d.  That  the  inner   stern-post  bracket,  in  vvhi 


lenj^th 


hich   tho   staves  of  lignuin-vitiu  arc 


*  Appendix,  vol.  i,  p,  521. 
2  Ibid.,  p.  522. 


Ill'   Mttcllll- 

tliiit  iiiiini- 

lUUlllirr  III' 

licnaiKliiiili 

now     CDII- 

;c  sti'Hs  t'lir 
I  fill'  II  iiii>- 


itimis  tiikt'U 
llllll',  wliii'li 


CASE    or    ORKAT    lUMTAIX. 


301 


IH 


rir»0]  litti'cl.  f'liniiiijj  "also  tlio  support  dn-  tin'  fitn-niost  oiiil  of  tho  Hcrt'w-rniiiu 
I'liU'tui'i'il  1)11  tlic  Ht.u'lxiai'il  .sitit'  to  III)'  ••xii-iit  of  altoiil  1  IiicIicn. 
3(1.  'riiiil  tiii'Nc  repairs  (iHTCMsiiry  to  n'liilci'  tlic  .HtfaiiiNliiii  Hcawortliy)  can  bo  cfl'i'uted 


ill  or  aliiiiit  livi'  cicai'  workiii^j-diiys  lV«»m  tlil.s  diite. 

(SiKiinl) 


CilAK'F.KS  H.  I'AYNK. 

I,nlv  l.iiiihuiiiil,  Itoi/itl  Sun/, 
Al.KX.  WILSON. 

h'iKi'nii  ( r-Siti'i'i  i/ar, 
DorOl.AS  Klj)!',!,'. 

jSn(i(riiili  nildil,  Marine  Yurd. 


\Vn.i.iA>i«r«»WN',  Frhninrif  10,  ]i^(\'>. 

Oil  tlio  siinu^  l.'Uli  of  I'^'l^nl!ny  ii  wjirriuit  was  frnintHl  l)y  a  iiiajiixtrato 
.it  Williaiiistowu  tor  tlu'  apprcliriisiou  of  a  man  Uiiowii  as  Jaiiu's  David- 
soii,  or  "('liarlc.v,''  wlio  was  stat<Ml  to  1m'  (MtriccahMloii  hoard  the  Sliciiau- 
(Idiili.  Tlir  siipciiiitcndnit  of  police,  who  was  <'har;;('d  witli  llic  oxccii- 
tioii  (»r  tin'  waiTant,  wnit  on  boai'd  the  ship,  hut  was  not  pt'iniitlcd  t(- 
st'iircli  her,  and  was  iinablo  to  appiclu'iid  the  nniii  of  wlioin  lie  was  in 
i|ii('st.  Th«'  sii]u'rint*Mid(.'nt  re[K)it«'d  as  follows  to  tlu'  chief  coniinis- 
sioiiLT  of  polieo : ' 

Sui>ci'iiiltn<lfiil  LyltMon  to  the.  chivf  cuninih'iionrr  of  police,  MeUmiinie. 

l'oM(;i:  DiJ'Aitr.MKNT,  Si.i'i;uintkni)I';nt's  On k  r., 

MilliDiinir,  l-'ebrtiunj  II,  l-T)."!. 
Siis:  I  liavo  tlio  honor  to  inform  yon  that.  actin;j  on  yoin-  MiHlrnrtioiiH.  I  piocfi'ih'd 


•vcnin"'  to  till'  <((nt'i'(lfvatf  war-stcainci'  ShfiiiUMloah,  with  a 


Irani  liir  I  In 


■^t 


mil  Iviiown  as  Cliarh'V,  stated  to  liavc  ilii'tialiv  cnij- 


d  liiniscll'  (III  hoai'il  III'  th(> 


■.cssci.    1  iislicd  lor  (.'ai>tiiin  W'aildclK  lint  was  int'oinn'd  tliat   Im  was  noi  (ot  Imaid.     I 
iJH'ii  iiskcd  I'or  tlic  olllccr  in  char}.;!',  saw  liiiii.  and  olilaincd  iicnnissiini  hi  y^n  on  limud. 


mill  tl 


lliccr  my  inisini'ss,  and  n'(|in'stc(l  that  Ik^  »•   nihl  'illow  me  I 


o  si'c  till'  llli'll.  111! 


1,  ill  order  that  1  mij-nt  cxecntc  inv  warrant.     Ii     I't'l'n.si'd  to  allow  iiw.     ili'  tlirii 


liiiai'i 

-liiivvt'il  nil'  tlic  ship's  avticlcs,  and  asked  in<'  to  point   on*  the  name  of  the  man,  wliidi 

1  was  imalihi  to  do.     I  showed  him  my  warr.dit.  which  ho  looked  over,  and  ret  nniinjjc 

il  to  nil' he  said,  "That  is  all  iij;ht,  hnt  yon  shall  not  f^o  over  the  ship."     lie  told  me  I 

had'    Iter  I'cturn  when  HHM'a|ilain  was  on  lioard;  hiit   as  ho  could   not  say  at  what 

liiiir.  ho  would  prohahly  return,  I  told  him  that  1  would  see  tho  ca|itain  tlu^  I'ollowinijj 

ilay. 

Tills  niorniu}!;  I  went  aj^ain  to  tho  Shenandoah,  and,  after  statinij  my  hiisiness.  was 
allowed  on  hoanl.  I  told  Cajitain  Wadilell  that  1  was  int'oniied  he  had  jicrsons  du 
Imaiil  who  had  joined  his  vessel  here,  and  that  inl'orinaticms  iiaviiiff  hceii  sworn  to  that 
I'li'iit,  I  had  a  warrant  with  mc.  Ihs  said,  "I  plcdi.i;e  you  my  wiu'd  of  honor  • -;  i'.ii 
otliciT  and  a  oentlenniu  that  I  have  not  iuiy  one  on  hoard,  nor  have  1  eiioaircd  an.y 
line,  nor  will  I  while  I  am  here."  I  said  I  understood  that  the  i)crsoiis  I  wanted  were 
wi'ariiijf  the.  uniform  of  the  (Jonfederato  States,  and  were  workiiijj;  on  hoard.  This  ho 
ilistinctly  (hiiiied.  He  oll'oi'ed  to  show  nu' the  ship's  artielos,  but  I  declined,  and  told 
liiiii  that  I  had  .seen  them  last  oveniii;^;.  I  then  asked  him  to  allow  nu;  to  ;;o  over  tho 
iliiji,  and  sec  if  the  men  I  wanted  wei'e  on  hoard.  This  he  refused  to  do.  I  said  I 
must  try  to  exeoutcniy  warrant,  (!veu  if  I  had  to  use  fin-et  llo  said  he  would  uso 
t'liiee  to  resist  1110,  and  that  if  ho  was  ovco'coiue,  ho  would  throw  uji  his  ship  to  tho 
,:;i)Vi'iiiiiu'nt  licn^  and  j;-o  home  and  report  the  matter  to  his  ^iovornment.  Ife  sai<l  that 
111'  dare  not  allow  me  to  seaieli  lii.s  shi|i ;  ■•  it  was  more  than  his  commission  was  worl  li ; 
.mil  tliiit  such  a  tliin;^'  would  not  be  attempted  by  the  ^overnmenr  to  a  'dii[)  of  war  of 
any  other  country."  He  said,  "It  was  only  iiy  courtesy  that  I  was  allowed  on  board," 
and  that  he  cmisidei.  >l  "a  j^reat  sli<f|it  hail  been  put  upon   him  by  sendiim n'e  to  tiio 


•niji 


with  a  warrant."'     He  said  he  thoimht  that  his  "word  should  have  been  taken  ii 


incti'ieni'i'  to  that  of  uie 


rlio  had  proliably  deserted  from  the  ship,  and  had  lieen  imt 


"11  to  aiuioy  liim  by  the  American  consul."  He  saiil  that  if  I  took  one  man  [  niiulit 
(■nine  afterward  and  take*  tifteiMi  or  twenty,  and  that  tho  American  consul  would 
lni'liaps  lay  an  information  ajraiiiKt  him  as  bciiij;  a  '•buccaneer  or  pirate."  He  said  he 
tiioiinht  that  lit;  had  been  "very  badly  treated  here  b.v  theiiolice  refusini-- to  assist  him  in 
ii'i'estiiijr  iiis  deserters.''  Before  It^aviu"-  I  asked  him  aj^ain  if  he.  refused  to  jillow  mo 
til  look  for  tho  man  for  whom  Inula  warrant  in  inv  hand.  He  reidied  .\es,  that  ho 
ilul  refiiw',  and  that  ho  would  '  .  ^;ht  his  ship  rather  than  allow  it."     1  theii  left. 


I  am,  &c 

{.Signed) 


THOMAS  LYTT  I.irrON, 

Sujteriutendent. 


1  Appendix,  vol.  i,  p.  524. 


?    'MM 


;9-2 


TREATY   OF    WASHINGTON. 


This  report  \ras  on  the  Siime  14th  February  laid  by  the  jyovernor 
before  tlie  executive  council  for  consideration,  as  ai)i)ears  by  the  sub- 
joined further  extract  from  the  minutes  of  the  council  :^ 

E.itrmt  from  the  mi.  ttes  of  the  coiiiicil. — Minnie  (w/lO  of  the  inveeediiiys  on  the  Ut]i 

I\t))uarii,  1?!G5, 

Tlio  ooiiiicil  !U'o  spcciiilly  snininoiu'il  to  eonsidor  Ji  report  from  Police  SnporiiitciKlt'iit 
LyftU'tnn,  to  wliom  liad  been  iiit rusted  the  warraiit  ineiitioiied  in  yesterday's  iiid- 
eeediiij;s,  lor  tlie  iU're^t  of  a  Britisli  s)il>jee,t  known  as  "Charley,"  who  was  stated  on 
oath  to  have  ille};allyenlisted  himself  on  board  the  confederate  ship  Sheuaudoab. 

Tlie  report  is  read  to  the  council. 
[I'll]  'His  cxcelleney  tiien  draws  the  attention  of  his  advisers  to  the  <;ravity  nf 
till'  present  state  of  atVairs  as  respects  tin;  confederate  steamship  Sheiiiinddali, 
and  i)oints  out  that  as  the  ordinary  course  of  the  law  has  been  frnstrat(!d  by  AViliiiuii 
"Waddidl  refusin,u,'  to  allow  the  execution  of  a  warrant  issued  upon  a  sworn  ini'(iriii;iti(iii, 
it  becomes  necessary  to  consider  what  steps  should  now  be  taken  to  enforce  tlie  iiiiiiii- 
teiianee  of  neutrality. 

After  full  consideration  of  the  instructions  issued  by  Her  Majesty's  govornnieiit  for 
the  oliservanee  (d' ueni  lality,  and  some  discussion  upon  the  ijiu'stion  of  tlu;  riylit  of  tlic 
government  lo  enforce  the  execution  of  the  warrant,  tln^  council  advise;  his  (■xcelhiicy 
to  direct  the  honorable  the  connnissioner  of  trade  and  customs  to  write  to  LieuteiKiiit 
Waddell  and  i-ei|Uest  tlnit  oflicer  to  reconsider  iiis  expressed  det(U'iuination  to  resist  hy 
force  the  execution  of  the  warrant ;  and  further  to  iidbrni  him  that,  pendinj^  Jiis  rejily. 
the  jiermission  which  has  been  gran  ed  to  him  to  repair  and  take  in  supplies  has  Ixtu 
suspended  by  the  j^overnor. 

liis  <'xcelleney  then  issues  a  direction  under  liis  own  hand  that,  upon  the  receipt  of 
an  instiuction  to  that  ed'ect  from  th(>  chief  connnissioner  of  police,  none  of  Her 
Majesty's  subjects  in  this  colony  are  to  render  any  aid  oi'  assistance  to  or  perforin  iiiiy 
Avork  in  respect  to  the  so-called  confediuate  steamship  iShenandoah  or  in  launching  tin 
same. 

His  exeelleiu-y  further  directs  that  the  chief  connnissioner  of  police  be  instrncteil  to 
f*ned  seme  jiolice  to  Williamstow  n,  to  take  care;  that  the  direction  above  nieidionecr  is 
duly  observed  by  Her  ^lajesty's  .subjects,  and  that  the  oflicer  in  charge  of  this  iorcu  \w 
strictly  enjoined  to  ])revent  any  cidlision  between  the  police  and  the  ollicers  'Uid  nit-ii 
of  the  Slunandoah,  and  that  no  obstruction  in  any  manner  wluitever  is  to  be  »licml 
to  their  movements. 

Tn  pursuance  of  the  advice  of  the  council  the  followin{.>-  letter  was  on 
the  .same  14th  February,  1S()~),  addressed  to  the  couuiuinder  of  tlio 
Shenandoah  by  the  governcjr's  direction  :- 

Cl.stoai-Housk,  Melhom-nv,  Fchrndi-ij  14,  Wm. 

Sii! :  I  am  directed  by  bis  excellency  tin;  governor  to  state  that  it  has  been  repi/itnl 
to  the  gdvernnient  that  you  have  refused  to  allow  tin;  execution  on  board  the  .S1h'ii;iii- 
doah  (d'  a  warrant  issneil  upon  the  sworn  information,  according  to  law,  allegiiij;  tliat 
a  British  subject  is  on  board  rhat  vessel  who  has  entered  tin;  service  of  theC'onfedcniti' 
>«tates  in  violation  of  the  Jbitish  statute  known  as  the  for(dgn-enlistment  act;  tliar 
it  is  not  consistent  with  the  JSritish  law  to  accept-  any  contrary  de(daration  of  I'luts. 
Avhatever  respect  be  due  to  thi  person  from  which  it  proci^eds,  as  sul'licient  to  jnstily 
the  non-execution  of  such  warrant;  and  that,  inorttover,  it  is  conceived  that  this  gov- 
ernnient  has  a  right  to  expect  that  those  who  are  receiving  in  our  port  the  aid  ami 
assistaute  whiidi  they  claim  as  a  Ixdligerent  uuiler  the  (^u<!en's  i>roclannition  should  not 
in  any  way  oppose  lu'oceedings  intended  to  enforce  the  maintenance  of  neutrality. 

h  will  lie  ajiparent  to  you  that  the  execution  of  tiie  warrant  is  uticessary,  in  onlci'to 
enable  the  goveiiunent  to  bring  to  justice  those  upon  wh',  e  depositions  the  waiiaiit 
Avas  iss'.ied,  if  the  statements  in  those  depositions  should  i)r^  vo  false  in  fact. 

In  liiis  \  iew  you  are  a])]>ealed  to  to  reconsider  your  determination,  and,  jiendinj;  fni- 
ther  information  from  you,  whi(di  yon  ar<;   requested  to  make  with  as  littli!  delay  as 
pissible.  the  perndssion  granted  to  yon  to  rejiair  and  take  in  supplies  is  suspended,  uiid 
Her  Majesty's  subjects  have  been  duly  warned  uceordingly. 
1  have,  A:c., 
(.SigiRHl)  JAS.  G.  FRANCIS. 

J.  J.  W.VDDKI.T,,  Ksfp, 

Lieutenant  Commandinfi  Confederate  Statex  Steamer  Shennndoah, 

'Appendix,  vol.  i,  p.  5U4. 
-Ibid.,  p. ()43. 


yroccedhiffs  on  Ihc  UtJt 


CASE    OF   GREAT    BRITAIN. 
To  this  letter  the  following  rei>ly  was  received  :^ 


393 


Confederate  States  Steamer  Shexaxixiah, 

Fibruary  14.  l^r»5. 

8n: :  I  am  in  the  receipt  of  your  letter  of  this  date,  in  -nliicli  yoii  infonii  me  tliat  you 
have  1)eeii  dinicted  l)y  his  excellency  the  governor  to  state  that  it  has  been  reported  to 
the  government  that  I  have  refused  to  allo\v  the  execution  on  hoard  the  .Sh'Miandoah  of 
a  waiTiint  issned  npon  sworn  information,  accordinLj  to  law.  alle-iin,:;  tliat  a  liritisli  sub- 
ject is  on  hoard  this  vessel  who  has  entered  tin;  service  of  the  ConlVderate  States  in 
vii)liitii)n  of  the  British  statute  known  as  the  foreij^n-enlistineut  act,  and  that  it  is  not 
(■(insistent  with  the  British  law  to  aece[»t  any  contrary  relation  of  fa  :ts,  whatever 
R'siu'ct  l»e,  due  to  the  person  from  whom  it  proceeds,  as  sutlicieut  to  justify  the  uou- 
(xociition  of  such  w  arrant.  I  am  then  appealed  to  to  n-consider  my  determination,  and 
the  letter  concludes  hy  inlormin<;'  me  that,  ]icnding  a  further  iutimatiou  from  me,  the 
poniiissidu  fjranted  to  repair  and  take  supplies  is  suspended. 

I  have  to  infoini  his  excellency  the  jroveruor  that  tin,'  execution  of  the  warrant  was 
not  refused,  as  no  such  person  as  the  one  therein  s])eci(ied  was  on  hoard,  lint  permis- 
sion to  search  tiie  shi)>  was  refused.  Accordinj;'  to  all  the  laws  of  nations,  the  deck  of  a 
vessel  of  war  is  considered  to  repnsseut  the  majesty  of  the  eountty  wlusse  Jlaj;  she  flies, 
and  slie  is  free  from  all  executions,  except  for  crimes  actually  committed  on  shore, 
when  a  demand  jnust  be  nuide  for  the  delivery  of  srch  pt^rsoii.and  the  execution  of  the 
warnuit  iierformed  l)y  the  ]iolice  of  the  shii).  Our  shii)))in;;-artich'S  have  beeu  shown 
to  tlie  .superintendent  of  police.  All  strangers  hav«!  been  sent  out  of  the  sliip.  and  two 
CDiniuissioned  oilicers  were  ordered  to  search  if  any  su(di  hav<.-  been  left  on  board. 
[ir>'2]  They  liave  reported  to  me  that,  "after  m  iking  a  thorough  search,  they  can  tind 
no  person  on  hoard  except  those  who  entered  this  port  as  part  of  the  coniplemeut 
of  men. 

I  tiierefore,  as  commander  of  the  ship,  representing  my  govemuient  in  British 
waters,  have  to  inform  his  excellency  that  there  are  no  iiersons  on  board  this  ship  excejit 
tliose  whose  names  are  on  my  shipi)ing-articles,  aiut  that  no  one  has  been  enlisted  iu 
the  service  of  the  Confedi.'rate  State* since  my  arrival  in  this  port,  nor  have  I  iu  any 
way  violated  the  neutrality  of  the  port. 

And  I,  in  the  name  of  the  government  of  tin?  Confederate  States  of  America,  hereby 
enter  my  solemn  iirotest  against  any  obstruction  which  may  cause  the  deteutiou  of  this 
shin  ''1  '''•''  port. 
I  have.  «S:c., 
(!>igned)  JAS.  .J.  WADDELL, 

Liciiiciuuil  Commaud'uiy,  CuiifuhruU  !>tah>s  Xart/. 

Foil.  ,Tas.  G.  Fuancis, 

Commisiiioiur  of  Trade  and  Cniitom><,  Mdhonrne. 

Late  in  the  evening!;  of  the  same  day  (14tli  February)  four  men,  who 
liad  been  on  botird  the  Sheniuidoah,  were  ai)i)reliended  by  the  police 
under  the  circumstances  stated  iu  the  subjouied  report : 

Siqycrintendent  Lytlkton  io  the  chief  commkaioner  of  police,  Mtlbfnirne.- 

I  have  tli(!  honor  to  inform  you  that,  acting  on  your  instructions,  I  proceede*!  yester- 
day, at  4  ]).  ni.,  to  Williamstowu,  and  took  possession  of  the  slip  on  v.hica  the  confed- 
erate vessel  Shenan.loah  is  phuM'd.  I  cleared  the  yard,  and  would  not  allow  any  work- 
men to  go  on  board  the  ship.  At  about  10  o'clock  p.  m.  four  men  left  the  .Shenandoah 
in  a  boat,  pulled  by  two  watermen.  They  were  followed  by  the  water-polii-e.  who  were 
unable  to  come  up  with  them  until  1h(;y  got  to  tlu!  railway-station.  They  were  then 
itipu^sted  to  come  back  and  see  uie.  I  (]Uestioiied  them,  and  they  tohl  nie  that  they 
had  been  on  board  a  few  days  unknown  to  the  captain,  and  that  as  s<>on  as  he  found 
tliey  were  on  board  he  ordered  them  to  go  on  sl'.(uc.  I  have  detained  these  men  in  cus- 
tody, and  have  written  to  the  American  consul  reniu'sting  him  to  forward  s<jme  one 
who  may  be  able  to  identify  them.  The  tug-.stcamers  came  at  4  this  morning  to  tow 
the  Shenandoah  otf.  I  ordered  them  oil',  and  reipiested  Captain  Ferguson  not  tosupply 
tlie  ship  with  a  pilot.    I  am  still  in  charge  of  the  slip. 

1  liave,  &c., 

(Signed)  J.  LYTTLETON. 

The  four  [ifersona  so  api)relieuded  were  on  the  IGth  February  taken 
before  a  magistrate  and  charged  with  having  violated  the  ft>reiguenlist- 
lueut  act  by  oulisting,  or  atteuiptiug  to  enlist,  in  the  confederate  service. 


'■m 


Pi 


'Appendix,  vol.  i,  p.  G44. 


*  Ibid.,  p.  527. 


w 


394 


TREATY    OF    WASHINGTON. 


iW^" 


^  I 


m 


It 


One  was  diseliarjied,  beiiiji:  an  American ;  the  three  others — one  of 
whom  was  identified  as  being  the  man  known  as  James  Davidson  or 
Charley — were  committed  for  trial. 

On  the  15th  of  February  the  lessee  of  the  slip  on  which  the  Senandoali 
was  being  repaired  wrote  to  the  chief  secretary  of  the  colony  stating 
that  his  manager  hati  informed  him  that,  should  a  gale  of  wind  aris" 
he  (ti»e  manager)  would  either  be  compelled  to  launcli  the  ship  or  rnn  i, 
great  risk  of  her  sustaining  serious  damage  in  consequence  of  her  tuisalv 
position  on  the  cradle.' 

This  communication  was  laid  before  the  executive  council,  and  tlio 
governiu',  by  the  advice  of  the  council,  determined  that  the  onlci'  by 
whi(;h  the  i)ermission  to  rei>air  had  been  suspended  should  be  rcNokoil. 
and  the  vessel  allowed  to  complete  her  necessary  re[)airs,  hen'  com- 
mander being  at  the  same  timi'  told  that  he  was  expecjted  to  use  every 
dispatch  in  getting  to  sea  by  the  tinu^  previously  lixed.- 

A  comnuiuication  to  this  ctfect  was  accordingly  made  to  Ooiuniandt'r 
Waddell,  who,  in  acknowledging  it,  reiterated  his  previous  denials  in 
the  following  terms :  ' 

Tlu!  four  intiD  iillndctl  to  in  yonr  connmniication  JU'O  no  piirt  of  tliis  vcsscl'.s  edniplc- 
lueiit  ot' nifii ;  tlii-y  -wen"  dt'ti-cti'd  on  lioai'd  by  the  sliiit's  i)(>li',-o  aftur  all  sf  ranifcrs  wi-ic 
re]t()rtert  out  of  tl.c  vossol,  and  tlit'y  wcri'  ordt'iod  and  8t'i'ii  out  of  the  v<'.-is('l  liy  tlic 
ship's  poli('(^  iniiiii'diatoly  on  tlicir  discovery,  which  was  after  my  letter  had  liccii  dis- 
patdied  inforniin^  his  excellency  tin-  uovernor  that  there  were  no  such  jiersuns  mi 
hoard.  These  men  were  here  without  my  knowledji'e,  and  I  have  no  dowltt  caii  W 
proi)erly  called  stowaways,  and  such  they  would  have  remaineil  hut  for  the  vi;;il,iiii(' 
of  tln!  shi]i's  jjolice,  inasmuch  as  they  were  detected  after  the  third  search  ;  lint  in  im 
way  can  I  he  accused,  in  truth,  of  being  coguiziint  of  au  evasion  of  the  foreign-enlist- 
ment act. 

The  Shenandoah  (juitted  Port  Philip  on  the  morning  of  the  18th  Feb- 
ruary, 18G5. 

On  the  18th  February,^  after  the  ship  had  sailed,  the  consid  of  tlio 
United  States  sent  to  the  governor  a  declaration  on  oath  pnr- 
[153]  porting  to  be  made  by  a  man  named  Forbes.  *The  declination 
was  to  the  ert'ect  that  about  4  p.  m.  on  the  17  i  February  Forbes 
had  seen  on  the  pier  ai  Sandridge  live  men,  (most,  if  not  all,  of 
whom  were  stated  by  him  to  l)e  P>ritish  subjects,)  and  that  one  of  these 
told  him  that  they  and  others  were  going  on  board  a  bark  called  tlie 
Maria  Eoss,  then  lying  in  the  bay,  and  were  to  join  the  Shenandoah 
when  she  was  out  at  sea,  and  that  boats  from  the  Maria  Ross  were  to 
come  for  them  at  live  o'clock.  The  eoiisid  stated  that  Forbes  had  come 
to  his  (the  consul's)  olVice  with  this  intelligence  at  about  5  p.  ni.,  and 
had  been  taken  by  him  imnu'diateiy  to  the  ollice  of  the  Crown  scdicitor, 
Avith  the  view  of  laying  an  i'llbrmatioii.  but  {hat  the  Crown  solicdtor  bad 
refused  to  take  the  information,  wliireby  au  endeavor  to  prevent  a  vio- 
lation of  the  neutrality  of  the  port  had  been  defeated.  The  consul 
inclosed  also  a  statement  by  :;  ]Mr.  Lord,  who  had  a(;companie<l  him  to 
the  Crown  s(dicitor.  Tliis  .statement,  after  giving  an  account  of  tlie 
interview,  proceeded  as  follows :  •"' 

We  left  and  went  !i  ■s^  to  the  olhce  of  the  chief  commissioner  of  ))olice.  and  nn^ 
Jinding  either  him  or  Mr.  Lyttletou  in,  we  drove  to  the  houses  of  Parliament,  and  en 
sending  ,> our  name  to  the  attorney-general  hi'  at  once  eanu^  out  and  asked  us  iiile  tlie 
side  room  ;  be  patiently  listened  to  all  you  had  to  say,  and  then  suggested  that,  if  you 
would  place  the  matter  in  the  .shape  of  an  allidavit,  he  would  lay  it  before  his  nil- 
leagiu's ;  that  a  verbal  statement  was  not  sulHcicnt  for  the  government  to  prorccd 
upon.  We  then  left  and  drove  to  the  olUie  of  the  dett!ctive  police,  and  .saw  Jlr.  Nii'h- 
clsou,  the  chief,  who  heard  the  man's  statement  in  full,  but,  as  ho  could  not  act  with- 


'  Appendix,  vol.  i,  p.  528. 
3  Ibid.,  p.  64(5. 
6  Ibid.,  p.  611^.    . 


2  Ibid.,  p.  526. 
*  Ibid.,  p.  616. 


CASE    OF    GREAT    BRITAIN. 


395 


out  a  warrant,  advised  ns  to  go  to  the  police  magistrate,  Air.  Stiirt,  and  got  a  -warrant ; 
then  111'  would  at  once  act  upon  it.  Leaving  there,  we  went  to  the  residence  of  Mr. 
Start,  in  Spencer  .street,  who  received  yon  very  politely,  liBtened  to  whiit  yon  had  to 
sav,  cxaiiiineil  the  man,  hnt  .stated  that  he  could  not  take  the  resi»on,sil»ility  of  granting 
II  warnint  on  tiie  evidence  of  this  man  alone,  and  advi.sed  yoiu-  going  to  Willianistowu 
to  Mr.  ('iill,  wlio,  jieiliaiis,  would  he  in  i'ossessiini  of  eorroiiorative  testimony  through 
the  water-police.  We  tlu^n  left,  it  heing  about  half  ])iist  7,  and  you,  finding  such  a  dis- 
inclination in  any  one  to  act  in  the  matter,  decided  to  take  the  deposition  yourself  and 
send  it  to  tlu!  .'ittorney-general,  leaving  it  to  the  government  to  take  such  action  on 
it  lis  it  niiglit  deem  ^troper.  (Joing  to  your  consnlat(!  the  deposition  was  taken,  and  a 
coiiy  inclosed  to  the  attorney-g  Micral,  with  a  reipiest  for  me  to  deliver  it. 

Itodk  it  to  tile  houses  of  rarliameut,  which  1  found  closed,  and  it  being  then  late, 
iiliont '.•,  I  dccideil  it  was  too  late  to  sto])  the  shipment  of  the  men,  ns  we  understood 
tlic  vessel  was  to  leave  at  5,  ami  I  went  home  and  rt'tiiriied  the  h'tter  to  yon  on  Siitur- 
(lav  moriiing.  I'ri'vious  to  going  home,  however,  I  again  went  to  the  detective  ollice, 
si\v  Jlr.  Nicliolson,  told  him  how  yon  had  been  incveiited  from  getting  the  evidence 
hl'oi'i'  till?  goveinmcnt  in  the  shape  tlu-y  rcfin'red  it.  He  expressed  his  regret,  bufc 
I  mild  not  act  in  so  important  a  matter  without  a  warrant. 

The  consul  coinplaiiietl  that  the  langunjie  and  manner  of  the  Crown 
solicitor,  in  refu.sing  to  take  the  information,  had  been  insulting  to  him. 
The  consul's  letter  was  answered  as  follows  :^ 

Mr.  Warde  to  Mr.  lilanrhard. 

Fi:ni!(Ai!V'21,  Ibft'. 

Si!! :  I  am  desired  by  his  excelhmcy  the  governor  to  acquaint  yon  that  he  received 
yonr  letter  of  the  If^tli  instant  in  the  afternoon  of  that  day,  Saturday,  and  that  on 
Moiiilay,  tlie  •^dth,  he  ciinsed  it  to  be  refeired,  through  tlie  honorable  tin;  attorney- 
-(iiiiai,  t"  the  (.'rown  solicitor  for  any  explanation  he,  might  wish"  to  olfer. 

•,'.  After  stating  that  it  was  only  in  (Mmsecinence  of  his  accidentally  returning  to  his 
iiliicc  at  half  jiast  5  ]).  m.,  after  it  had  been  closed  for  the  day,  that  the  interview  be- 
tween yon  and  himself  occurred  at  all,  Mr.  (Jiiriier  states  that  he  infoiined  yon  that, 
not  lieing  a  magistrate,  he  could  not  tak(!  an  information,  and  adds  that  h.-  was  in  a 
liiiiry  to  sav(?  a  railway-train,  and  tluu'efore  left  more  suddenly  than  he  othtsrwiso 
<lioiil(l  have  done;  hut  he  positively  asserts  that  neither  in  manner  nor  language  did 
lie  insult  yon. 

:{.  His  excellency  feels  sure  that  the  Crown  solicitor's  tone  and  manner  have  been 
iiii.sapiuclieiided,  and  confidently  assures  yon  that  there  was  no  intention  on  the  ])art 
oltliiit  otlicer  to  fail  iu  the  respect  due  to  your  position  as  the  consul  of  the  United 
States  (if  America. 
I  have,  &e., 
(SigiuKl)  N.  L.  WARDE, 

rrirate  Secretary. 

From  circumstances  which  were  discovered  after  the  sailing  of  the 
Slienaiidoah,  there  was  reason  to  believe  that  a  number  of  men  had 
SOUP  .secretly  on  board  of  that  vessel  during  the  night  of  the  ITtli  Feb- 
luiiiy,  and  tliat  they  went  to  sea  in  her  and  became  i)art  of  her  crew. 

Tlie  governor  reported  this  fact  to  Iler  ^Majesty's  government,  and  at 
the  siiine  time  sent  to  the  governors  of  the  other  Australian  colonies, 
and  to  tiie  governor  of  New  Zealand,  letters  in  the  following  terms:- 

[hi4]    ^Gonrnor  Sir  C.  Darliiifj  to  gorrriiom  of  Jiistralian  colonics  and  Xcw  Zialtiud. 

GovKiiMi'.NT  lIursK,  Mclhonrnc,  luhnidr;/  27,  leOo. 

i^lit:  I  consider  it  my  duty  to  place  yonr  excelh^iic.N  in  possession  of  the  acconipany- 
ni;;  eorresporidence  and  other  documents  connected  with  the  proceedings  of  the  coin- 
iiiamler  of  the  (lontc'derate  .States  vessel  Shenandoah,  while  lying  in  Hobson's  May,  for 
tlie  iiur[)(ise  of  having  necessary  repairs  effected  and  faking  in  supplies,  under  permis- 
'^ii'n  K'aiited  by  me  in  accoidauce  with  the  c(Miditions  ])resLribcd  by  Her  Majesty'.s 
liidelaiiiation  and  instructions  for  tht)  observance  of  neutrality. 

V.  I  have  also  the  honor  to  forward  copies  of  hitters  from  tlie  chief  conunissioner  of 
I'lilitc  in  Victoria,  accompanied  by  reports  and  statements  which  1  "ave  no  doubt  that 
the  neutrality  has  been  flagrantly  violated  by  the  commander  of  thi  Shenandoah,  who, 
after  having  assured  me  of  his  intention  to  respect  it,  and  pleaded  the  privilege  of  a 


'Appendix,  vol.  i,  p.  618. 


» Ibid.,  p.  565. 


i  '<  i\ 


396 


TREATY   OF   AYASHINGTON. 


a'l,' 


n  I  1^1 


belligerent  sliip  of  war  to  prevent  the  execution  of  Avarrants  under  the  foreiffn-enlist- 
nient  act,  nevertheless  received  on  board  his  vessel,  before  he  left  the  i»ort  on  tin;  Ifitli 
instant,  a  considerable  number  of  men  destined  to  auj;uient  the  shiit's  oonipany. 

;{.  I  liav(;  tI)on<;ht  it  rij^ht  to  conununicate  to  your  excellency  this  infoi  inatioii,  in  fli,. 
event  of  Lieutenant  Waddell  or  any  of  his  ollicers  hereafl<;r  claiming  the  privilij^us of 
a  belli<j;erent  in  any  port  of  the  colony  under  your  government. 
I  have.  «Si:c., 
(Signed)  C.  H.  DARLING. 

The  three  persons  who  had  been  committed  for  trial  on  the  charoo  of 
liavino;  taken  service  or  agreed  to  enlist  on  board  the  Shenandoah  weic 
brouj^ht  to  trial  on  the  17th  March,  1805,  at  the  criminal  sessions  ot  tlie 
supreme  court  of  the  colony  of  Victoria.  One  was  found  guilty  by  the 
jury  an<l  another  ])leaded  guilty,  and  these  two  were  sentenced  to  ten 
days'  imprisonment.' 

The  judge,  in  i)ronouncing  sentence,  took  notice  that  the  men  hail 
already  been  imprisoned  for  nnu'e  than  a  nionth,  and  that  i)ers(>iis  in 
their  condition  of  life  might  not  and  probably  did  not  know  tlie  iiiiiujit- 
ant  results  wliich  might  follow  from  such  an  unlawful  act  as  they  liad 
con)mitted.  It  was  right  arul  necessary,  however,  that  tlu^  law  sliould 
be  vindicated.  Tlie  third  of  the  accused  i)ers()ns  (a  boy  of  about  liltceu 
years  of  age)  was  dis<;harged  in  cousitleratiou  of  his  youth,  on  the  apidi- 
cation  of  the  attornej -general. 

It  may  be  here  mentioned  that  in  March,  1804,  six  men  had  been 
brought  to  trial  at  Cork  on  a  charge  of  having  agreed  to  eidist  on  hoard 
the  United  States  war-steamer  Kearsarge.  They  ])leaded  guilty,  and  were 
discharged  without  punishment,  on  the  ground  that  they  were  probably 
unacquainted  with  the  law,  and  ignorant  of  the  criminality  ot  the  act 
which  they  had  committed.  It  was  stated,  ami  is  bel'3ved  by  Her 
3Iajesty's  government  to  be  true,  that  they  had  come  on  board  without 
the  sanction  or  knowledge  of  the  captain  of  the  Kearsarge,  who  ordered 
them  to  be  put  ashore  when  he  subsequently  touched  at  Queenstown. 

The  governor  of  Victoria,  in  reporting  to  Her  Majesty's  governinent 
the  circumstances  which  had  occurred  during  the  time  that  tlu;  Shenan- 
doah remained  within  the  waters  of  that  colony,  requested  that  he  niij^lit 
be  furnishe«l  with  specific  instructions  as  to  the  right  of  the  colonial 
government  to  execute  a  warrant  under  the  foreign-eidistment  act  on 
board  a  belligerent  ship  of  war,  whether  belonging  to  a  state  with 
which  Iler  3Iajesty  had  diplomatic  relations,  or  to  a  community  situate 
as  the  Confederate  States  were;  and,  if  the  right  should  be  considered 
to  exist,  he  ie(piested  to  be  informed  to  what  extent  the  government 
woidd  be  justilied  in  proceeding  for  the  puri)oseof  enforcing  the  execu- 
tion of  such  a.  warriint.  The  governor's  inquiry  was  referred  to  the  kvw- 
officers  of  the  Crown  in  England,  and  they  advised  as  follows  :^ 

The  law-officers  of  the  Crown  to  Earl  liusscll. 

Lincoln's  Inn,  April  21, 1805. 

My  Lohd:  We  are  honored  with  your  lordship's  coniniands  signified  in  Mr.  Murray's 
letter  «>f  the  1-th  instant,  .st.-iting  that  he  was  directed  by  your  h)rdship  to  transiiiit  to 
us  a  letter  from  tlie  colonial  oiiice,  inclosing  copies  of  dispatches  from  Onvcriior  Sir  C. 
Darling,  togi-tlie?-  with  their  several  inelosunss,  relative  to  the  visit  to  the  port  ot  Mi'l- 
bourne  of  the  Confederate  States  steamer  Shenandoah,  and  the  allt^ged  enlistiiuiif  ot 
British  subjects  tiiere  to  serve  on  board  that  vessel;  and  to  request  that  we  would  take 
these  pap«-rs  into  our  cousideration,  and  favor  your  h)rdship  with  any  observations  we 
wight  b.ive  to  otter  thereupon,  and  more  particularly  as  to  whether  thoy  seem  to 
require  luy  action  on  the  part  of  Her  Majesty's  government. 

I«  o'-edience  to  your  lordship's  commands  wo  have  takeu  these  papers  iuto  our  cou- 
siderMiua,  and  have  the  houor  to  report. 


'  Appendix,  vol.  i,  p.  577. 


^  Ibid,,  p.  558. 


CASE    OF   GREAT    BRITAIN. 


397 


That  it  appears  to  us  that,  in  tlic  circumstances  stated,  liis  excellency    lie 
[155]  gfovernor  aetetl  witli  ^propriety  and  discretion  ;  and  tlu^re  does  not  api>ear  to  us 
at  present  to  be  a  necessity  for  any  action  on  tbo  j)art  of  Her  JIajesty's  govern- 
ment. 

With  respect  to  his  excellency's  reriuest,  that  ho  may  receive  instructions  as  to  the 
iiroprii'ty  of  exeentin}?  any  warrant  under  the  foreign-enlistment  act  on  board  a  con- 
foleriite  (public)  shi])  of  war,  we  are  of  oi)inion  that,  in  a  case  of  strong  suspicion, 
lie  onglit  to  request  the  permission  of  tilts  connnander  of  the  ship  to  execute  the  war- 
rant ;  and  that,  if  this  re»iuest  b(>  refused,  he  ougbt  not  to  attemjit  to  enforce  the 
execntioii ;  but  tliat,  in  this  ease,  the  conuniinder  should  be  desired  to  leave  the  port  as 
siieedily  as  possible,  au<l  sbould  be  informed  that  he  will  not  be  readmitted  into  it. 
W«!  have,  &e., 

(Signed)  ROUNDELL  PALMER. 

R.  V.  COLLIER. 
ROJiERT  I'HILLIMORE. 

While  the  Shenandoah  was  in  llobson's  IJay  the  following-  report  on 
lierc'onstrnction,eqnipme!it,  and  warlike  force  was  made  to  the  oovornor 
by  a  competent  officer  who  had  served  as  a  lieutenant  in  Her  Majes- 
ty's navy  : ' 

Captain  Payne  to  Colonel  Henderson. 


to  our  cou- 


Mkliwuijxk,  Fdniarji  10,  1805. 

Sin:  With  reference  to  your  memorandum,  marked  confidential,  directing  nu)  to 
report  upon  the  armament,  speed,  and  other  <iuiilities  of  the  confederate;  war-steamer 
Slicniindoah,  1  have  the  lioiu)r  to  inform  you  that  I  have  tak<!n  (!very  opportunity  that 
[ireseiiti'd  itself  for  obtaining  the  information  you  desire,  and  beg  now  to  report — 

1st.  That  the  armament  (as  far  as  I  can  see)  consists  of  the  following  ordnance,  viz : 
Two  Whitworth  rille-gnns  of  thirty-three  hundred-weight  each.  Four  8-inch  smootb- 
Imro  gnus,  fifty-tivo  hundred-weight  each.  Two  I'-i-pounder  smooth-bore  guns,  about 
tit'teen  hundred-weight  each. 

I  have  been  unal)le  to  ascertain  what  amount  of  ammunition  she  has  on  board  for 
tlii'so  guns,  luu"  have  I  been  able  to  determine  where  her  magazines  an;  placed.  I  do 
uot  think  they  are  abaft  iier  engine-room,  for  her  after-hold  has  been  cleared,  and  there 
is  no  appearance  of  any  magazine  there.  I  observe  that  there  were  no  small-arms, 
stands  for  small-armp,  cutlasses,  or  pistols,  about  any  part  of  her  decks;  and,  as  far  as 
I  couhl  see,  there  appears  to  be  a  general  unreadiness  for  action  abcmt  her  quarters. 
Shot-racks  Averc  not  titled,  nor  did  I  see  any  i)lace  I  call  the  shell-room  aloft ;  every- 
tliing  indicated  that  she  was  nothing  more  than  an  ordinary  merchant-ship. 

I  have  used  evt-ry  exertion  (but  without  success)  to  asctsrtain  whether  she  has  any 
larger  giuis  stowed  away  below.  I  do  not  think  she  has,  as  her  scantling  would 
hardly  allow  her  to  carry  more  than  I  have  already  seen.  There  appeals  to  be  a 
mystery  about  her  forehold,  for  the  foreman  of  the  patent-.slip,  wIkmi  a^.v(>d  to  go  dt»wn 
to  that  spot  to  measure  her  for  the  cradle,  was  informed  he  could  not  get  to  the  skin 
at  that  place.  The  hatches  were  always  kept  on,  and. the  foreman  states  that  ho  was 
informed  they  had  all  their  "  stutf  "  there. 

As  to  her  speed,  I  have  been  informtid  by  competent  judges  that,  taking  her  boiler 
power  into  consideration,  she  would  not  exceed  an  average  of  ten  knots  an  hour  under 
steam  alone  ;  while  nnder  sail  she  has  every  appearance  of  being  very  fast.  There  is 
nothing  to  protect  her  nuichines  from  shot  ami  sludl ;  in  fact,  her  boilers  and  the  prin- 
cipal parts  of  her  machinery  are  above  the  water-line.  Her  bunkers  (lertainly  are 
Imtween  the  machinery  and  the  ship's  side,  but  from  their  small  dimensions,  (hey  would 
otter  but  small  resistance  to  shot.  The  most  vulnerable  i»art,  viz,  the  I)oilers,  is  left 
"initc  unprotected.  She  can  carry  u  great  ([uantity  of  coals,  but  in  her  bunkers  she  can 
only  stow  about  50  tons.  Her  <laily  consumption  under  full  steam  averages  about  24 
tons.  She  is  titted  with  a  snudie-cousiuniug  apparatus,  which  aj>i)ears  to  answer  well, 
for  I  remarked  when  she  tirst  came  up  tins  bay  but  little  smoke  was  emitted  from  her 
fuuuel.  In  her  other  qualities,  I  think  she  corresponds  with  the  description  given  in 
Lloyd's  Register  of  another  A'cssel  which  has  a  similar  number  and  the  same  tonnage 
marked  on  her  main  beam,  viz,  No.  4d54  and  71)0  tons.  She  is  built  on  the  composite 
plan,  having  iron  frames  with  wood  planking,  and  appears  to  have  bee!!  strongly 
hnilt,  but  uot  more  so  than  is  usual  for  ships  classed  ou  the  first  letter  for  thirteen 
years. 

The  state  of  the  vessel  on  deck,  aloft,  and  in  the  engine-room,  I  think  both  slovenly 
and  dirty,  and  does  not  reflect  any  credit  uiioii  her  officers. 


Appendix,  vol.  i,  p.  557. 


f>: 


398 


TREATY   OP    WASHINGTON. 


Tliero  apponrcd  to  tno  to  ho  al)oiifc  '10  to  50  nion  on  board,  sloiichy,  dirty,  and  inidis- 
ci]diiuMl.  I  noticed  also  a  f;ri'at  iimiihcir  of  oHicciH,  and  could  not  lu;ip  riniiiikin.. 
that  tho  nundxM'  appoarod  out  of  all  juoportiou  to  tlxs  fcnv  men  I  .saw  on  board.  W'wU. 
out  disi>ara;j;inK  tlu^  coufcdorati^  war-steaiuor  Sbcnaudoali,  I  am  altoj^etber  of  opininit 
that  thcie  irt  notbiufj;  in  Ina-  build,  armament,  (with  the  exception  of  the  Wliitwdith 
f^un.s,)  and  e(|iiipmi'nt  that  .should  call  for  more  special  notice  than  that  .she  is  an  didi- 
jiary  merchant-vessel,  armed  with  a  few  guns. 

I  have,  &('., 

(Sij-iied)  CIIARLKS  15.  I'AYXE. 

The  con.snl  of  tho  United  States  at  Melbonrne  had,  on  the  Slieiiiin. 
doah's  fust  aiiival  in  the  port,  sent  to  IMr.  Achuns,  in  a  letter 

[150]  dated  2<)th  January,  l.Sli."),  thefollowin"'  *desciipticn  of  her,  com- 
municated to  liini  (the  consul)  by  persons  who  had  been  on  board 

of  her  as  prisoners  :^ 

She  has  the  appearance  of  an  ordinary  merchant-ship,  with  a  lon^  full  pooj),  n  hnvc 
brii;ht  wheel-house,  oval  skyli;j;htH  on  the  po(ni.  She  has  one  telescope  funnel.  Thi' 
mizziiu  topmast  and  top-yallaur  staysail,  both  hoist  from  the  mainmast  head.  She  is 
wire-rif;y;e<l. 

The  ollieers  declare  it  ■would  not  bo  safe  to  fire  a  broadside.  It  is  the  jtciicimI  ini- 
pression  that  she  is  not  a  i'orniidable  vessel.  She  is  leaky,  and  re(iuir<'s  two  lionrs" 
pumping  out.    The  crew  consists  of  seventy-nine,  all  told. 

Her  armament  was  stated  by  these  per.sons  to  consist  of  "two  unritled 
S-inch-shot  {^uns,  two  rifled  4-inch  guns,  and  two  ordinary  iL'-poundeis, 
the  (n'iginal  ship's  guns." 

By  several  persons  who  had  been  on  board  of  her  as  prisoners  or  anioii}; 
her  crew,  it  was  sworn  that  only  tlie  two  ordinary  lli-pounder  guns  were 
used  during  her  cruise  in  making  prizes.  By  this  was  meant  (as  appears 
from  the  depositions  themselves)  tliat  these  guns  were  used  in  jiriii!;' 
blank  shots,  to  (iompel  merchant-ves.sels  to  heave  to.  They  do  not  appear 
to  have  bt'en  used  in  any  other  manner. 

With  resi)e('t  to  her  crew  it  was  sworn  by  one  of  the  prisoners  that  lie 
had  heard  her  ea[>tain  say  that  he  and  his  oilieers  to;jk  charge  of  her  at  the 
Madeira  l.slands,  and  sailedtheuce  with  a  crew  of  seventeen  men.  Another 
deponent  (one  Silvester,  a  seaman  who  had  Joined  her  from  the  Laurel  ami 
left  her  at  Melbourne)  stated  on  oath  that,  when  she  was  left  by  the  Lau- 
rel, her  whole  crew,  including  ollieers,  numbered  twenty-three  persons. 
AVhen  she  arrived  at  the  port  of  Melbourne  she  had  captured  nine  or  more 
United  States  merchant-shii)s,  and  her  crew  was  largely  increased  by  the 
addition  of  meii  whohad  Joined  her  from  those  ships.  Several  men  who 
liad  so  Joined  her,  and  who  left  her  at  Melbourne,  aPirmed  that  tbey 
had  been  forced  to  take  service  in  her  against  their  will  by  threats  and 
ill-usage. 

On  the  l*Oth  June,  180"),  Earl  lUiSisell  received tiie  following  letter  from 
Mr.  Mason,  who  had  been  residing  in  England  during  tiie  war  as  aii 
agent  of  tlie  government  of  the  Confederate  States,  though  not  olli- 
cially  recognized  as  such  by  Her  Majesty's  government : 

Mr.  Manoii  to  Karl  I!ii8ScU." 

28  Gkoak  Stiu:kt, 

Leamington,  Jitiic'20, 1865. 

My  Lord  :  It  being  considered  important  and  right,  in  the  present  condition  of  tlie 
Contederate  States  of.  America,  to  i.rrest  further  hostile  proceedings  at  sea  in  the  «!ir 
against  the  UnitiMl  States,  those  having  authority  to  do  so  in  Europe  desire  as  speedy 
as  practicable  to  eommunicato  with  the  Shenandoah,  tho  only  remainiug  confederate 
8hii>  in  commission,  in  order  to  terniiuato  her  cruise. 

Having  no  nutans  of  doing  this  in  tho  distant  seas  where  that  ship  is  presumed  now 
to  be,  I  venture  to  iuijuiro  of  your  lordship  whether  it  will  bo  agreeable  ♦■>  the  govorii- 


iiicnt  ()| 
where 

1  li:ii 
and  wif 

illjr    siul 

cliiinml 
1((  he 
tlic  Slifl 
Islandsl 
I  tvul 
I  liiive  I 
tu  me. 
II 

(f 


•  Appendix,  vol.  i,  p.  589. 


"Ibid.,  vol.  i,  p. 653. 


CASE    OF    GREAT    I5RITAIN. 


399 


mciit  of  IltT  Miijosty  to  allow  this  to  Iw  done  tlirotigli  the  Ihitish  consuls  at  )»oi'ts 
whciv  tilt'  ship  may  he  exptcted. 

1  liiivc  tlu!  honor  tt)  iiu'lost;  herewith  a  ('o]>y  of  the  order  it  is  ))ro]K)sed  to  transmit, 
and  will  he  ohli};ed  if  vonr  lordship  will  ear  .  me  to  he  informed  whether,  upon  send- 
iiiir  siieli  orders  unsealed  to  the  foreijL^n  olliee,  they  can  he  sent  thronKhthe  jiroper 
cJiTiniiils  to  the  ••onsnls  or  other  re]n'esenl  utivesof  Ih'r  Majesty  at  the  points  indic'ited, 
to  lie  l)y  tlieni  transmitted,  when  o])portnnity  admits,  to  <!;;•  ollieei-  in  (>(>mmanil  m 
tlic  Slieiianilnaii.  These  ]ioints  are  Naj;asaki  in  .Japan,  Shanj^hai.  aiul  the  .Sand>vich 
Islmitls. 

I  trust  tliat  your  lordship  will,  from  the  exijjjeney  of  the  oeeasion,  pardon  thi^  lilxirty 
I  have  ventured  to  take,  and  will  ohli^e  me  hy  having  the  inclosed  copy  returucd 

to  inc. 

I  have,  «.V:c.,  *i 

(Signed)  J.  M.  :MAS0X. 

Iiu'lospd  in  this  letter  was  a  paper  signed  "James  D.Bullock,"  giving 
ail  iu.'('()iint  of  the  downfall  of  the  eoniederate:  government  and  the 
cessation  of  the  civil  war,  and  purporting  to  direct  the  commander  of 
the  Hlienandoah  "to  desist  from  any  further  destruction  of  United 
Suites  ))r<)iterty  upon  the  highc  seas,  and  from  all  offensive  operations 
iijiiiinst  the  citizens  of  that  country." 

^Lr.  3Iason  was  told,  in  reply,  that  Earl  Kussell  "has  no  objection  to 
soiiding  this  letter  to  the  places  mentioned,  and  also  to  Her  Majesty's 
eoloiiial  and  naval  authorities,  it  being  always  distinctly  understood 
that  the  Shenandoah  will  be  dealt  with  in  the  courts,  if  claimed,  ac- 
cording to  law. 

Copies  of  the  letter  were  sent  accordingly  to  the  eon....ander-in-ehief 
of  Her  Majesty's  ships  on  the  China  and  Pacific  stations,  and  to  Her 
Majesty's  oilicers  commanding   on   other   naval    stations,  except  the 

Mediterranean. 
[157]  *Iiei)orts  having  subsequently  reached  Her  ^lajesiy's  govern- 
ment from  Washington,  that  the  Shenandoah  continued  to  cap- 
tiuoaiid  destroy  United  States  vessels  a.fter  her  commander  had  received 
iiifonnation  that  the  war  was  at  an  eml,  it  was  ordered  that  instructions 
should  be  sent  to  commanders  of  Her  ]\[ajesty's  ships  of  war  and  to  gov- 
ernors of  colonies  that  she  should  be  seized,  if  found  upon  the  high 
seas  e([uipped  for  war;  and  if  in  a  colonial  port,  should  be  forcibly 
(letaliK'il.  It  was  furtiier  ordered  that,  if  so  seized  or  detained,  being 
eiinipped  as  a  vessel  of  war,  she  should  be  delivered  to  the  nearest 
autliority  of  the  United  States,  in  a  port  or  harbor  of  that  country,  or 
to  an  otticer  commanding  a  United  States  vessel  of  war  ou  the  high 
seas.' 

It  was  afterwards  positively  affirmed  by  the  commander  of  the  Shenan- 
doah that,  although  up  to  the  I'Sth  of  June,  1805,  he  had  continued  to 
cruise  and  to  make  prizes,  being  then  in  the  Arctic  Sea  and  without 
news  of  what  hsid  occurred  in  America,  he  had,  on  receiving  intelli- 
gence of  the  downfall  of  the  government  by  wliicli  he  was  commis- 
sioned, "  desisted  instantly  from  further  acts  of  war,"  and  shaped  his 
course  for  the  Atlantic  Ocean. 

On  the  Gth  November,  1865,  the  Shenandoah  arrived  at  Liverpool.'* 
She  was iimuediately  placed  under  detention  by  the  officers  of  customs; 
and  a  party  of  men  from  Her  Majesty's  ship  Donegal  was  put  ou  board 
of  her,  to  prevent  her  leaving  the  port.  The  gun-boat  Goshawk  was 
also  i  .shed  alongside  of  her,  with  orders  that  she  should  not  be  allowed 
to  hoist  anchor,  nor  to  light  her  fires,  nor  hoist  out  any  property  that 
might  be  considered  as  belonging  to  the  Government  of  the  United 
States.    Ou  the  inspector-general  of  customs  going  aboard  of  the  ship, 


» Appendix,  vol.  i,  p.  657. 


3  Ibid.,  p.  662. 


400 


TREATY    OF   WASHINGTON. 


■iH-^  .,.: 


lior  commaiidor  stated  that  slie  liad  come  into  port  with  tlio  iiitoiitiori 
of  (loliveilng  her  up  to  Her  Majesty's  governm<nt;  and  lie,  on  tlie 
same  day,  wrote  and  sent  to  Her  ^Nlajeiiy's  secretary  of  stiite  for  t()ioi;,'ii 
ali'airs  a  letter  which  concluded  as  follows  :' 

As  to  the  sliip's  disposal,  I  do  not  coiisitU-r  that  I  liavo  any  rifflit  to  destroy  lior.  (jr 
any  fiirthor  rif^lit  to  connnniid  Iht.  On  tlio  contrary,  I  think  that  as  all  tlic  |iri)|i,.i(\ 
of  Koveinmont  has  reverted,  by  the  tortunc  of  war,  to  the  Government  of  the  I  jiitdl 
t^tates  of  Anieriea,  that  therefore  this  vessel,  inasnuieh  as  it  was  the  i)r<>i)fit y  of  tiic 
Confederate  States,  should  aeeonipany  the  other  jiroperty  already  reverte<l.  1  liicicimi. 
souffht  this  i»ort  as  a  suitable  one  wherein  to  "learn  the  news,"  and,  if  J  am  witlioiit  u 
government,  to  surrender  tin;  ship  with  lier  battery,  small-arms,  maeliiui'iy,  stons, 
tackle,  and  aiii)arel  complete  to  Her  Majesty's  government  for  such  disposition  as  in 
its  wisdom  siiould  be  deeuunl  proper. 

Captain  Waddell,  in  this  letter,  stated  that  the  Shenandoah  had  boon 
a  ship  of  war  under  his  coniniand  belonging  to  the  Confederate  ^states, 
and  that  he  had  commissioned  her  in  October,  18(54,  under  ordci-s  irom 
the  naval  department  of  the  Conf*.  derate  States,  and  had  cruised  in  her 
in  pursuance  of  his  orders. 

Mr.  Adams,  on  being  infonued  of  the  arrival  of  the  Shenandoah  at 
Liverpool,  wrote  as  follows  to  the  Earl  of  Clarendon,  then  Her  Majesty's 
secretary  of  state  for  foreign  affairs  :^ 

Mr.  Jdums  to  Earl  of  Clarendon. 

Li:c;atiox  ok  the  Uxitkd  .Statks. 

London,  Xorcmhcr  7,  l-rTiJ. 
Mv  Loi;n  :  I  have  tlio  honor  to  submit  to  your  consideration  the  copy  >)f  a  lei  tcr  re- 
ceived by  uu'  from  the  vice-consul  of  the    ITiiited  Stiites   at  Liver|iool,  touchiiisr  tiic 
arriv.al  yesterday  of  the  vessel  known  as  the  Shemindoah  at  that  port. 

Although  necessarily  without  special  instructions  respecting  this  case,  I  do  not  iics- 
itate  to  assume  the  responsibility  of  resi)ectfully  re(|uestiug  Her  Aliijesty's goveiiuiu'iit 
to  take  possession  ot  the  said  vessel  with  a  view  to  deliver  it  into  the  IuuhIs  of  my 
Governiiu;ut,  in  order  that  it  nniy  be  properly  secured  against  any  removal  of  tin;  im- 
dacious  and  lawless  proceedings  which  have  hitherto  distinguished  its  career. 

I  perceive  by  tin;  terms  of  the  vice-consul's   letter  that  some  of  tin;  ehroiionioti'M 
saved  from  the  vessels  which  have  fallen  a  prey  to  this  corsair  are  stated  to  be  now  oi! 
board.     I  i>ray  your  lordship  that  proper  measures  may  be  taken  to  secure  them  in  sticli 
manner  that  they  may  bo  returned  on  claim  of  the  owners  to  whom  they  Justly  liiloiii;, 
Inasmuch  as  the  ravages  of  this  vessel  appear  to  have  been  c(uitinue<l  h»ug  after  she 
ceased  to  haAO  a  belligerent  character,  even  in  the  eyes  of  Her  Majesty's  govennnent, 
it  may  beconui  a  question  in  Avhat  light  the  persons  on  board  and  engaged  in  tlicni  are 
to  be  view<'d  before  the  law.  The  fact  that  several  of  them  are  British  subjects  is  (iiiitc 
certain.     "While  I  do  not  feel  myself  prepared  at  this  moment,  under  imperfect  infor- 
mation, to  suggest  tlu^  adoption  of  any  course  in  regard  to  tV,em,  I  trust  I  may  veiitiiic 
to  hope  that  Her  Majesty's  government  will  be  induced,  voluntarily,  to  adopt 
[15s]  that  which  *nniy  most  satisfy  my  countrymen,  who  have  been  .such  severe  siirtti- 
ers,  of  its  disposition  to  do  everything  iu  its  power  to  mark  its  high  sense  of  the 
flagrant  nature  of  their  offenses. 
I  pray,  &c,, 
(Signed)  CHARLES  FRANCIS  ADAMS. 

This  letter,  with  other  communications  relating  to  the  Shenandoah 
and  her  ofticers  and  crew' ,  having  been  referred  to  the  law-oitii'ers  of 
the  Crown,  they,  on  the  same  day,  (7th  November,  18G5,)  advised  as 
follows  :•' 

Iu  obedience  to  your  lordship's  connnands,  we  liavo  taken  these  papers  into  onr  con- 
sideration, and  have  the  honor  to  report — 

That  we  think  it  will  be  proper  for  Her  Majesty's  government,  in  compliance  with 
Mr.  Adams's  request,  to  deliver  np  to  him,  on  behalf  of  the  Government  of  the  United 
States,  the  ship  iu  question,  with  her  tac'  ^  3,  apparel,  »fcc.,  and  all  captured  chronome- 
ters or  other  property  capable  of  being  identified  as  prize  of  war,  which  may  be  found 
on  board  her. 


>  Appendix,  vol.  i,  p.  667. 
3  Ibid.,  p.  670. 


» Ibid.,  p.  669. 


;<;,:;  t ;  ; 


CASE    OF    CKEAT    BRITAIN. 


401 


nto  our  con- 


Witli  ivsi»0(t  to  tlio  oflRciM'H  and  crow,  wo  ohscivo  that  Mr.  Adams  docs  not  demand 
tlicir  stiirfiidcr  to  the  United  States  Government,  and  that  the  oidy  (|iiesth)n  siiiu;;;ested 
liv  liiiii  is,  whether  tliey  or  any  of  them  onjjht  (o  he  i»roeeeded  a<i;ainst,  iiiuh-r  tiie  direc- 
tidii  i)t'  Her  Majesty's  yovciiniieiit,  for  some  otfensc  or  olt'enscs  eo<;nizal>h)  hy  IJritish 
l;t\v,  Tlie  only  otl'eiise  at  which  he  distinctly  points  is  tliat  of  violatinj;  tlie  forei<{n- 
ciilistMieiit  act,  hy  takinj;  i>art  in  hostilities  on  hoard  of  tliis  ship;  and,  as  to  tliis,  wo 
tliiiii<  it  would  he  proper,  if  some  of  tliese  men  are,  as  he  says,  British  siihjects,  (hy 
wiiiih  we  nnderstand  iiim  to  mean  natural-horn  British  siihjects,  for  none  others  ar« 
within  those  ])rovisions  of  the  ajft  which  relate  t»  enlistment  or  acts  of  war  out  of  this 
country,)  and  if  evhlcnce  can  Heohtained  of  that  fact,  to  direct  i>roceedinj;s  to  h(!  taken 
iii'iiinst  those  persons,  nnder  tho  HCcond  section  of  the  forei;^n-cnlistnient  act,  fjll  (ieo. 
ifi,  cii]).  ">y,  hefore  the.\  have  heopnie  dispersed,  so  as  to  esca|»e  from  Jnstici'.  If  tho 
I'acts  stated  liy  Cipiuin  Wathhdl  are  urn-,  iJiirc  in  clearly  no  case  for  any  prosecution, 
nil  the  {iTonnd  of  jiiracy,  in  the  courts  of  this  country;  and  we  presume  that  Her 
Miijtsty's  j;(iveriinient  are  not  in  possession  of  any  evi<lence  which  could  he  produced 
lit'l'orc  any  court  or  magistrate  for  the  piirjiose  of  contravening^  the  statement  or  of 
slidwiiif;  that  the  crimt!  of  piracy  has,  in  fact,  heen  connnitted. 

We  conceive  that  the  suhstance  of  tlu!  foregoing  oliservations  nniy  properly  be  em- 
liddied  in  the  rejdy  to  he  given  to  Mr.  Adams,  and  we  think  it  may  not  he  amiss  to  add 
liiiit,  of  course,  Mr.  Adams  and  his  Government  must  be  well  aware  that  any  proceed- 
ing in  this  country  against  persons  in  the  situaticm  of  the  crew  of  the  Shenandoah  (as 
iii;aiiist  all  others)  must  he  founded  upon  some  delin'te  charge,  of  an  oti'ense  cognizable 
liy  our  laws  and  snppmted  by  proper  legal  evidence;  and  that  Her  Majesty's  goveru- 
iiiiiit  aiu  not  at  present  in  a  position  to  say  whether  such  a  charge,  supported  by  such 
ividiiice,  can  or  cannot  be  brought  against  any  of  the  persons  in  (luesticm. 

With  respect  to  any  of  the  persons  on  board  the  Shenaiuloah  win)  cannot  be  imme- 
(liiitt'ly  proceeded  against  and  detaiiu'd,  nnder  legal  warrant,  upon  any  criminal  charge, 
we  are  not  aware  of  any  ground  on  which  they  can  jir<»perly  be  prevented  from  going 
(III  shore  and  disposing  of  themselves  as  they  may  think  tit;  and  we  cannot  advise  Her 
Majcst.v's  government  to  assnme  or  exercise  the  power  of  keeping  them  under  any  kind 
of  restraint. 

We  have,  &c., 

(Signed)  ROUNDELL  PALMER. 

R.  r.  COLLIER. 
ROBERT  PHILLIMORE. 

On  a  snbseqiteiit  reforeuce,  upon  the  following  da}-,  they  again  stated 

tlii'if  opinion  as  lollow.s:' 

With  respect  to  the  (luestion  whether  the  ofticers  and  crow  of  tho  Shenandoah  may 
now  he  permitted  to  leave  the  ship,  and  to  go  on  sluu'e,  we  have  only  to  repeat  tho 
opiiiion  expressed  in  our  report  of  yesterday's  date,  namely,  that  these  persons  being 
now  in  this  country,  and  entitled  to  the  benetit  of  our  laws,  cannot  be  detained  exce[)t 
iiiider  legal  warrant  upon  some  criminal  charge  duly  preferred  against  them  in  tho 
oiiliiiiiiy  course  of  law.  If  Her  Majesty's  government  are  now  in  possession,  or  con- 
sidir  it  probable  that,  if  an  information  were  laid  before  a  magistrate,  they  would 
shortly  be  in  possession  of  evidence  against  any  of  these  iiersons  sutHcient  to  justify 
their  coininittal  for  trial,  either  upon  any  charge  of  niisilemeanor  nnder  the  foreigii- 
tulistiiicnt  act  or  ujtou  the  graver  charge  of  piracy,  we  think  it  would  be  right  and 
proper  to  take  the  necessary  proceedings  without  delay,  in  order  to  have  such  charge 
duly  investigated  ;  but,  at  the  present  time,  we  are  not  informed  of  any  such  evidence 
in  the  possession  or  power  of  Her  Majesty's  government  by  which  such  a  charge  would 
hu  likely  to  he  established. 
We  have,  «Sfc.c., 
(Signed)  ROL^NDELL  PALMER. 

R.  P.  COLIER. 

ROBERT  PHILLIMORE. 

Instructions  were  therenpou  sent  to  Captain  Paynter,  eoiniuanding 
Her  Majesty's  *ship  Donegal,  who  was  in  charge  of  the  Shenan- 
[159]  doali,  that  those  of  her  oftiers  and  men  who  were  not  ascertained 
to  be  British  subjects,  either  by  their  own  admission  or  by 
the  evidence  of  persons  who  knew  them,  should  be  allowed  to  quit  the 
vessel  with  their  personal  eft'ects.  As  to  those  who  should  be  ascertained 
to  be  British  subjects,  inquiry  was  to  be  made  whether  evidence  on  oath 
could  be  obtained  against  tliera.  Those  against  whom  evidence  could 
be  obtained  wero  to  be  detained  and  taken  before  a  magistrate,  the  rest 
discharged.* 


ii 

.1 


'  Appendix,  vol.  i,  p.  673. 
26  A 


-Appendix,  vol.  i,  p.  676. 


402 


TREATY    OP    WAS]IIN(;T0N. 


i  i'1  < i5?   wis 


b¥ 


fit- 


Ciiptniii  Payiitor  rcnorti'd,  on  the  Stli  Xovoiiibcr,  tliat  on  rocrivincv 
tlu'sc  instnu;tioTis  lio  liiul  Miotic  on  boiiid  the  Slicnnndojih,  iiiid  hml  aC 
eertained  tliat  the  crew  were  all  shipix'd  on  thehi^li  seas.  •'  I  iimstcrcd 
the  eiew,  and  uas  Inlly  satisfied  that  the.v  wen*  lorei;;neis,  and  tliat 
there  were  none  known  to  he  lJiitish-l»orn  subjects  on  board  ;  they  wt'ic 
therelbre  all  lancUd  with  their  etlects.'" 

Captain  I'a.vnter  snbse(|nentl.v  state<l  that  his  conclusion  was  ritrmcd 
l)artly  on  the  assurances  j>iven  him  on  board  by  the  late  coniniandcraiul 
oflicers  of  the  ship,  and  ])artly  by  the  answers  returned  by  the  men  wiicn 
mustered  antl  (|uestion(d,one  by  one,  on  their  <j;eneral  appearance,  iniiloii 
the  absence  of  any  evidence  aj;ainst  them.  lie  added  tliat  any  incn  wlio 
■were  Dritish  subjects,  and  had  formed  part  of  her  original  crew,  iiii;;lit 
have  found  means  to  make  their  escape  while  she  was  in  the  ."Mersey:- 

On  this  subject  the  following  rei)ort  was  made  by  the  lieutenant «;oiii- 
man  ding  the  (Joshawk : ' 


Lkulciiant  Chctk  to  Captain  Payiitri; 

Of)SHAWK.  !{(»('  K  Fkkuy,  Joiiuarij 'iC),  WaI 

Sir  :  In  con)i)liaiic('  with  your  <-,<1«>r  citllinjj;  on  nn-  toifporf  tin-  iiro('('«'(liiiH;s()nlii)nr(l 
the  Slieniindoiili  (Inriiifi  Ikt  tl«'ti  i.ii.tn  iit  tliiM  port  l>y  tlit>  Itricisli  iintlioritics.  I  Imvi. 
the  honor  to  iiilbiin  yon  tliat  afiitc  alily  to  instiintion.s,  datt'd  Cttli  Novcnilici,  Ixi,'). 
I  punfidtil  in  Ht-r  Maji»ty"«  j^uu-boat  (jlosliuwl;,  iuuIlt  my  connnaiul,  antl  laMlatl  lui 
alon^hitlt;  file  vt'sscl. 

In  tlu'  I'Vfnin}?  Cajitain  Wadndl  infoinird  nic  that  the  vi-sscl  havin<>-  been  lakoii 
charjit'  ol'  by  tin'  cnsstoni-honse  anthovitit's,  lu'  consiilfrtMl  hinisi'lC,  tin* oHiccrs,  ami  crew 
r«'lii'V«Ml  IVoni  all  Inithci'  ehai<fc  and  responsibility  of  the  ship,  and  that  his  aiitlioiity 
ovt'r  tin'  vvvw  wonld  also  end. 

The  lV>llo\vin<t'  day  (Xoveniber  7)  the  erew  i<'finested  that  I  wonld  allow  tln'iii  to 
land,  innie  of  them  liavin<j;  been  on  >hor«^  for  more  than  nine  nmnths.  I  told  tlniii  tliat 
umler  the  cirenmstanees  it  wa.s  not  in  my  power  to  ;;rant  it,  and  jiersiuulcil  tlicm  t(i 
renniin  ijniet  for  a  day  or  two,  till  orders  eonld  be  received  from  London, 

They  then  demanded  to  sec  my  anthority  for  detainin<r  them.  I  explained  that  I 
acte<l  nnder  orders  from  yon.  They  replied  that  yon  eonld  have  no  charge  of  tliciii 
withont  instrnetions  from  Earl  Knsscll,  the  foreign  olHce,  or  the  American  niinistii', 
as  they  were  AnuM'iean  snbjects. 

This  evening,  as  on  the  previous  one,  I  succeeded  in  pacifying  tho  crew  by  reasoniiig 
with  them. 

On  tho  following  morning  (8tli  November)  the.  crew  were  g.'tting  riotous,  Mini  ilc- 
termined  to  remain  on  board  no  longer.  Eight  or  ten  had  already  «leserted.  I  tlicic- 
fore  in  a  letter  to  yon  explained  the  excited  state  the  crew  were  in,  and  that  I  had 
heard  from  one  or  two  of  their  ofiticers  their  determination  to  leave  the  vessel  that 
evening  at  all  risks.  I  should,  therefore,  be  compelled  to  let  them  escape,  or  else 
detain  them  by  force. 

The  answer  I  received  from  yon  was,  that  I  was  to  act  up  to  your  orders,  and  the 
crew  were  to  reuuiin  on  board,  but  that  you  hoped  soon  to  have  instructions  from 
London. 

I  would  call  your  attention  to  the  excited  state  of  the  crew  by  their  conduct  in  at- 
tempting to  desert,  many  of  them  Jumping  on  board  the  steamer  ami  trying  to  coiicial 
themselves  when  you  came  to  muster  and  examine  them,  on  which  occasion  I  iicioiii- 
panied  you  into  the  cabin  and  heard  you  (inestion  Captain  Waddell  as  to  whetln'i'  lie 
believed  any  of  his  crew  to  be  liritish  subjects  ;  he  replied  in  the  negative,  and  stated 
that  he  had  shipped  them  all  at  sea. 

On  your  questioning  the  oflicers  they  also  made  the  same  statement. 

The  first  lieutenant  mustered  the  crew  fron  a  book  of  his  own,  the  only  list  found 
on  board,  and  yon  stopped  and  questioned  the  men  a.s  they  passed  before  you. 

Each  one  stated  that  he  belongtid  to  one  or  other  of  the  States  of  America. 

The  personal  baggage  of  the  officers  and  crew  was  examined  by  the  custoni-liouse 
officers  to  prevent  any  American  property  being  taken  on  shore. 

On  the  evening  of  the  9t.h  November  you  again  came  ou  board  the  Shenandoali,  ami 
met  the  Aniericau  consul  in  the  cabin  of  a  tug  he  had  hired  to  bring  him  alou(j[8itle ; 
he  then  promised  to  send  an  officer  to  take  charge  of  her,  as  a  captured  confederate 
cruiser,  ou  behalf  of  the  American  Government. 

On  tlie  10th  November,  Captain  Freeman  came  on  board  and  took  charge,  uuiler 


■•'■    !'> 


'  Appendix,  vol.  i,  p.  678. 
3Ibid.,  p.  712. 


«Ibid.,  p.  68i. 


CASE    OF    GKKAT    HRITAIN. 


403 


iinlors  from  tlic  Aiiu'i  ican  consul,  niid,  in  (Miniitliaiiro  with  yonr  n\cni<)ran(lmn,  I  liiindcil 
tbo  vj'HSfl  ivntl  sidles  over  to  iiiin. 

Oil  iiiv  Itaviii";  (he  Shciiiimlojih,  Caiitiiiii  Fnioinau  hoistod  the  Anicrican  imihI;^!!  and 
nciiiiaiit,  unil  priK  lainii'd  her  a  man -of- war. 

Duiin;^  the  time  I  was  on  l)oai<l  I  leciived  no  intorniation,  nor  could  f  oMain 
|lti(»]  any  evidence,  that    "any  of  the  crew   were    iJiitisli  Niilije<'ts;    liad    I    done  so   I 

slioidd  have  arrested  them,  and  imuieiliately  comiunnicated  witli  you  for  further 
iiintnictidiis. 

I  have,  Ac, 

(Si;;ned)  AI.K.  rilEKK. 

In  onU'f  to  jiistiCy  the  detention  of  any  of  tlie  crow  it  was,  l>y  law, 
necessary  to  prove  l>y  cvideiiee  that  the  persons  (U^tained  were  natni'al- 
born  British  snhjects.  To  aneji,'e  that  they  were  pi*ol>al»ly  snc'i  woiUd 
not  have  heen  siiirieient,  nor  <*oiihl  they  have  been  called  upon  to  jtrove 
that  tliey  were  not  >neh.  No  evidence^  tendino- to  prove  the  llritish 
nationality  of  any  of  the  Shenandoah's  crew  was  famished  or  olfered  to, 
or  was  in  the  possession  of,  Her  Majesty's  ;[>'overinnent  or  its  olUcers 
before  or  at  the  time  when  the  crew  landed  and  dispersed.  A  <leposi- 
tioii  made  by  one  Temple  or  Jones,  a  native  of  Madras,  wiio  stated  that 
he  had  himself  enlisted  in  the  ship,  and  served  in  her  tlironohoiit  her 
cruise,  was,  on  the  L'Sth  December — about  seven  weeks  after  the  disper- 
sion of  the  crew — sent  to  the  Earl  of  Clarendon  by  Mr.  Adams.  It  was 
clearly  shown,  however,  that  Temple  was  a  pei'son  unworthy  of  credit, 
aiuls(»ineof  the  statements  in  his  deposition  were  ascertained  to  be  o-ross 
falsehoods.  The  crew  of  the  Shenandoah,  if  Temple's  evi<lence  were  to 
be  believed,  includetl  Americans,  Prussians,  Spaniards,  l'ortuj;iiese, 
Danes,  .Malays,  and  Sandwich  Inlanders.  About  fifty  men  were  stated 
by  him  to  have  Joined  her  from  United  States  ships. 

On  the  loth  Xovember,  ISG-i,  the  Shenandoah  was  ih^livered  to,  and 
accepted  by,  the  consul  of  the  United  States,  and  she  soon  afterward 
sailed  for  New  York. 

su:\nrARY. 

The  Shenandoah  was  a  steamship  built,  not  for  war,  but  for  commer- 
cial purposes,  and  constructed  with  a  view  to  employment  in  the  China 
trade.  She  had  been  employed  by  her  original  owners  in  a  t r ad iuj;' voy- 
age to  Xew  Zealand  and  China,  and  was,  when  she  sailed  from  the  port 
of  London  in  October,  1804,  registered  in  the  name  of  a  Liverpool 
laerclmiit  as  sole  owner. 

She  was  not.  within  the  Jurisdiction  of  ITer  Britannic  ]\[ajesty's  gov- 
ernment, litted  out,  armed,  or  equipped  for  \var,  in  any  manner  or 
degree,  nor  in  any  manner  or  degree  specially  adai)ted  for  warlike  use. 
She  apijcared  to  be,  and  was  in  fact,  by  her  construction,  fittings,  and 
in  all  other  respects,  at  the  time  when  she  departed  from  the  waters  of 
the  United  Kingdom,  au  ordinary  merchant-steamer,  and  not  a  ship  of 
^va^.  She  had  on  board,  at  the  time  when  she  was  owned  and  used  as 
a  trading-vessel,  two  12-pouuder  carronades  such  as  are  usually  carried 
by  vessels  of  her  class  for  making  signals  ;  and  these  guns  passed  with 
the  rest  of  the  ship's  furniture,  when  she  was  (gold  by  her  original  owners, 
and  remained  on  board  when  she  sailed  in  October,  1804.  They  were 
guns  suitable  for  use  in  a  merchant-vessel,  and  not  for  use  in  a  ship  of 
war.  She  cleared  and  sailed  from  the  port  of  London  as  for  an  ordinary 
trading  voyage,  under  her  original  name  of  the  Sea  King,  by  which  she 
was  known  as  a  trading-vessel.  In  her  stores,  and  in  the  coals  which 
■^he  carried  as  cargo,  as  well  as  in  her  build  and  equipment,  there  was, 
as  Her  Majesty's  goverumeut  believes,  nothing  that  was  calculated  to 


if  '*<     s; 


404 


TUK.VTV    OF    WASinXOTOX. 


;v 


cxfit*',  or  (lid  cxcit*',  in  tin*  miiuls  of  jicrsoiis  on  Ixiiinl  of  her,  jiiiy  sih- 
jHcioii  tliiit  sIm'  was  iiitJ'iMhMl  I'oi-  ii  (lilliTcnt  |)iiriios«». 

Ilcr  ct'i'W  Wiis  coinposcd  of  iiicii  who  had  shipix'd  on  lioard  of  Iter  in 
the  ordinary  way,  in  tin'  jMMt  of  London,  for  a  trading'  voya;-!*.  They 
wcrr  liiird  and  signed  arfich's  foi- a  voya;;<' from  London  to  I'.oinltav; 
(<*ailin;i'  at  any  ports  or  jilacfcs  on  tlic  passaj^t',)  and  any  otin'r  ports  oi 
)>1a('cs  in  India,  China,  oi'  tlaitan,  or  the  I'aritir,  Atlantic,  oc  IimIIiih 
Oceans,  lra<lin}«'  to  and  from,  as  Icyal  IVci^iits  iiii;^iif  otfcr,  nntii  tiic  re 
turn  of  the  ship  to  a  liind  i»ort  of  disciiarj;'*'  in  tlu'  I'nltcd  Kinj;doin  di 
t'ontiiiciit  of  ICnropc;  tln^  voya;;*^  not  t(»  exceed  two  years. 

LeI'oce  or  at  tlie  time  of  her  arrival  at  tlie  Madeira  Islands,  slic  was 
sohl  by  her  owner  to  tlie  government  of  tlie  (.'onfederate  States.  I'jtlui 
on  the  hi^h  seas  or  in  J'ortn^nese  waters  she  was  translern'd  to  an 
ollicer  commissioned  by  the  government  of  the  (-onfederate  tStafes,  who 
then  took  i)ossession  and  control  of  her;  an<l  the  iiiast<'r,  otliccrs, and 
cr»*w  wlio  had  come  ont  in  her  from  Iji^^hnnl  (three  or  I'oni'  men  only 
excepted)  left  her  at  that  time,  an<l  retnrned  to  Knj.',land,  The  tlircc  lir 
tour  mi'ii  who  remained  on  board  the  ship  weic  one  of  the  en;;iM('ers.  a 
common  sailor,  and  one  or  two  firemen.    '1  hey  are  stated  to  have  enlisted 

when  under  the  influence  of  li(pu)r. 
[IGl]  *The  commander  who  had  taken  ])ossession  of  the  ship,  nial  liis 
oflicers,  (who,  like  him,  were  Americans,)  emi»loye<1  tli<'  str(tii;;ost 
inducM'inents  in  order  to  persuade  the  ship's  crew  to  enlist,  by  theolfeiot 
larJ^(^  bounties,  by  the  proUMse  of  hi^h  waj;es  and  pri/,e-moni'y,  by  ex- 
hibiting' money  to  thtMii,  an«l  by  lavisli  suitplies  of  licjuor.  These  induce- 
ments, ]u)wevei-,  weio  used  in  vain,  except  in  the  case  of  the  three  oi 
four  men  above  nu'Utioned. 

Tlie  sjiip  was  also  joined  by  a  few  men  who  had  come  in  tlie  steanioi 
Laurel.  At  the  time  when  she  commenced  criiisiu^',  her  whole  crew. 
exclusive  of  ollicers,  was  from  seventeen  to  nineteen  men.  The  muiibei 
of  men  who  would  commonly  be  ship}ted  to  work  a  vessel  of  her  size  as 
a  merchant-ship  would  be  from  forty  to  lifty,  which  was  the  ninnber  that 
actually  went  out  in  her.  As  a  ship  of  war  she  woidd  re(piiie  a  laij^er 
numbci-  than  that.  It  appears  that  before  she  arrived  at  the  i)ort  ((f 
^Melbourne,  liei'  ciew  had  been  incretised  to  a  complement  of  from  seventy 
to  eighty  men,  exclusive  of  otticers,  (who  were  about  twenty,)  by  tlu' 
addition  of  men  who  Joined  her  from  captured  American  vessels. 

The  commander  and  officers  of  the  Slienandoah  (ex<-eptin;;',  as  some 
dei)onents  stated,  one  of  the  lieutenants,  who  had  taken  a  passaj;e  in  her 
from  London  as  an  ordinary  i)as.senger,  concealing  his  purpose  and 
(jfticial  character)  came  un  board  of  her,  for  the  first  time,  after  she  had 
arrived  near  to  a  detaclud  ]G;oup  of  islands  belonging  to  the  ^buleiras. 
and  called  the  Desertas.  They  came  out  as  i)assenger8  in  the  Liiuiel 
steamer,  w  hich  cleared  on  the  8th  October,  from  Liverpool  for  a  voyage 
to  ]Matainoras  via  ILivaim  and  Nassau.  They  took  the  control  of  the  ship. 
and,  by  their  or<lers,  her  guns  (other  than  the  two  small  IL*  pouiuk'W 
above  mentioned)  and  all  her  ammunition  were  put  on  board  of  her  from 
the  Laurel.  These  acts  were  done  either  within  Portuguese  waters  or 
ou  the  high  seas.  The  \essel  afterward  hoisted  the  confederate  Hag  and 
coiuuienced  cruising.  Her  commander  was  a  lieutenant-commaiuler  in 
the  naval  service  of  the  Confederate  States,  appointed  by  the  naval  ilf- 
jiartinent  of  that  government  to  command  the  tShenaudoah. 

Of  the  vessels  captured  by  the  Shenandoah  a  considerable  number 
were  captured  before  she  arrived  at  a  Brit  ish  colony. 

The  earliest  intelligence  respecting  the  Shenandoah  which  reached 
Her  Majesty's  goveriiuieut  was  received  from  Her  Britannic  Majesty's 


consul  at  Tcneii 
JSlIt,  live  wi'cks 
had  liceii  iiiaih' 
conveyed  to  lU'  < 

IiiiiiH'diately  (i 
any  rcpreseiitat 
minister  (»f  the 
opinion  of  its  le; 
could  lu'  Inst  it  lit 
in  the  transactio 
trial,  but  wa..  ac 
doubtful  and  cot 

The  coiiiiiiand( 
bourne  addressei 
she  was  a  steaim 
]iermissiuii  to  nia 
coal.     I'eriiiissioi 
ndony  a  siitlicien 
tortile  siibsisten 
The  coiiiiiiissione 
time  iiistiiictcd  t- 
sibility  that  her 
ill  any  degree,  (u- 
otl'eetive.     The  ol 
and  to  fiiriiisl  da 
provisioiiiiigof  th 
whether  repairs  w 
subject,  and  these 
to  sea,  and  that  r 
to  be  placed  on  a 
.i;oveniiiieiit,  was  i 
to  whom  it  had  Ik 

Peniiissioii  to  1; 
for  use  was  aske( 
aw-olliccrs. 

The  coiiiniaiMlei 
vliieli  she  would  1 
soiixed;  and  she 

Three  pei'sous  d 

pose  of  Joining  he 

were  ])unisl 

[1C2]    of  his  yoiitl 

American, 
taiiied,  before  she  1 
and  her  comniaiul 
that  there  were  n( 
were  on  his  shippi 
vice  of  tlieT'onfe( 
^■<\v  violated  the  i 

It  was  not  the  d 
search  the  Shenan 
liave  done  so  wi 
settled  practice  of 

^0  personal  con 
commander  of  the 

Tlie  discovery  I 


CASK    OF    (JUKAT    HKITAIV. 


405 


coiisiil  iit  TciH'Till'c.  rp  to  tliiif  tiiiw  (tliiit  is,  until  tlio  iL'fli  NovchiImm', 
1S(I4,  tiv«'  wi'cks  iiCfcr  slic  left  liOiiiloii)  no  rcprcscntiition  respect  in;;'  her 
liiid  Iteen  iniiiU'  li.v  Mr.  Adnnis,  nnd  no  int'oriniitinii  nlxint  liei'  IiikI  lieen 
conv«'Veil  to  or  eoine  into  the  possession  <»!'  Her  .Miijestv's  jn'ovei  innent. 

Iiniiiediately  on  tin'  receipt  of  the  l>i'ilish  eonsnl's  report,  iind  Itelorci 
iiiiy  represent;ition  had  Iteen  inii«h'  or  intbriimtion  l'nrnishe«l  hy  tlie 
minister  of  the  I'nited  Stales,  Her  Majesty's  f^'overnineiit  tooiv  tho 
opinion  of  its  h';;al  adviseis  on  the  tpiestion  whetlu'r  h'^al  |)r(»cee(lin<;H 
conhl  he  instituted  against  Corbett,  the  master  of  the  ship,  lorhissinire 
in  tlie  tiansaetion,  and  tlie  master  was,  in  fact,  imiieted  and  I)roM^lit  to 
trial,  hnt  wa.  ae(|iMtted  by  the  Jury,  the  evideneu  as  to  his  acts  hein^ 
(lonhtfnl  and  eontlietin;^'. 

The  eommaiKler  (d"  the  Shenandoah  on  arriving;'  in  the  port  ol"  Mel- 
boi;rne  addressed  to  the  jirovernoi'  an  application  in  wiitin;'-,  stitiuf;'  that 
sill'  was  a  steamer  l»eIon;>inj;'  to  the  (\)nfederat(^  States,  and  askinj;'  for 
licrniission  to  nndve  n<'eessary  repairs  and  obtain  necessary  supplies  of 
coal.  PerMMSsion  was  ^ranti'd  to  him  to  retiuiin  in  the  waters  of  the 
colony  a  sullicient  tinu'  foi- receiving;' the  provisions  and  thinj^s  necessary 
I'oi' the  subsistence  td"  the  shiji's  crew,  and  foi-  elVectin.n  needful  repairs. 
The  coiniaissioiu'r  of  trade  and  customs  for  the  (.'oloiiy  was  at  the  same 
time  instructed  to  tak.  eveiy  precaution  in  his  ])ower  a^jaiiist  (he  i)os- 
siliility  that  her  comnmiuler  mi.uht  attemjit  to  an.ninent  her  armanu'nt 
ill  any  dejiiee,  or  to  render  the  arinauu'Ut  which  she  possessed  nM)r{i 
otl'eetive.  'I'he  ollicers  of  the  .uovernnuMit  were  directed  to  attend  to  this, 
uiiil  to  |■arnis^  «hiily  reports  of  the  proj;ress  nuule  witii  the  i't'i)aiis  and 
lir()visioiiinj'()f  tln^ship.  Competent  jumsous  were  appointed  to  ascertain 
whether  I'cpairs  were  ivally  neecssary  and  to  report  to  tlie  ,i;'o\-eriior  onthe 
subject,  and  these  persons  re^xtrted  that  she  was  not  in  a  lit  state  to  ^o 
to  wii,  and  that  rei)airs  were  lu'cessary,  for  which  tluMessel  would  h.ive 
to  be  placed  on  a  slip.  The  sli]),  thou,!4h  the  pi'operty  of  the  colonial 
S'oveniinent,  was  not  u:id(>r  its  control,  but  under  that  of  a  private  person 
to  whom  it  had  been  leased  by  the  ^•overnment. 

Permission  to  land  from  the  vessel  stores  which  she  did  not  require. 
for  nse  was  asked,  but  refused  by  the  j^overnor,  on  the  ad\ice  of  his 
aw-ollicers. 

Tlie  coiiimandei-  of  the  ship  was  required  to  fix  the  earliest  flay  on 
which  she  would  be  ready  to  sail,  and  to  take  his  departure  on  the  day 
so  lixed  ;  and  she  departed  accordingly. 

Three  peisoiis  discovered  to  have  <;-one  on  board  the  shii)  for  the  )»ur- 
pose  of  joiiiiii;^- her  crew  were  ])rosecuted  and  brought  to  ti'ial.  Two 
were  ])unished;  the  third  ielease<l  without  punishment  by  veasou 
[102]  of  his  youth.  A  fourth  was  discharged,  beinji'  found  to  *be  an 
American.  These  wen^  the  only  persons  who  could  be  ascer- 
tained, before  she  left  .Melbourne,  to  have  Joined  or  attemi)ted  to  joiti  her; 
and  her  commander  gave  Ins  word  in  writing-,  as  comnuinder  of  the  ship, 
that  there  were  no  persons  on  board  of  her  except  those  whose  names 
were  on  his  shippin};-articles;  that  no  one  had  been  enlisted  in  the  ser- 
vice of  the  T'onfederate  States  since  liis  arrival,  and  that  he  had  in  no 
^ay  violated  the  neutrality  of  the  port. 

It  was  m)t  the  duty  of  the  colonial  government  to  seize  or  forcibly 
search  the  Shenandoalj  while  in  the  waters  of  the  colony,  nor  coidd  it 
have  done  so  without  transgressing  the  rules  of  neutrality  and  the 
settled  practice  of  nations. 

^0  personal  conununication  took  place  between  the  governor  and  the 
coiniuander  of  the  ship  while  she  remained  in  the  waters  of  the  colony. 

The  discovery  having  afterwards  been  made  that,  notwithstanding 


!    '}'!, 


y€^t:f[ 


406 


TREATY    OF    WASHINGTON. 


the  vijrilanco  exercised  by  the  offieers  of  the  C()h)nial  jiovernmeiit,  por- 
sons  hiid  been  seci c'ctly  pnt  on  board  the  sliip  during'  tlie  ni}»ht  i)re('('(liiiji- 
her  departure,  notice  of  this  was  sent  by  the  <«'overn()r  to  the  }>oven]ois 
of  tlic  otlier  Australian  colonies  and  of  Xew  Zealand. 

Her  Ibitannic  ^lajesty  havin;;'  subsecjaently  received  re ])orts,  wliidi 
appeared  to  be  worti)y  of  credit,  to  the  eii'ect  that  the  iShenandonh  was 
continuinjj:  to  capture  and  destroy  merchant-vessels  alter  hercouiniandcr 
had  been  informed  of  the  cessation  of  the  civil  war,  j;ave  directions  that 
she  should  be  seized  in  any  i)ort  of  lEer  ^Majesty's colonial  possessions, or 
on  the  hi;.;li  seas,  and  shouhl  bo  <lelivered  over  to  oilicers  of  thi^  ruitcd 
States.  Hut  the  truth  of  these  reports  was  positively  denied  by  hor 
commander  on  his  arrival  at  Liverimol,  and  Her  Majesty's  (joveruinent 
has  no  reason  to  believe  that  the  denial  was  untrue. 

On  arriving;'  at  Liverpool  the  vessel  was  secured  by  the  oilicers  of  tlio 
government,  and  was  handed  over  to  the  Government  of  the  United 
States,  on  the  e.\i)ress  recpiest  of  Mr.  Adams. 

The  crew  were  detained  on  board  for  some  days  by  the  oilicers  of  the 
government.  No  evidence  being  within  that  time  given,  ottered,  or  dis- 
covered against  any  of  them,  they  were  at  the  end  of  it  siitfere(l  to  land 
and  disperse.  More  than  six  months  had  at  this  time  ela[)sed  since  the 
end  ol  the  civil  war. 


The  Slienamloali  was  at  sea  during  more  than  twelve  months,  fi 


0111 

the  time  at  which  her  cruise  began.  She  was  ntncr,  so  far  as  ber 
Majest.v's  government  is  aware,  encountered  or  chased  by  a  United  States 
ship  of  war,  and  no  emle.ivor  to  intt'rcept  or  capture  her  ai>pears  to  have 
been  made  by  tlie  (rovernment  of  the  United  States. 

Mei"  Ibitannic  .Majesty's  government  denies  that,  in  respiM't  of  the 
Shenandoah,  thert^  was  on  its  part  any  failure  of  inti'rnatioiial  duty  for 
which  leoaratiiui  is  due  from  Great  iJritain  to  the  United  Slates. 


flG3j 


*PA1IT   IX. 


RECAnXULVTlON  DF  FACTS  PREVIOUSLY  STATED. 


Tlio  siatoments  of  fact  wlii(;h  have  bwii  placed  hofon*  the  arbitrator.s 
may  he  rccapitiUated  as  follows :  p.„  ,v-._i:-„,- 

()f  flic  four  vessels  in  respect  of  which  alone  the  Fnit"il  '  "'  '" 
States  liave,  up  to  this  time,  uiaih;  claims  ai^ainst  Clreat  IJriraiii,  two — 
tiu'  (ieorjiia  and  Shenandoah  — \V(»re  never,  in  any  manner  <»r  dc^jree, 
witliin  tlie  donnnions  of  Her  Majesty,  fitted  ouf.  armed,  or  equipped 
tor  war,  or  sj)ecially  adapted  to  warlike  use.  Tii«'y  wrre  constructed 
and  lifted  in  a  manner  suitable  to  meichant-ships.  One  <»f  them,  the 
SlK'iiandoah,  was  not  only  built  for  a  uu'rchant-shi|>.  but  i»ad  been  owned 
itml  used  as  su(;h  before  she  was  pundiased  by  the  <iovfrnnuMit  of  the 
Coiilcdcrate  States;  and  her  condition  and  equipment  wiieji  she  departed 
iVoiiidrcat  r.rifain,  and  when  siu>  caini'  into  the  pi)s>,'>si<Mi  of  the  ,iii»v- 
''riiiiu'iit  of  the  (,'(»Mfederate' States,  were,  so  far  as  appears,  the  same  iu 
all  material  respects  as  they  hid  been  when  she  was  owned  and  em- 
pldvcd  as  a  tradiuj:'  vessel.  Tiiis  vessel,  ace<u'din;,'  to  the  evideiu-e 
wliicli  lias  been  brought  to  the  knowledj;e  of  Her  Majesty's  i.overnm<  nt, 
ivas  sold  and  transferre<i  to  the  •••overnmeut  of  the  (Confederate  States 

ftcr  she  had  departed  from  Her  ^rajesfy's  dominions. 

arorniatiou  whatever  resj);Mitiiiji;  these  two  vessels  respectively 


u  1 


X 

as  conveyed  to  Her  IJritanuio  Majesty's  government  by  the  minister 


cdiisidar  oilicers  of  the  United  Stat 


es,  o; 


came   to  the  knowledire  of 


that  <;()vei  iimeiit,  until  they  had  respectiv(dy  departed  from  Her 
Majesty's  di)miiiious.  Her  Diifanuic  Majesty's  -govern iiieiit  had  no 
|;r"iiii(l  to  bi'lieve  or  suspect  that  they  (»r  either  of  tluvu  were  or  was 
iutciidcd  to  be  delivered  to  tlie  j;<)vernmeut  of  the  Confederate  States  or 
its  oilicers,  or  emi»loyed  in  cruising-  or  carrying'  on  war  against  the 
riiitcil  States.  If  the  minister  or  consuls  of  the  L'niteil  States  ha«l 
any  such  <;roiinds  of  belief  or  sus[ticiou,  they  were  not  commuui- 
•-•atcil  to  the  j;'o\-ennue:it  of  H:  r  liritaunic  .NEaJcsty. 

Tlic  other  two  vessels,  the  Alabama  and  Florida.  thon;xh  suitable  by 
tlieircdiisfruction  for  vessels  of  war,  were  not  araied  for  w.ir  when  t!iey 
ivspi'ctivelv  tleiiartiMl  froai  the  waters  of  the  I'nited  lvin:^doai.  Thev 
lia.l    ■        ■       ' 


tli'ii  u.)  ariuaaieat  whatever,  aud  they  did  n>t  receive  any  until 
lifter  tliey  had  arrived  at  places  very  reaioti^  froai  (Jreat  Britain,  aud 
out  of  the  control  of  Her  Mijesty's  j;-overnment. 

As  to  one  of  these  two,  tlie  Florida,  no  information  supjwrted  by 
I'viilciicc  provinj;',  or  teudinj;"  to  prove,  that  she  was  iniende«l  to  cruise 
i'r(;any  on  war  against  the  United  Stales,  was  (Mcaveyed  to  or  receiv«*d 
'•y  Her  Britannic  Majesty's  <;()verumeut  previously  to  her  dei»arture 
hoiii  the  United  Kinj;(lom.  On  her  first  arrival  iu  a  Hritisli  coh>ny  this 
vessi'l  \vas  seized  under  the  authority  of  the  governor,  but  was  released 
h'l'  want  of  i)roof,  by  the  decree  of  a  court  of  competent  jurisdiction. 

The  Florida,  before  enyaginj;'  iu  any  operation  of  war,  enteretl  a  port 
of  the  Coufederato  States.     She  remained  there  for  more   than  four 


www 


408 


TREATY    OF    WASHINGTON. 


months;  she  thcro  enlisttMl  ami  shipped  a  cvew,  and  waspnt  in  suitable 
con(liti<)n  for  cruising',  and  she  was  IVoij  thence  sent  out  to  einise. 

I'l  the  ease  of  one  vessel  only,  the  Alabanni,  admissible  evidenco 
tondin<i'  to  i)rove  the  existence  of  an  unlawful  in<^e,ition  was  funiislicd 
to  Her  Britannic  ^Majesty's  jiovi-rnnient  before  the  dej)artureof  tlie  sliip, 
This  evidence  was  supphed  i.ttle  by  little,  the  last  installment  of  it  lic- 
inji'  delivere<l  on  the  fourth  day  before  her  dejiarture.  She  put  to  si-a 
unregistered  and  witlnmt  a  ilearaiice,  under  the  iM'etensc  tl>at  slic  wiis 
about  to  make  a  trial  trii>  and  return  to  her  mooriugs.  The  circiiin- 
stanees  un<ler  which  the  evidence  relating  to  this  vessel  was  received, 
referred  to  the  legal  a<lvisers  of  the  goveininent,  and  by  them  consid- 
ered and  reported  on,  are  ;;tated  in  Part  VI  of  this  case. 

All  the  information  furnished  by  Mr.  Adams  to  Iler  ^lajesty's  gov- 
ernment, as  well  in  relation  to  the  Alabama  as  in  relation  to  ea(di  oltlio 
three  other  vessels  liereinbefore  specified,  was  referred  by  the  secrctiuy 
of  state  for  foreign  alfairs,  witli  the  utmost  expedition,  to  the  \n\)\)i'i- 
departments  of  the  governmen*^,  for  intpiiry,  ami  in  order  that  measr.ns 
might  be  immediately  taken,  should  occasion  so  re<piire,  tor  the  due 
enforcement  of  the  law.  Incpiiry  was  accordingly  made  in  «'vcry 
[IGI:]  case.  In  ciises  of  the  Georgia  and  *the  Shenandoah,  notliiii;: 
could  be  done,  since  each  of  these  vessids  had  already  dcpiirted 
from  ller  ^Majesty's  dominions.  In  tiiat  of  the  Florida  no  ('videncc  ni 
unlawful  intention  was  or  t-ould  be  obtained  while  she  was  witlii;:  *,i 
United  Kingdom.  In  that  of  the  Alabama^  the  [)ersons  having  jiosm 
sion  of  the  ship  carrii-d  her  to  sea  before  the  order  for  seizing  hor  was 
given. 

In  estinniting  the  reasonableness  of  tlio  views  acted  upon  by  Tier 
Majesty's  goveriunent  as  t«»  the  sutticiency  of  the  inloiination  and  evi- 
dence Ironi  time  to  time  sul)mitted  to  them  respecting  appvcliendc(l 
iiitractions  of  the  law  by  the  consti luiion  and  equipnuMit  of  warlike 
vessels  for  the  service  of  the  Confederate  States,  it  is  necessary  tliroujili 
out  to  bear  in  min«l  not  only  that  the  trade  of  shii)-building  is  a  great 
and  important  bramdi   ul'  mdustiy,  whicii  Iler  ^lajesty's  government 


w 


as  not  required  by  any  international  duty  to  plact'  under  restrict 


KHIS 


unauthorized  by  law,  and  <>'  cr  whicdi  it  was  not  justilied  in  assiuniiiu' 
any  arbitrary  contnd,  but  a'^o  that  the  {trincipal  lirms  of  Uritish  shii»- 
builders  had  been  for  a  long  time  in  the  habit  of  entering  into  ('ontraets 
with  hn-eign  goverinneiits  in  all  j)arts  of  the  world  ibr  the  (ionslnictioii. 
e(piipment,  and  sale  of  ships  of  war;  such  contracts  being  jirivately 
negotiated,  in  the  ordinary  course  oi  business,  without  any  iiower  on 
the  part  ot  the  govcrinuent  to  impiiie  into  or  interfere  with  Ihcni.  No 
l)resumption,  therefore,  as  to  the  real  destination  of  any  sn<di  vessel 
would  in  any  case  arise  frcuu  the  mere  fact  of  her  having  a  wailike 
character,  although  she  might  be  in  comse  of  building  during  a  state 
of  war  between  particular  i»owers,  while  otlii'is  were  at  ])eace. 

In  the  papers  rtd<iting  to  the  iron-idad  ratns  at  Liverpool,  ample  illus- 
tration will  be  found  of  the  dilliculties  whi(di  were  liable  to  arise  from 
this  state  of  things  wheneve\-  it  l>ecamc  necessary  to  prove  the  actual 
purimse  for  which  a  ship  of  this  character  was  bcbig  constructed,  dilli- 
culties which,  iu  the  end,  rendered  ii  ultinmtely  advisable  for  Her 
Majesty's  govennnent  to  pay  a  very  large  sum  of  money  for  the  pur- 
chase of  the  ranis  rather  than  risk  tlie  uncertain  result  of  a  trial. 
,  Tlie  four  vesstds  above  specitied  were  procured  from  British  ports,  or 
purchased  from  British  owners,  by  the  jtersons  comi)rising  the  dc  /('''f<^ 
government  of  the  (.'onfederate  States  through  their  agents.  ;?:iti  passed 
into  the  possession  and  control  of  that  government}.     .U'Ler  po'^essiou 


CASE    OF   GREAT   BRITAIN. 


409 


bad  been  so  acquired  they  Averc  respeptively  armed  for  war,  by  the 
oiilersofthat  i^oveniinent,  were  c'oiiiinissioiie«l  as  sbii)s  of  war,  and  were 
coiniiiiiiKlcd  and  ollicored  by  American  citizens  holding'  commissions  in 
its  naval  service. 

Tlie  crews  of  those  vessels  were  enlisted  on  the  hi*»h  ocas  or  else- 
where out  of  the  jnrisdiction  of  Her  Majesty's  j>overnment,  and,  in  the 
cii.sc  ot  the  Florida,  chiefly  in  a  port  of  the  Confederate  States.  They 
were  composed  ])artly  of  British  subjects,  whom  the  Ameri<  ;in  ofliirers 
iiiduct'd  by  persuasion  and  by  ])romises  of  reward  to  take  service  when 
at  a  distance  from  England.  The  solicitations  of  the  Ameri(,'an  officers 
were  sometimes  successful  in  inducing  iiritish  seamen  to  serve ;  some- 
times they  were  exerted  in  vain.  But  the  vessels  were  also  manned  to 
ii  considerable  extent  with  Americans  and  others  drawn  front  the  crews 
of  Ainoican  ships  cai>tured  by  them  ;  tlnnigh  it  is  right  to  add  that  in 
tlie  case  ot  some  of  tiie  latter  class  who  left  the  Shenandoah  at  Mel- 
bourne, it  was  alleged  that  threats  and  ill  usage  had  been  cnjployed  in 
order  to  induce  them  to  join. 

Tiiese  vessels,  after  having  been  armed  for  war,  were  received  as  ves- 
sels of  war  in  the  ports  of  Groat  Britain  as  well  as  in  those  of  the  other 
neutral  countries  visited  by  them.  In  iiriiisn  ports  they  Avore  roceivod 
on  the  same  footing  as  in  those  of  other  neutral  nations,  and  were 
itllowcd  to  repair  and  jjurchase  su])i)lies  on  the  Siune  conditions  as 
iinued  vessels  of  the  United  States,  without  favor  or  [)artiality,  careful 
I'l'eeantioMs  being  employed  to  prevent  any  renewal  or  augmentation  of 
tlieir  warlike  force  within  British  wateis. 

Xo  serious  endeavors  to  intercept  or  capture  any  of  those  vessels, 
(luring  ilu^  times  of  their  respective  cruises,  appear  to  have  been  made 
by  the  (iovernment  of  the  United  States  ;  and  the  losses  inllieted  by 
them  would  probably  have  been  in  great  measure  averted  had  reasona- 
lile  activity  and  diligence  been  exerted  by  that  Governn.ent  and  its 
oftieers  for  that  purpose. 

The  general  course  of  Her  Britannic  ^Majesty's  government  through- 
out the  war  was  governed  by  a  strict  regard  for  the  obligations  of  neu- 
trality .111(1  a  sincere  desire  to  fullill  them  ;  and  this  is  apparent  as  well 
from  The  facts  which  have  been  stated  in  ^'elation  to  the  four  vessels 
above  specitied,  as  from  the  other  facts  stated  in  the  earlier  parts  of  this 
case. 

T'i  ■-  k  has  been  seei — 

'!  .a*-, 'V.  sides  the  Florida  and  Alabama,  many  other  shijjs  were  be- 
'  V.  <l  rriv  'jsserted  by  Mr.  Adams  to  be  fitting  out  in  British  jtorts  for 
the  ]i  "i"jiL(  of  carrying  on  war  against  the  United  Staies,  and  were 
n\uO'  \:    sn'ject  of  representations  to  Her  ^Majesty's  government. 

lat  in  every  case,  without  exception,  tLe  allegations  of  'My. 

|10.")]    Adams  were  promptly  *and  carefully  in vesigated ;   that  in  the 

greater  number  of  cases  ^fr.  Adims  proved  to  be  mistaken^  the 

suspected  sliips  being  merely  merchantsliius,  buiU  and  fitted  out  with 

H  view  to  a  special  employment,  and  not  for  war  ;  that  in  all  cases  as  to 

which  reasonable  evidence  could  bi>  obtained  the  suspected  vessels  were 

^^'ized  and  proceeding's  instituted  for  the  condemnation  of  them;  that 

'■  '•  were  thus  seized — the  Alexandra,  the  two  iron-cdads,  and  the  Can- 

'1  P;imi)evo —  and  were  i)revented  from  being  used  for  belligerent 

! '■         •  ;  <!nd  one  of  them,  the  Alexandra,  having  been  seized  in  Eng- 

'^  imi  restored  by  the  verdict  of  a  jury,  was  afterward  seized  again 

a  lUivish  colony. 

That  during  the  whole  period  of  the  war,  which  lasted  for  four  years, 

>  vessel  armed  for  war  was  sent  out  or  procured  from  British  ports  for 


l<u 
ill 


410 


TREATY   OF    WASHINGTON. 


belligerent  use;  and  that  of  vessels  specially  adapted  by  construction 
for  warlike  use,  two  onlj^,  the  Florida  and  Alabama,  were  so  procured 
in  tlie  manner  and  under  the  circumstances  above  described;  while  of 
these  two  one  only,  the  Alabama,  escai)ed  and  came  into  the  posses- 
sion of  the  confederate  government  without  having"  undergone  a  seizure 
and  trial. 

Finally,  it  has  been  seen  that  the  govermnent  of  Iler  Britannic  Maj. 
esty,  not  content  with  carefully  performing,  to  the  utmost  of  its  power, 
its  recognized  international  oblijiiations,  overstepped,  on  more  than  one 
occasion,  the  actual  limit  of  those  obligations,  for  the  sake  of  preventinj;' 
anything  whatever  wliicli  might  compromise,  or  be  reasonably  thought 
to  compromise,  its  neutrality ;  and,  in  particular,  that,  in  order  to  pre 
vent  vessels  which  had  been  armed  or  built  for  war  within  Great  Brit 
ain  from  passing  into  the  hands  of  a  belligerent,  a  large  exp;  ndituie 
was  twice  voluntarily  incurred,  much  of  it  without  any  equivalent,  in 
a<ldition  to  the  <!osts  and  charges  occasioned  by  unsuccessful  proceed- 
ings in  courts  of  law. 


[100] 


*PART  X. 


REMARKS  IN  CONCLUSION. 


Ilev  r>iit;niiiic'  r>rsjjest.y's  jijoverninent  has  now  stated,  for  the  informa- 
tion of  tlio  ailiitrators,  the  principal  facts  which  it  believes  i^,,,  xv-cmiui- 
tobe  uiateiial  to  a  Just  adjiulication  on  the  claims  nr<;ed  on  '«« "■"'■■"^■'■ 
the  part  of  the  United  States.  In  so  doing,  Her  ^Majesty's  government 
lias  been  under  the  unavoidable  disadvantage  of  having  to  meet  a  case 
wlii^'h  has  not  yet  be<'n  [>resented.  When  that  shall  have  been  done, 
mul  the  claims  of  the  United  States  shall  have  been  clearly  ascertained, 
Her  Majesty's  government  will  avail  itself  of  the  opportunity  which  it 
will  have,  under  Article  lY  of  the  treaty,  to  sulnnitto  the  tribunal  such 
additional  or  more  ample  statement  of  facts  as  n)ay  then  ai)pear  to  be 
iR'c  'ssary.  It  forbears,  also,  until  a  comparison  of  the  cases  submitted 
on  both  sides  shall  have  shown  what  points  are  really  in  dispute  between 
tlio  two  governim  nts,  to  enter  into  argument  in  supi)ort  of  its  own  i)o- 
sitioii,  and  will,  Ibr  the  present,  content  itself  with  placing  before  the 
tribunal  the  considerations  which  follow. 

That  vessels  sliould,  under  whatever  circumstaiuies,  have  been  ])ro- 
cni'od  from  IJritish  jiorls  for  warlike  use,  and  emi»loyed  as  belligerent 
cruisers  against  the  Uni*' il  States,  Great  Britain  hersidf  being  lu'utral, 
has  been  a  subject  of  disple.'sure  an<l  regret  to  ller  Biitannic  Majesty's 
^ovorunK'nl.  This  regret  is  not  removed  by  the  facts,  material  as  they 
undoubtedly  are  to  a  just  appreciation  <.if  the  question,  that  the  vessels 
were  obtained  by  means  of  artifice  andconcealme  "t,  which  defeated  the 
vif^ilance  of  the  oflicers  of  the  government ;  that  all  of  them,  when  they 
respectively  departed  from  Her  ^lajesty's  dominions  were  wholly  iin- 
aruK'd.  and  some  of  them  constructed  as  mere  merchant-ships,  without 
any  sjiecial  adaptation  for  war;  that  they  were  few  in  number;  and 
that  the  persons  wiio  gained  possession  and  control  of  them,  and  by 
whom  they  were  used  for  war,  were  themselves,  as  the  Government  of 
the  United  States  has  never  ceased  to  maintain,  American  citizens. 
Circumstances  su(;h  as  these  must  greatly  allect,  in  the  judgment  of  any 
impartial  person,  tlie  (iiiestion  as  to  the  responsibility  of  the  neutral 
government.  Yet  it  is  nevertheless  true  that  the  acts  themselves,  be- 
ing' such  ay,  if  flone  or  authorized  by  the  neutral  government,  would 
have  compromised  its  neutrality,  had  an  inevitable  tendency  to  disturb 
its  relations  with- the  belligerent  against  whom  they  were  directed.  Her 
Majesty's  government,  therefore,  has  not  hesitated  to  express  its  regret, 
frankly  and  publicly,  to  the  Government  of  the  United  States,  and  has 
permitted  the  expression  of  it  to  be  placed  on  record  in  the  treaty  which 
has  been  concluded  between  the  two  i)owers. 

But  the  Government  of  the  United  States  insists  that  it  is  entitled  to 
satisfaction  in  money  for  claims  which  it  asserts  have  arisen  out  of  acts 
of  these  vessels — that  is,  out  of  operations  of  war  carried  on,  by  means 
ot  them,  by  the  persons  in  possession  of  them  for  the  time  being.    It  is 


ITT 


41^' 


TREATY    OF    WASHINGTON. 


If.!"!* 


manilbst  tliat  this  co'itcntion  i.s  ono  wliich  Iler  liiltimnic  ^liiji'sty's p;ov- 
orninont,  uIl1iou<;1i  ii  liiiuited  by  the  most  Iriciidly  feelings  towaid  tlio 
United  States,  could  not,  with  «luc  regard  for  its  own  ri;4lits  and  llios,. 
of  neutr;il  nations  in  {general,  consent  to  aekno\vhMli;-e,  not  helicvinj.' jt 
to  be  just.  It  is  a  chiini  of  strict  right,  and  can  be  sui)i)()rted  only  liy 
clearly  establisliing  that  an  intennitiona!  duty,  owed  by  (Ireat  Ibitaiii 
to  the  United  States,  has  been  violated  by  (Jreat  IJritaiii,  and  by  sliow. 
ing  I'urther  that  an  ai)preciable  injury  has  ac(aued  <lire<'tly  troiii  this 
cause  to  the  United  StaU'-"^,  for  which  Clreat  liritain  ongiit,  in  jnstici', 
to  make  reparation  in  money.  It  is  for  the  Government  of  the  IJiiitcil 
States,  tlien,  to  substantiate  theses  positions,  to  specify  clearly  the  iiitci- 
national  duty  ov  duties  on  which  it  relies,  and  to  prove  the  violation  of 
Avhich  it  complains. 

A  charge  of  injurious  negligence  on  the  part  of  a  sovereign  govern- 
ment, in  tlie  exercise  of  any  of  the  i)owers  of  sMvereigiity,  iieeils  to  lu> 
sustained  on  strong  and  solid  groinids.  Every  sovereign  government 
(daims  the  right  to  be  independent  of  external  scrutiny  or  interfeiciico 
in  its  exercise  of  these  powers  ;  ami  the  general  assumption  tliiit  they  aiv 
exercised  with  good  faith  an<l  I'easonablecare,  and  that  laws  are  fairly  iiiid 
proi>erly  administered,  (an  assumi)tion  without  which  i)eace  and  fiicndiy 
intercourse  ccudd  not  exist  among  mitions,)  ought  to  subsist  until  it  liiis 
l)eendis[)lacedby  proof  to  the  (!ontrary.  It  is  not  enough  to  suggest  or  prvive 
that  a  goverinnent,  in  the  exercise  of  a  reasonable  Judgment  on  some 
<|uestiou  of  fact  or  law,  ami  nsing  the  means  of  inlbrmation  at  its 
[1G7J  *conimand,  has  Ibrmed  and  acted  on  an  o})iiii(in  tVom  wliidi 
anothei'  government  dissents  or  can  induce  an  arl)itrator  to  dis- 
sent. Still  less  is  it  suflicient  to  show  that  a  judgment  pronounced  hy 
a  court  of  competent  Jurisdiction,  and  acted  U[)on  l)y  the  exe(;utive,  was 
tainted  with  error.  An  administrative  act  founded  on  err'^r,  or  an 
erroi/cous  Judgment  of  a  court,  may,  indeed,  under  sonu-  circumstances, 
found  a  claim  to  (compensation  on  behalf  of  a  ]>erson  or  go'.evnnieiir 
injured  by  the  act  or  jinlgment.  But  a  charge  of  negligence  broiijilit 
against  a  government  cannot  be  sui)ported  on  such  grounds.  Xorisit 
enough  to  suggest  or  ]>rove  some  defect  of  Judgment  or  i>enetration,  or 
somewhat  less  th  n  the  utmost  possible  prom[)titude  and  celerity  of 
action  on  the  part  of  an  oflicer  of  the  government  in  tlie  execution  of 
Ills  otlicial  duties.  To  found  on  this  alone  a  claim  to  compensation,  as 
for  a  breach  of  international  duty,  would  be  to  exact,  in  international 
allairs,  a  perfection  ol"  administration  which  few  governn)ents  ornonc 
attain  in  fact,  or  could  reasonably  hope  to  attain,  in  their  domestic  con 
cerns;  it  would  set  up  an  impracticable,  and  therefore  an  unjust  and 
fallacious  standard,  would  give  occasion  to  incessant  and  unreasonable 
complaints,  and  render  the  situation  of  luMitrals  intolerable.  Noi",  again. 
is  a  nation  to  be  held  res[»ousible  for  a  <lelay  or  omission  occasioned  !  ' 
mere  accident,  and  not  by  the  want  of  reasonable  I'oresiglit  or  care. 
Lastly,  it  is  not  suflicient  to  show  that  an  act  has  been  done  which  it 
was  the  duty  of  the  government  to  endeavor  to  prev<'nt.  It  is  necessary 
to  allege  and  to  prove  that  there  has  been  a  failure:  tb  use  for  the  pre 
vention  of  an  act  which  the  government  was  bound  to  endeavor  to  pre 
veut,  such  care  as  governments  ordinarily  employ  in  their  domestic 
concerns,  and  nmy  reasonably  be  expected  to  exert  in  nnitters  of  intoi' 
national  interest  and  obligation.  These  considerations  apply  with 
especial  force  to  nations  which  are  in  the  enjoyment  of  free  institutions, 
and  in  which  the  government  is  bound  to  obey,  and  cannot  disi)ense 
with  the  laws. 

If  the  tribunal  should  come  to  the  conclu.sion  that  Great  Britain  has 


CASE    OF    GREAT   BRITAIN. 


413 


inciirnMl  any  lialiility  to  tlio  United  States,  tlie  quesstioii  will  tlioii  arise 
wiiat  slioiild  ix'  dctMiicd  the  Just  iiieasnre  and  extent  of  that  liability. 
}Ier  Britannic  ^Majesty's  jijovernnient  abstains  at  present  Iroin  entering 
into  that  question,  and  will  reserve  such  observations  as  may  be  titly 
ottered  in  relation  to  it  on  the  part  of  Great  liritain  to  a  later  si;\<xv.  of 
tiio  proceed in<>s.  Here  it  is  sutlieient  to  remark  that  a  claim  on  the 
inirt  of  a  belli/jerent  to  l>e  inden)nitled  at  the  expense  of  a  neiitial  for 
losses  inflicted  or  occasioiu'd  by  any  of  the  ordinary  o])erations  of  war, 
on  the  i>k'a  that  those  operations  were  assisted  or  facilitated  by  negli- 
jjeiice  on  the  part  of  the  neutral  ro  \rnment,  is  one  which  involves 
(jrave  ronsi(h'rations  aii<l  requires  to  be  weij^hed  with  the  utmost  care. 
Losses  of  which  such  negligence  is  the  direct  and  j)roximate  cause,  (and 
it  is  in  respect  of  such  only  that  conq)ensation  could  Justly  be  awar<led,) 
are  coinmoidy  not  easy  to  sei)arate  from  those  sjuinging  from  t>ther 
ciiiises.  Success  in  warlike  operations  is  g«M»erally  diu'  iu>t  only  to  tln< 
force  possessed,  but  to  the  skill  and  courage  exerted  by  the  successful 
coinhatant.  If  claims  of  this  natuie  were  to  be  freely  admitted,  a  bel- 
lij;ereiit  might  demand  to  be  in«lemni(led  by  the  neutral  against  conse- 
(jueiices  fairly  attributable,  in  part  ov  altogether,  not  to  the  fault  of  the 
latter  but  to  his  own  want  of  capacity  and  enterjuise.  J I  er  Majesty's 
{jovernnient  has  been  compelled  to  i)oint  out  tlu'it  in  resp(!ct  of  the  ves- 
sels to  which  the  foregoing  statement  relates  there  was,  on  the  jtait  of 
the  Government  ol"  the  Tnited  States  or  its  oHicers,  an  extraoidinary 
leinissnes.s  in  using  the  naval  forces  at  their  disi)osaI,  and  that  if  ordi- 
nary activity  had  been  exerted  in  the  endeavor  to  intercept  and  capture 
tliese  vessels,  the:  losses  of  which  the  United  States  now  complain  would 
lirobaldy  have  been  in  jireat  measure  averted.  It  cannot  be  consistent 
with  any  reasonable  view  of  international  obligations  that  a  belligerent 
state,  alh'ging  itself  to  be  aggrieved  by  some  imputed  negligence  of  a 
neutral  government,  shcudd  on  that  account  claim  indemnity  tVom  the 
lunitral  for  losses  in  the  course  of  warlike  operations  which  it  has  not 
actively  and  diligently  exerted  itself  to  i)revent  or  arrest. 

It  was  the  constant  aim  of  Her  Britannic  Majesty's  government 
throuj'Iiout  tile  war  to  observe  with  fidelity  and  exactness  (lie  (tl)liga- 
tions,  and  to  maintain  unimpaired  the  rights,  which  the  law  and  prac- 
tice ot  nations  have  assigned  to  neutral  powers.  In  u[)hol(ling  tliose 
rij^iits  all  the  nations  of  the  world  are  interested;  and  it  was  the  duty 
of  Great  IJritain,  as  a  maritime  power  of  the  first  order,  brought  l>y  cir- 
cnnistances  into  closer  contact  with  the  war  than  any  othei'  state,  to 
resist  on  the  one  hand  any  encroacluuent  on  them,  and  to  abstain  on 
the  other  from  any  attempt  to  extend  them  beyond  the  just  and  expe- 
dient limits  traciMl  out  by  international  law.  Her  Majesty's  government 
has  }>iven  the  best  i>roof  of  its  sincerity  in  these  resi)ects,  as  well  as  its 
earnest  <lesire  to  [)i()mote  the  pacific  and  auncable  settlement  u\'  inter- 
national differences,  by  proposing  and  agreeing  to  reler  to  the  Judg- 
ment of  imi)artial  arbitrators  the  question  whether,  in  the  matters 
conq)lained  of  by  the  United  States,  it  has  failed  to  disclnuj^e  any 
international  duty.  In  deciding  on  the  questions  submitted  to 
[1G8]  it,  the  tribunal  will  be  called  ujmn  to  apply  to  *tLem  prine>}»les 
and  considerations  of  wide  application,  not  confined  to  maritime 
neutrality,  nor  to  the  acts  and  conduct  of  maritime  nations  alone. 
Great  IJritain  is  prepared  to  accept  the  award,  whether  favorable  or 
unfavorable  to  her.  She  desires  only  that  it  shall  be  just.  She  claims 
only  that  it  shall  be  founded  on  a  true  and  equitable  interpretation  of 
the  hiw  of  nations,  and  on  principles  which  she  herself  and  all  other 
powers  niay  be  satisfied,  whether  as  neutral  or  as  belligerent,  to 
acknowledge  and  abide  by  in  time  to  come. 


■I  J 


\1\ 


■nr" 


-d,Jlfl 


TR 


V} 


THE  COUNTER  CASE 


or 


THE     UNITED     STATICS 


PRESKNTED   TO  THi; 


TRIBUNAL  OF  ARBITRATION, 


AT    GENEVA, 


TENDER  THE  PROVISIONS  OF  THK  TREATY  OF  WASHINGTON,  WITH 

AN  APPENDIX  CONTAININ(i  ADDITIONAL  DOCUMENTS, 

CORRESPONDENCE,   AND    EVIDENCE. 


A  P  1?  1 1.     15,     1871 


1*1 


NOTI-:. 


'  t .  *»i 


The  tijjiiros  in  brackets  in  the  text  indicate  the  pages  of  the  edition 
which  was  hiid  before  the  triljnual  of  arbitration  at  Geneva;  tlie* 
intlicates  the  word  with  which  each  pay;e  commences. 


LIST  OF  PAPERS  ACCOMPANYING  THE  COUNTER  CASE  OF  THE 

UNITED  STATES. 

PART  I. 


From  whom  niiil  to  whom. 


>Ir.  Mnuroo  to  if  r.  Steele 

Siiiiii'  til  ciilliTtor  of  Cliarlf«ton 

Same  ti)  .Mr.  Dallii-s 

S.iiiii'  to  (MiviTiior  Claiborne 

Saiiir  to  ;iovcrilor  of  Ti'lillCHSi'i) ,  . 

Same  to  liovcrmir  tlowanl 

Same  to  poviTiiors  of  Louisiana  ancl  Mitt.sissippl  Territory,  and  to  Mr. 

Kdbinson. 

Saiiii'  to  I'r.  Robinson 

Same  to  Governor  Claiborne 

Same  to  ifr.  Kolinson 

Saiiii'  to  Mr.  (,'onner 

Sanir  to  ilistriet  attorneys,  (circular) 

I'lrsiili'iit's  iiroclaniation 

ill:  liri'iit  to  };overnor«  of  Tennessee,  Loui.siaua,  Mississippi,  and  Missouri 

'IVirituric.s,  (ciicnlar.) 

Mr.  limit  to  district  attorneys,  (circular) 

Mr.  l)iik  to  .Mr.  Monroe 

Ml.  .Mimi Of  to  Mr.  Dick 

Mr.  Monroe  to  Mr.  Dor.sey,  United  States  Xavy 

Mr. ( iltiia  to  Mr.  MeCiiHoeh 

.Ml.  Monroe  to  Mr.  McCiillocli , 

Mr.  .McCiillocli  to  Mr.  Monroe 

Mr.  Monroe  to  di.strict  attorney  for  Virsiiniii 

liiirldsnl  renmrk  of  tlie  Atloriiey-fieneral  in  case  of  tlie  IJoiiip 

Mr.  Monroe  to  Mr.  Wirt .' 

Mr.  MfCidlm'h  to  Captain  Spence,  United  States  Xavy 

Saiiii'  to  ("aptaiii  Wliite 

Mr.  Cliacon  to  Mr.  McCuUocli 

Mr.  MiCiillocli  to  Mr.  Dallas 

Mr.  (ili'iin  to  Mr.  Monroe 

Ml.  .Monroe'  to  Mr.  lilaki- 

Mr.  L(i« ly  to  Mr.  McCulloch 

Ml.  McCiillocli  to  Mr.  Monroe 

Mr.  (ili'iiii  to  Mr.  Cliacon 

Ml.  Monroe  to  Mr.  tHenii 

Jlr.  (Iraliaiii  to  Mr.  McCulloch 

Mr.  MeCiiUoch  to  Me.ssrs.  Uauson  &  Watts 

.Same  to  Captain  Iteard 

Same  to  the  surveyor 

I'll siilint  s  iiies.Hiijie 

Mr.  .Monroe  to  Mr.  McCulloch 

Same  to  Mr.  (ileiin 

Mr.  MiCiillocli  to  .same 

Mr.  .Monroe  to  .same 

.Mr.  (lleiiii  to  Mr.  Mi  nroe 

•  Neutrality  .\ct  " 

Mr.  Kiisli  to  .Mr.  tilenu 

Same  to  .Ml .  McCulloch 

Same  to  Mr.  Wirt 

Same  to  Mr.  Mallorv 

Mr.  Itush  to  Mr.  McCulloch 

Mr.  Zaniorano  to  Mr.  McCulloch 

Mr.  MeCnlloch  to  Mr.  /amoraiio : 

Mr.  MiCullcx^h  to  Captain  Beard 

Same  to  .siUiio 

Same  to  same 

Mr.  IiigersoU  to  ilr.  Adams 

Mr.  Kengneuit  to  Mr.  Ingersoll 

Mr.  .\ilaiiis  to  Mr.  IngersoU 

Mr.  Iii^'ersoU  to  Mr.  Adams 

Mr.  Adaius  to  distriut  attorneys,  (circular) 

Mr.  Kobbiiis  t<i  Mr.  Adams  . . '. 

Mr.  Davies  to  Mr.  Adams 

Mr.  .McCulloch  to  Captain  Beard 

I  mteU  States  Neutrality  Act 

Ml.  Monroe  to  Mr.  Pish 

Mr.  Wirt  to  the  President 

•         27   A 


a  a 


Date. 


0.2  ;  jr.2 


xY 


July 

Sept. 
Nov. 
Dec. 
Sept. 
Sept. 
I'-el). 


18,1811 

1!>,  It'll  ! 

I,  IHU  , 

r.,  ISIl  , 

3,  HI'Jl 

:j,  isia  I 

14.  l^U  ; 


Page 


Fob. 
Feb. 
Feb. 
Apr. 
Sept. 
Sept. 
Sept. 


Sept. 
.Mar. 
dune 
June 
June 
July 
JulV 
JulV 
July 
Alls. 
Aiij,'. 
All;;. 
iViiS. 


Auk. 
A  us. 
Au^'. 
Au«. 
Au<;. 
Sept. 
Sept. 
Seitt. 
Nov. 
Nov. 
Dec. 
Dec. 
Jan. 
Jan, 
Jan. 
Feb. 


Feb. 
>[ar. 
Mar. 
Mar. 
Sliir. 


M:v. 
\ ,  r. 
Ajir. 
Apr. 
May 
Jniie 
Nov. 
Nov. 
Nov. 
Nov. 
Dec. 
Dec. 
Jau. 
Apr. 
Ai)r. 
July 
Sept, 


14,  IH14 

17, 1814 ; 

17,  1814  ; 
lit,  1814  ' 

1,  181.-1  ' 

1, 181,-. ; 

1>,  1815 

13, 181.-) 
l,18l(i  ' 
7,  IwUi 
2J,  I8lti  j 
•J!>,  18l(i 
lit,  \tt\r,  ' 
23,  18  It! 
'l\  I81(i 
23,  1 8  Hi 

2,  1811; 
111,  18l(i 
21),  18 1(1 
2(i,  l^Hi 
22,  1-lli 
20,  Is  Hi 

27,  18111 

28,  I8lti 
2!»,  181(i  i 

4,  181(i ; 
12,  18lli 

12,  181G 
.■),  18l(i  : 

5,  Ir-lfi 

13,  18|ti 
2(i,  I8lt>  ; 

3,  1817 
3.  1817  ' 
<t,  1817 

l.-i,  1817 

25,  1817 

3,  1817 

18,  1817 

21, 1817 ; 

28,  1817  ' 
28,  1817  i 
28, 1817  ; 

14,  1817  j 
14,1817  ' 
If),  1817  ' 

2,  1817  I 
27, 1817  I 
14,1817  I 
13,  1817  I 
— ,  1817  j 
V),  1817  ! 
13, 1817 

23. 1817  I 
2, 1818 

22. 1818  1 
20,  1818  1 


20, 1818 


e 

9 
9 

10 
11 
12 
14 

14 
1.^ 
19 
19 
522 
22 
24 


30 
31 
32 
33 
31 
3,") 
3."i 
3ti 
37 
39 
43 
41 
44 
411 
47 
49 
49 
50 
51 
52 


50 

59 

59 

60 

60 

02 

03  j 

64  ! 

64  , 

05 

67  I 

68 

69 

70  I 

71  I 

79  i 

80  i 
83 
87 
88 


Parte. 
445 
445 
445 
446 
44ti 
44C 
447 

448 
448 
448 
419 
449 
449 
450 

4.'50 
451 
4.52 
453 
453 
454 
454 

4,'»(i 
I5(i 
4,-.7 
^■i7 
4,'* 
458 
(,')9 
•1.59 
4fiO 
4(iO 
461 
461 
4112 
403 

4r,.t 

^(14 
164 
405 
405 
405 
460 
406 
466 
408 


10, 1818  I   89 


470 
470 
470 
471 
471 
472 
472 
473 
473 
474 
474 
475 
475 
478 
478 
479 
481 
481 
481 
483 


11:: 


piPflTfTr 


1 


418 


TREATY    OP    WASHINGTON. 
Tabic  of  cotitenU — Continued. 


From  whom  niul  to  wliotn. 


fv 


.^(4^ 


n 


w 


''iir 


■*» 


,1 


Diite. 


[~     »■; 


Cnptnin  Saiiiidcis  fii  Mr.  Ailiima 

M I .  \V  lit  til  it  r.  ( i  liiiti 

?klf.  (ilctiri  to  Mr.   V<l:iins 

Ml.  Swilt  tci  .\!v.  MrCiilliitli 

Atliilnvit  cil.ldliii  M,  (iiM.s 

^Ii'.  M<  Ciillculi  In  ( 'niitiiin  linii'il 

Mi  .  Wilt  to  .Nti .  ( iliiin 

S;mi('  to  siiiiic    

Ml.  .>^will  to  Mr.  McCiillmh 

ilr.  .Mtriillo<li  to  I 'ii|itniii  Itciiril 

Mr  lit Diit  to  M r.  I'isli 

Act  to  ])rot('ct  tlic  coniiiu'rcci  of  tho  t'liitcd  Stnti-H  mid  puiiiHli  piriicy 

Mr.  Mct'iilloch  to  I.icutt'imiit  Miir.slmll ' 

Same  to  Mr.  ('rii«  I'onl    •. 

Siiini'  to  I,i<-ut<'iiiiiit  MiirHlinll 

Siiiiir  to  Ml.  ('riiwford .' 

Siiini'  to  l.ltiiti'imnt  MiirMliall 

Mr.  Adaiii.s  to  Mr.  (iloiin 

Mr.  .Nttt  'iillocli  to  Mr.  Crawford 

Mr.  ( ilci.ii  to  Mr.  MtCullodi 

Mr.  Mi(  ullorli  to  Mr.  CIciiii 

WiiiiH!  to  Mr.  I'aiUcr 

Sinn'  to  ('a|itaiii  Daniels 

:Mr.  ( ili'iiii  to  Mr.  McCIiillocli 

Mr.  Met  'ullorli  to  Mr.  I-owry 

Same  to  ('ai)taiii  Mnr.slmll 

Same  to  Mr.  liOWry 

Mr.  .Vdaiiis  to  .Mr.'t  Jleiin 

Mr.  MeCiilloeli  to  Mr.  .Inck.son 

Same  to  ('a|itaiii  Weli.ster 

:Mr.  McCullocli  to  aiiv  ollieer  id'tlii-  I'liited  States  Navy  or  Army 

Same  to  ( 'aiilaiii  \Ve\i»tcr 

Sami'  to  .same 

S.'iiiii'  to  Mr.  fileiiii   

Mr.  Adams  to  Jlr.  Prayfon 

Same  to  .Mr.  NiihoLsoii 

Same  to  Mr.  .\  list  ill 

Same  to  Mr.  I'l  iiice 

Same'  to  Mr.  I'aiUer 

Same  to  Mr.  (ileiin 

Mr.  Met 'ulloeli  to  Mr.  GlPlili 

Same  to  Caiitaiii  Webster .' 

Same  to  same 

Same  to  .Mr.  Lowiy   

Same  to  Mr.  Crawford 

Same  to^ame,  (iiielosiiifj  report  of  .r.  IJiirii,  iiispeetor) 

.Same  to  Captain  Webster 

Same  to  Mr.  Lo wry 

Same  to  Mr  .fidinston 

Saaie  to  Mr.  (Crawford 

Same  to  Mr.  Lowry 

Same  to  C'aptaiii  Webster 

;^Ir.  Sterliiit;  to  Mr.  Williams 

Ml.  (Iraliam  to  Commodore  McCaiiley 

^Ir.  Fillmore  to  (ieneral  Ilitelicook,  Ciiited  .States  Army 

^ir.  Ceiirad  to  (Jenernl  llitclieoek,  Tiiited  States  .Vriiiy 

Oe  ler.il  JEitelieeek  to  .Mr.  namiuond  

JSlr.  llammoMd  to  Mr.  (fiitliiic^ 

Same  to  (ieneral  llitclieoek 

.Same  to  Commoilore  Diilany 

S.imi'  to  (;   iieral   Kieliardsou 

Mr.  Davis  to  (ieneral  Wool I 

Mr.  ("iisliiiiy;  to  Mr.  In;io | 

President '.s  i>roelaiiiation , 

E.xtraet  I'roiii  President's  iiiessiige ' 

Mr.  ( 'iisliintr  to  ;Mr.  McKeou 

Same  to  .same 

.Same  to  the  rrusident 

Same  to  Mr.  McCJlellaud 

Same  to  Mr.  iMcKeon 

Sitiiie  to  M  r.  Vau  Dyke 

Sauii;  to  Humo 

Keport  of  the  case  of  Ilortz  i'«.  Perkins,  charged  with  enlisting  men  for  the  ! 
(^rim<!!u  I 

Mr.  Cusbiiij;  to  Mr.  Vau  Dyke 

Same  to  same 

Confession  id'  Ilenry  Ilortz 

Mr.  Cushintr  to  district  attorneys,  (circular) 


•Tilly  -, 

Oct.  1-J, 
Oct.  -, 
Oct. 
(let. 
Oct. 
Nov 
Nov. 
IXe. 
Dec. 
Keb. 
Mar 
>tar 
Apr. 
Ajir. 
May 
'May 
MiiV 
May 
Miiv 
MaV 
MaV 
.lulv 
An;;.  21 
Aug. 'A 
Oet.  " 
Nov. 
Nov. 
Dee. 
Dec. 
Dee. 
.Ian. 
Dee. 
.Tai 
A 


'J!'. 
'-■•■ 

<>. 
!», 

Hi, 

n, 

'I, 
:t, 

2ti, 
1(1, 

'ill 

H, 

It. 

14, 

21, 
.)o 

•J(i,' 


*.►. 
-!•, 


July 

An;;. 

Nov. 

Nov. 

Dee. 

Aiih;. 

Oct. 

Nov. 

Nov. 

D<c. 

Mar. 

Mar. 

An;; 

An;;. 

■Ian. 

Nov. 

Nov. 

Nov. 

Se)>t 

Sept.;ti», 

Sept.  :to, 


1, 

:t, 
tn, 

;', 

8, 

l(>. 

HI, 
2(i, 

it, 

.  '.I, 

:ui, 

17, 

18, 
111, 


IPtpl 

If  IH 
iKlH  1 
IHIH 

IrtlH  1 

IHIH  I 
IflH  . 
IHI.s 
l.-lfl  ■ 
IHIH  ' 
IHI!) 
iHlill 
Ir-lll 
Ifllil  i 
iHl!) 

Ir-l!!  ! 

IHlil 

iHli) 

itini 

IHI!) 
If  lit 
li-l!l 
I8I!I 
I8li» 
Iflll 
I81!> 
18 1(1 
Iflll 
181!l 
1811) 
1.*,'0 
18l!» 
1820 
1H20 
Is20 
'  -20 
1H2(I 
I82U 
1820 
1820 
1820 
IH20 
l."i2l 
1821 
1821 
lt<21 
1H22 
If  2:1 
I82:t 
1824 
If  24 
I. -72 
1 8.-.  I 
If-.l 
18.-)1 
18.vl 
18,V! 
18,");t 


.Sept.  .10. 

Sept.  :to, 

.Ian.  12, 
■Ian.  K;, 
•Tan.  18, 
Dec.  4, 
Apr.  i-> 


Mav  25, 
Auk.  i», 
Ah^'.  24, 
Sepi.  10, 
Sepf.  12, 
Sept.  17, 


If.'iH 
lf.-)4  ! 

ie.)4 1 

18.">4  i 

Ifat  i 

I8.V) 

Ifo.'i 

18."),") 

1855 

18.55 

18.55 

18.55 

1855 


I'aiie. 

•m 

!I2 

!i:i 
1 1:1 

!Hi 

;t* 

!lf 
1115 

lui; 

107 

lOH 

III!) 

112 

11:1 

115  ' 

110 

120 

121 

121 

125 

125 

121) 

127 

128 

128 

12!l 

i;<o 

1:11 

i:ti 
i:)2 

1:11 

1U4 

i;t5 
i:iu 
i;n 
rw 
i;«i 
no 
M:t 

114 
145 
M(i 
147 
147 
140 
l.'iO 
151 
1.52 
l.-i4 
1,5(1 
l,5(i 
1.58 
]();i 
1(15 
111(1 
11)8 
Kill 
170 
171 
17:l 
174 
174 
175 
Vi'i 
178 
17!l 
181 
221 
223 
2211 
225 


Sept.  12, 1855 
Sept.  17,  1855 
Oct.  11,1855 
Dec.    8,1855 


OO' 


I'ane. 
■i-:i 

IM 
■l-l 
t-l 
•I-.-, 
I-.-. 

^^.^ 

4" 

4-'i 
l>!l 
Ml 
t'.lll 
till 
4'.l| 
4!l'J 
t!i:i 
4111 
4'll 

m 

4!ll! 
•I'Kl 
4!lll 
4117 

in: 
4:1: 
111'' 

4!li> 
4!i:i 
4!ifi 
■111:1 

.Viii 
.'.I'll 
jllli 
■M 

m 

'•K 

'm 
:m 

.MM 

."iii.'i 
.'ill.'. 
m, 

'M 

.'iii- 

,5'i- 
'ill- 

:m 
.110 

Tilil 
,511 

:m 
5i:t 
.■in 

.•|I4 
.M.'i 

.-ll.'l 
.-.n: 
511; 
.")n 

517 
51.'» 

5r.i 

,il!l 
5^1'J 
53-2 
5:« 
,i:i3 
534 


461  I  61* 

4(i3  ;  617 

4(15  (>1* 

41W  :  •  liai 


TABLE    OP   CONTENTS. 

Table  of  con  ten  Ix — Coiitimiod. 


419 


61    Lt 


I'aije. 
if-' 


!•:. 
i.iii 

it" 

!lfi 
105 
lUli 

iin 
low 

ll'j 

115  ' 

lin 
i-jo  , 
I'Jl 
i-Ji 
i-ri 

lUH  ' 
I'Jf 

i:t(i ' 

131  i 

i:il 

i;t:t 
i;ti 

134 

111.-) 
i;i« 
i;n 

i;w, 

i;i!i 

III) 

m:i 

III 

145 
14(i 
147 
147 
141) 
l.'iO 

ini 

I'ri 

l.'ili 
IMI 

l."iH 

i():t 
Ki:. 
ititi 
ma 
itiii 
no 

171 

i7;i 

174 
174 
17J 
17? 


■i-;i 
i-.i 

4-1 

4-1 

4-:. 
4>:i 

4'H 


17.-  I 
17!l  ! 
li^l  ! 
ail  i 

623 ; 

223  ; 
225  I 
Q27  I 


4"!i 
4-11 
4"!i 
4'.ili 
4!i| 
4!ll 
4!I2 

m 

m 

4'l| 
4!i| 

4!ii; 
4'i(; 
4'.ii; 

4'.i7 
4it7 

4'.i: 

4!l'' 
4!li< 
4'.l',i 
4(l!l 
4!i'.l 
5(10 
51 '0 
51)11 
5111 
501 
50-J 
502 

no:i 

501 
51' I 
51 15 
505 
501'. 
50ti 
501) 
,Vi7 
.'ill- 
5.1. 
.'lO- 
50:1 
510 
Tilo 
511 
f.l-J 
51-4 
5i;i 
514 
514 
515 
515 
51il 
510 
1  517 
I  517 
i  .")1^ 
SI.-" 
5111 
510 
5ii2 

5;i-J 

53.1 

5:);i 
534 


i'Viiiii  wliuiii  uui\  to  whom. 


401  :  61" 

4«3  ,  617 

4(15  618 

4ild  ,  •  621) 


Mr. ('nulilnc  to  Mr.  irullct  iiimI  Mr.  Ji'wctt '  Vvc.    H, 

Siiiiii'  t'l  Ml.  I ")-''•  II"''  Mr.  Onl Dec.    II, 

Sjnir  111  Mi.  Vim  PvUo Di-c.   12, 

Mr  Villi  ll.vkc  to  NIr.  Ciislilin; Dec.  1 1, 

Mr.  .Mi<'ii.v  til  siiiiii.  I  Ire,  |h, 

inrlipiiiiv  :     Mr.  .MiCoy  to  Colonel  I'ortiT I  )!•(>.   17, 

Tlic  I'ri'siilnit  to  Mr.  McCoy '. Kcc.  2ti, 

Ml.  I'liMJiiii','  to  .Ml'.  MrlCioii !)i.(..  04, 

Ml.  MiKcciii  to  .Mr.  Cii..*liiiii; I>|'<'.  2ti, 

Mr.  CikIiIiij:  to  Mr.  MoKcoii  Kit.  '27, 

Mr.  .Vililisoii  to  Mr.  Ciisliiii;; Dei'.  2H, 

y\r.  riiiTi'  to(,"ii|itiiiii  r>i;i('low Inn.     !t, 

Mr.  .loacliiiiHon  to  .Mr.  CiisliiiiK 'Jiiii.     !• 

>ir.  CiHliiii;;  tor  .Mr.  Ciiiiiioii Inn.   I  i, 

Mr.  Ciiniiiiii  to  Mi'.  Ciisliinj; Jan.  l(i, 

.Mr.  Mi'Kcon  to  Mr.  CuNliini;' .Jim.   Hi, 

Siiiiii'  to  .^iiiiKi Inn.    Hi, 

Mr.  Cimlilii;:  to  Mr.  Melvi'on 1  Jan.   l!i, 

Mr.  Oi il  to  .M r.  Ciisliiii;; '■  l''i'l>.  I»i, 

Siiiiir  to  same '  l"'rl).   Hi, 

Mr. Ciisliiiif:  to  .Mr.  Inue Mar.    I, 

Ml.  Iiii;i'  to  .Mr.  Cii.sliiim- A)ir.     1, 

Mr.  .MrCny  to  .Mr.  Ciisliui;; Apr.    !>, 

Siiiiir  to  8II111I' j  Apr.  10, 

(,'liiii  ;;i'  lit'  J  iiil;;o  AVillson  to  tlio  grand  jury,  Noiithcrn  (U.strU't  of  <  )lilo.     ( Kx-  | 

triii't.)  ■  I 

Mr.  ('ii.tliin;;  to  tli(>  I'rr.siilent ■  May  97, 

I'lrsiiliiit '.s  iac«.saj;i' .May  'J!', 

Mr.  DiilliiN  to  Mr.  Marcy May     1, 

IiicliiMiircH:  I 

Mr.  Dallas  to  T,oril  Clarrnilon )  May    1, 

l.iiril  Claii'iKloii  to  Mr.  Dalla."! i  Ajir.  30, 

Ml.  Many  10  .Mr.  Dallas .May  27, 

.■"aiiic  til  Sir,  Craiiipton May  •J.-', 

Saiiic  to  Mr.  liaiclay May  2h, 

IiicliHiii't':     ]{|. vocal  ion  to  cxciinatiir .May  2H, 

.Saiiic  111  Mr.  IJow-irolt .May  2,'», 

.Mr.  Cii.sliiii;;  to  Mr.  McKcon l>cc.   17, 

Siiiiic  111  Mr.  Marcv |  Dec'.    17, 

Siiiiii'ta  Mr.  McK.Min  1  Dec.   12. 

Ml.  McKcoii  to  Mr.  VaniU-rbllt ;  Dec    |h, 

Pri'siilcnt's  iiicssaj;!' j  Jan.     7, 

IiK  lii.Miiri^  \n,  1 :  .Mr.  Toncoy  to  Coniinaiuler  CliiUanl  |  ( let.     'J, 

liiLlii.surn  Xo.  2:  Mr.  Cass  to  1  Sept.  If', 

Incld.fiire  Xo.  3;  Mr.  Toiicey  to  Klii'Z-OHicer  raiililiiii;,  United  States  Xuvy[  Oct.     3, 

liiiliwinc  (; :  ria^i  Olliccr  I'iiiiMiii};  to  .Mr.  Uynders '. ;  Dec.  II, 

Imliwiire  Xo.  17:  Same  to  Mr.  'i'oiicey j  Dec.  l.'i, 

Mr.  Keiiiiedy  to  .Mr.  IJliick !! i  X'ov.  2.'), 

.Mr.  Seiiiiiies"  to  same 1  Dec.  27, 

5Ir.  Miller  to  same Sept.    1, 

Saiiie  to  same |  Sept.    0, 

Mr.  Ilalch  to  tlio  President |  Sept.  22 

Saiiii'  111  .same Sept.  27, 

^Ir.  .Miller  to  Mr.  Hlack !  ( let.      7, 

SaiiiM  111  same,  (telegram) !  Oct.      H, 

Mr.  Kenned V  to  same,  (telegram) I  Oct.     8, 

Mr.  Miller  to  same I  Oct.    10, 

Mr.  Miller  111  Mr.  Hlack   I  Oct.    20, 

I'rtsiiieiit's  nie.Hsafre '  .Iiiiie    1, 

Mr.  Clayton  to  I  he  I'leaident '  May  31, 

Same  to  Mr.  Ilunton Aiij;.    !», 

.Same  to  Dun  A.  C.  do  la  Uarca :  Aiijt.    !), 

Saiiie  to  Mr.  Hall \A u;;.  10, 

I'lvsiilent's  messngo ;  Aug.  11. 

Mr.  Clayton  to  Don  A.  C.  do  la  IJaica Anir.  17, 

Same  to  district  attorney  of  Alabama ;  Ang.  23, 

name  to  Mr.  Hall,  (telef,'rani) i  Sept.   (i, 

Same  t ;i  same,  (telegram) :  Sept.    ti, 

Same  to  Bjime,  (teh'gram) 1  Sept.    7, 

Mr.  Hall  to  Mr.  Clayton 1  Sept.   8, 

Mr.Clayton  toMr.lIall Sejit.  lit, 

Mr.Sewellto  Mr.Clayton ;  Oct.   25, 

Mr.  Clayton  to  Don  A.  C.  do  la  Barca Jan.  22, 

Same  to  Mr.  Hunton Jau.  22, 

Same  to  Don  A.  C.  de  la  Barca May  18, 

Samn  to  Mr.  Hall May  17, 

Mr.  Hall  to  Mr,  Clayton May  20, 

oame  to  same I  May  25, 


855  I 
855 

8.V.  i 
H.-i5  ' 
8.-,5  ' 

H."i."> 
f.55 
•'.5,'i 
H.5.5 
^55 
f  55  . 
H.5ti 
ri.'iti 
8.50 
H5li  1 
8.50 
H.50  ' 
H,50  ' 
8,50  I 
8.5(1  I 
8.50  I 
8,50  I 
8,50  I 
8.50 
850 

850 
850 
8.50 

8,50  I 

f  ,50  i 

8,50  I 

8.50  j 

f.50  1 

850 

f.5li  j 

8.50  I 

850  I 

.s5(i  j 

8,50  I 

8.5H 

8,57 

r-.57 

857 

857 

857 

P.58 

858 

8.5<t 

8.5!» 

8.511 

8.5!» 

8.5i> 

85it 

85!l 

8,511 

f-,5!l 

8.50 

t>50 

84!» 

841t 

840 

84!l 

84!) 

84'J 

H4;i 

840 
840 
84!) 
849 
84it 
8.50 
8,50 
850 
8r>0 
8.50 

85a| 


3g 


I'aiie 
40!) 
."■OO 
.'lOl 
.502 

502 

.50.3 

.501 

504 

.500 

.5110 

508 

.508  I 

.MIO 

,500 

510 

510 

511 

512 

512 

513 

5U 

514 

5Hi 

517 

517 

.521 
543 
544 

.544 
540 
572 
004 
005 
000 
007 
001) 

oo;t 

010 
010 
012 
021 
022 
023 
024 
025 
020 
030 
030 
(i31 
Ii3l 
033 
034 
035 
035 
030 
038 
(i41 
042 
042 
040 
040 
048 
0.50 
051 
C52 
052 
0.53 
053 
050 
057 
058 
059 
«G0 
003 
005 
6ti5 


£1 


I'a 


■. 

027                        < 

I'fl 

<i27  ki 
028                         V  V 

"- '                         I 

fi'l 

<i-J!» 

tl 

IV 

030  I'  "4 
•'30                            i,    'i 

031 

im 

031 

'•m 

032 

0.32 

'"^ 

ti33 

'    i 

033 

(■■    1 

033 

(         ;. 

Ii34 

034 

034 

635 

035 

030 

«37 
045 
G45 

045 
040 
055 
005 
000 
000 
007 
0i'7 
007 
(ili8 
008 
008 
071 
072 
072 
073 
073 
074 
073 
075 
07fi 
070 
077 
077 
078 
678 
078 
079 
OSU 
081 
081 
682 
083 
083 
081 
685 
685 
685 
C85 
680 
687 
687 
688 
688 
689 
«00 
601 
601 


420 


TREATY    OF   WASHINGTON. 
Table  of  contents — Continued. 


From  wlioiu  ami  to  wliom. 


Mr.  Clnvt«ii  to  Air.  AVilliiims,  'tolc^frain) 

jlr.  Iliiil  to  Mr.  Cliiytoii 

SillllC  to  HIIIIU! 

Mr.  (  h.v.oii  to  Mr.  ir:ill 

(ifiicrul  .rolled  to  I'oldiicl  ("ruiK! 

Mr.  l'ri!»ton  to  tlir  rn-sidfiit 

ilr.  IMcstoii  to  Ciimiiiodori'  Slout 

Saiiif  to  ('ommoiliirc  I  )o\vtif.s 

Saiiii'  to  ("oiiimodiiri'  I'lirktr 

Saiiic  to  ('oiiiiiioiloic'  Tat  nail 

Saiiu^  to  Haiiit! 

Saiiit!  to  Ca]itaiii  Ncwtmi,  (tfl(';.;rniii) 

SaiHO  to  ("oiiiinodoro  I'ark'.M' 

Samt'  to  LifUCeiuiiit  Iliiiitcr 

Siuiii>  to  Ciiptain  Mct.'aiili'v 

S.iiiii'  to  (.'oiiiiiiodiin'  I'arkcr 

Saiiu'  to  CoiuiMOilir.i'  I.owi.dcs 

Same  t<i  ('ominodiirc   Mhwiic.m 

.Saiiu'  to  OoiiiiiKidi.rc  J'l.'kcr 

Ciiiiiiiiodorc  Kaiiil.il|di  to  Mr.  Trcstoii ' 

Inclosurc.  ('oriiiioiloic  Kaii  iiiljih  to  tin:  jieraonH  euctkiiiiicd  ou  Itoiind  Island  ! 

C'oiniiiaiidaiit  Xcwtiio  to  Mv.  I'rcstoii [ 

Iiic'l<i.surr.s,  ('oiinnaiid.iiit  Ni-wtoii  tot'iiiiniiander  i;;iudoli)b I 

Saiiii'  to  Haini' 

Saiiif  to  J..i('iil<'iiaiit-Coiiiiiiaiidaiit  Tottcii I 

Saiiu'  to  saiiir i 

SaiiH'  to  saiiii' j 

Saiiif  to  Lii'iitt'iiaiit'Coiiimaiidant  FarraiiU ' 

Same  to  .same | 

Same  to  Hame i 

Same  to  Commander  Parker j 

Same  to  Commander  Kandol]di 

Same  to  Ma.ster  I'ear.soii 

Same  lo  »ame 1 

Same  to  Commander  ItaLdolpli 

Mr.  I'reston  to  ('onuoander  ]vandol])li ' 

Mr.  Meredith  to  Mr.  IVter.s I 

Same  to  ecdlettor.s,  (eireular) 

l're.'<ident's  priielaiiiatiou 

I'resident's  proeliimatiou 

I'resideut  s  proelamation 

I're.sident's  l)roilaiiiatiou 


May 
May 
Ma.V 
May 


May 
.May 
May 
May 
May 
May  17, 


May 

Au'fi. 
AiiK. 
Aufi. 
Ann. 
A  "jr. 
An-. 


Auk. 
An^, 
A  UK'. 


Autr, 

Auk. 
A  UK. 
Aufi. 


Auj;. 
Auk. 
AliK. 
A  UK. 
Auk. 
AufT. 
Auk. 
Sept. 
Sept. 
Auk. 
May 
Auk. 
Apr. 
Dec. 
Oct. 


A  ia-.o 
a.'>,  \f'M 

iiti,  IH.-iO 
•J4,  1H4!) 

a,"i,  \!i:>n 

1."),  1H5U 
1.5,  lci.".0 
l.'i,  I  KM 

i:.,  irt.'io 

17,  Iti-'iO 
l(i,  lH-)0 
it,  18l!l 
M,  IH4!) 
U,  IHKt 
H,  1HI!» 
•J I,  If4!t 
•Jl,  IHW 
•j;i,  Irtllt 
•J.-',  IH49 
'if,  l,i4'.l 
:tI,lH4!t 
17,  lC4<t 
IH,  \f4'.t 
1!»,  lf4!l 
211,  l.-^-lil 
•JO,  IK-I!) 
2;i,  lH4lt 
•J7,  1H!I 
28,  18-lil 

27,  18-I!) 
2H,  184!t 

28,  184!t 
28,  18411 

(i,  18411 
20,  184!) 

10,  184(» 
28, 18.-.0 

11,  184!) 
2"),  18:il 

8,  18,')3 
no,  1W,")8 


i70  I 


Page. 
titili 
titlli 
«li7 
(itiH 
tltiS 
li70 
()70 
(1711 
ti7I 
071 
074 
07.5 
fi7« 
Cii) 
fi8l 
l>«2 
OK) 


084 
(i8,"i 
080 
088 
0111 

i;<i2 

61)2 
OIK) 
0<I4 
Oil,') 
Oil,') 
tiltfi 
01)7 
01)7 
U!)8 
01)8 
ODD 
700 
701 
701 
7();i 
704 
70.5 
707 
708 


Paip. 

\i'M 
till'J 
Oll-J 
(ilKi 

mi 
mi 

lilM 

i;ii,'i 

«!!.•. 
tiOfi 
(HIT 
81)7 

m 

lilK) 
TQll 
7(HI 
7(11 
7(11 
7ul 
7(|-J 
704 
704 
704 
70.') 
705 
70ti 
706 

:»: 

707 
707 
70ti 

70!' 

W 
709 
709 
710 
7!'l 
711 
71-J 
■1-J 


COIiUKSPONDKNCE  KELATIVIO  TO  THi;  MONITOKS  CATAAVUA  AND  OXJCOTA, 

A  r  Ni:\V  OKLKA.NS. 


Air.  (loiii  to  Mr.  Seward 

S;ime  to  same     

Mr.  Seward  to  Mr.  (ioni 

Mr.tioni  to  Mr.  Sewaril 

Same  to  .s  nie 

Mr.  Sew.iid  lo  Mr.  iUiwi 

Mr.  tiareia  di  Mr.  Seward  ... 

Same  to  same 

Mr.  l{ol>erts  to  Mr.  Fish 

Mr.  Fish  to  Mr.  Itoberts 

.Saine  to  same 

Mr.  Kebert.s  to  Mr.  Fi.-4U 


May 

.lulie 

July 

■Inly 
N'o\ . 
Noy. 
.May 
.(uiy 
A))i-. 
Apr. 
Apr. 
A  pr. 


211. 1808 
:I0.  l-(lr 

D.  1808 
2D,  H08 
24.  I8(i,-, 
;t(l,  1808 

8.  l^(i8 
28,  1 808 

:i,  180D 

7,  180!) 
14,  I. "(ill 
1,'.,  li-OD 


7i:t 

7l."p 
717 
722 
72S 
72!) 
7:I0 
7,11 
7:11 
7;i:t 
7a4 
7:»5 


'■a 

7'.M 


CORUKSPONDFNCE  HEL.VTIVK  TO  Till-:  FLOIUDA,  AT  rillLADKUMlIA. 


Apr. 
A  iir. 
.\pr. 
Apr. 
Apr. 


Mr.  Fish  to  Air.  ItoutwoU 

S.nme  to  Mr.  Hoar - 

Mr.  Hoar  to  Mr.  Fish 

Same  to  district  attoriu-y  eiwtiTU  district  of  l'onn«vlyunirt 

Mr.  Houtwell  to  Mr.  Fish 

IncloKures : 

Mr.  Moore  to  Mr.  IJontwell 1  Apr. 

Mr.  I.itzenlKiiK  t^o  eollet^tor  of  cilHtoms,  I'liiladelphia i  Apr. 

Mr.  Houtwtdl  to  collector  of  customs,  I'liiladelphia '  Apr. 

Mr.  Hoar  to  Mr.  Smith !  May 

Mr.  Fish  t«i  Ml.  lionr May 


;j,  I8GI) 

737 

72.-. 

;i,  180!) 

7;f7 

7i. 

10,  1801) 

7;tH 

10,  IHiD 

7;i!) 

■»> 

12,  1809 

739 

72(1 

8, 1809 

7<1 

Tin 

8,  l8t)D 

741 

7-/; 

1'!,  ISfiH 

742 

7* 

14,  K'OD 

V43 

7* 

15, 1809 

7« 

•«^ 

^  . 

^     ■ 

I-  r 

z  z 

5 '5 

yz 

!■  w 

ce 

m  • 

Pngc. 

Paie. 

0      tiiii; 

(ill;; 

ill      (itili 

(iw 

.():    «ti7 

(,K 

0  '    tllW 

m 

!t ;    COS 

(i!i:i 

>(t      (170 

tilH 

)0  :    (170 

(i'.l4 

.0      1170 

(i!H 

)0      fi7I 

(ill,') 

)0      (i7l 

Gll.'i 

.0      G74 

(i'lli 

lO  1    1173 

(i!i: 

!l  1    (17(i 

(in: 

!1)       (iV'.l 

liiii' 

lit       fifl 

(iim 

1!) ;   (ifi'j 

7011 

l!»       tiKI 

7(1(1 

1!»       tlH4 

7(11 

1!»     (w:. 

7(ll 

1!)  1     (W> 

7(11 

l!l  '     (iff! 

7(1-,! 

1!)     (ini 

70) 

lit  •■   (lii-j 

7(11 

i!i :  6!ia 

7(14 

i<)     Qy.\ 

70.i 

i'.)     cm 

7ii.'i 

1!»       (i'.lj 

70(i 

4it  1   (iiiri 

7(Mi 

111     cm 

7(H1 

!!•      (i'.»7 

707 

1!M     (il)7 

7(17 

4<l       (i!)!j 

7117 

4!t       fi!)8 

70> 

4!)       (i!l!) 

7(b 

4!),     700 

70- 

in       701 

701» 

Id  !    701 

7(111 

.0 :    7o:» 

7111 

19  ,    704 

7!M 

u  1    7or) 

711 

)5  '    70T 

7rj 

■)8  1     70r! 

71'J 

IH 

7  111 

711 

iH 

717 

7hi 

i.-i 

7'Jv! 

)^ 

7-j'i 

7J) 

H 

7v!ll 

7JI 

iri 

7:i(i 

7'*"- 

W 

7;(i 

7'M 

i!) 

7:11 

■.H 

il) 

7;):t 

7':i 

ill 

7114 

■.-.;( 

!l 

7;t5 

:n 

7117 

72.'. 

7117 

7i> 

7:w 

7i> 

::(!i 

7*i 

7;«i 

rx> 

7U 

w 

741 

rr, 

74-4 

74- 

74;t 

7i- 

744 

:-2t 

TABLE    OP   CONTEXTS. 
Table  of  contents — Continned. 


421 


From  whom  ami  to  whom. 


Date. 


I X      *  '^ 


>Ir.  Hoar  to  Mr.  Smith Ma v  Ir.  l-ifig 

Suiiif  to  Mr.  .Viidifws May  1-,  l.-*r.9 

Iiii'lomirc:  Mr.  Hoar  to  Mr.  Hixrlow Mav  1".  l^tSf  ' 

Mr.  Hoar  to  Mr.  Fi.sh May  1-.  Ij^i^O  i 

Shiih'  to  sanio    May  1-.  l!^>:' 

Mr.  Fish  to  Mr.  Murray -July  i».  I-».!i 

Haiiie  to  ilr.  KobprtM ; (At.  7,  Is*'.* 


CORUESPOXDENCE  RELATIVE  TO  THE  Sl'.WIsrr  (iUX-BOATS  AT  XEW  VOKK. 


Pane. 

Pofje. 

744 

7-29 

744 

729 

745 

729 

749 

730 

-50 

TJI 

7.tO 

731 

731 

733 

Acliiiiriil  Porter  to  !Mr.  l''i.sh,  (with  iiidosnro) Mav  l.V  l^J  753 

Mr.  DiiviH  to  Mr.  Jl(ilit!<oti Vnsr.   3,1809  751 

Admiral  Portur  to  Mr.  Fish An;;.    4.  IM?!  7.'V5 

Mr.  Kiild  to  Mr.  D.vvis Aiig.    4. 1-C9  755 

Iiiclosiircs; 

Mr.  I'iiUl  to  Mr.  Picrropont,  (telegram) Aii;:.   3. 1:I<C9  7:i6 

Mr.  Picrri'pimt  to  Mr.  Hoar,  (tt'lcyram) Aim.   3. 1  his  757 

Mr.  linilow  to  Mr.  Jloar,  (t('h><;ram) Vu^.   4.  lt<69  7.'»7 

Mr.  Davis  to  Mr.  I'ifrn'poiit \n-z.    4.  IrfO  7.53 

Jlr.  Itarlow  to  .Mr.  Hoar An^.    4.  Ir<9  7.59 

Mr.  llavis  to  Mr.  Harlow An::.   4. 1»fl9  761 

Mr.  Fish  to  Mr.  KoIk'HOU .Aiij:.  !'».  '^lia  762 

Samp  to  Mr.  Hoar Aug.  10.1-69  763 

Imlosuics : 

Mr.  I'-  il  to  Mr.  Picrropont Auz.  Ki.  li<'<9  764 

«r,..it'  to  Mr.  J!in  low A ii-.  K.'.  !-«•  764 

Mr.  Harlow  to  Mr.  Hoar,  (teh'sram) Aiiir.  10.1*9  765 

Mr.  Field  to  M  r.  Ilai  low,  (toletrram) \  iig.  1 1.  l.-»?.»  7&5 

Mr.Siiiitli  to  Mr.  Fish :  .\im.  1I.I;<»  766 

Mr.  llavis  to  Mr.  Harlow Vii-.  lit  l-^fl  7«T7 

.Same  to  Mr.  Hoar An:;.  1 1. 1^*»  707 

Mr.  Ki«h  to  Mr.  Houtwell S^pt.  14.  M»  76H 

.Mi.  Fisli  to  .Mr.  PierroiHint Xtiv.  i'l.  1^19  769 

Mr  I'ierrepoiit  to  Mr.  Fish Xov.  2.7.  !«;«•  770 

Ml.  l"i,sli  to  .\I     Picrrt'poiit Xov.  2«.  \^»  771 

Mr.  Harlow  ti    Mr.  Fi.sh Xov.  -J»..  If«9  773 

Mr  ItnUerts  til  .Mr.  Fi.sh Xov.  -.■7.  l!;«9  774 

.Mr  Fisli  to  Mr.  lioberts Xov.  Xt.  |siz»  782 

Mr.  Hoar  to  Mr.  Pierri'pout X"V.  :ict.  I -09  790 

Jlrlicilieits  to  Mr.  Fish !><■«■.     I,  l^^i  7-90 

Mr.  Fish  to  Mr.  Uobi^rts IKf.     4.  IfO  795 

Same  tn  Maine IN*.     .■'.  l-fl!l  797 

Mr.  linliert.'*  to  Mr.  Fish !  Jhi:     .-.  I-»59  7!»X 

.Mr.  Fish  to  Mr.  Pierri'iinnt, IVt.     -.  Mfl  79!t 

Mr.  rierre|!oiit  to  Mr.  Fisli Ih-c  lit.  ifta  s«iO 

Mr.  Hoar  to  Mr.  Fish Ih-e.  16.  li^  gOl 


TAUT  II. 

CrnAX  COUUKSPOXDEXt  E,  lr»«U-l-7l. 


Mr. 
Ml. 
Mr. 
Mr 
Mr. 
Mr. 

Mr. 
Mr. 
Mr, 
Ml. 
Mr 
>lr. 
Mr 
Mr 
Mr 
Mr 
Mr 
Mr 
Mr 
Mr. 
Mr. 


Diekiiisoii  tn  Mr.  Hunter,  (teleijriitn) .Tan.   24. 1-fiO 

Hunter  111  M:-.  Dickinson,  (telegram) Jnn.   2.'.  i^«'6   . 

DicUiii.son  to  Mr.  Seward K«l>.   17.  l-«; 

S.'warcl  til  Mi.  lliekinsiin Mar.  31. 1»«6  '■ 

Seward  to  .Mr.  MeCnlhieh    Apr  10.  l^fifi  -. 

MeCiillueh  to  Mr.  Seward Apr.  11.  IxfiO 

S''ward  to  Mr.  Dickinson Apr.  II.  1"«6  i 

S'ward  to  .Mr.  Tassnra Apr.  II.  MiO 

Seward  to  .Mr.  WeHos \pr.  10  l»«0 

MiCiilliich  to  Mr.  Wf  ward ,\pr.  20.  Ir«.« 

riiniiiidl  to  Mr.  MeCulinch \ pr.  Ifi.  1-iio 

•Speed  to  Mr.  Ktliiv Apr.  21.  Ii** 

Seward  to  Mr.  M<("ulhHdi  Apr.  21. 1.-OK 

(lOiKljiK!  to  Mr.  AshtoM Mav    .5.  l-«6 

.\HhtiMi  l4i  .Mr.  Seward Mav    9  Ij«« 

Si'ward  t^i  Mr.  Mpt^iiUiMdi Mav    9.  lHfi6  \ 

•  handler  to  Mr  S.ward Jaii.  •£'.  li** 

MeCiilloeli  t(i  .Mr.  Seward Ki-b.    2.  I**!  ' 

Sii'vthetoMr.  MoCullooh Fan.  .«.  l'«7  ' 

^eurliiey  to  Mr.  Steward Veh.     .5.  I(«7  . 

Smythii  to  Mr.  (.'ourtney Vi-h.     .5.  If*?  < 

Uiirron  to  Mr.  Hrowniiig Jolv  13. !:«« 


732 

733 
73J 
733 

'M 
■'H 
735 
735 
■/35 
736 
737 
TJ7 

TJ7 

738 

738 

riK 

730 
7.39 
739 
740 
740 
741 
741 
742 
743 
746 
748 
749 
7.50 
751 
7.71 
7.V2 
7.53 
753 


1 

7.59 
7.59 

2 

759 

3 

760 

3 

760 

4 

761 

5 

761 

6 

761 

t 

702 

1 

762 

H 

762 

(< 

763 

9 

763 

10 

7KI 

11 

7M 

If 

764 

12 

765 

13 

765 

13 

765 

14 

7C6 

IS 

•m 

17 

767 

Ml':  ,f 


422 


TREATY   OF   WASHINGTON. 

Table  of  contents — Continued. 


From  whom  ami  to  whom. 


Mr.  ITeiTins  to  :Mr.  I?r<)wiiiii? 

Mr.  Soward  to  Mv.  Eviirts 

Mr.  Kviirts  ti>  Mr.  Courtney  

Mr.  Jlurriiy  to  Mr.  Kvart.s^ 

SpaiiiNh  niiiii.stt;r,  (iiipmoraudam) 

Mr.  Kisli  to  .Mr.  JSoutwrll 

Mr.  Finli  to  Mr.  Hoar 

Vico-Ailmiral  Porter  to  Mr.  Fish 

Mr.  Hoar  to  Mr.  ISi.sbtf 

Mr.  Hoar  to  ili.strict  attorm-v.'* 

Mr.  Hoar  to  Mr.  Fish 

Mr.  Fish  to  ^Ir.  Itiicliannn 

Mr.  Hoiitv  I'll  to  Jlr.  Fi.-»h 

Mr.  Moiiily  to  Mr.  ItoiitwcU 

Mr.  Koiix  to  Mr.  Hoiitwoll 

Vice-Ailiiiiral  I'ortfU  to  Mr.  Fish 

Mr.  Fish  to  Mr.  IJoborts 

Mr.  J'orter  to  the  I'r«  siih-nt 

lJ«ar-A(lmiral  llort"  to  Mr.  IJorie 

CoiiiiiKMloi'f  (Ic  Kratt't  to  Itenr- Admiral  Hoff . 

Mr.  Fish  to  ilr.  BaHow  

Mr.  Harlow  to  ^Ir.  Fish,  (telegram) 

Mr.  Fish  to  Mr.  Hoar 

Mr.  P'isli  to  ^Ir.  l$<.ut well 

Mr.  IJarlov.  to  Mr.  Fish 

Mr.  Kisli  to  itr.  Harlow 

!Mr.  JJarlow  to  Mr.  Fish 

Mr.  Hoar  to  Mr.  IJarlow 

Mr.  Moiitwell  to  Mr.  Fi.sh 

Mr.  Hoar  to  Mr  I'ierrepont 

Mr.  IJarlow  to  Mr.  Fisli 

Mr.  Hout well  to  Mr.  Fish 

Mr.  Griiinell  to  ilr.  IWiutwell 

Mr.  Houtwell  to  Mr.  Fish 

Mr.  ( iriiuiell  to  Mr.  ISoiitwell 

Mr.  I'ierrepont  to  Mr.  Hoar  

Mr.  Fish  to  ^[r.  Hoar 

Mr.  Davi.s  to  Mr.  Harlow 

Mr.  Hoar  to  Mr.  I'ierrepont 

Mr.  Houtwell  to  Mr.  Fish 

Same  to  Mr.  Grinnoll 

Same  to  Mr.  Moore 

Same  to  Mr.  Fisli  

Mr.  Grinnell  to  ^Ir.  lioutwell 

Mr.  Hoar  to  Mr.  Fish 

Mr.  I'ierH^iMint  to  Mr.  Hoar 

Mr.  Fisli  to  Mr.  IJoberts 

Same  tr)  .same 

Mr.  Fish  to  Mr.  Houtwell 

Mr.  r>ontwell  to  Mr.  (irinnell 

Mr.  Fish  to  Mr.  Houtwell 

Mr.  Hoar  to  Mr.  I'ierrepont 

Mr.  I'ieriepont  to  Mr.  Hoar 

Mr.  Fish  to  Mr.  KolK^rts 

Mr.  Fish  to  Mr.  Hoar 

Mr.  Fish  to  Mr.  Kohertf 

■Mr.  Hoar  to  Mr.  Harlow 

Mr.  Houtwell  to  ^Ir.  Fish 

Ml'.  Fish  to  Mr.  Houtwell 

Mr.  Hinitwell  to  Mr.  Mooiv    

Mr.  Hiickel  to  Mr.  Houtwell .* 

Mr.  Fish  to  Mr.  l*ierrei»imt 

Sanu'  to  same 

5tr.  Harlow  to  Mr.  Hoar 

Same  to  same,  (telegram) 

Same  to  same,  (teli'irram)   

Mr.  I'ierrepont  to  Mr.  Fi.sh.  (telegram; 

Mr.  Fish  to  the  I'resitlent 

Mr.  Fish  to  Mr.  I'ierreponf,  (telein-am) 

Mr.  I'ierreiMint  to  ^Mr.  Fish,  (telegram) 

Same  to  same 

Mr.  Field  to  Mr.  Fi-h 

Mr.  Harlow  to  Mr.  Ho  »r 

Same  to  saiiii',  (telegram) 

Sami!  to  same  

Mr.  Houtwell  to  Mr.  Hoar 

Mr.  Houtwell  to  Mr.  Harlow  

Mr.  Houtwell  to  Mr.  Griuuell 


July 
Nov. 
Nov. 
Nov. 
Mar. 


Mar 
:Mar 
Mar. 
Mar. 
:\Iar. 
Mar. 
Mar. 
Ai)r. 
Mar. 
:Har. 
Apr. 


A\»: 
Apr. 
Apr. 
May 
Ma'y 
May 
Ma'v 
.May 
May 
May 
May- 
May 
ilaV 
^lay 
May 
:May 


:\Iay 
.May 
:Mav 
^^laV 
^lay 
May 
Mav 
May 
Mny 
May 
May 
MaV 
May 
ilay 
May 
^lav 
.May 
.riilie 
•lune 
.luiu' 
iluno 
June 
Jinit! 
June 
June 
June 
Juno 
June 
June 

JUIU! 

Juno 
Juno 
June 
June 
June 
Ji\ne 
Juno 
June 
Juno 
Juno 
June 
Juno 
June 
Juuu 


20, 1RC8 
11,  l«(i8 
14,  18(irt 
1!),  letifi 

19,  If'G!) 

20,  If  (ill 
ao,  IHIO 
2-2,  IfCiO 
2:1,  I  WOO 

23,  ism 

23,  lf(i!) 
30,  1809 

(i.  Infill 

20,  im) 
29,  lHti9 

fi,  lt'G9 

7,  18(ii) 
21, 1869 
13,  1809 
11,1809 

7, 1809 
7, 1809 

8,  1809 
6, 1809 
u,  I8(i9 

8,  1809 

9,  1809 

10,  1809 
10, 1809 

11,  1809 
11,  1809 

11,  1809 

10,  1809 

12,  1809 

11,  1809 

12,  1809 

13,  1809 
— , 1809 

14,  1809 
14,  1869 
14,  1869 
14,  1809 
18,  1809  I 
I.''.,  1809 
18,1809  I 

17,  1809  I 
2(1,  1809 
21, 1869  ' 

21,  1809 
21. 1869 

25,  1809 
17, 1809 

18,  1809  : 

18,  1809  1 

19,  11-09  •' 
19,  1809  ; 
19,  1809 
24,1809 

24,  1869 
24,  1869 
24, 1869 
20, 1869 

26,  1869 

28,  1869 
ti8, 1809 

29,  1869 
29,  1869 
2!l,  1869  i 
29,  1809  I 
30, 1809  I 
3(1,  1809  I 
3(t,  18(i9  1 
29, 1809  I 

29,  1869 
30,1869 
3(1,  1809  I 

30,  1869 

31,  1809  I 


Parje. 
17 
21 


23 
2.") 
20 
27 
27 
2H 
29 
30 
31 
33 
33 
34 
35 
35 
30 
30 
37 
39 


39 

41 

41 

42 

43 

44 

47 

47 

47 

48 

49 

50 

51 

52 

52 

.53  1 

54  I 

54 

55 

56 

.56 

57 

58 

59 

.59 

00 

61 

01 

02 

02 

03 

(kl 

64 

04 

65 

65 

66 

67 

67 

68 

09 

70 

71 

71 

71 

72 

73 

73 

74 

75 

75 

70 

77 

77 

78 

79  I 


Page, 

■ii7 
"lid 
7(» 

7;o 

"I 
7:1 


774 
"A 
771 

77,-| 


771) 
77lj 
777 
777 
777 
77:; 
77s 
779 
77!l 
77'J 
7-0 
7sl 
7?l 

7!'l 

l&i 
7H-.! 
7.-:) 
7?3 

7e:t 

7!<4 

7ti4 

•a 

7.-'.i 

7!^li 

7i*li 
7Sti 
7H7 
-.-7 
7e7 
7.-S 
^^*H 
7t!!i 
't»^ 
7f!t 
7rtl 
7f!l 
T'.KI 
7M 
71H) 
791 
7!ll 
791 
7!tt 
7:13 
79;t 
7911 
79;t 
793 
791 
794 
79.-1 
79.) 
79.') 
7!Hi 
7IHI 
79t) 
797 
797 
797 


Mr. 
M>-.  ii 
Mr.: 
Mr.  1!< 
Mr.  H' 
Mr. 
.Mr. 
Mr. 


h^'. 


TABLE    OF    CONTENTS. 
Table  of  contents — Continued. 


423 


1 

s.£ 

x-~ 

3;s  , 

il  — 

C  t  i 

;,: 

Paqe. 

I'aqe. 

i      n 

'lu 

^         21 

'm 

^         62 

'm 

J         23 

'm 

)        25 

TA 

1         20 

'I'M 

)        27 

n\ 

1        27 

771 

)        28 

77-J 

)        29 

"i 

>)        30 

772 

^        31 

7ri 

9        33 

774 

9        33 

774 

J        34 

771 

1        35 

775 

)        35 

775 

)        3G 

775 

9        3B 

■7ii 

9        37 

77() 

9        39 

111 

9   

1  tt 

9        39 

777 

9        41 

77tl 

9        41 

77S 

9        42 

779 

9        43 

7:!t 

9        44 

77'J 

9        47 

7^0 

9        47 

7S1 

9        47 

7pI 

9        48 

7S1 

9        49 

'Si 

9        5() 

Vi 

9        51 

7t:t 

9        52 

Vi 

9        52 

7t<:t 

9        53 

7S4 

9        54 

7C''4 

»        54 

7!!4 

)        55 

7S) 

)        5li 

7i'.i 

)        5ti 

•,Sf> 

1        57 

'S6 

)        58 

7l*« 

t        59 

7S7 

)        59 

7;7 

)        (iO 

7!!7 

»        (il 

•f^ 

)        01 

•n-". 

)        Ii2 

W. 

)        02 

7t-." 

)        03 

i     7.!t 

)        03 

1      7.-"J 

1        04 

i      7r!l 

»'      04 

!    :w 

1        05 

1      7!I0 

1        05 

7iW 

1        00 

7ill 

07 

7!)1 

07 

7!ll 

08 

7W 

1      09 

::« 

70 

7it:t 

71 

7W 

71 

7!W 

71 

:vi 

72 

7'.M 

73 

7!M 

73 

7!i:> 

74 

7!l.) 

75 

7!lo 

75 

•% 

70 

VM\ 

77 

'iHi 

77 

7!l7 

78 

7117 

79 

7^7 

From  whom  and  to  whom. 


Date. 


Mr.  Umit well  to  :Mr.  Tlinmns,  (lolo^ram) 

Mr.  lldiitwiOl  to  Mr.  Miiislmll.  (tolc^ram) 

.Mr.  HDiitwfll  to  Mr.  N'olan,  (t('l(*;iiiiii)) 

Mr.  limit  well  to  Mr.  (Jriiuioll.  (tcU-firiiin)  

Mr.  li')'.itwi'll  to  Mr.  Moore,  (t(;l<';{riim) 

Mr.  jidiitwell  to  Mr.  IJarlow,  (telei^ram) 

Mr.  llimtwell  to  Mr.  Mae.o.v,  (telefjram) 

Mr.  l!:irlo\v  to  Mr.  Hoar,  (telt  irniiii) 

iir.  I'ield  to  Mr.  P.  Mar.sliall,  Xew  Haven,  (tele;j!ram) 

Mr.  Kii-lil  to  Mr.  Willey,  ( teloi>raiii) 

Mr.  Field  to  Mr.  Barlow,  (tele;fraiii) 

Mr.  Willev  to  Mr.  Fi'dd,  (telegram) 

.Mr. Ciull  to  .Mr.  Field,  (telegram) 

Mr.  Field  to  Mr.  Willey,  (tidejiratn) 

Mr.  liarlew  to  >[r.  Hoar,  (telenriun) 

Mr.  Field  to  Mr.  Harlow,  (tele;L,'raiii) 

Mr.  Itiirlow  to  Mr.  Hoar,  (teleKfam) 

Siiiiie  to  .same 

Mr.  Pavis  to  Mr.  Pieri'epout 

Mr.  Field  to  Mr.  Carll 

yU:  liarlow  to  Mr.  Hoar,  (telegram) 

Jlr.  Field  to  ilr.  Harlow 

Mr.  Hoar  to  Mr.  I'iei'repont 

Mr.  M.  de  llarn  to  Mr.  Thoma.s 

Mr.  liowmau  to  Mr.  do  llarn 

Mr.  Ifoiir  to  Mr.  Jtarlow 

Same  to  Mr.  l'i«rrPiiont 

Mr.  Fisli  to  Messrs.  l'ierrei)ont  and  Harlow 

Mr.  I'ierrepoiit  to  Mr.  Fish.  (telef;raiii) 

Mr.  Harlow  to  Mr.  Fisli,  (tele;;rani) 

Same  tii  same,  {telegram) 

.Mr.  Ki.sli  to  Mr.  I'ierrepout 

Mr.  Fisli  to  Mr.  Roberts 

Mr.  Fi.sli  to  Mr.  Hoar 

Mr.  Hoar  to  Mr.  Fish 

Mr.  Fi.sti  to  .Mr.  Harlow 

Mr.  Field  til  Mr.  Talbot 

Mr.  I'MteHtad  to  Mr.  Davis 

1  Mtiiioraiidnm  inclosed) 

Mr.  Davis-  to  ilr.  Potostwd 

Mr.Morrill  to  Mr.  Hoar,  (te.learam) 

Mr.  Field  to  Mr.  Milled«e,  (telegram) 

Mr.  Milled^e  to  Mr.  Hoar,  (telo;;nun) 

Siiiie  to  same,  (telegram) 

Mr.  Fiild  to  Mr.  Milled^e,  (tele>;rnm) 

.Mr.  Milledse  to  Mr.  Hoar,  (teb'srani) 

Siiiiii'  to  Nume,  (teletrrafti ) 

Mr.  Kieliardson  to  Mr.  IJobb,  (telegram) 

Mr.  Kii-ld  to  .Mr.  Kawlins , 

'ii'iicnd  Townscnd  to  General  Terry 

Mr.  Kieliardson  to  Mr.  Casoy,  (tidesrani) , 

Mr.  KicliaidKon  to  eolleotorot  Mobile,  (telegram)   . . . 

Mr.  I'icid  to  Mr.  Milledge,  (telegram) , 

Siiiiif  to  Haiiie,  (telegranii 

Mr.  .Monill  to  Mr.  Hoar,  (telegram) , 

Mr.  MilledKe  to  Mr.  Hoar,  (telegraui) 

Mr  .Milli'dsje  to  Mr.  Weems 

Mr.  Field  to  Mr.  Haldwiu 

.Mr.  I  (avis  to  Mr.  Boiitwell 

Mr.  Harlow  toMr.  Fi.sh 

Mr.  Fish  to  Mr.  Harlow , 

Mr  Harlow  to  Mr.  Fish , 

Mr.  lidutwcll  to  Mr.  Fish 

Mr.MiMire  to  Mr.  Uontw.dl 

MrlMiniliieli  to  Mr.  Moore 

Mr.  Fish  to  Mr.  Boiitwell 

Mr.  Fish  to  Mr.  Rtdieson 

.Mr.  Kiihi'Hoii  to  Mr.  Fish , 

Siiiiie  to  same 

Mi.  liiehaidson  to  Af  r.  Fisli  .]\V.V. .  M\'. .[["].] ..... 

Mr,  Hoar  to  Mr.  KIsh 

Mr. Smith  to  Mr.  Hoar 

Ml.  Vmiii;;  to  Mr.  ( iregorv , 

Mr.  Harlow  to  Mr.  Fish..' 

Siiiiii'  to  same 

^iiiiii'  til  same .'. 

Mr.  Fish  to  .Mr. Plerropont.. ...... .....!!!.........".. 


'  .Time  30, 
June  30. 
I  .rune  30, 
I  June  30, 
;  June  ;mi, 
!  June  .30, 
i  .rime  30, 


Inly 
July 
Julv 
Jiily 
Jiil'v 
July 
July 
July 
.Fuly 
July 
Julv 

JiiiV 

July 
July 
July 
July 
July 
Jul.y  1(1 
.fuly  13, 
July 
July 
.July 
July 
July 
July 
Julv  1.5. 
July  111, 
July  10. 
July  30, 
iVng.  Iti. 
Au(.'.  21. 
.Vug.  21, 
.\  iig.  24, 

\11L'.  31, 
.Sept.  1, 
Sept.  2, 
Sept.  3, 


l.T.i) 
li^Oil 
1^09 
1,^09 
1809 
lHi9 
lll<(;9 
ie(>9 
Ir-ti'i 
lr'(i9 
1809 
1.-09 
1809 
1809 
1^09 
1809 
1809 
18()9 
1809 
1809 
:809 
If  09 
1809 
1^-09 
18t;9 
1809 
1809 
1809 
1809 
l,-09 
1809 
1809 
1809 
1809 
1809 
1809 
1809 
lMi9 
1p09 
lc09 
I.-09 
1809 
1  r.09 
1809 


W    1.      I     HH 


C   3 
i.   3 

£2 


.•Sipt. 
S.pt. 


I'Pt. 


Se|il 
.Sept 
Sept, 


Sept. 
Sept. 
Sept. 
.Sept. 
Sept. 
Sept. 
Sept. 
Sept. 
Nov. 
Nov. 
Nov. 
Nov. 
Nov. 
Nov. 
Nov. 
Nov. 
Nov. 
N'ov. 
"  >v. 


Nov. 
Nov. 
Nov. 
Dee. 
Apr. 
July 


3,  IHiO 

3.  If'OH 

:i  1-09 

I.    |M      ■■ 

4,  180'.l 
4,  1809 
4,  1809 
0,  1809 
li,  1809 
0,  1.-09 

13,1809 
28, 1809 

8,  1809 
12,  1809 

10,  18ti9 
10, 1809 

9,  1,-09 
9,  1HI9 

12,  1809 

11,  1809 

13,  1809 
1.5,  lr^09 
10,  lr;09 
1.5,  1^09 
13,  lHi9 
10,  11-09 
20,  lr09 

7,  1809 

27,  1«70 

7,  1M70 


Page. 

79 

80 

80 

81 

HI 

82 

82 

83 

83 

83 

84 

84 

85 

HO 

80 

87 

87 

88 

89 

89 

91 

92 

92 

94 

95 

90 

97 

98 

102 

102 

102 

103 

1U4 

105 

105 

100 

100 

107 

107 

108 

lo:i 

111:1 
109 
110 

no 
no 
111 
in 

112 
113 
114 
114 
114 
115 
115 

no 

117 

118 
118 
119 
120 
120 
121 
122 
123 
123 
124 
125 
125 
120 
127 
127 
I2H 
129 

i:<u 

131 
132 


[Page. 

I  798 
798 
798 
799 
799 
790 
cOO 
800 
800 
800 
801 
801 
801 
802 
802 
802 
1-03 
803 
803 
804 
804 
»05 
805 
806 
800 
807 
807 
808 
809 
810 
flO 
810 
811 
8ll 
811 
812 
812 
813 
813 
813 
814 
814 
fl4 
815 
815 
815 
815 
816 
8in 
817 
81'. 
817 
818 

Hl8 

-18 
-18 
-19 
-19 
-20 
8J0 
p20 
821 
-21 


823 

823 
82:» 

824 
H24 
825 
825 
820 
82« 


Pfll^ 

T 

W"  J\ 

f< 

424 


j^ 


TREATY   OF   WASHINGTON. 

Table  of  contents — Continued. 
CORRESPOXDEKCE  RELATIVE  TO  THE  HORNET. 


Mr.  Fi<-l<l  to  Mr.  Mavia 

Mr.  llailow  t<i  Mr.  Hoar 

Mr.  Field  to  Mr.  Smith 

Mr.  Valentine  to  Mr.  Field 

Same  to  same 

Mr.  Grepiry  to  Mr.  Valeiif  iiio  

Captain  .loiieH  to  Mr.  Valentino 

Mr.  Field  to  I*Ir.  Davis 

Mr.  Valentino  to  Mr.  Fi(dd 

ilr.  <  Jre}:ory  to  Mr.  Smith 

Mr.  V<iuii<:  to  Mr.  (iregory 

Mi .  Field  to  Mr.  I'.ai  low  .' 

Mi.  I»avis  to  Mr.  nmitwell 

Mr.  l»a\i«  to  Mr.  Hiirlow 

Mr.  Harlow  to  Mi .  Fish 

Mr.  Davis  to  Mr.  Harlow 

Mr.  Harlow  to  Mr.  Fish 

Mr.  Davie.H  to  Mr.  Karlow 

Mr.  ISarlow  to  Mr.  Hoar 

Mr.  Fiel  1  to  Mr.  Davis 

Mr.  Valentine  to  Mr.  Field 

Mr.  Harlow  to  Mr.  ( ireaory 

Mr.  Hunter  to  Mr.  Field  .! 

Mr.  Fiild  to  Mr.  Smith 

Mr.  Da viK  to  Mr.  Harlow 

Mr  Hoar  to  Mr.  Harlow 

Mi.  ISiirlow  to  Mr.  Hoar 

Wairiint  tor  arre.st  of  Hornet 

Mr.  Hartley  to  (ieiieral  Shennuu 

Mr.  ItiiMiley  to  Mr.  Hoiitwell 

Mr.  Hartley  to  General  Shornian 

Mr.  Riiiiiley  to  Mr.  Hoiitwell 

Mi.  Hoiitwell  to  (leiieral  Sliennan    

Ii<-u<-ial  Sherman  to  connnandin^  oflicei',  Fort  Johnson. . . 

( ieiiei-al  Sherman  to  Mr.  Uuinley 

General  Kelton  to  ( ieneral  Terry,  (telegram) 

Mr.  Houtwell  to  Mr.  Rumley 

Same  to  kaine 

3Ir.  Har low  to  Mr.  Fish,  (telegram) 

Mi  .  Hoar  to  Mr.  Starlinck 

Vi. •••.Admiral  Port^T  to  Mr.  Fish 

Mi.  Hiiiiilev  to  Mr.  Hontwell,  (teleyram) 

Mr.  l;<int wi  11  to  Mr.  ]{ohl),  (teUfirani) 

Mr.  Hoiitwell  to  Mr.  Rumley,  (telegram) 

Mr.  Hontwell  to  Mr.  Jtumley.  (t(degrani) 

Viii-Adniiral  Porter  to  the  Vre.iident 

Vice-Ailii.iral  Porter  to  jiear-Admiral  Stringhani 

Viee-Adiniral  Poi  ler  .„  eommaiuliiig  ottiui'r.  Key  West  . . 
Vire-Adminil  Porter  to  Rear- Admiral  (iodun,  (telegram). 

Vire. Admiral  Porter  to  the  President 

Ki-ar  Admiral  GimIoii  to  Vir.e-Admiral  Porter,  (telegram). 

C'lMiniamler  (^iieen  to  Mr.  Robeson 

ViecAdmiral  Porter  to  the  President 

K'ar- Admiral  Godoii  to  ^Ir.  Rolie.son 

Messrs.  Parson  and  French  to  Mr.  Hoar 

Mr.  Slarlinek  to  Mr.  Hoar 

}kl..»srs.  I'arson  and  French  to  Mr.  Hoar 

Ki«nie  to  same  

Mr.  Fioli  to  Mr.  Honr 

Mr  Pheli.s  to  Mr.  Hoar 

Mr  Hoar  to  .Mr.  Phelps 

Mr.  Carniii  to  Mr.  Hoar 

M.v  PheliiH  to  Mr.  Hoar 

Mr  Field  to  Mr.  l'hel|m 


Mr  I'heliiH  to  Mr.  Hoar. 

Mr.  Starlmck  to  Mr.  Hoar 

Mr  Maeias  to  the  President 

Mr.  Hoar  t4>  Mr.  Fi»li 

Mr.  Hoar  to  Mr.  Starhiiek 

Mr  Fish  t<i  Mr.  Davis,  (telegram) 
Memoranda 


Aug, 
Aug, 
Aug, 
Aug. 
Aug, 
Aug 
Aug. 
Aug. 
Aug. 
Aug, 
Aug, 
Aug. 
July 
Aug, 
Aug, 
Aug, 
Aug. 
Aug, 
Aug, 
Aug, 
Aug, 
Aug, 
Aug. 
Aug, 
Sept 


Sept 
Oct. 


If).  18(19 
1-1,  IBfi!) 
1:J,  lH(i!l 

10,  m\') 

10.  IHU!) 
IC,  l«0<t 
10,  IWHI 

18,  i?en 
n,  i86!t 

17,  18«!» 
10,  I8ti!) 

18,  1809 
18,1869 

18,  1809 

19,  1809 
19, 1809 
19,  1809 
19,  1869 
19, 1809 

19,  I8t)9 

20,  1809 
19, 1809 
iu,  IHii:; 

21,  1809 
29.  1809 
29,  le09 

1, 1809 


Oct. 

Oct. 

Oct. 

Oct. 

Oct. 

Oct. 

Oct. 

Oct. 

Oct. 

Oct. 

Oct. 

Oct. 

Oct. 

Oct. 

Oct. 

Oct. 

0(*. 

Oct. 

Oct. 

(Jet. 

Oct. 

Oct. 

Oct. 

Oct. 

Oct. 

Oct. 

Oct. 

Oct. 

Oct. 

Oct. 

Oct. 

Oct. 

Oct. 

Nov. 

Nov. 

Nov. 

Nov. 

Dec. 

June 

June 

Juno 

Oct. 


4,  1809 
3, 1869 
4, 1809 
4, 1809 
4, 1809 
4, 1809 

1809 
1809 
1809 
1863 
1809 
1809 
1869 
7, 1809 
7, 1809 
7,  1809 
7, 1869 
7, 1869 
7, 1809 
7, 1809 

7,  1869 

8,  1809 

7,  1869 

7. 1869 

8,  1869 
8, 1809 

11,  1809 
11, 1809 

9,  1809 
12, 1809 
12, 1869 
20,  1869 
30,  1869 

5,  1869 

22,  I  :<09 

23,  1869 
29,  1809 
30, 1869 

1. 1870 
11,1870 
11,  1870 

6, 1870 


Pane. 
IX, 
135 
136 
136 
137 
138 
139 
140 
1-10 
142 
143 
146 
146 
147 
147 
148 
l.=i3 

15,5 
150 
1.56 

157 

158 
V>'} 
160 
163 
104 
104 
105 
106 
106 
107 
107 
168 
168 
169 
170 

no 

171 
171 
172 
172 
173 
17:i 
174 
175 
175 
176 
170 
176 
177 
177 
178 
178 
179 
179 
180 
181 
182 
IM 
186 
187 
188 
18!) 
190 
192 
192 
194 
195 


Page. 


W8 
ti.",l 

m 
m 

83:) 

m 
m 

m 
m 

S3(l 
W7 
«I7 

mi 

«3i: 

«^ 
m 
m 

841 

m 

sii 

Hi 

ma 
ft) 
in 
m 

Hi 

«u 
m 

Hi 
H:, 
t'l.-i 

(Mii 
646 
Nil 
H', 
NT 
NT 
Hi 
Hi 
84s 
Hi 
Nil 
N9 
Ni) 

m 
m 
f:>[ 
S.11 

S.K) 

S53 

m 

1-54 
IVi 
Hm 
f.V. 
l!56 


TABLE   OF   CONTENTS. 


425 


Tahle  of  contenU — Continued. 


rt  ^ 

. 

t  3 

?  = 

s  ^ 

-"" 

C- 



'*'  " 

"^  - 

Pane. 

Pnqf 

m\i 

l.T. 

."27 

em 

IX, 

["•jy 

8(i!) 

i;«) 

f-^ 

8(i!) 

m 

t^2- 

8(i!) 

i:t7 

f'i-i 

Will 

i:t8 

& 

HOil 

1H9 

f^'Jii 

s«!l 

140 

8:!0 

mi 

no 

RKI 

8«i) 

143 

m 

««!> 

14.1 

m\ 

8(i« 

146 

8.1:' 

86!) 

146 

8;t:i 

8li!l 

147 

m 

H(i!) 

147 

c:i:i 

fl()9 

148 

.-;i4 

HC'J 

1;:.) 

m:, 

869 

IM 

m 

8(19 

m 

c'3(i 

8(i9 

156 

e:)7 

8(i9 

ir.6 

«I7 

81)9 

'.-.: 

8;i7 

8U.: 

i.iT 

8;i7 

8(i9 

1... 

su- 

809 

l.W 

es.- 

8ti9 

150  ■ 

8:1- 

8«9 

160 

Kill 

.  .  -  . 

m 

S^ll 

809 

164 

841 

8()9 

164 

841 

8G9 

16.->  i 

m 

8liU 

166  ' 

84i 

8U0 

KiO  i 

84i 

8(i9 

167 

Hi 

*fi9 

167 

1-4:! 

im 

168  ' 

84:t 

m 

168  . 

8411 

m 

169  1 

84;) 

m 

170  1 

844 

*(i9 

-.70  i 

844 

!69 

171  ; 

844 

iliO 

171 

845 

m 

17i 

f4.-. 

m 

172  : 

f4,'i 

m 

173 

I4li 

m 

17:) 

t)4ti 

jfiii 

174  j 

8411 

J(i9 

175! 

847 

'(19 

nr. ' 

»<47 

'69 

170  ; 

847 

i(i9 

17J 

mi 

'69 

176  , 

84f 

169 

177 

84,- 

i69 

177 

84^ 

169  1 

178 

84!l 

169  1 

178  1 

849 

169  1 

179  ' 

8411 

169 

170 

».)ll 

69 

180 

m 

69 

181 

850 

69} 

18-2! 

8.-)l 

169 

li-l 

8.11 

09  1 

186  1 

fsi 

69 

187 ; 

8.VI 

69 

188  ! 

CV) 

69, 

189 

8.-.4 

70' 

190 

f.'i4 

70 

lit-J 

8,M 

70  i 

192 

e.Vi 

70  j 

194 

a; 

195 

856 

^^PP^KMKXTAL  MEAfOR.VXDA  AND  DIPLOMATIC  COl 
\KUTK.\L  LAWS,  AN'U  THK  EXK(;UTI()>r  THKKEOF,  IX 
THK  L'XITED  STATES  AXD  GKEAT  BUITAIN. 


AND    DIPLOMATIC     COPvUESPOXDEXCE    TOrCniXft 

CUUXTIMES  OTIIEU   THAN 


[I'aper.s  to  which  this  iii<lox  refers  will  bo  found  in  Volume  II.] 


From  whom  and  to  whom. 


Date. 


a  5    ft-  « 


I.— FUANCK. 

A'o.  l.—The  Code  Venal  ct  Commentariea. 


The  Cotlo  PC;nal  et  Counnentiirii's 

Diiiliiz,  Juiisprudeu'  '  'n'snt^ralf,  tonic  xiv,  ji.  5:il 

Ii;ili()z.  General  Juri.spiuiU'ni'c,  (tran.slatioii.)  tonio  xiv,  p, 5,11 

llii-oric  da  Code  Ptjnal  d'A.  Chauvoaii  et  V.  Ilidi'',  toaio  ii,  p.  58  ot  son 

Tlioory  of  the  Pi'ual  Code,  (translation,)  tome  ii,  p.  58  et  Hen 

DnlW,  Jurisiirudenee  penerale.  tome  xxxiv,  reporter  ]t.  16811 

Dalloz,  General  Juri.sprudence,  (translation,)  vol.  xxxiv,  p.  1680  et  seq. 


Page. 
199 
200 

209 

ai7 

2-20 
334 
336 


Xo.  2.— The  Annan  Contract. 

Cmisaltfttion  de  M.  Berryer,  Xov.  12, 1865 

Opinion  de  M.  B«MTyer,  (tran.slation) 

Correspondence  relative  to  Annan  Kama: 

Mr.  Dayton  to  Mr.  Seward 

Mr.  Dayton  to  Mr.  reward 

Mr.  lie  Lhnys  to  Jlr.  Iiiiyton,  (tiMnslation) 

Inelosure  of  the  minister  of  the  marine  to  the  minister  of  foreign  affairs, 
(tran.slation.) 

Mr.  Drouyii  de  Lhuys  to  Mr.  Dayton,  (translation) 

Mr.  Dayton  to  Mr.  Seward 

Same  to  same 

Same  to  siiMie 

Same  to  same 

Same  to  same 

Discoars  de  M.  Itoulier,  mini.stre  dY'tat 

Speech  of  J!r.  Kouher,  minister  of  state,  (tran.slation) 

Mr.  Dayton  to  Mr.  Seward 

Mr.  Seward  to  Mr.  Dayton 

Mr.  Dayton  to  Mr.  Suwaril 


Sept.  18, 1863  ' 
Oct.      8,  l8(a 
15, 1863 
12, 1863 


Oct. 
Oct 


Oct. 

Xov. 

Dec. 

Feb. 

Feb. 

Mat. 

May 

^tay 

llaV 

June 

Sept. 


No.  3.— Cage  of  the  Itappahannock. 

Mr.  Dnyton  to  Mr.  Drouyn  de  Lhnys 

Mr.  Dayton  to  Air.  Seward ". 

Mr.  Drouyn  de  Lhuys  to  Mr.  Dayton,  (translation) 

Mr.  Drouyn  de  Lhuys  to  ilr.  Dayton,  (translation) 

Mr.  Dnyton  to  Mr.  Drouyn  de  Lhuys 

Kiilfs  in  rej;ard  to  bellijfereut  vessels  in  Frencli  ports,  (translation) 

Mr  Dayton  to  Mr.  Seward 

Mr.  (losselin  au  Lieutenant  (.'am]il)ell 

Mr.  (Jo.sselin  to  Lieutenant  Camiiliell 

Mr.  Gos.selin  to  Lieutenant  Camidiell,  (translation) 

Same  to  same,  (translation) 

Ml'.  Dayton  to  Mr.  Seward 

51i.  Seward  to  Mr.  Dayton 

Mr.  Dnyton  to  Mr.  Seward 

Tlio  minister  of  marine  to  the  vice-admiral  at  Cherbourg,  (translation) . 

Mr.  liiixelow  to  Mr.  Seward 

Mr.  Slidell  to  M.  Drouyii  de  Lhuys 

Jlr.  Ili'n.jaiuin  to  Mr.  Slidell 

Jlr.  Slidell  to  Air.  Benjamin 

Same  to  the  Dulio  do  Pi 
Same  to  Mr.  B'.'iijamiu. , 


rsiguy 


II.— ITALY. 


Coiliee  penale  del  Kepuo  d'ltalia 

IVniil  statute  of  the  KiiJi.'dom  of  Italy,  (translation) 
toil.ci  ilegli  ex  stati  Estensi 


Dec. 

Dee. 

Deo. 

Jan. 

Feb. 

Feb. 

Feb. 

Feb. 

Feb. 

Feb. 

Feb. 

Mar. 

May 

June 

June 

Mar. 

Juno 

June 

June 

June 

Aug. 


22  18C3  : 

27. 1863 
31,  1863 

.5,  1864 
19,  1864 

11,  1864 

12,  1864 
12,1864 

16. 1864 
28,  1864 
30, 1864  I 


4,1863 
2.5, 1863 
23,  186:J  1 

i:j,  1864 : 

2,  1864 

5,  1864  I 
19, 1864  I 

4,  I8(i4  I 
10,  1864  1 

4,  1864  I 
10,  1864  : 
2.5,  1864 
20,  1864  I 
10,  1864  i 
15,  1864  ! 

3, 1865  I 

9, 1864  ; 
23, 1864  I 
30,  1864  I 
17, 1864 

8, 1864 


285 
286 

288 
290 

292 
294 
294 
295 
296 
297 
298 
301 
303 
304 
305 


307 

"sio" 

311 
312 
313 
31G 
318 
320 
321 
322 

32:i 

324 
325 
326 
327 
328 
3:i0 
3:i2 
333 
33G 


III.— rOKTUOAI,. 

Ko.  l.—Code  and  Commentary. 

Toile  and  coniinuntary 

Code  and  commentary,  (trauslntion) 


No.  U.— Efforts  to  preserve  the  netttrality  '  '  'he  Azores  and  Madeira. 


Mr.  Ilarvcy  to  Mr.  Seward 


3:19 
341 


Statute  of  the  ancient  states  of  Este,  (translation) 343 


Oct.  3, 1862 


Mr.  Uarve'y  to  Mr.  So  ward '. '. '. ". ". '. '. '. '. ". '. '. '. '. '. ". '. '. '. '. ". '. ' '. ', ". '. '. ". ". '. ". '. ". ". ". '. '. ". '. '. ". '. '. '. '. '. '. ". '.  |  Jan.  20,'  1864  i 


346 
375 


403 
405 


Page. 

I 

4 

7 

10 

13 

14 


15 
23 

31 
31 
32 
33 

34 
34 
34 
35 
35 
35 

:i6 

37 

38 
38 
39 


39 
40 
40 
41 
41 
42 
43 
44 
45 
45 
46 
47 
47 
47 
48 
48 
49 
50 
.50 
51 
52 


.58 
53 
53 
54 


55 
63 


73 
74 


i'%-1 


'5l 


426 


TREATY   OF   WASHINGTON. 


Table  of  contenta — Continued. 


From  whom  and  to  whom. 


Date. 


''t:. 


iS<i 


PoiiTUOAL— Continued. 

Inclosuro:  Dnko  do  Loulo  to  Mr.  Harvey,  (translation) .Tan.  10,  li^CU 

Dnlie  do  Loultt  to  Mr.  Hwvcy,  (trantdatioii) Jan.  'j:!,  Ifti4 

Indosnre:  Instruutions  to  tlie  governors  of  tliu  Azores  and  Madeira,  Jan.  '.iJ,  1HU4 
(translation.) 

The  Diiko  do  Louie  to  Jlr.  llarvoy,  (translation) fan.  2.'},  18G4 

Mr.  Harvey  to  the  Diikede  Loulb Jan.  2."),  Ifi(i4 

Mr.  Harvey  to  Mr.  Seward Jan.  :«t,  IH«4 

The  Duke  do  Louie  to  ^Ir.  Harvey,  (translation) J.-in.  29.  ltiG4 

Mr.  Harvey  to  Mr.  Seward '. Feb.     2,  Ir'(i4 

Inclosuro :  The  Duko  do  Louie  to  Mr.  Harvey,  (traimlatiou) Jan.   20,  ldG4 

No.  3. — Liih ' •:: ' ' m  of  asylum  to  the  Florida  at  Futichal.  | 

Mr.  Harvey  to  Mr.  Sowanl '  May  24, 1804 

Inelosnrcs:  , 

Governor  Perdigao  to  capt.iin  of  the  port  of  Fiinchal,  (translation) Feb.  28, 1804 

Captain  of  tlio  port  of  Fiinclial  to  Governor  Perdijjao,  (translation) Feo.  28, 1804 

Lieutenant  Morris  to  the  captain  of  the  port Feb.  28, 1804 

Captain  of  the  jiort  to  Governor  Peidi^ao,  (translation) Feb.  2!),  1864 

LieuteiKint  Morris  to  the  eaptain  of  tlie  port Feb.  20,  1804 

Governor  Perdi<;ao  to  same,  (translation) Feb.  20, 1864 

Same  to  th(^  director  of  customs,  (translation) Feb.  20, 1864 

S.ime  to  th(«  United  States  consul,  (translation) Feb.  20, 1804 

Captain  of  the  port  to  Governor  Perdigao,  (translation) Mar.    1, 1864 

No.  1. — Case  of  the  Stotiewall  at  Lisbon.  i 

Mr.  Harvey  to  Mr.  Seward '  Mar.  28, 1 865 

Duko  da  Louie  to  Mr.  Harvey ■.  Mar.  28, 1805 


IV.— BUAZIL. 


Codijjo  rriniinal 

Criminal  code,  (translation). 


v.— 81'AIN. 


Ab.  1.— Penal  Code. 


Penal  code 

Penal  code,  (translation) . 


No.  2. — Case  of  the  Stoneioall. 

Mr.  Perry  to  Mr.  Seward 

Mr.  IJenavides  to  Mr.  Perry,  (translation) 

Mr.  Perry  to  Air.  Seward  ." •. 

Same  to  same , 

Inclosures : 

Mr.  lienavides  to  Mr.  Perry,  (translation) , 

Mr.  Perry  to  Mr.  ISenavidi's , 

The  military  "governor  of  Ferrol  to  tho  consular  agent  of  the  United 
States,  (translation.) 

Mr.  IJenavides  to  Mr.  Perry,  (translation) 

Same  to  same,  (translation) 

;Mr.  Peri'y  to  Mr.  IJenavides 

Mr.  IJenavides  to  Mr.  Perry,  (translation) 

Same  to  same,  (translation) 


Feb.  4, 1805 
Fel».  12,  1865 
Feb.  20,  1805 
F'eb.  25,1805 


Feb.  21,  1865 
Mar.  7, 1805 
Mar.  10, 1805 


VI.— SWITZERLAND. 


Mar.  21, 1865 
Mar.  22, 1805 
Mar.  2:J,  1805 
Jlar.  21, 1(^65 
Apr.    1, 1865 


No.  1.  Code  penal  fedf-r.il.    (Extrait) 

No.  2.  Notifieatii>n  dii  conseil  f6ileral  eoncernant  la  neutrality  de  la  Suis-se  . . 

No.  3.  Ordonnance  eoncernant  le  nniintien  do  la  neutr.ilite  do  la  Suisse 

No.  4.  Kapport  du  conseil   federal  il  I'assembleo  fed6ralo  sur  les  mesiires 

prises  dans  I'inttret  <t«(  la  neutrality. 
No.  5.  Lot  fudoralo  concerinint  les  eurolemcnts  pour  un  service  militairc 

^tranaer. 
No.  C.  ilc^ssagt!  du  conseil  federal  iV  la  hauto  assorabltjO  ft'!d6ralo  eoncernant 

lo  maiutieu  do  la  neutralite  pendant  la  guerro  eutro  la  France  et  I'AUe- 

roagne. 

No.  7.  Ordonnanoo  eoncernant  le  maintien  do  la  neutrality  dc  la  Suisse 

No.  8.  Message  du  conseil  fi')d6ral  li  la  haute  assemltlee  f0d6rate  eoncernant 

lo  ninintion  do  la  neutralite  Suisso  pendant  la  guerre  eutro  la  France  et 

rAUemagno. 


itar.  14, 1850 
Mai  20,  1859 
Juil.    1,1850 

Juil.  30, 1859 

Juiu  28, 1871 


i  Juil.  Ift,  1870 
Die.    8,1870 


Pane. 

Paqf. 

4(15 

:i 

400 

74 

408 

l<) 

409 

7(! 

410 

7li 

411 

7t) 

412 

4i:t 

77 

413 

7S 

414 

415 
416 
417 
417 
418 
410 
421 
422 
424 


421 
426 


431 
435 


441 
451 


462 
404 
46(i 
407 

467 
470 
471 

472 
472 
473 
475 
476 


482 
483 
487 
4!K) 

495 

498 


.-iOl 
504 


78 

78 
71) 
79 
HO 
fO 
Si 


8:1 
84 


84 
8(i 


05 
% 
% 
97 

07 
ilS 
98 

90 
09 
09 
100 
101 


101 
HH 
lOJ 
104 

106 

107 


108 
109 


/•n.7C-  Pail,: 


40!) 
410 
411 
412 
4i:i 
413 


414 


441 
451 


4C3 
404 
4C0 
407 

407 
470 
471 

472 
47S 
473 
47.-> 
470 


482 
4K< 
487 
4!H) 

493 

4fle 


.101 
504 


415 

7S 

410 

7.) 

417 

■ft 

417 

?() 

418 

CO 

419 

HI 

421 

CI 

422 

M 

424 

Ki 

424 

83 

420 

84 

431 

84 

435 

8fi 

7(1 

'ti 

77 

78 


78 


95 
06 
% 
117 

97 

its 

9! 

99 
99 
99 
1110 
101 


ini 
m 

lOJ 
104 

106 

107 


108 
109 


TABLE  OF  CONTENTS. 


Table  of  contents — Contiuued. 


427 


iDDITIOXAL  MEMORANDA  TOITCHIXG  NKUTRAUTV   LAVS  AXD  THE  EXE(M'TIoy 
THEKEOF  IX  COITNTIUKS  OTIIEK  TUAX  THE  UNITED  STATES  AND  GUEAT  UKITAIN. 


From  whom  and  to  wlioni. 


Date. 


61 1  frii 


I>E\MAUK. 


Ordnniiaiico  tin  ml 

Cbaiii" T.v  circular 

Ltitic  iiatfiitc  coucernant  la  rentrf-e  cu  vigueur  do  rordoiiuaiicc  royalo  ilu 

4  iriai,  1W)3. 
Kxtrait  do  la  note  circnlairo  contriiaiit  la  d6clarati<m  do  neutrality  dii  roi 

TraiiJilatiiiii :  Notice  of  the  dt-criM' of  tlio  4tli  of  May,  1H03 

(Iciiimi  instruction  for  ct'iiiniander.s  of  Hliijis  in  DauiHli  waterH  duriu<r  tliu 

state  iif  iiinitrality  of  Denmark,  (translation.) 

Tmiiiiitimi  friin(;ai.st'  du  §  70  dii  code  pi'-ual  du  ID  fevrier,  1800 

Euuli.ili  trauslation  of  para;.;rai)li  70  of  the  Danish  iienal  code  of  Fehriiary 

1(1.  IftiO. 
Law  rolutiug  to  the  registration  of  Danish  ships,  (trauslntlou) 


Mai  4, 
Miii  20. 
Avr.  20, 


Poffe. 

1803  51!» 
lf2:l  532 
1854  I    533 


i'aie. 
117 
121 
122 


- .  I  July  25 


537 

1870  '     .V«» 
i    541 


548 
54'J 


TRUSSIA. 


Mar.  13, 1867      550 


Mimorandura i  Mar.  14,1872:    569 


RUSSIA. 

Code  of  laws  of  the  Russian  empire,  (extracts)  . 

THE  NETIIEKLASU8. 


ExtMCt  from  the  penal  co<le,  'translation) 

(in'ular.  (translation) /.  pr.  14, 1854 

Circulnr,  (trauwlation) Apr.  l.">,  I8.'i4 

I'ircular,  (translation) A|ir.  1(1,  1854 

Ciroulav,  (translation) June  17, 1801 


.'•.70 


SWKDE.N. 


Onlnnnance  du  roi '  Avr.    8, 18.14 

C'limiiuuiicatiou  oHicitdlo Jnin  21, 18.')0 

(Jrilouuauco  du  roi ;  Juil.  2'J,  1870 


IIUAZIL. 

Divers  neutrality  ciretilars. 


Xo.  1 . 
X(..2. 


No.  4  . 
Xn.5. 
Nil.  fi  . 


No.  7  . 
Xm.  8  . 
Xo.9. 


Nil.  10,  nipniiiraudnm  of  que.stions  between  Brazil,  Germany,  and  Franco 

I'lviicli  passports  to  pers4)n8  recruited  in  Uio  for  the  Frencli  niilita.y  ser- 

viii'  ncit  vi.si'd  liy  tlie  police  here  to  jtrevent  departure  of  sucli  per.son.s. 

Meinciianda  as  to'the  Miranda  expedition 

-Uiiiiral  Coctu'ane  to  Generiil  Miranda 

•  iiiiiTal  Miranda  to  Admiral  Cochrane 

Extracts  iroin  the  history  of  Don  F'co  do  Miranda's  attempt  to  ett'ect  a 

ruvolution  in  South  An'ierica.    Boston. 


^ray 

.ruiie 

Oct. 

Aug. 

Jnn<! 

Dec. 

Aug. 

Oct. 

Oct. 


18,  18.54 
30,  18.')9 
12,  1859 
1,  1801 
23. 18«3  . 
17,  1804 
27,  1870 
14,  1870 
2!»,  1870  ( 


587 
389 
501 
5it2 
.VJ4 
001 
002 
003 
tiOO 
009 
624 


i  025 

Juno  9,1800  031 
.rune  9,  1800  034 
— ,  1808  035 


Case  of  the  Meteor  and  Oriental. 


^tr.  Dickinson  to  Mr.  Ilnnter,  (telegram) 

Ml.  Hunter  to  Mr.  Dickinson,  (telegram) 

-Mr.  Dickiiisou  to  Mr.  Seward 

Mr.  .Seward  to  Uv.  Dickinson 

Mr.  Sew  ard  to  Mr.  McCulloch 

Mi-.Mt('ull»ch  to  Mr. Seward  

Mr.  Scwaril  to  Jlr.  Dickinsim 

Mr.  Sf  ward  to  Mr.  Cassara 

1  ic  merchants'  shipping  act 

1  II'  cii.stoins  consolidation  act 

llic  supplemental  consolidation  act 

AiWitidual  evidence  from  Melbourne  and  Capo  Town  submitted  to  the  arbi- 
trators on  the  15th  of  December,  1871,  but  not  included  in  tho  evidence 
tliiii  iiriuted. 

Mr.  Adaujsun  to  Mr.  Davis 


Jan. 
Jan. 
Fob. 
Mar. 
Apr. 
Apr. 
Apr. 
Apr. 
Aug. 
Aug. 
Aug. 


24, 1800 
2.">,  1800 
17,  1800 
31,  1800 

10,  1806 

11,  180r. 
II,  1800 
11,1800 
10.  IH.54 
20,  18.'>:» 
14, 1855 


Sept.  25, 1871 


041 
612 
042 
043 
043 
044 
045 
640 
031 
ti8l 
093 
697 


C98 


123 
124 
124 

121! 
127 

127 


133 


134 


.572 

135^ 

573 

135 

574 

135 

.173 

136 

576 

136 

.578 

1?7 

.584 

139 

585 

139 

140 
141 
14-2 
142 
143 
140 
140 
147 
148 
140 
154 

154 
l.-iO 
1.17 
157 


100 
101 
101 
101 
102 
102 
162 
163 
163 
174 
178 
179 


179 


428 


■i 


TREATY   OP   WASHINGTON. 
Table  of  contenta — Continnod. 


Iu(;lnrtiir«H : 

Afflflavlt  of  O.  W.  Kobbins  

A  IHtlHvit  of  S.  r.  Lord 

Fiiithor  nttidiivit  of  S.  P  Lord 

Attidavit  of  J.  A.  Moiitcnth 

Invoiuo  of  Htorcs  Hhipptid  on  tho  8honaniioah  at  Mulbourne. 

Mr.  Kd}{cc«nib  to  Mr.  FIhIi 

lucUwurcs ; 

Mr.  MillH  to  Mr.  Kdgocomb 

Attidavit  of  A.  N.  illnrk 

Attidavit  of  Gordon  Ki'iiniolt 

Vei'ittod  copy  of  iiianifpst  of  stoanior  Kadio 

A'^t-rittwd  HtatcmiMit  of  arrival  and  cavKo  of  tlio  Kadie 

VcrlHod  Htattimcnt  of  storoH  Nliippcd  on  tlip  Kadio 

Verittcd  statonient  of  utoron  wliiiiped  on  tho  Kadio 

Mr.  Kdf{L'Conii>  to  Governor  Barliloy 

Mr.  Mills  to  Mr.  Edjicuonib 

^Ir.  Kd^HConib  to  Govt-rnor  Hnrl<l<\v 

Mr.  Gralmnic  to  Govoi'uor  Wodobtiuso 


Sopt. 


Sept 

Nov. 

Oct. 
Oct. 
Oct. 


Oct. 
,  Oct. 
t)ct. 
Aug. 


91, 1(^71 
y."),  1,-71 
iii"),  1^71 
8.'>,  1,-71 
—,  1871 
4, 1871 

31,1871 
7, 1871 
20, 1871 
— ,  18(i:j 
-.,  I8fi:{ 
— ,  I8u:i 

— ,  18f.H 
— .  1871 
17.1871 
21,  1871 
4,  lHtJ3 


cje. 

l'<w. 

707 

\>-f, 

710 

l«:i 

71i) 

1--i 

720 

1,-tl 

Ti■^ 

is- 

730 

1!U 

733 

vn 

7:w 

v.<\ 

734 

iw 

73,5 

l!i:t 

730 

1!M 

737 

W 

737 

V.H 

738 

\K, 

73!) 

]% 

740 

111,-, 

741 

l:'i; 

•' li    .t-i 


^ ' 


es  J 

■  ^ 

£  •- 

Z'" 

CC 





Page. 

iW 

a  I 

707 

li".! 

ni 

710 

I-l 

'71 

710 

1--| 

'71 

7-20 

Ml 

ni 

723 

1- 

m 

730 

llU 

m 

733 

i:« 

m 

r-i-i 

m 

m 

734 

\w. 

'«;» 

73-. 

l'i:i 

'(i:t 

73« 

i;i4 

^tiU 

737 

1!M 

^(iU 

737 

i:m 

■'71 

^3^ 

V'-, 

'71 

730 

I'Ci 

r,l 

740 

i:i.-, 

m 

741 

ii'ii 

THE  COUNTER  CASE  OF  THE  UNITED  STATES, 

PKKSENTED  TO 

THE  TRIBUNAL   OF  ARBITRATION, 

AT  GENEVA, 

UNDEK  THE  PROVISIONS  OF  THE  TREATY  OF  WASHINGTON, 

APRIL  15,  187:^. 


*Tlie  IVtli  article  of  the  treaty  of  Washiiifjton  permits  each  [1] 
party,  witbiu  four  months  after  the  delivery  of  the  case,  to  deliver 
in  duplicate  to  the  arbitrators,  and  to  the  agent  of  the  other  party,  a 
counter  case  and  additional  documents,  corresi»ondence,  and  evidence, 
in  reply  to  the  case,  documents,  correspondence,  and  evidence  presented 
by  tiie  other  party. 

Availing  themselves  of  this  right,  the  United  States  present  this  as 
tlicir  counter  case,  together  with  additional  do(!uments,  correspondence, 
and  evidence,  in  rei)ly  to  the  case,  documents,  correspondence,  and  evi- 
dence submitted  by  Her  Majesty's  government. 

Inlaying  this  counter  case  before  the  tribunal  of  arbitration,  they 
deem  it  proper  to  premise  that  they  do  not  consider  it  within  the  prov- 
ince of  this  paper  to  discuss  all  the  propositions  within  the  British  case 
which  they  regard  as  justly  disputable  or  requiring  argumentative  dis- 
cussion. So  far  as  the  positions  taken  by  Her  Majesty's  government  in 
its  case  vary  from  those  which  the  United  States  had  the  hoiior 
to  lay  before  *the  tribunal  in  their  case,  they  respectfully  refer  [2] 
to  that  document  for  an  expression  of  the  views  which  they  re- 
gard as  supported  by  sound  i)rinciples  of  reason  and  by  the  acquiescence 
ot  other  powers,  and  by  the  writings  of  publicists  of  authority. 

So  far,  too,  as  contestations  of  questions  of  fact  are  raised  between  the 
parties,  on  their  respective  cases,  and  the  supporting  evidence  on  either 
side,  a  mere  renewal  of  the  contestation  in  the  counter  case  would  be 
superfluous.  The  United  States  therefore  refer  to  their  original  case  for 
their  views  and  estimates  of  the  contested  matters  of  lact. 

It  has  seemed  to  them  to  be  more  in  accordance  with  the  spirit  of  the 
treaty,  and  with  the  convenience  of  the  tribunal,  thus  to  reserve  for 
their  counsel  the  general  analysis  and  discussion  of  these  matters,  so 
far  as  they  shall  prove  important  in  their  bearing  upon  the  substaLtial 
controversy  between  the  parties  in  the  argument  which  will  be  prei)ai*»d 
by  them  for  submission  under  the  Vth  article  of  the  treaty,  and  ui 
such  oral  arguments,  if  any,  as  the  tribunal  may  express  a  wish  to  hear. 

Reserving,  therefore,  their  rights  and  the  freedom  of  their  counsel  in 
these  respects,  they  ask  the  attention  of  the  tribunal  to  the  following 
observations  upon  some  of  the  main  points  of  ditterence  between 
the  case  and  other  matter  submitted  on    the   part  of  *  Her       [3] 
Jlajesty's  government,  and  those  submitted  on  the  part  of  the 
Suited  States. 


ii 


.' 


i 


430 


TREATY    OF    WASHINGTON. 


I. 

Certain  orrors  of  sense,  which  run  thronj?h  the  case  of  ITer  !Mnjost,v's 
government,  first  claim  attention. 

1.  It  is  assumed  in  that  ease  that  the  rebe'sof  the  United  States  wcic. 
by  Her  Majesty's  ]>roclamation  of  May  3,  18IJ1,  invested  witli  sonic  iiiKic' 
fined  political  attributes.  But  the  United  States  have  hitherto  uiidci. 
stood  that  Her  Majesty's  j:;overnment  nieiely  assumed  to  re;^aid  tln' 
l)erson8  who  resisted  ♦'•e  power  of  the  United  States  as  a  bodyofinsiu. 
rectionists  who  mifjht  be  recognized  as  clothed  Mith  belligerent  ri^rlits 
at  the  discretion  of  neutral  powers.  They  therefore  think  it  rij>lit  to 
conclude  that  the  frequent  use  in  the  British  Case  of  huiguage  imply 
ing  recognized  political  attributes  in  the  insurrection  is  an  inaeht it- 
ence. 

2.  Iler  Majesty's  government  assume  that  the  reclamations  of  tlio 
United  States  are  to  be  confined  to  claims  growing  outof  the  acts  of  tlic 
Florida,  the  Alabama,  the  Georgia,  ami  the  Shenandoah.    The  cliiims 

growing  out  of  the  acts  of  tlie  other  vessels  named  in  the  Anicr 
[■i]        ican  case  are  regarded  by  the  *United  States  as  also  einhnunl 

within  the  terms  of  the  Treaty.  They  form  part  of  the  cliiiiiis 
generally  known  as  the  "Alabama  claims."  They  are  enumerated  in 
the  fourth  of  a  series  of  five  volumes  printed  by  onler  of  the  Senate  of 
the  United  States,  which  are  part  of  the  "  documents,  correspondence. 
and  evidence"  submitted  with  the  case  of  the  United  States.  These 
volumes,  when  thus  collected  and  printed,  were  entitled:  "(Jlainisef 
the  United  States  against  Great  Britain."  It  is  believed  that  under  tliat 
title  they  were  in  the  library  of  the  foreign  olllce  at  London  bet'oie  Her 
Majesty's  high  commissioners  received  their  instructions.  It  may  also 
be  said,  without  impropriety,  that  under  the  same  title  the3'  were  on  the 
table  of  the  joint  high  commission  during  the  negotiations  which  ])re 
ceded  the  conclusion  of  the  treaty.  The  Unit<»d  States,  therefore,  wliile 
re-asserting  their  construction  of  the  language  of  the  treaty  in  this 
respect,  feel  that  they  have  the  right  to  ask  the  arbitrators  to  assume 
that  Iler  Majesty's  high  commissioners  had  notice  of,  and  acqnieseed 
in,  that  construction. 

3.  The  United  States  arc  at  a  loss  to  understand  why  several  ohsor- 
vations  are  introduced  into  the  British  Case  which  apparently  aim  to 
limit  the  operation  of  the  three  rules  of  the   treaty.     If,  by  the  prinei- 

pies  of  construction  which  are  suggested.  Her  Majesty's  Goveiii- 
[6]        ment  intend  to  ask  for  a  modification  *or  change  in  those  rules, 
the  United  States  cannot  too  strongly  protest  against  it. 

4.  It  is  averred  in  several  places  that  some  of  the  acts  of  which  the 
United  States  complain  were  committed  by  American  citizens.  If  these 
statements  are  introduced  for  the  purpose  of  urging  this  fact  as  an  excuse 
for  the  negligence  of  Her  Majesty's  officials,  or  for  any  other  supposed 
relevant  [)uri)ose,  the  United  States  will  ask  the  tribunal  to  take  note 
that  the  "American  citizens"  referred  to  were  criminals  in  the  eye  of 
American  law,  at  the  time  when  they  were  elevated  to  the  rank  of  recoji- 
nized  belligerents  against  the  United  States  by  the  act  of  Her  Majesty's 
government,  an  act  in  which  the  United  States  did  not  particii)ate,  ami 
against  which  they  have  never  ceased  to  protest.  It  would  seem,  there- 
fore, to  be  impossible  to  impute  to  the  United  States  any  consequences 
of  responsibility  for  the  conduct  of  the  persons  thus  described  as 
"  American  citizens." 


COrXTER    CASE    OF    THE    UNITED    STATES. 


431 


II. 

Tier  Majosty's  uovornmoiit  has  also  stated,  in  tonus,  many  proposi- 
tions, some  of  law.  sonu'  of  fact,  some  of  mixed  law  and  fact. 

For  the  convenience  of   the  arbitrators  tiie  United  States  call  atten- 
tion to  some  of  the  leading  i»oints  of  ditlerence  between  the  two 
ciiscs,  with  the  reservations  *heretofore  made  as  to  the  points  not        [<»] 
iiotin'd,  and  as  to  rhe  ri<;lits  of  counsel. 

1.  The  IJritish  Case  seems  to  conced»i  that  a  bellijjerent  who  has 
wion;,M'd  a  neutral  by  violatin;;'  its  sov«Meijjnty  and  by  forcinj:-  it  to  take 
jKirt,  indirectly,  in  a  war,  may,  nevertheless,  by  some  subse^pient  a<*t, 
isncli  as  commissioning  without  the  Jurisdi(!tiou  of  the  neutral  a  vessel 
ofwar  improperly  constructed  within  its  jurisdiction.)  deprive  the  neutral 
of  the  right  of  taking  cognizance  of  the  original  ortense. 

Tlie  I'nited  Stati's  suggest  that  such  a  right  cannot  bo  lost  by  the 
iin'ie  act  of  the  otiending  belligerent. 

L'.  It  appears  to  <'laini  for  vessels  of  rebels  recognized  as  belligerents 
an  exemption  from  national  Jurisdiction,  which  should  be  acccirded,  if  at 
all, only  to  vessels  of  recognized  sovereign  [)owers,  to  which  p«)wers  politi- 
cal representations  can  be  made  in  case  of  violations  of  neutral  sover- 
eijfnty;  and  it  ignores  undoubted  prerogatives  of  the  Crown  to  excliule 
armed  vessels  from  the  national  i)orts. 

li.  It  atten>i»ts  to  limit  the  operation  of  the  words  "due  diligence"  in 
a  niiunier  inconsistent  with  |)rinciples  «)f  law  well  established  on  the 
continent  of  Kurope,  in  the  United  Kingdom,  and  in  the  United  States. 
Irsets  up  as  tiie  measure  of  care  a  standard  whiidi  tiuctuates  with  eacli 
siipceeding  goveruMU'Ut  in  the  (urcuit  of  tlu'  globe,  viz,  "such 
lare  as  governments  *ordinarily  employ  in  their  domestic  con-  [7J 
cerns.'' 

4.  If  the  United  States  have  corre(!tly  interpreted  its  somewhat  vague 
lanjjuiige,  on  page  1(17,  it  asserts  that,  in  a  case  like  the  present,  a  Ixdlig- 
erent  should  be  recpiired  to  show  on  the  part  of  a  neutral,  as  a  founda- 
tion for  a  dain)  for  com[)ensation,  an  absence  of  care  nearly  equivalents 
to  willful  negligence.  The  United  States  had  noti«;e  that  this  point 
would  be  i)ressed  by  Her  Majesty's  government.  It  had  announced 
that  its  case  would  be  preparecl  partly  under  the  direction  of  an  emi- 
nent and  learned  publicist  who  had  vigorously  insisted  upon  it  in  his 
pulilic  writings  on  the  neutrality  of  Great  Britain  in  the  American 
strufrjile.  They  therefore  presente«l  for  the  consideration  of  the  arbi- 
tralois  certain  facts  exhibiting  an  unfriendly  feeling  toward  them  on  the 
part  of  iiulividual  members  of  Her  ^Majesty's  government  during  the 
contest,  which  ujight  naturally  l«'a«l  to,  and  would  account  for,  a  want 
ot  diligence  b«>rdering  upon  willful  negligence.  Uut,  while  thus  antici- 
pating this  position  of  Her  jNIajesty's  goverinnent's  case,  they  did  iu)t, 
and  do  not,  assent  to  its  correctness.  They  do  not  conceive  that  the  law 
ot  nations  tolerates  the  proposition  that  belligerents  are  require«l  to 
submit,  without  retlress,  to  the  injuries  of "  neutral  negligence,  till  it 
rcaclu's  the  extremity  suggested. 

J.  The  IJritish  Case  attempts  to  narrow  the  *international  duties        [8] 
ot  a  government  to  the  exercise  of  the  restraining  powers  con- 
ferred ui>on  it  by  municipal  law. 

6.  It  overlooks  the  obligation  of  the  neutral  to  amend  its  munici- 
pal laws,  when  the  powers  conferred  by  such  law  prove  inadequate  for 
the  performance  of  international  duties.  In  this  view  the  many  state- 
ffleuts  in  the  British  Case  as  to  the  actual  internal  distribution  of  powers 
lu  Her  Majesty's  government,  though  interesting,  are  irrelevant  iu 
measuring  its  external  obligations. 


i  ?nj| 


iM 


1- 


^r:}t^ 


■V(; 


i;:i.^ 


t     ^ 


' 


;?-il'.:'l;. 


432 


TREATY   OF    WASHINGTON. 


7.  Tlu'IJiitiMh  CasopnipoHes  tli!ittlMOiiil)ilit.vot'(Jit'at  nritain  toninke 
iiukMiiiiity  to  the  United  Stutes  should  be  limited  to  the  eiiseswliidi  the 
United  HtateMeaiinot  show,  by  allirmative  proof,  that  tliey  aetivcly  iiiiil 
diligently  exerted  their  naval  power  to  prevent.  The  United  States  con. 
tend  that  8ueh  a  i)ropOHed  limitation  ha.s  uu  just  foundation  in  suuml 
principleH  of  international  or  other  law. 

III. 

Part  11  of  the  British  case  assumes  to  give  an  introductory  state- 
ment of,  (1.)  "The events  which  attended  and  followed  the  coimiuMice. 
inent  of  the  civil  war  in  America;"  (2.)  "Tlu'  course  pursued  by  (lu'iit 
Jiritain  in  relation  to  the  war;"  (3.)  Tlie  course  jjui-iued  i>y  -tlui 
[0]  other  maritime  powers"  in  relation  thereto.  •Part  III  assuincs  to 
give  a  ''statement  on  international  rights  and  duties  on  the  ikiwims 
which  were  possesse*!  by  Her  Britannic  Majesty's  governnuMit  of  pie- 
venting  'unlawful  etiuipments,'  and  the  manner  aiul  cinMimstaiicos  in 
and  under  which  these  powers  were  exercised  during  the  war." 

The  United  States,  with  the  reservation  heretofore  nnule,  now  call 
attention  only  to  some  of  the  principal  points  of  difference  in  tliis 
resi>ect  between  the  cases  of  the  two  governnuMits. 

1.  The  United  States  insists  that  Her  Alajesty's  governtnenr  is  politi- 
cally and  historically  in  error  in  the  assertion,  on  page  (5,  that  tin- 
contest  terminate<l  in  1805  iu  the  complete  reconquest  of  the  eleven 
Confederated  States. 

1*.  If  it  be  intended  by  the  statement  iu  page  7,  that  "in  and  soon 
after  the  month  of  May,  1801,  auumber  of  arnu'(i  ships  were  fitted  out 
aiul  sent  to  sea  from  ports  iu  the  Confederate  States,"  to  lead  tli"  arhi 
trators  to  su)»i)ose  that  there  was  any  insurgent  vessel  i)reyiiig  on  tlic 
commerce  of  the  United  States  when  the  Florida  or  when  the  Alahania 
escape<l  from  Liverpool,  the  United  States  cannot  too  strongly  protest 
that  Her  Majesty's  government  is  in  error  in  this  respect. 

3.  The  United  States  have,  in  their  case,  called  the  attention  of 
[10]  the  tribunal  to  the  acts  of  Belgium,  *l'ortugal,  Kussia,  and  I'lus- 
sia,  which  seem  to  have  been  overlooked  by  the  authors  of  the 
British  Case  in  their  enumeration  of  the  acts  of  the  maritime  powers. 
lij  legard  to  all  the  maritime  powers  the  tribunal  will  doubtless  observe 
that  tliose  which  recognized  the  iusurgents  as  lawful  belligerents  did  so 
only  after  Great  Britain,  the  principal  maritime  power,  had  elevated  tiu'in 
under  the  name  of  the  "Confederate  States"  to  this  rank,  and  had  thus 
conferred  upon  them  all  the  substantial  advantages  which  they  coiih! 
gain  from  a  general  recognition  by  the  maritime  i)(>wers.  Tliey  will  also 
observe  that  the  other  governments  did  not  recognize  the  title  wlii(;li  the 
insurgents  had  taken  for  themselves.  Thus,  for  exani|)le,  the  proclania 
tion  of  the  Emperor  of  the  French  spoke  of  them  as  "  States  which  pre- 
tend to  form  a  confederation;"  the  circulars  of  the  Dutch  goveriiineiit 
spoke  of  "  the  doubtful  comi)lications  in  the  United  States  of  North 
America,"  "the  existing  disturbances  in  the  United  States  of  America;" 
md  ^he  Brazilian  circular  expressly  states  that  "the  Confederate  States 
liave  no  legal  existence." 

4.  It  is  stated,  on  page  22,  that  "by  the  United  States  cruisers  the 
ports  and  waters  of  Her  Majesty's  dominions  were  resorted  to  for  coal- 
ing and  other  purposes  more  frequently  than  by  vessels  of  the  Confed- 
erate States."    If  by  this  it  is  intended  to  imply  that,  hiivinjr 
[11]      regard  to  the  great  disparity  of  numbers  between  the  vessels  *ot' 
the  United  States  and  those  of  the  insurgents,  the  United  States 


lOUiNIKK    ('A.Si:    OF    TJiK    I'MTKI)    fSIATKs. 


433 


4'njov«'<l  to  an  oqiml  oxtotit  witli  the  insiu<;onts  tin*  liospitalitii's  of  tlio 
Kritish  portH,  or  that,  witlioiit  iv^^anl  to  that  disparity,  thoso  liospitali- 
tit's  \v«'iu  oxtiMMlcil  with  an  impartial  iicutiality  to  eacli,  tins  (JnitiMl 
States  (Miiphatically  deny  it. 

5.  It  is  stated,  on  pajjo  -">,  that  ''th(^  acts  of  which  the  (Jovcniiiu'iit  of 
till'  United  States  is  understood  to  eoniphiin  lieh>n<>°  to  a  class  wliich 
linvt^  not  connnonly  been  made  the  ohject  of  prolii[>itoiy  h-^islation ;'' 
tliiit  "in  few  countries, oi' in  n(me,a<'coidin;;  to  tlie  information  ree«'ived 
by  Her  lUitannic  I^Iajesty's  jj(»veinment,  <lid  tiie  hiw  «lii«'ctly  prohibit 
stich  acts,  or  malvc  any  deiinit(>  ]n-ovision  for  preventin<j;  them  at  the 
time  wht'ii  this  war  bef;an,  except  in  tint  ITnitt'd  States  and  (Jreat  Jhit- 
aiii."'  The  infornnition  of  the  I'nited  States  on  this  point  does  not  i5;,n'ee 
with  tinit  of  ll«>r  JNIaJesty's  (lovernnient.  Tiiey  liave  tin'  iH»n«)r  to  refer 
the  tribinml  to  statenu'nts  concendnj;  the  laws  of  Anstria,  Jh'l<;inm, 
DcniMark,  Franct;,  Italy,  the  Netherlands,  I'ortn^ial,  Prnssia,  Spain,  and 
Sweden  and  Norway,  which  will  be  ibiind  in  the  tbnrth  appemlix  sit- 
tiicheil  to  the  report  oi  the  lUMitrality  laws  commissioners.  'J'liis  doen- 
iiiciit  will  be  fonnd  at  the  close  of  the  third  volnme  of  the  IJritish 
iippeiidix,  and  in  the  tbnrth  volnme  of  the  Anu'rican  evi«U'nc,t',  between 
pafies  l-<)  and  His.  They  also  refer  to  tln^  documents  nnd  evi- 
dence herewith  snbmitte«l  *rei^;ardiny  the  laws  of  several  powers  jlL'J 
in  Kurope  and  America  lor  the  preservation  of  their  nentrality. 
it  will  appear,  from  all  this  evidence,  that  acts  snch  as  those  of  which' 
the,  l'nite«l  States  complain  have  been  widely  made  tln^  snbject  of  posi- 
tive lcj;islation,  ami  that  in  no  conntry,  except  (Heat  liritain,  so  far  as 
tlic  I'liited  States  are  advised,  has  it  been  assnincd  that  procee<lin<;s 
under  the  mnnicii>al  ov  lo«;al  laws  are  the  measure  of  neutral  obliy;a- 
tions  toward  other  governments. 

(!,  On  i)a<;e  IT*  it  is  stated,  w  ith  reference  to  the  steps  taken  by  Presi- 
dent Washinji'ton,  that  ••the  measnn's  adopte<l  by  tin*  Lxecntive  of  the 
laiited  States  to  restrain  these  enterprises  |lhe  lltMnj;' out  of  French 
|irivateers|  jnoved  inadeipiate."  In  answer  to  this,  tln^  I'nited  States 
ivcall  to  the  recollection  of  the  tribunal  that  the  1'  •ench  ministi'r  of 
that  day  contended  that  his  <>()v«'rnm«'nt<lerived  the  rijj^ht  to  commission 
inivateers  from  the  itorts  of  tin*  I'nited  States  frcnn  the  provisions  of 
tlie  treaty  of  177S  between  Fraiwe  and  the  I'nited  States — a  treaty 
niadi!  at  a  time  when  (Heat  Hritain  was  at  war  with  the  Inited  States. 
Tiie  repressive  nu'asures  of  President  \Vashinj;ton  were  taken  umler  u 
sense  of  the  duties  of  tlu'  United  States  as  a  neutral  under  the  laws  of 
iiatioMs,  and  in  the  fac.4'  of  their  i>articnlar  duties  under  the  treaty,  as 
eonstnu'd  by  F'rance.  In  the  nu'MUHr  of  Mr.  Abbott,  now  Ui>rd 
Tenterden,)  which  will  be  *fouinl  in  the  British  appendix,  at  tln^  |1;>1 
end  of  vohnne  three,  it  is  stated  that  "the  result  of  tln^  publica- 
tion of  the  rules  of  the  4th  of  August  [which  were  ;  lie  measures  adopt<'d 
l».v  the  Executive  referre<l  to  in  tlie  British  case|  was  that  thesystt'inof 
ltrivate('rin<j:  was,  jjenerally  speakinj;,  sui)pressed,  thou<;h  cases  seem  to 
liavc'()c<'arred  until  the  arrival  of  Mr.  (lenet's  successor,  in  February, 
17!)f,  who  disavowed  his  acts,  and  recalled  tiie  commission  he  had 
!,'ranted  to  privat«;ers." 

7.  The  renmrks  on  paj>es  2(J,  27,  and  2<S,  rej^ardiufi;  the  nianner  in 
which  the  United  States  have  at  diflerent  times  jierformed  their  duties 
as  a  neutral  nation  towards  Spain,  Portuj;al,  and  other  jjowers,  are 
stated  tube  nuide  without  any  "intention  of  ller  Majcf-ly's  government 
to  cast  any  reproach  upon  the  Government  or  peoide  of  the  United 
States."  They  are,  however,  apparentl.y  introduc«'d  for  the  jiurpose  of 
iudueinj?  the  arbitrators  to  assume  that  the  United  States,  at  some  or 
28  A 


'i'    ■  vR 


;!."      *f; 


434 


IKKA'IV    (»K    WASliJXCiTON. 


all  oil  host'  times,  <li(l  fail  to  iiso  tlir  tlilijionce  lor  the  ro|»n\ssi(m  ot  hostile 
exiK'ditions  tVoii)  their  shores  wliieh  oiif;iit  to  have  been  exereiscd.  and 
which  is  re(|nire(l  by  tiie  rules  «>t  tht^  treaty  of  \Vashiiij;toii.  Tii,. 
llnitetl  States  would  re;;ard  such  au  ini|uitatiou  as  a  reproaeh,  however 
inten<led  by  its  authors.  They  have  tiierelbre,  det«»ru>ined  to  nsk  the 
arbitrators  to  examine  the  fuitlier  I'videuee  on  tliese  points  uhidi 
[!1J  tlu'y  have  the  honor  to  suluuit  herewitli,  *al}liOU^ii  they  ciniiiot 
but  re(!ojjni/,e  that  the  arbitrat«)rs  may  justly  teel  tiiat  neitlier 
parly  oujiht  to  add  to  their  arduous  labors  by  the  introduction  of  state 
ments  and  evidence  wholly  Ibieijiu  to  the  issues  subnntt<'«l  to  tiieir 
decision.  The  evidence  now  submitted  by  the  United  States  rej;anliii;,f 
the  perfonnance  of  their  international  «luties  is  voluminous  and  spreads 
over  a  series  of  years  and  a  vaiiety  of  inciilenls.  Jt  relates  to  I  he  ectii 
test  betMeeu  Spain  and  her  <'oloni«'S,  to  the  war  between  JJrazil  and  tin- 
Artij^as  government,  to  struji^ies  of  ('nl)ans  lor  imh  ;,v  ndeiii-c.  to  tin- 
war  between  Spain  an«l  the  South  Americ^an  republics,  and  to  the 
Crimean  war.  Jn  all  these  contests  it  became  the  duty  of  the  United 
States  to  ])reserve  their  neutrality  umler  ditlicult  circuni^taiu'es;  id'teu 
when  the  s_Yini)athies  of  .<ir<»e  nnisses  of  their  jteoph>.  were  eidisted  in 
opposition  to  t".  national  oldi^Mdions,  Her  .Alajesty's  fiovernment  lias 
thought  it  rip,at  to  call  in  question  the  etliciency,  while  admittinfj  tlu^ 
good  faith  v.ith  which  the  Unit«'d  States  performed  their  duties  in  those 
trying  circumstan(;es.  The  eviilence  now  submitted  shows  conclusively 
that  Her  Majesty's  government  has  been  misinformed*,  that  the  United 
States  (lid  perform  tlieir  duties  as  a  neutral  at  those  times  with  a  fulelit.v 
and  activity  \Nhich,  had  they  l>een  imitated  by  (Ireaf.  IJritain  durin.ir 
the  insurn'ction,  would  have  nnide  the  piesent  proceedings  unneces- 
sary. 
[lit]  *.S.  The  United  StiJtes  unite  with  Iler  ^Majesty's  governnuMit  in 

its  remarks  on  page  L'7,  calling  attention  to  th/  fact  that  the  I'resi- 
di'ut  of  the  United  States,  at  the  reipiest  of  the  Portuguese  goveinuient. 
«lid,  in  1817,  recomno'SMl  Congress  to  colder  upon  the  government,  nut 
only  i)owerto  punish  otVenders,  but  also  power  to  |>revent  the  commission 
of  the  otVenses;  anil  that  ;  ./ingress  did,  in  comjdiance  with  siu'li  veqncst. 
confer  su«'h  itower  in  the  neutrality  acts  oi'  ISIT  an<l  ISIS. 

0.  Tiie  I'nited  States  are  at  a  loss  to  umlerstand  to  what  rel'erencr  is 
intemled  by  the  words  t»n  i>iig((:.'S:  '*lt  is  needless  lu>re  to  rt'ier  |.;ir 
licnlarly  to  mor«'  rccj'nt  instances  of  vessels  jitteil  out  in  pcnts  of  the 
United  States  for  <>xpeditions  against  countries  w.  '«  wliicli  the  United 
Sfiitcs  were  at  ix'ace.  These  instances  are  wtdl  known."  N'ague  aisin- 
intli<uis  like  these,  without  ilehniie  stalenicnt.  a!!;  g;  t  (Ui.  or  inool.  Itir 
nish  no  Ibundation  for  an  ans\v«'r  in  the  only  form  in  which  the  ti(';it,\ 
peiiiiits  the  United  Slates  to  defend  lhems<'lves. 

J(K  The  United  Slides  emphatically  deny  the  statctiicnt  on  pii;;(' -S. 
that  their  ]Ui)hibitory  laws  have  "iM'en  inl'riuge<l  by  a«'ts  mud-  imu'c  lla 
grant  than  anyof  tlios(>  m>w  charge  d  against  (Jreat  Ibilain."  TI."V  lee! 
conli<lent  that  a  fair  consideration  of  the  pr(».>f  which  they  Intve 
[1(5]  ottered  and  of  that  which  *they  now  otlcv,  showing  the  li<!clit,v 
with  whirli  tlu'y  have  ever  pcrfornuHl  t'u'ir  international  <liitics, 
will  convince  the  arbitiators  that  they  have  honestly,  strenuously,  in 
good  taith,  and  wilh  ^lue  diligen^-e,  stiiven  to  perform  those  duties, 

11.  The  United  States  think  that  Her  Majesty's  government  husheeii 
incorrectly  inlbrmed  nganling  the  rnite<'  Stat<'s  statute  of  ISIS, com 
nu)nly  known  as  the  neutrality  act.     It  is  slated  on  i>age  1"»  that  thf 
.Ibitish  act  «)f  ISl!)  is  "more  string*'':!,  rigorous,  and  comprehciiHive 
than  that  of  the  United  State.s.'"     Her  Majesty's  government  does  not 


CnrxiKK    CA.sh    OF    THK    LMTKD    >lATh> 


435 


s!U  ill  wiii'.t  respect  tlio  superior  striiifjeney,  ripfor,  ami  eoinpreliensive- 
noss  ot  that  act  is  siii)pose(i  to  consist,  if  tlie  liritish  act  coiiJd  li:ive 
been  siisi)eii!!e(l  by  tlie  act  of  tiie  ('rown,  whicli  is  sni»i>os«'d  to  liav«*  been 
tlic  case,  it  may  a^  least  \w  lu'ld  to  liave  furnished  less  iK'rnianent  and 
(■('itiiiii  renie«lies  than  the  law  r.f  il;*^  U'dted  States.  The  I'nited  States 
tliiiik  tliat  the  ((tialities  of  strinjjency,  ri;j;or,  and  <'onipreliensiveness 
will  he  found  in  their  law  in  a  superior  degree;  arm  they  call  attention 
til  iiic  folIowin<i  points  of  conijiarison  •  1.  Kidistnients  of  Uritish  sub- 
l('('ts  »)nly  are  made  uidawfid  by  the  llritish  a<-t :  {he  American  a(!t, 
oil  tlie  contrary,  makes  all  enlistments  within  the  neutral  jurisdiction 

unlawful,  except  naval  enlistments  of  subj«*ets  of  the  enlisting 
llTj      belligerent,  made  on  the  deck  of  a  vessel  of  the  Indligerent  •while 

within  tluMientral  waters.  '2.  liy  executive  and  jiulicial  r(Mistruc- 
tJDii,  the  wonls  ''  cipiip,"  "  tit  out,"  and  "furnish  "  havr  re<'civ<'d  a  much 
lin»a<ier  meaning  in  America  than  iji  (Ireat  Kritain.  as  the  I'nited 
States  hav<'  explained  in  their  case.  ."5.  Th?  tenth  a!:<l;'h'v«Mitlk  sections 
of  the  American  act,  commoidy  known  as  the  iMinding  dausi-s,  are  ad- 
mitted not  to  be  in  the  Ibitish  act.  And  it  »s  also  a(lmitte«l  that  tlioso 
claiisrs  are  intended  to  be  preventive,  not  punitive,  1.  The  eighth  ^iet•- 
tioii  of  the  United  States  act  is  also  oniitte<l  in  the  Knglish  ac*.  This 
section,  the  pra<'tical  operation  of  which  is  explaine*!  in  the  <-ase  of  the 
United  States,  is  reg  'rded  by  them  as  by  far  the  most  etKicient  part  of 
die  act  lor  the  prevetition  of  violations  of  neutrality.  "».  It  may  not 
have  escape*!  the  att«*ntion  of  the  arbitrators  Ihut  ller  >laj«'sty's  gov- 
cninieiit  has  itself  furnished  evidence  of  the  superioiity  of  the  United 
States  statutes  over  the  Ibitish  act.  "  I  may  remark."  says  Sir  Frede- 
rick Ilnice,  the  Ibitish  m mister  at  Washington,  writing  to  his  g«»vern- 
iiieiit,  "that  the  (lovernment  of  the  rnite/l  Stati-s  has  ronsid«>rable  ad- 
vantages ill  ))roceeding  against v  essels  utnlc;the  statute.  TIk'V  have, 
(in  the  spot  where  the  preparations  are  Iwing  mad«*.  tin*  district  attor- 
ney, a  legal  (»t1icer  resi»onsible  to  the  (lov«'rnment.  to  whom  the  duty  of 
invesiigatioii  is  cciiimitted.     The  libel  is  jn  the  nature  of  a   jirocet'd 

ing  ill  admiralty  in  n m.  It  is  deeided  by  a  Judge  jonvcrsant 
|1S]     *\villi  internatloiial  and  maritime  law.  without   th«*  interv«'nti<»n 

of  a  jury.''  (Vol,  ;>,  Ibit.  App,,  last  paper,  p.  <i7 :  vol.  1.  Am. 
t'vicciice.  page  Hil'.) 

I'J.  Wiilioiit  (pM'stioning,  in  the  counter  case,  tin*  eorivctnes>;of  pr<»i» 
ositions  I,  1!,  ;ind  .»  of  lOnglish  constitutional  law.  on  page  Ml  the  Unite*! 
Siati's  thiiiW  that  they  are  not  mistaken  when  ihry  s:iy  that  (he  privilege 
wliicli  a  witness  is  supposed  to  have  of  r<'lusiiig  to  answer  a  question  is 
a  personal  ]iiivilege,  of  which  the  witness  may  «)r  may  not  avail  hiais«*lf. 
it  is  init  siippcm'd  to  be  one  which  a  c<iurt  will  voluntarily  take  tor 
liiin.  and  entorce  against  iiis  wishes. 

V'K  111  the  statements  on  pag<'s  .U  and  .'?1.*,  regarding  the  suppo.sed 
tliities  of  the  otlicials  of  the  United  State's  ••  to  k»'<'p  a  watchful  «'ye  on 
whatever  might  tend  toemlanger  the  secarity  or  int«*restsof  tlu'  United 
State,\"tc.,  it  is  net  made  «juite  clear  whether  Her  Majesty's  govern- 
iiu'iit  regard  these  as  duties  of  which  it  had  the  right  to  denian«l  jM'r 
loiinaiice  of  these  otlicials,  or  as  duti«'s  whi<'h  they  owe«l  to  their  own 
froveniiiient.  Although  the  latter  interi)retati<m  w'ouhl  s<H'm  to  be  tho 
most  reasonable  one,  there  is  some  ground  to  suppose  that  Her  Majesty's 
^'overiiiiient  has  made  the  statement  in  the  former  sen.ne.  Without 
i«<lmiitiiig  it  in  that  sense  to  be  just,  the  United  States  insist  that,  even 

should  such  an  obligation  not  V)e  disputed.  Her  Majesty's  gov- 
i  l'>!     enunent  would  not  thereby  be  relieved  from  'th*'  duty  of  an  inde- 

pemlent,  diligent,  and  vigilant  wntelifuluesK,  in  onler  to  prevent 


I 


I: 

r    1 


436 


TKKATV    or    WASHINGTON. 


.'  ( ■    ■■  'i-i. 


ovil-dispo.sed  ])eisoijs from  violating  its  neutrality.  Xor  would  tlu*  inin 
ister  ot  a  bellijjeivnt  power  (as  Mr.  Adams  was  in  the  eye  of  the  Kiijjlish 
eabinet)  be  required,  after  the  receipt  of  otiiciu!  infornudion  as  io  tlio 
nature  and  character  of  the  evidence  that  must  accom[)any  his  rcprc 
sentations,  to  nuike,  or  complained  of  for  not  makinj;',  representations 
of  fact  to  the  neutral  jfovernment,  excei»t  in  the  manner  in  whicli  ln^ 
liad  been  notified  to  make  them.  Thus,  (to  apidy  the  piopositioii,)  Mr. 
Adams,  bein*;  notitied  by  the  liiitish  j^ovci  nment  that,  in  order  to  secure 
oflicial  action  on  a  complaint  of  a  contemplated  \  iolatiou  of  liritisii  neii 
trality  by  the  insur^icnts,  he  must  furiiish  proof  of  the  fact  sutlicieiit  to 
warrant  convicti<»n  tor  a  violati<»u  of  the  forcij^u-cnlistment  act,  eoiiM 
not  be  (.'harited  by  that  ^xovernment  with  responsibility  for  not  makiii;; 
reiuescntation.>  cm!)odyinj;  a  lesser  «lej;ree  of  proof. 

14.  The  United  States  do  not  understand  that  it  is  trui'  that  "'nlle;;;! 
tioiis  that  vessels  were  beinj;  prepared  lor  crnisinj;'  or  carryin^j;'  on  war," 
were  in  all  cases  followed  by  seizure  of  the  vessels  when  sulUcient  primd 
f'av'te  evidejice  of  the  illej^al  i>ur|»ose  was  furnished.  They  understand 
exactly  the  contrary  to  have  ln'cn  the  case;  that  until  the  opiiiioinit 
the  Iaw-j>nicersi>f  the  Crown,  ;;iven  on  the  LM)th  day  of  July,  ISdi.', 
|1}0]  (the  day  of  the  escape  of  the  Alabama,)  all  branches  of  *ller 
Majesty's  (iovernnuMit  hold  that  it  was  neitessary,  not  only  toestab 
lish  a  pieparatiiMi  for  cruisinj;  or  carrying  on  war,  but  also  an  actual  arm 
ins;  of  the  otfeuilinj;  cruiser  in  a  British  port,  in  order  to  justify  seizure, 
and  that  this  prevailin;;  opinion  was  afterward  sustaint'd  in  effect  by  the 
<'Ourts  of  Knyland  in  tlie  Alexaiulra  case,  which  is  still  the  unreversed 
judicial  construction  of  the  act  of  l.SH>. 

1").  On  i>a;;e  r»7  is  <;;iven  what  purports  to  be  an  explanation  of  the 
meaning?  of  the  words  "rejiistry"  antl  ''clearaiute,"  and  of  the  duties  of 
the  olUcers  empowered  to  register  ships,  an<l  of  the  otlicers  of  the  eus 
toms  in  resjject  to  clearances.  The  a(;ts  of  Parliament,  prescaibiuj,' tlif 
duties  and  conferring  the  ]iowers,  are  not  specially  referred  to;  but  the 
United  States  understand  them  tt)  b«'  "  the  merchant  shi[)piiig  act, 
IS,"*-!,'"  (17  and  IS  Viet.,  cap.  i04,)  and  the  "customs  {;onsolidati()ii  act. 
l85o,"  (1(1  anil  17  ^'ict.,  cap.  107.)  with  their  several  amcndnuMits.  Tliese 
acts,  in  the  opinion  of  the  United  States,  consV'r  more  i'xtended  powers 
ui)on  the  otlicers  of  ller  .Majest.\'s  governnu'iit  than  is  stati'd  in  the 
liritish  Case,  and  thev  thert'ture  ask  the  attention  of  the  tribunal  to  tlie 


at 


!ts  tluMuselves.  extracts  fnun  which  are  submitted  lu-rewith. 


[21 


■IV. 


I'art  IV  of  tin*  Ibitish  Case  assumes  to  state  certain  considerations 
jn-oper  to  be  kept  in  view  by  the  arbitrators  in  reference  to  the  cases  of 
th«>  Florida,  Alabama,  (leorgia,  and  Siienan<loah. 

The  United  States  liave  already  nuule  it  dear,  both  ii«  their  case  ami 
in  this  i)aper,  that  they  regard  nnniy  of  these  statenu'nts  as  not  "  pro|UM- 
to  be  kept  in  view  by  the  arbitrators''  in  rel'erence  to  any  of  these 
vessels.  Without  repeating  their  views  on  this  subject,  they  <onlini' 
themselves  to  calling  attention  to  a  great  error  into  which  the  arhi 
trat<M"s  may  be  led  in  ctuiscquem-e  of  the  use  of  inaccurate  <>r  caich'ss 
hmguage  in  the  el(»sing  paragiaph  of  this  statement  in  tlu^  Ibitish  ('asc. 

It  is  there  stated  that  "claims  for  the  interfe>'en<;e  of  ller  Majesty's 
government  in  the  case  of  these  and  other  vessels  were  based,  accord 
ing  to  the  statement  of  Mr.  Adams,  in  his  letter  to  Earl  Kussell  dated 
5Kh  of  October,  ISilU,  on  evidence  considered  by  him  to  apply  direetiy 
ti»  intringeuuMits  of  the  municipal  law,  and  not  to  anything  beyoiitl  it." 


COINIKK    (ASK    <»F     rilK    IMIKD    STATK8. 


437 


It  is  i[u\U'  possible — iMMliiips  it  is  not  too  iiuicli  to  say  that  it  is  prob- 
i,l)I(. — flint  the  arbitijitois  inny  derive  from  this  statement  the  impres- 
sion thut  all  the  otlieinl  representatiojis  of  Mr.  Adams  in  respect  to 
these  four  vessels  were  expressly  based  on  evideiiee  oft'ered  by 
•liim  ill  support  of  allegations  of  infriiijjeiiients  of  the  niuniei-  [22J 
pal  l;t\v.  Tlie  Tnited  States  call  attention  to  this,  feelinj>-  eonti- 
(Icnt  that  Her  Majesty's  jjoverniuent  will  be  anxious  to  e\eliide  a  eon- 
slnictioii  of  its  laii;(iiajie  which  is  so  litth'  in  aecordaiuM"  with  the  facts. 

V. 

I'iUt  \'  olthe  Urilisli  Cast-  isentith-d,  "  Statement  of  facts  relative  to 
liie  I'lorida."  Tiie  evidence  in  supi)ort  of  this  part  of  the  case  is  to  be 
loiiiid  in  volume  one  of  tUe  appendix,  between  pajifes  1  and  Km, inclusive. 

Tlicr<'  are  few  discrepancies  in  tli(>  two  accounts  of  the  career  of  this 
vcssi'L  The  new  evidence  furnished  by  Her  Majesty's  ;;()vernment  sus- 
;;iiiis  and  <H)ntlrms  the  views  of  the  rnitcd  States,  and  attention  is 
called  to  some  instances  of  this  character. 

I.  It  now  appears  clearly  that,  before  the  Florida  left  Liverpool,  the 
biitisli  ^ioveinment  rc<'eiv<'(l  information  fr<nn  tin- jjjovernment  of  Ilis 
Majesty  tiie  Kinjn' of  Italy  that  the  pretense  that  tin;  Florida  was  con- 
stnieteil  tor  the  Italian  f>ov<'rnment  was  a  fraud. 

L'.  'fhe  participation  of  the  le<;al  authorities  at  }V'assaii  in  the  «'on- 
spiracy  for  the  discharjif  of  the  Florida,  which  was  charjicd  by  the 
I'liitcd  States,  is  established  by  the  otiicial  reports  accompanyinj;'  the 
Mritish  case. 

."),  ll«'r  .Majesty's  ^iovernment  introduces,  on  *paj;es  7.i-4  of  its  [2.j] 
appendix,  evidence  which  sustains  the  alleviations  in  the  .Vmeri- 
caii  case  that  the  Florida  was,  in  outward  appearance,  a  JJritish  nian- 
ot-war,  and  that,  in  such  an  assumed  character,  with  tiie  JJritish  tlaft; 
tlyiiig,  she  passed  the  blockadinji'  s(puHli'on  olV3Iobile.  and  that  her  real 
tliaracter  was  not  srspected  until  too  late  to  stop  her.  This  act  was  de- 
scribed at  the  time  by  the  distin;;uished  admiral  who  witnessed  it  as 
Diily  ''an  ai>parent  want  of  vi<iilance." 

4.  The  olHcial  report  of  the  <;()veinorof  Harbadoes  of  what  took  plae(» 
ilieie  in  iM'bruary,  IHiV.t,  shows  that  there  has  been  an  evident  mistake 
oil  tlie  part  of  the  j^overnor  as  to  the  San  Jacinto.  It  also  briufis  home 
tM  tli(\i;overnor  positiv<'  knowledge  of  the  fact  that  the  act  which  he 
was  committing;'  was  a  \iohition  of  international  duty  toward  the 
I'niled  States. 

.").  It  now  appears  in  clear  colors  that  Bermuda  was  imule  a  base  of 
liostiie  opeiations  by  the  I'Morida.  The  commander  of  that  vessel,  hav- 
ing" coidcd,  and  havinji' been  at  ISarbadoes  within  less  than  seventy  days, 
iiiul  liavinj;'  then  cruised  otftlie  port  of  New  York,  destroy  in  j;  Amerieau 
vessels,  arrived  at  IJernindaand  informe«l  the  {governor  of  all  these  facts. 
The  ;;()veriior,  with  a  knowledge  of  tlu'in,  j^ave  him  a  hospitable  recep- 
tion, and  permitte<l  him  to  coal  and  repair.  These  facts  were  otllcially 
rcpdrti'd  to  ller  ]MjiJ«>sty's  ;,'overnment.  and  wer<'  formally  ap- 
pimed  at  the  foreij^n  ollice.  *rntil  now,  the  United  States  [24J 
liave  lieen  niiable  to  establish,  without  the  help  of  presiimi)tions, 
;ill  tlie  links  in  the  chain  of  evidence. 

•'.  It  is  stated  in  the  Hritish  ('ace  that  "had  the  vessel  been  seized  by 
Ihr  Maj«'sty's  government,  a  court  of  law  would  have  ordered,  and 
^vould.  imlci'd,  have  been  bound  to  '.>rder,  the  immediate  restoration  of 
lier  lor  want  of  evi<h'nce  to  support  a  forfeiture."  It  is  not  for  the  United 
^^tates  to  challeiifie  the  stat'Miu  nts  of  Jler  Majesty's  <>;ov<*rnment  regard- 


4;;.s 


llfKATY    OF    WASiriNGTON. 


iiip  Jiritisli  miiiiifipal  Isnv.  Their  ofticials  soii}j;lit,  (liiiiiijj;  the  lobcllion, 
to  iiidnce  ilor  .Majesty's  jfovermnont  to  stoj)  the  vessels  eonstnictcd  in 
( Jieat  Britain  to  crnise  against  the  United  States.  They  did  not  ask  for 
their  forfeit nre,  tliey  did  not  object  to  a  restoration  to  their  owners, 
l»ro\  ided  they  were  not  to  leave  Jlritish  waters  to  carry  on  war  a;,Miiisi 
the  l,'nite<l  States.  It  is  necessary  to  bring-  the  tiibnnal  back  to  this 
simple  jiroposition,  whi(;h  has  been  oliscured  by  the  irrele\ant  roiisid 
ations  i)nt  fortii  by  Her  .Majesty's  government. 

7.   It  is  scarcely   necessary  to  say  that   the   riiitcd  States  dt-iiy  tlic 
alle;,'atit)ns  ii-jjaidinji  the  sniijioscd  neglijicnce  of  their  Na\y. 


\'l. 

f^.**]  The  statements  made  re;;ardin;;-  the, Alabama    *  in  tiic  \  Ith 

|»art  of  the  iSritish  case  conlli(;t  but  litll'c  with  those  made  in  ijic 
American  case.  In  many  lespects  they  strenj^then  the  Ann'ricau  slate 
nient. 

1.  Theic  is  no  discrepancy  as  to  what  took  jdace  in  Liverpool  jnioi 
to  the  escai)e  of  the  vessel.  Some  new  facts  are  introdnced.  J-'or  ex 
ample:  {a)  That  in  rei)ly  to  ^Ir.  Adam's  first  rejjresentations,  the  law 
officers  of  the  Crown  advised  that  he  should  be  informed  that  Her  .Ma- 
jesty's fjovernment  was  investi^'atinj;'  the  ease,  and  that  their  course 
would  depend  ui>ou  the  nature  and  the  sufliciency  of  any  evidence  ef  n 
breach  of  the  law  which  they  mij^ht  obtain;  (b)  that  the  otticial  le^ai 
advisers  of  the  customs  f^ave  opinions  on  the  evidence  contained  in  Mr, 
Adams's  representations  which  were  in  conflict  with  the  opinions  of  the 
law-oliicers  of  the  Crown  ;  (<•)  that  these  opinions  were  given  upon  the 
qlie.stions  after  they  had  been  submitte<l  to  the  law-oflicers  of  the  Crown, 
and  before  the  latter  had  rendered  their  opinions;  {<!)  that  the  customs 
department  of  Her  iMajesty's  government  (to  Avhich  3Ir.  Adams  was 
referred  by  Earl  Kussell  as  charged  with  the  management  of  the  affair) 
acted  on  the  opinions  of  their  own  advisers,  at  a  time  when  they  must 
have  known  that  the  law-oflicers  of  the  Crown  had  the  subject  under 
consideration. 

L*.  The   ojunion  of  the  law ofliccrs   of   the   Crown,    now   first   niade 
public,  confirms    the  views  of   the  United   States    jiresented  in  their 

case. 
[20j  *.{.  It  appears  that  the  commissioners  of  customs  knew  on  Tnes 

day,  tlu'  li'.hh  of  duly,  that  the  Alabama  had  escaped  that  day.  ainl 
that  it  was  not  until  I'riilay,  the  1st  of  August,  that  the  collectors  at  llol.v 
hviu\  and  Iji'anmaris  received  instructions  to  detain  her.  On  the  I'd  tit 
August  the  collector  at  JJeaunuiris  reported  that  he  had  attemled  to  his 
instructions,  and  had  found  that  the  Alabama  had  left  Point  Lvnas 


on  the 


of  Thursday,  the  .'{1st.     If,  therefore,  the  instructions 


given  on  the  1st  of  August  had  been  given  on  the  L'^th  of  duly,  tlic 
Alabama  might  have  been  detained  at  Point  Lynas. 

4.  Her  Majesty's  government  introduce  a  dis[»atch  to  Mr.  Adauis 
regarding  his  corresponde'.ce  with  Captain  Craven,  appjnently  with  a 
puriM»8e  of  assuming  hereafter  that  Cai)tain  Craven  was  guilty  ol  some 
negligence.  It  apjjcars  that  Captain  Craven  was  at  Sonthampt«)M  with 
his  vessel  (the  Tuscarora)  ou  the  liOth  of  duly;  that  he  left  thcic  for 
Queenstown,  arriving  at  the  latter  ]dace  on  the  .Mftli ;  that,  on  the  .list. 
lie  received  a  teh'gram  informing  him  that  the  Alabanm  was  off  Point 
Lynas;  and  that  on  the  1st  of  August  he  set  sail  u|»  Saint  (icor;;e'N 
Channel  toward  that  point.  Mr.  Ailams  ol)jected  to  tlu'  eours*'  he  took, 
as  bringing  him  within  British  waters.  I'acts,  revealed  sid)se(|U('ntiy 
to  ]Mr.  Adams's  dispatch,  show  that  the  Alabanm  had  left  I'oint  bvitas 


fOUNTKli    CASK    OF    THi:    IMTKD    STATK8. 


439 


befoit'  Captain  ('raveji*kno\v  that  she  had  been  tliere.    Without      [27] 
rejjiiitl,tiu'ret'oie,  to  i)iiii('i|)lt'.s  which  nii<?ht  well  bo  disputiMl.this 
tact  ivhevos  the  arbitrators  from  consuU'riii<;  any  supposed  responsi- 
l»ilit,v  of  tlu»  United  States  for  the  aets  of  theTuscarora  at  that  tiaie. 

."».  Tije  Uritish  eoiisul's  report  of  the  visit  of  tlie  Ahibaina  to  Mar- 
tiiii(ia(^  shows  that  she  was  in  tli'A  habit  of  saiiiiij;-  under  tlie  IJritish  thi;»'. 
Tills  was  Icnowu  to  Her  Majesly's  government  on  the  ITtIr  of  December, 
lS(iL'. 

(I.  ]\i  January,  1SIJ;{,  tlie  Alabama  entered  Port  Ivjyal,  Jamaica,  fi>r 
ivpairs  an<l  to  land  j>ris()ners,  Tlie  course  of  tlu^  governor  in  allowinjj 
siicli  hospitalities  to  Ix^  granted  was  a pju-oved  by  l!)arl  Kiissell,  l-'ebruary 
14,  IStl.'j.  This  appn)vai  a|)pears  to  have  been  given  without  regard  to 
tbe  advice  of  the  law  ollicers  of  tiu^  Crown.     (Ai)pendix,  page  L'lL*.) 

7,  (Ireat  stress  is  apjjarcmtly  laid  on  the  reception  and  acts  of  the 
Alahama  in  Ui-a/ilian  waters.  The  I'liittMl  States  invite  attention  to  the 
striking  <'onlrast  between  the  coiirs<' of  Ib-r  Miijesty's  government  in 
tlie  acts  complained  (d"  befoi'i'  the  tribunal,  and  the couise  of  the  Em- 
]>eror's  government,  as  shown  in  inclosure  Xo.  1,  on  page  U7(i  of  the 
appendix  :  as  shown  in  the  IJra/.iiian  (Mrcular  on  page  28i,  stating  that 
"the  Confederate  States  have  no  legal  existence  ;"  that  they  have 

Itecii  re«!ogni/ed  as  belligerents  only  ''  with  the  *necessary  re-  [2.SJ 
strictions,*'  and  that  the  ex|)ortation  of  warlike  articles  from  the 
ports  of  the  lOmperor  to  the  insurgents,  whether  under  the  IJraziliau  or 
a  foreign  tlag,  was  forbidden ;  but  that  a  similar  trade  to  the  ports  of  the 
United  States  was  forbiddi'ii  only  to  the  Jbazilian  Hag;  as  shown  in  the 
rule  as  to  coal ;  and  as  shown  in  the  carefully  drawn  distinction  between 
hospitalities  like  those  permitted  in  the  JJritish  West  Indian  i)orts  for 
the  i)urpose  of  aiding  a  vessel  in  a  hostile  cruise,  and  hospitalities  given 
to  enable  a  vessel  to  reach  a  home  i)ort. 

8.  Her  ^VFajesty's  govennnent  aver  that  the  original  crew  of  the  Ala- 
Itaina  was  not  eidisted  for  the  service  of  the  insurgents.  The  United 
States  contend  that  the  evidence  shows  that  a  large  porti()n  of  the  crew 
knew  quite  well  whither  they  were  going. 

!l.  The  United  States  (iontend  that  it  is  immaterial  whether  they  did 
or  did  not  make  any  ett'orts  to  (rapture  the  Alabama.  The  fact  is,  how- 
ever, that  they  made  great  ettbrts,  and  incurred  great  ex[)ense  for  that 
purpose. 

Tiie  United  States  also  resi)ectfully  r«'fer  the  tribunal  of  arbitration 
to  the  corres[»ondence  with  the  I'ortuguese  government  and  authorities 
coiu'erning  this  vessel,  which  is  contained  in  the  documents  submitted 
with  this  counter  case. 


Vll. 


|21)| 


The  evidence  olVen'd  by  (ir«'at  IJritain  regarding  thcdeorgia  is  in  the 
main  identical  with  that  ottered  by  the  United  States.  In  some  respects 
the  new  documents  strengthen  the  case  of  the  United  States. 

1.  It  appears  that  Her  Majesty's  government  was  otticially  informed, 
hy  its  own  otticials,  of  the  suspicious  character  of  the  Alar,  two  days  in 
advance  of  Mr.  Adams's  information,  and  that  it  took  no  steps  in  coii- 
soi|uenee. 

-.  I*^  is  intimated  that  Mr.  A«h»ms  was  in  ])ossession  of  information, 
befcic  the  .^ailing  of  the  Georgia,  which  he  should  have  connnuuicated 
to  Ifor  Majesty's  government,  but  it  is  conceded  that  the  information 
vould  not  havt  .justified  conviction  under  the  foreignenlistnient  act, 


w 


440 


TKEATY    :)F    WASHINGTON. 


and  that  Mr.  Adams  had,  before  then,  been  informed  that  Her  Mjijestv's 
government  conhl  not  act  on  less  (!omplete  representations. 

3.  It  appears  that  orders  were  jjiven  to  a  liritish  vessel  of  war  to  pro 
ceed  to  Ahlerney,  but  it  does  not  appear  wlietlier  those  orders  wtie  oi 
were  not  obeyed. 

4.  The  report  made  in  1871  of  the  arminjj  of  the  Georgia  dilVcrs  fmin 
the  «;ontemjioraneous  accounts  made  by  eye-witnesses. 

5.  When  Her  ^Majesty's  government  made  the  statement  that  no  soijons 

endeavor  to  intercept  or  capture  the  (leorgia  appears  lo  liavc 
[30j      been  made  on  *tiie  part  of  the  United  States,  it  was  mistiiKcn. 

Tills  correction  is,  however,  made  innb'r  protest  tliat  th«'  riiitcd 
States  were  unch'i' no  obligation  toward  (Ireat  Uiitain  to  rrbevc  ht  r  lioin 
the  consoincnccs  of  hei-  original  wrong-doing. 

VIII. 


\t:*tL 


Hi 


i;  .* 


As  with  the  other  vessels,  so  with  the  Shenandoah,  the  t'videnn-  in  tin- 
two  cases  is  largely  the  same,  and  the  e\  idence  exclnsi\('ly  jnociitcd 
by  licr  Majesty's  government  strengthens  the  \ie\vs  ;ind  thcoiics  <it'  tlic 
United  States. 

1.  It  a])i)ears  i.,  the  ojiinion  of  the  lawotlicers  of  the  Crown.  (|)iiji('> 
141,]4L*,)  the  Sea  King  was  regarded  as  a  Jbitish  vessel  until  altci-its 
arrival  at  the  A/ores;  that  acts  took  i)lace  then'  on  its  deck  which  wcic 
esteemed  to  be  violations  of  the  foreign-«'nlistment  act:  and  tlisittlic 
question  whether  her  deck  was  not  at  that  time  a  i)lac«'  belonging  or 
subject  to  Her  ^fajesty  was  thought  to  be  a  serious  one.  Tiic  acts 
which  ar(i  referred  to  as  having  ttdvcn  place  there  within  lb itisli  juris 
diction  were  some  of  th<^  acts  of  which  the  United  States  now  coniplaiii. 

2.  The  United  States  do  not  admit  that  the  i>ersons  who  went  out  in 

the  Laurel  are  to  be  regarded  as  ordinary  jiasscngers.  Tlu) 
[31  j      were  persons  who,  *iu  violation  of  the  duties  of  (licat  Uiitain 

as  a  neutral,  were  recruited  in  England  to  serve  on  the  Slicnaii 
doah. 

3.  The  oflicial  repoit  of  the  governor  of  what  took  place  at  .MelltniMiu' 
contirms  the  account  given  by  the  United  States  in  their  case.  J>,\ 
inclosure  1!>,  on  i)age  1119,  (a])i)endi\',)  and  by  iiiclosure  No.  I'L'.  on  paj^c 
500,  it  app<'ars  that  intniediately  alter  her  arrival  at  ^Melbourne  she  was 
known  as  the  Sea  King.  l>y  i)aragrai)h  1>,  pages  ."iO.Vd,  it  apjiears  tliai 
the  commander  was  not  pressed  to  go  to  sea  until  he  was  (|uite  rea(l\  to 
go;  by-  ])aragrai)h  I'O,  on  page  ."iOT,  it  appears  that  the  governor  was  con 
senting  to  the  condonation  of  the  otVenses  of  the;  Shenandoah  against 
IJritish  neutrality ;  by  the  police  repint,  <m  page  '>-'■'>,  it  ai>pears  that  the 
government  was  otlicially  infornu'd  by  its  own  ollicers  that  the  com- 
nuinder  intended  to  ship  forty  nuMi  at  .Melbouiiu' :  and  by  inelosurc  !K). 
l^age  olitJ,  it  appears  that,  although  the  stay  of  the  Shemindoah  at 
]\Ielbourne  was  nominally  for  the  rcjiair  of  the  screw  and  its  i)eaiiii};s. 
that  part  of  the  machiiuM'y  was  not  touched  luitil  tlu'  v<>ssel  had  been 
fourteen  days  in  port.  The  United  States  cannot  admit  that  tlit'iv 
was  any  vigilance  exercised  by  the  ollicers  of  the  colonial  govciii 
ment. 

4.  The  United  States,  for  reasons  stat<'d  in  their  case,  cannot  agree 

with  Her  Majesty's  government  in  the  statenu'Uts  made  in  tiic 
[.32]      first  paragraph  of  page  *100of  the  Jbitish  ea.se,  regarding  the 

crew  of  the  Sheiuindoah  and  Temple's  atlidavit;  nor  can  tlit.v 
accept  as  true  the  statement  of  the  comnmnder  of  the  Shenandoah,  cited 
by  Her  Majesty's  government  on  page  107,  that  on  receiving  intelli- 


(  OlNTi:i{    (ASK    OI'     rilK    INITKD    STATES. 


441 


^ji'iice  ot  the  overthrow  of  the  iusunection,  he  "desisted  instantly  from 
furtlieraetsof  wnr.'* 

,'».  The  United  States,  as  to  the  Shenandoali,  make  the  same  state- 
ment wliieh  they  liave  already  made  in  reply  to  the  statements  of  Her 
Majesty's  ^jovernnient  tonchin;;-  attempts  to  intercept  or  to  captnre  the 


Ceoryia. 


IX. 


On  pa;;!'  H»7  of  tlie  case  i>f  Her  ^faj^'sty's  ;;overnnient,  it  is  said:  "  If 
tlie  tiiiainal  should  come  to  the  cionclnsion  that  (Ireat  Jiritain  has  in- 
clined any  liability  to  the  Tnited  States,  the  question  will  tiien  arise 
what  sliouhl  he  deemed  the  just  measure  and  extent  of  that  liability. 
Her  r»ritanni»;  Majesty's  jiovernnient  abstain  at  present  from  enterinjj^ 
into  that  (piestion,  and  will  reserve  such  observations  as  may  be  litly 
ollered.  in  ivlation  to  it  to  a  later  siii<;c  of  the  i)roceedin}is.  Here  it  is 
siillieient  to  remark  that  a  claim  on  the  part  of  a  benij,'erent  to  be  indem- 
iiilied  at  the  expense  of  a  neutial  for  losses  inllictedor  occasioned 
liy  any  of  the  *ordinary  ojieratious  of  war,  on  the  jtlea  that  thosj';  [o.'JJ 
(»l)enitions  were  assisted  or  facilitated  by  ne;ili}4ence  on  the  i)art 
(if  the  neutral  <;-overnTiient.  is  oiu>  which  involves  };ia\e  considerations, 
;in(l  rcipiires  to  be  wei;;hed  with  the  utmost  care.  Losses  of  which  such 
iu'^'li},'enee  is  the  direct  and  ]»roximate  cause,  (and  it  is  in  respect  of  such 
only  that  compensation  could  justly  be  awarded,)  are  commonly  not 
iMsy  to  separate  from  those  s[)rinf;in<;  from  other  causes.*' 

The  United  States  concur  with  Her  ^Majesty's  p)vernnuMit  in  the 
opinion  that  ''a  claim  on  the  i)art  of  a  belli{;erent  to  be  indemnilied  at 
the  expense  of  a  neutral  for  losses  intiicted  or  occasioned  by  any  of  the 
oidinary  open'tions  of  war  *"  "  is  one  which  invoh cs  j^rave  considerations, 
;ni(l  recpiires  to  be  wei<;hed  with  the  utmost  care."'  Without  the  explan- 
atory observations  which  Her  ^Majesty's  (Jovernment  reserves  the  ri<tht 
to  make  in  a  later  sta<?e  of  tlu'  proceedings,  they  cannot  say  how  far 
they  do  or  do  not  concur  in  the  further  statement  that  compensation 
lan  only  justly  be  awarded  by  the  tribunal  in  res[)ect  to  losses  of  which 
the  neyli-^cnce  of  the  neutral  is  tin*  direct  and  jn'oxiunite  cause.  <( 

*lt  ai)pears  to  them,  however,  that  certain  <;eneral  considera-  [oi] 
tions  may  reasonably  be  assume<l  by  the  arbitrators.  1.  Iloth 
parties  contemplat*'  that  the  I'nited  States  will  endeavor  to  establish  in 
these  ]troceedin^s  some  tanjifible  connection  of  cause  and  elfect  between 
the  injuries  for  which  they  ask  comi)ensation  and  tin;  "acts  committed 
Ity  the  several  vessels,"  which  the  treaty  contemplates  are  to  be  shown 
to  be  the  fount  of  those  injuries.  L'.  The  tribunal  of  arbitration  being 
a  judicial  body,  invested  by  the  parties  with  the  functions  necessary  for 
dt'terniininji'  the  issues  between  them,  and  b«'ing  now  seized  of  the 
substance  of  the  nnitters  in  dispute,  will  hold  itself  bound  by  such 
reasonable  and  t'stablished  rules  of  law  re^ardin<>;  the  relations  of 
laiiso  and  etteet  as  it  may  assume  that  the  i)arlies  had  in  view 
*\vlien  they  entered  into  their  etif^ajicment  to  make  this  refer- 
inee.    .'{.    Neither    party    contemplates   that   the   tribunal   will 

fiOii  the  4(')llth  jiam' of  tli<i  Aiiu'ricaii  olticial  cast',  in  tlio  Kiif;lisli  laii{;nafi<',  al'tor 
ininiifiiitinj;  the  st'voial  cla.ssr.s  of  claiiiin  for  iiijiiricw,  tim  I'nitod  StattH  nay  :  ^'Sofar 
111  thiKc  airitiim  loxHtn  and  crinndUiitTH  firew  out  of  thi'  actx  committal  hi/  the  stvcriil  crnisrrn, 
Hio  United  Stat«'n  are  entitle*!  to  !i8k  conii)enNat ion  anil  reninneiation  before  this  tri- 
I'unal."  In  the  unoltieinl  rreneli  translation,  made  for  the  convenienee  of  the  arbitra- 
tors, there  is  no  e<inivulent  for  tin;  important  \vor<l.s  in  itulies  above  cited,  {Firiich  vernioti, 
l'(iije  'Ml.)  The  ajfent  of  the  I'nited  States  reeeivetl  the  book  Just  as  the  eonferences  at, 
•  't'liovii  in  Decemijer  were  about  to  beniu,  and  did  not  diseover  the  error  in  time  to 
"iirrcct  it  at  that  eonference.     He  now  takes  the  (irst  opportunity  to  call  attention  to  it. 


[35] 


442 


IKKAIY    OF    WAHIIINOTON. 


«stablisli  or  be  governed  by  rules  in  this  respoct  which  will  either  on 
the  one  hand  tend  to  release  neutrals  from  their  duty  to  obsorve  u 
strict  neutrality,  or,  on  the  other  hand,  will  make  a  course  of  honest 
neutrality  unduly  burdensome. 

Leaving  now  the  issues  raised  by  the  cases  and  counter  cases  of  tlw 
two  governments  to  the  arguments  of  counsel  and  to  the  de(!isioii  of  the 
tribunal,  the]  United  States  rejjeat  with  a  strengthened  conviction  the 
language  with  which  they  closed  their  case :  "  It  is  in  the  highest  interest 
of  the  two  great  powers  which  appear  at  this  bar  that  the  (pauses  ofdit 
ference  which. have  arisen  between  them  should  be  speedily  and  forever 
set  at  res..  The  United  States  entertain  a  confident  expectation  tlmt 
Her  -Majesty's  government  will  concur  with  them  in  this  oi)inioii." 


M* 


^  1 


ADDITIONAL 


DOCUMENTS,   CORRESPONDENCE, 


AND     EVIDENCE 


ACCOM  PAN  YING  COUNTER  CASK  OF  THE  UNITED  STATES. 


■'i». 


'ij.^ 


/ 


[11 


*CORRESPONI)ENCK. 


Mr.  Monroe,  Sa-rHnrtf  of  Stah;  to  Mr.  Stceli',  rollnhn'. 

DErAUTMENT   OF  S'J'ATH, 

JulylH,  1811. 

SiR:  Tliore  is  somo  loasoii  to  ni)pro!lion(l  tluit  tlio  owners  of  the 
IrtMich  privateer,  the  Dilijfence,  are  taking  steps  for  the  arniiiifr  and 
.quippinj;  her  for  sea.  As  it  is  improper  tliat  French  vessels  should  be 
armed  within  the  United  States,  I  have  to  re«piest  that  you  will  bo  par- 
linilarly  attentive  to  this  vessel,  to  prevent  such  a  measure  being  car- 
rinl  into  eftiect. 
I  have,  &«'., 

.lAMKS  MONIIOK. 

.ImIin  Stkki.K,  Ks(|.,  <\:e.,  I'hibuMphio. 


:'     "Mr.  Moiirov,  SirrcUirii  <>/'  Statr,  io  the  collector  of  (.'karlcxton. 

DKl'AltTMHNT  OF  StATK, 

ticptcmber  J!»,  JSll. 

Sii;:  Having  been  r«H'entiy  infornu'd  that  a  Ihitish  ship,  a  prize  to 
iu'  French  privateer  J)nke  of  Dant/.ig,  Arregnandier,  commander,  has 
lilt II  for  some  months  ])ast  lying  in  the  port  of  Charleston,  1  request 
yoti  to  state  to  me,  with  as  little  delay  as  possible,  and  with  accuracy, 
;lu'  particular  circumstances  cotinectc«l  with  the  arrival  and  <letention 
I't  tills  IJritish  vessel  iu  the  waters  of  the  United  States. 

Vtju  will  also  be  i)leased  to  inform  me  whether  there  have  occurr«*d 
within  your  district  any  cases  of  vessels  apparently  lltted  (uit  as  nier- 
I liaiit  ships,  which  ha\e,  on  quitting  the  American  shores,  commenced 
a'liii;,'  as  privateers,  under  French  commissions,  against  the  British 
tradi'. 

1  am,  &c., 

.lAMKS  MOXKOK. 
Tiu't'oi.l.Kf'TOK  of  the  I'nrt  of  (■harle.ston. 


Mr.  Monroe,  Sccretarif  of  Stat<;  to  Mr.  Dallas,  tli.strirt  attorney. 

DErAUTME.NT  OF  STATE, 

yovcmber  4,  1811. 

^IR:  1  have  had  the  honor  of  receiving  your  letter  of  the  20th  ultimo, 
fH'luilihg a  decision  of  the  circuit  court  for  the  district  of  Pennsylva- 
"iii.  iu  the  case  of  the  French  public  vessel  l^^xcbange,  by  which  the  de- 
cision of  the  district  court  is  reversed. 

As  this  case  is  a  very  important  one,  it  is  proper  that  it  should  be 
«»rried  before  the  highest  judicial  tribunal  of  the  United  States.    The 


^ir 


440 


TKKATY    Ol"    \VASIIIN(JT0X I'AI'EKS   ACCOMrAN YlN(i 


'A  . .  ''P 


IV   ■' 


mM' 


I 


'il 


i 


hfi 


\i 


Pi'csitleiit  requests,  tluH-eftn'c,  that  yon  will  take  the  steps  lu'co.s.Hiuy 
for  that  purpose. 

Your  own  Jmlgmeiit  and  kuowhMlge  will  su^jfjjest  those  which  may  In- 
taken  with  the  least  eoniproniitiueiit  of  the  (ioveruuieut. 
I  have,  &(!., 

.lAMKS  .MONllOK. 
faj    •Alkxandku  .1.  Dai, 1, AS,  Ks<|.,  ritihitlditliia. 


Mr.  Monr(H\  Sivn-tKry  of  State,  to  (iovernov  Cluibornf. 

Depaktment  op  State. 

Jkcvmher  B,  1811. 

Hill :  I  have  the  honor  to  transmit  to  you  a  copy  of  a  letter  from  Mr 

Onis,  from  which  it  would  ap]iear  that  he  had  received  inlorina 

[4]       tion  *that  some  Frenchmen  at  New  Orleans  had  it  in  view  to  aim 

and  ecjuip  at  that  place  a  vessel,  for  the  luirpose  "of  surprisini; 

the  port  of  liaracoa,  in  the  island  of  Cuba,  plundering  its  inhabitants, 

and  laying  wa.ste  the  town." 

Such  an  equipment  in  the  jiort  of  Xew  Orleans  would  be  highly  im 
proper,  and  the  Tresident  does  not  doubt  that  y<ni  will  take  etVectiuil 
measures  to  prcn'ent  it,  if,  on  inquiry,  you  find  tliere  is  any  foiiiidatiim 
for  the  rei>ort  which  has  reached  Mr.  Onis. 
1  am,  sir,  isic, 

.lAMKS  MONKOi:. 
(Jovernor  ('laiuokne. 


Mr.  Mvtirot;  Senttary  of  State,  to  the  yoruiutr  of  Ttniti-Htur. 

UErAUTMENT   OF  STA'JE, 

Srptemlter  .'{,  ISli*. 

Sir:  intelligence  has  been  received  that  some  of  the  citizens  of  Vdiii 
State  are  collecting  in  tlu;  county  of  Cliles,  with  the  intention  to  make 
an  incursion  into  some  of  the  i»rovinces  of  Spain,  to  join  the  rovolii 
tionary  party  in  a  contest  against  the  existing  government.  As  the 
United  States  are  at  ])eace  with  Si)ain,  and  su(!h  a  movement  is  |iroliilt 
ited  by  law  under  severe  ])enalties,  the  I'resident  has  instniotttl 
[5]  me  to  communicate  to  your  excellency  this  intelligence,  *\vitli 
a  request  that  you  would  investigate  its  truth,  and,  .should  it 
appear  to  be  w  ell  founded,  give  it  all  di.scountenance  in  your  power.  It  is 
presuujed  that  when  the  i)arties  concerned  in  this  luoceeding  arc  ap 
prised  of  the  .sense  of  their  (iovernment,  and,  more  esp<'ciaMy,  of  tlioli- 
gal  prohibition  ami  penalties  atta<;hed  to  it,  they  will  not  hesitate  to 
decline  it. 

.TAMi:S  MONROK. 

The  CJOVEKNOIJ   OF  Tennks.see. 


Mr.  Monroe,  Serretary  of  State,  to  Governor  Howard. 

Department  of  State, 

September  3,  181 1'. 


Sir:  Your  letter  of  the  2l8t  of  June,  with  a  paper  addressed  to  y 
by  .).  McClanaham,  for  himself  and  in  behalf  of  lleuben  Smith  a 


iliul 


E;?;A:-^,'-s   • 


C()i!NTKU    CASK    OF    TIIK    I MTKh    STAIKS. 


447 


.laiiios  I'attci'son,  iiilinhitaiits  of  LouiNiniin,  was  rm'ivcd  \w\v  wliilo  r 
waii  abrteiit  uii  a  viNit  to  Vir^^iiiia,  or  it  wouUl  )iav(>  been  sooiirr  attciMlcd 

to. 

It  !i|>]>*'i»''^  '*y  ^^''^  cointniniinatioii  that  its  aiitliors  intend  to  visit 
some  ol' tin'  provinros  of  Spain,  and,  as  may  Im^  intV'in'tl  from  tin'  recital 
it  <riv('s  of  tiio  circumstanjTs  attending  a  former  jonrney  tlieie,  and  tlio 
motives  assiy:ne«l  for  the  ]Mirposed  om>,  their  object  amy  be,  and 
III  pntbaltly  is,  of  an  nnfriendly  natnre.  It  is  in  tlie  *hitter  view 
that  tlie  snbje(;t  is  inten'stin;,',  and  on  wliich  in  that  vi«'\v  I  have 
KM'oinnianieate  to  yon  the  sentiments  of  tin*  I'resident. 

The  United  States  are  at  peace  witli  Spain.  The  «'onvidsions  of  the 
Spanish  monarchy  have  produced  no  etfect  on  this  jioJiey  toward  lier. 
TIm!  (Usor};ani/.ed  condition  of  that  power  and  its  embarrassmenrs  have 
att'orded  motives  ratluT  t«>  forbear  to  i)ress  ehiims  of  rijfht  fo'iiidi'd  on 
positive  wrongs,  than  to  seeic  re<lress  by  fore;*',  wliicli  under  otlier  cir- 
ciimstunces  miglit  have  l)een  done. 

If  the  pr(»iected  visit  contemphites  any  measure  of  hostility  to  Spuin, 
it  is  repugnant  to  tin*  policy  of  the  United  Stat«'s,  and  is  also  positiv«'ly 
prohibited  by  law.  I  have,  then'fore,  to  recpu'st  that  y«>u  will  nmkethis 
known  to  the  parties  eoiu'eiiicd,  and  give  all  the  (lisc«)untenance  in  your 
power  to  any  measure  which  may  possibly  tend  eventually  to  assume 
a  hostile  character. 

.IAMi:s  MONKOK. 

(i(»VKUN(»H    IIOWAUl). 


dnig  are  ap 


;"|    *  Mr.  Moiirot;  IScn'i'iat'jf  of  State,  to  tlif  fforcrnors  of  l.nidsintui  oidI 
of  the  Mississiitpi  Terfitori/,  and  to  TiiHif  h'olunxon,  istj. 

I)KrAi{'j:\n;NT  of  State, 

Fettnmrjj  li,  1811. 

iSiiJS:  it  is  utulerstooil  that  J>r.  'lohn  K'obinson,  who  was  employed 
soiiielinie:  past,  on  tlu^  recomnuMulation  of  the  late  (Mineral  I'ike,  in  mak- 
iiijja  IViendly  conununication  to  the  governor  of  the  internal  provinces 
III  New  Spain,  is  now  engage<l,  with  others,  in  raising  troojts  to  make  a 
liostilc  in('iusi(ui  into  those  provinces. 

These  acts  of  Dr.  Jlobinson,  illegal  in  themselves,  are  the  moie 
reprehensible  fnun  the  consideration  that,  as  he  was  sonuitime  siiuM^  in 
tlie  service  of  this  (Jovernment,  it  nmy  be  inferr«Mlthat  lu^  is  so  still,  atnl 
that  these  measures  are  taken  under  its  saiu'tion.  I  therefore  hasten 
to  iiilbrni  you  that  he  has  at  this  tinu'  no  cmploynuMit  whatever  under 
thedovernment,  nor  has  he  had  sine*'  his  return  last  year  fr<Mu  the  in- 
ternal provinces  of  New  Spain;  and  that  the  nu'asures  imputed  to  him 
are  repugnant  to  the  views  of  the  (Jovernment,  and  contrary  to  law. 
While  at  peace  with  Spain,  whatever  may  be  the  injuries  heretofore  re- 
ceived from  her  government,  it  is  highly  iniproper  for  any  of  the  cili/ens 
of  the  United  States  to  violate  that  relation.  The  Tresideut,  therefore, 
I'xpects  that  you  will  take  the  necessary  and  proper  steps  to  prevent 
itiiy  measures  of  tlie  kind  imputed  to  Dr.  Kobiiison  from  being  c;uried 
into  ettect. 

JAMKS  MONROE. 


„Ji,,  I 


■    si.'.!     iV  '-il' 


44«S  THKA'rV    Oh'    \V.\>inN<.  ION I'Ai'KlfS    ACCOMl'AN'VINi; 

[8]  "Mr.  frfoit*'o*'^  iScrreffnif  of  tStaW,  to  l>r.  Rohiiison. 

Dr.i'AuiMF.NT  OF  Statio, 

Fchrniiri/  11,  isi  |. 

Sill:  i  IwiSf  jiisl  rccfivfd  ;i  IrttiT  iVoiii  >on,  iM'Siiiiifr  <liil(^  Uu- L',"itli  ol 
.laiiUiMV,  Iml  uitiioul  any  jlcsifiiiiition  of  tlic  pluci'  at  whidi  it  wi'.s  wiit 
teu.  From  otlici' sources  I  Icain  llml  you  arc  at  >'at<'li(>z.  Tliis  will. 
th<'r('t«>ft',  h<'  ati<lit'ssc(l  fo  you  tlifi<\  'I'lic  iiicasun's  in  wliidi  y(Mi  aiv 
enpifiHl,  bciu;;' ((Mitiary  to  law  and  \vliolly  unautlioii/cd,  have  cscit..,] 
no  little  siiipi  isc,  es|K')ially  as  you  kin".v  this  tt)  1m>  the  (nise  tVoiii  yom 
instiiictioiis  witilc  artin;,'^  under  fiu>  autlutrity  oi' the  (lovenimeiit.  mi  the 
reeoininendation  of  (li«>  late  (leneial  Piixe.  ^()ur  (;ondu<'t  is  (lie  nioif 
r<'|)i-eliensil)le  tVoin  the  eireiiinstanee  thai,  as  you  were  «'inj)Ioye(l  .some 
time  ]»ast  in  utaKiii;:  ;;  tViemlly  e(t!ninn,nieat ion  to  the  jjovernor  of  tin. 
internal  jhon  in;  ■;;  of  New  Spain,  it  may  i>e  inferred  that  yon  are  still 
in  tlu'  servii'e.  of  the  (lovenwnent,  and  uetin;^:  in  confoiinity  to  its  vii'ws 
and  by  its  anilioiity.  Onheaiin.ij  of  your  ))roeeedin<;s  at  I'oit  I'itf,  ! 
instrnejed  the  atlo;  ne.Nol'  tlie  failed  States  for  tiui  district  of  I'eniisyl 
vunia  to  take  the  jnoper  measures,  in  (jompiianee  with  th(>  law.  to  put  ;i 
stop  to  them;  and  I  m>w  write  to  iiiforai  .vou.that  ifyt)U  do  not  iiniiu'tli 
ately  delist  froin  .\(»nr  ille]nal  nwasures  and  pursniis,  the  most  (lecisi\,. 
steps  will  \h'  taken  lo  <;iv(»  etl'ect  to  the  l<'i;al  icstraiid.  aiipliciihlc  t<i 
them. 

.lAMKS  .MONkOi;. 

Di;.  KoniNsnN. 


m 


•.]/••.  .\'oiiroi'.  Svrniiiru  ol'  Stitlf.  to  (inrinutr  (  IiiUxhih . 


DKI'AKTMIONT   o|-    Sr.\TI'. 

Ffhruonj  17,  is  1 1. 
Sli;  ;    I  duly  reeei\ed  the  iettei'  which  you  wroti'  to  me  on  the  'JUtli  nl 
Nu'/einher,  ISI,!,  ;^i\inji  inl'oi  mat  ion  that  (ieneral  I'oledo,  late  euinriiaii 
diT  of  (he.  revolntioinst.-  in  /he  Spanish  pro\ince  of  Texas,  and  <lciiti;i! 
Jliunhert,   a.    l''renchman,   wer«'   or/ani/in;,^   and    e(|nippinii;'  a  force  in 
Louisiana  and  elsewhere  within  Iht^  I'nited  States,  lor  t  h<»  evpress  pin 
pos<>  of  e'lterinj;' that  province  and  aidin.u  in  the  overthrow  of  itH.uiiv 
(Miiment  ;  .snd  I  o!»ser\e  with  ph-asure  thatyoii  were  taking  nieasinvs to 
defeat  theii'  piojeet.     There  is  reason  tohelieve  that  the.se  forei;;iier.sii('i 
in  (UMicert  and  are  eni-ajrcd  with   Dr.  l{ol)in.-;on.  and  it  is  my  wish  ili.ir 
the  instriu-tions  in  relation  to  him.  communicated  in  my  letter  tu  yoiioi 
Ihe  I  Ith  instant,  mav  he  extended  to  tluin. 

JAMIvS  MONllOi:. 


t  ^^ 


Mr.  Mot  ■   (.',  i^rrniari/  of  tStatc,  to  Mr.  h'nltin.sdti. 

DKrAUT.MKNT  (>!"  Stah;, 

FfhriKirff  17,  1.^14. 

Sin:  There  is  reason  to  believe  that  (IiMieral  T)ledo,  late  couiniamliM 

of  the  revolutionists  in  (he  Spanish  province  of 'l\'\  as.  ;i  ml  <ieiiiMiil 

(lOj      HunduM't,  a   Fri'nehman,  »ael  in  concert  ami  are  en;ia<.'('d  witli 

Doctor  Kohinson.     If  is  my  wish,  (herelore,  that  the  instruction."* 

in  relation  to  him,  «'ommunicated  iti  >ny  letter  (o  you  of  (he  I  Ith  in  *t:nit. 

mav  hf:  extended  to  them. 

.F.VMKS  MONKM)!-:. 
TUI.LV   KOIJINHON,  KAi\. 


rorxTF.R  (ASK  OF  Tin:  imtki*  status. 
Mr.  Monroe.  Sccretftn/  of'  Sliitr.  to  Mr.  Conner. 


44:» 


J)i:paktmknt  or  State. 

April  1!».  ISli. 

Sir:  TIio  papers  idV'n^'d  to  in  yinir  IrtN-r  of  tlit*  7tli  instant  wno 
.Jiily  m'eiv«Ml  at  this  <»lli(M'.  'rii(>  ITniti'd  States  Ihmii;;  at  pfare  with 
Spiiitt.  no  ('omilciiaiicc  can  lie  ;;iv«'n  !»y  tlirir  (ioviTnincnt  t<»  tin*  )iio- 
ii'iMiiii^s  I)!'  the  icvoliitionaiy  party  in  Kast  Flurida.  if  it  isconiposcd  ol 
>|)iiiiisli  sur»j('cts,  and  still  h'ss  can  it  lui  };iv«Mi  t«»  tlu-in  if  it  consists  ot' 
AiiM'iiciin  cili/t'iis.  w  Iio,  so  tar  as  tliciicondnct  nia\  i'ali  within  tin- scope 
(il'cMsiiii.!;'  hiws  Ion;;  enacted  and  well  known  and  undcrsto(»d,  will  lie 
Ijiihle  to  censni'e. 

.TAMKS  M()M:()I:. 

\VlLr:(>X  CoNNKK,  l''s(|., 

IjOKiNhiiri/li.  S'ortli  Carol ina. 


Ill 


*  Circular  to  (1istr'< '  ttttorneifx. 


J)KrAHT>iK.\T  or  Statk, 

Stpfemlur  1,  ISl."*. 

SiK  :  Inroi'nir.iion  haviiiji"  rea<-licd  this  I  )cpai-t)'M'nt  thai  sniidry  p»'i'- 
M)iis,  citizens  and  othi'is,  within  tlic  lindts  »»l"  tlic  Slat*- ot'  Lonisian.i. 
lit' ('ii;iit;;ed  in  preparin;;'  the  means  ot  a  niiiitaiN  expedition  a;rainst  the 
.luiiiiiiidiis  of  Spain,  1  have  to  reipn'st.  in  the  name  of  tiie  I'lesideur. 
iliat  you  will  keep  yonr  ollieial  att«'ntion  awake  to  the  suhjeet.  Sncji 
loiidiict,  \  iolatinjL;'  alike  the  (inti>.>s  ot'  nentrality  and  an  express  statnte 
III  (  Hii^ress.  nu'iits  the  severest  reprehension,  and  yon  will  l»e  pleased 
im!  te  tail  to  prosi-cnte,  with  dne  vi;^ilance  and  to  tin-  t'ull  extent  ol  tiie 
iiiw,  all  persons  implicat<'(l,  against  whom  there  appears,  ur  can  he  oh- 
!;iiiii't|,  any  snlllcieut  evidence  of  <;nilt. 
I  have  the  Innior  t*)  he,  vS:c., 

.lAMKS  MONHOK. 
.loilN   DK'K,  Ks((., 

hi.sfrift  Atlornc}!  of  Ike  I'nit.  i  States  for  l.<AiiKi(riut. 

Siiiiiiar  letters  to  the  ahove  w«>re  written  to  tliu  district  attorneys  ot 
iiiot  and  West  Tennessee  and  Iventiicky.) 


n 


*Iiii  the  I'resiflnif  ol'tlir  I'nileil  Stotia  of  Aunriea. 


A    IMJOCI.AMATION. 


Wli,i('iis  information  has  been  re«'eive«l  that  snndry  persons,  citi/ens 
1^1  tlie  Tiiited  Stales,  or  residents  wit  hill  the  >aine.  an«l  espe«-ially  within 
'Ik'  Si;tte  of  Ijoiiisian  I,  are  <*onspirin;i  to;ieiher  to  lie^in  and  s«'t  on  foot, 
!"i'ovi(ic.  ;iiid  prepare  the  means  for  a  military  ex(M'ditiou  «»r  pnterpri>e 
:!!,Miiisl  the  dondnions  of  Spain,  with  \^  Inch  the  I'ldted  States  are  hap- 
I'lly  at  peace;  that,  for  this  pnrpose.  they  an-  eolhftin;.  arms,  militaiy 
^tnies,  provisions,  vessels,  and  (»ther  nn'ans.  and  d»*t.*i'ivin;i  antl  sedncin;; 
lioiicst  and  well  ineanin;;  citi/ens  to  en;4;a;re  in  their  nnlawfnl  enter 
pi'ises;  or  or;>'ain/,in;i^°,  oliiciMin;;,  and  artnin;r  tlienis<'lves  for  the  same, 
•'••iitcary  to  the  laws  in  siudi  eases  made  and  provided  :  1  have  tln'n'fort' 
'lHiii|i,'lit  lit  to  issue  this  niy  proelanmtion,  warnin;:  and  enjoining'  all 

-!)  A 


/  .i 


it; 


450 


TKKATV    Oh-    WASIIIXOTOX — PAI'KRS    AfCOMPAXYIXG 


fiiitJifnl  citi/.i'iis.  wlio  liave  1>«'<mi  h'd,  witliont  duo  kuowlcd;,^.  or  ('otisid 
ciiition,  to  i»iirtici|>at(*  in  tlie  said  iinlawlnl  ciitorprist'S,  to  uitlidiitw 
t'loni  till'  sainc  witliont  delay;  ami  <-(Mnnian<lin^'  all  imm-soiis  wliatsocvir 
cnjj^af^fi'd  or  concerned  in  tlie  same  toceasi'  all  liirtlier  pi'oceediiijis  therein. 
as  tlu'V  will  answer  the  contiary  sit  lln'ir  jH'ril.     Ami  I   lieicln ciijdin 

ami  re(|nire  all  otlicers,  civil  an<l  military,  of  the  (Jnited  Stiitcs.  ni 
f  l."»l      of  any  of  tin-  States  or  Territories,  *all  Judges,  Justices,  and  otln  i 

ottic*  is  of  the  peace,  all  militaiy  otlicers  of  the  Army  or  Navy  nt 
tile  Fnited  States,  and  otlicers  of  the  militia,  to  be  vigilant,  each  within 
his  resp«'<'tive  depavtmeiit,  and  accoi'din;;'  to  his  functions,  in  searchinM 
out  and  lMin<>in<;  to  ]»uiiislinient  all  persons  en;.:'a;;°ed  or  concerinMl  in 
such  t'liteiprises  :  in  seizin;;'  and  detaining',  sultject  to  ilie  dispositimi  nt 
the  law,  all  arms,  military  stores,  \cssels,  or  other  means  prov  idctl  m 
providing'  for  the  same:  and.  in  ^it'iieral,  in  pr«'ventiny'  the  caiiyiii^jun 
such  c\|)edition  or  i'liteijnise  l»y  all  the  lawful  means  within  their  powci  ; 
and  I  reipiir(>all  ;;oo<l  and  faithful  citi/eiis  and  others,  within  the  I'liittii 
States,  to  he  aidiii;;  and  assisting  her«'in  ;  and  especially  in  the  discdv 
cry.  apprehension,  and  Iniiij^iiiii  to  justice  «d"all  such  ofieiiders.  in  ]n{'- 
ventiii;.;'  the  execution  of  their  unlawful  comliiiiati(»ii.s  or  desi;;ii.s.  lunl 
in  ;;i\in^'  iiifortiiation  against  them  to  the  ))roper  authorities. 

In  testimony  whereof  1  have  <'aused  the  seal  of  •  he  rnited  Statcsoi 
.Viiierica  to  he  allixed  to  these  presents,  and  si;L;ned  the  same  with  my 
hand.  l>on«'  at  the  city  of  Washin;;ton,  the  1st  day  ot"  SepteiiilHT.  in 
the  year  of  our  Ltu'd  isi."),  and  of  llic  Independence  of  the  said  riiiitd 
States  ol  Anieriea  tin-  lortieth. 

JAMKS  MADUSON. 
J{y  the  I'n'SJdrnt  : 

.Iamk.S   .MoNI{()1:.  Smrtdi-i/ oJ'  Sfdii: 


I  llj     •  Cin-iilar  to  the  yorcrnois  of  Trinu'sstw,  IjouiNi((n(t,  .]fisHis.sippij  (tmi 

Missouri  Trrritorirs. 

DKI'AUTMKNT  OK  SlAli;, 

S('t>tnnl>i  r  !t.  ISl."i. 
Sii; :  It!  the  ahsem-e  of  the  Secretary  of  State  from  the  seat  of  (im- 
ernnient.  I  am  chari^ed  to  ••ansmit  to  your  e.\celleiic\ ,  as  I  have  tin- 
liiuior  of  doin;;,  the  inclosed  copy  of  a  proclaiiiati(Hi  ol"  the  I'residnit. 
referring  to  <'ertain  unlawful  preparations  which  arc^  said  to  he  mi  Iihii 
within  the  I'nited  States,  particulai  ly  in  tln^  State  of  Louisiana,  towiin! 
an  eiiterpiix-  ay;ainst  the  S|>anish  dominions,  waininy"  the  citizens  of  tlic 
I'nited  States  and  other  inhaliitants  thereof  a;j:ainst  particip;itioii  in 
them,  and  calling' upon  all  laithlul  <-it  i/>-iis  and  llie  several  aiitliiHitii^ 
of  the  country  lV»r  tiieir  aid  in  the  suppression  of  these  }u'eparati(Uisaiiil 
designs. 

DANIEL  15JM:NT. 


Pi 


CirvHlar  to  thr  tlistrirf  ottorHti/s  of  Kctttuclqi,  Tcintrssir,  f^oinsianii.  ,1/m  * 

sippi,  and  Misnouri  Ttrritorifs. 

DhI'AUTMKN'I-  Ol'  statk. 

^ieptcmhcr  l.'J,  h^l'*- 
Sip,  :  In  the  ah.sonc«'  of  the  Secretary  of  State  from  the  seat  of  (yov- 
enum'ut,  I  am  char;;ed  to  transmit  to  yon,  as  I  ha\e  the  lionor  of  doni;'. 
the  inclosed  copy  of  a  luochiiuutiou  of  the  rresident  of  tliu  L'uiUil 


IXG 


COl'NTKU    CASK    OF    JlIK    IMTKl)    .STATKS. 


451 


[('  or  coiisid. 
<>  witlidrau 

WlliltSOCVci 

n^i'stlu'rciii. 

l'P«'l>V  ('lljniii 
'<l  States.  Ill 

'S.  illltl  Otlll'l 

r  Of  Navy  ut 
ciU'li  witliiii 
ill  scaicliiim 

'OIICCI'IUmI   ill 

ispositioii  111 
pio\  idcil  Ml 

Cail'N  ill.U  nil 

tlicii'  piiwci: 
II  till'  I'llitcil 
I  tlif  tlisciiv 
tiers,  ill  \)\v- 
(U'siji'iis,  aiiil 

'S. 

('(1   States  (ii 
mil'  witli  my 

('lltcIlllHT.  Ill 

'  sai<l  L'liitnl 
lADlSOX. 


ssissijipi,  (lliil 


ATI',, 

r\K  isi:.. 

cat  ol'  <it'V- 

1  have  till' 

I'rcsidi'iii. 

lu*  on  tout 

ana.  townn! 

i/.clis  of  till' 

icipatinii  ill 

aiitliitiin'"> 

ii'atioii>aiiil 


ro 


r.KKNT. 


iltina.  MiK"' 


TATK. 

,•  i;5,  isi".. 

scat  of  (iov 
i(>r  of  <loin.u- 
the  t'liit*-''' 


States  in  nOatioii  to  a  ])r()j('('l«Ml  cMitoipiiso  iij'iiiiist  tliodomiiiioiiH  of  His 
>  atliolif  •^li'.i<'''^t,v,  with  a  view  of  pai ticularly  calliiij;'  your  attention  to 
ill,'  siilijcct  of  it,  and  of  invitiii;^'  yoitr  oHii-ial  aid,  as  far  as  it  may  be 
iii'ccssarv,  on  the  oi'ca.sioM. 

DANIKL  in{KNT. 


l."i|     *  Mr.  Did;  tlistrlct  dttornci/.,  to  ^^r.  Monvix;  Scarta)'!/  o/'  State. 

Nkw  Ohleans,  Man-It  1,  ISKI. 

Sii; :  Attt'inpts  to  violate  the  laws  by  littiii};  out  and  arming-,  and  by 
;iiii;iiH'iitiii;i'  the  force  of  xcsscls,  have  no  doubt  been  IVetpieiii  ;  Imt  cer- 
i;iiii!y  ill  no  instance  successful,  except  where  condncte(l  under  circum- 
>t;iiic('s  of  coiu'ealnieiit  that  tdnded  diseovc'''  and  almost  suspicion,  »)r 
ulicrc  carried  on  at  some  remote  part  of  the  oast  beyond  the  reach  of 
ilitcctioii  or  disco\er,\.  in  «'\ery  instance  where  it  was  known  that 
ilic.M'  illci;<i!  acts  were  atti'iiiptiii"^,  or  where  it  was  afteiwanl  discov- 
ered that  they  ha«l  been  committed,  the  ])eisoiis  eii<;ajied,  as  far  as  they 
ueie  ki't»\vn,  have  liecii  prosecuted,  while  the  vessels  fitted  out,  or  at- 
tempted to  be  titted  (tut,  have  been  seized  and  libeh-d  under  the  act  of 
ilie."ttli  of  .Jiuie,  17!>t:  and  wImmi  captures  have  been  iiuule  by  vessels 
iliiis  tittcit  out  and  ariiu'd,  or  in  which  their  forc«'  was  aiijunienti'd  <u- 
111  /eased  within  our  waters,  where  the  property  taken  was  broii;;ht 
witliiii  our  Jiirisdi<*tion,  or  i'veii  found  upon  the  hiah  seas  by  our  criiis- 
ti>aiid  ln'oiij,dit  in.  it  has  i»een  restored  to  the  orijL',i!ial  Si»aiiish  owners, 
mid  ill  some  instances  dama;;es  awarded  a;:aiiist  the  <'aptors. 
An  eiiiiiiieratioii  of  the  cases  in  which  imUviduals  have  been  ])roso- 
eiited  foi'  inlriii;.;iii;;,  or  attemptiii;n'  to  infi  iiijLic,  oni'  neutrality  in  aid 
|i)  «d  the  ,!;-overniiients  of  New  *Spaiii.  and  in  which  vessids  hav«' 
been  sei/e<l  and  libeled  under  the  act  of  the  othof.Iune,  IT'.U, 
Iii-etlier  with  a  list  of  the  vessels  :ind  property  restored  to  the  oiijiinal 
Spaiiisli  owners,  (conlininu  the  wlude  lo  the  operations  ot  the  year  com- 
iiieiieiii;f  March,  ISlo,  and  eiidiiijn  I'ebruary.  ISK;.)  will  show  more  con- 
iliisjvtdy.  perhaps,  than  aiiythin;.;('Ise  can,  hou  totally  without  foiiiida- 
I mil  are  tlie  complaints  and  how  misphu'cd  are  tli(>  assertions  of  the 
iiiiiiistei' of  Spain  on  this  head. 

The  iiaiiies  of  individuals  prosecuted  in  the  district  court  of  the  I'liited 
>tates  lor  tlie  liOiiisiaiia  distri<'l  diirin;j  the  year  ISla,  for  violatiii;;',  or 
Mtteiiiiitiiin;  to  \  inlate.  the  neiitralit\  of  the  United  States  in  aid  of  the 
:"veriiiiieiils  ot'  the  I'liited  IM'oviiKu-s  of  New  ( Iranada.  and  of  the  riiited 
''mviiiees  id'  .Mexico;  ,b»sc  Alvair.N  Toh'do,  .liilius  Ceasar  Ainipuie, 
Viiieeiit  (•aiiibie,  .lolin  IJobinson.  Ivomaiii  \'eiy.  IMerre  Lameson,  l>er- 
mii'd  I'xtiirtlen. 

hist  of  vessels  lil»(d«'d  foi  illejial  oiitlits  of  tie'  same  ;;'o\eriiments  diir- 
ii;' tile  >aiiu  pel  iod  :  \U'\<x  l'''lora  Americana,  restored  ;  scluKUU'r  Presi- 
'li'iite.  eoiitleiuiied  ;  .schooner  I'e';it  ^Selan.  condemned  ;  schooner  (leii- 
'liil   bnlivar,   discontinued;    sclnxuier    l"ai;;t'nen.    alias    Indiana,    eoii- 

•  leiiiiicd  ;  sch(M»iier  Twt)  lirotlu'is.  i'est<)red. 
I'l       *  I'iiiuiiieratioii    of  vessels    and    property   brou;;lit    within    tlu^ 
boiiisiaiia  distri<'t.  c;n»tui rd  under  the  Hays  and  by  the  iuithority  of 
;<i\i'riiiiieiits  of  Mew  tiieiiad.i  and  ot"  Mexi<'o,  libeled  on  tiie  part  of 
I'l'iifiiiial  Spiinisli  owiieis,  and  ri'stored  u|>on  the  j;round  that  theeaji- 
miiifr  vessels  had  been   litted  out    and   armed,  oi  had  tlieir   force  suij;;- 
ii'iited  \Mtliiii  the  waters  of  the  I'liiti'd  Slates: 
i.  'N  lnHnier  (Joineta,  restored  April,  1S1.>. 


il 


rf<^ 


4:)2 


TKKATY    OF    WASHIX(;TOX — PAPKRS    ArrOMPAXYINc; 


l:f 


I    IP 

11  fh 


PI: 


f 

i ; 


:  t  .- 


m. 


n 


1 


L'.  SrliooiHT  Donulii,  pnu'ccds  restored  10th  May,  1815,  $;j,Or)0. 
.{.  Scliooiu'V  Amiable  Maria,  .'?.'{,S."»(>. 

4.  ScliooiM'i'  Kx|)«'riiiu'iif(),  rcstort'd  .'{(1  Aii<;nst. 

5.  Tilt'  pohn'ir  liriji  Dt*  Kc^la  and  carj;:*),  proceeds  restored  jsth  i),.. 
eeiiiber.  ISI  j,  s|!>.LMU>.:»(>. 

(!.  Schooner  Ah'ita  and  c;irf;o,  heiny  the  |»ro<'«'eds  of  tlie  ciiptniv  m 
alioiit  ci;;hte»'n  small  vessels,  restored  ISth   Decemliei',  iSl."),  "^(iLMrdMi:, 

I >iima;^«'s  awarded  to  the  orij^inal  owners  ii>;ainst  the  <;apt(us  in  tli,. 
two  loreyoinj;-  i-ases,  >i.V»,l'7l'.1K(. 

7.  Car^iool'  the  st-hoonei-  Petit  Melan,  restored  1st  l"Vl»riiarv,  IMi; 
jiiMlt.;?]. 

s,  Tai'^i'o  of  the  schooner   rresident*',   restoi'cd    Isl    l'\'l»riiarv.  iSlii, 

^i(»,j».w.ir». 

1>,  Scho(»n«'r  Santo  Ivitor  and  car;;(»,  restored  1st  Fehrnarv,  isiii 
*;{T,lMJi'.!lt. 

Tlu' pi'ccedin^^acconnt  of  Spanish  pioperty  restored  to  tlie  oil;-! 
flS]  nal  pi'oprielors,  altei*  lieinjf  in  the  possessi«>n  *of  the  enemies ni 
Spain,  is  defeetiNc.  inasmneh  as  it  «loes  not  compr«'hend  I  lie  wlmlr 
of  the  cases  oi'  rest«tration  that  liavc  tak«'n  place  witliin  the  pciind  tn 
which  the  (h'tail  is  conlined.  The  very  hasty  manner  in  which  I  Inivr 
niad«'  this  conimnnication  did  n(»t  admit  of  a  more  accurate  statciiitiii. 
The  principal  cases,  however,  are  included  in  it. 

In  sevcial  other  <'as»'s  wlieic  the  property  was  clainu'd  for  the  orii:i 
nal  Siianish  owners,  the  claims  were  dismissed,  because  it  did  not  iip 
]iear  that  any  violation  of  (uir  neutrality  had  titken  place.  The  cnptiii 
in;:  \«'ssels  were  not  armed,  nor  was  their  lorce  anj^inentcd  witiiiii  dii! 
jniisdiction,  nor  had  the  captures  been  made  Avithin  a  inarim'  lcii;:ii)' n; 
our  shoi-c.  The  principles  that  yiiided  the  decisions  «>f  the  comr.ih 
well  in  rest(uin;i'  the  property  captured  whei-e  our  neutral  mciuis  lunl 
been  iisetl,  as  in  (leclinin;;'  all  interfen'neo  wiu're  that  was  not  tlic  (;iisc, 
manifest,  I  tiiiidx,  a  disposition  to,  and  an  exercise  of,  the  most  ri;:iil 
neutrality  iM'tween  the  pai'ties. 

If  the  whoh' ol"  this  letter  is  not  an  act  of  sui»erero;;ation,  toducll 
lon^icr  upon  those  parts  of  the  coi'respondcnce  of  the  Chevalier  dc  Oiii'- 
whii'li  lelate  to  Louisiana  would  at  least  be  .so  considered. 
I  have  the  honoi'  to  be,  «.S:c., 

JOHN  DM'K. 

Hon.  .Iamks  MoNRoi',. 


[1!>J      *.l/*-.  Minitoc,  Strrctayy  of  State,  to  Mr.  Divk,  ilixtrict  (iHorncii. 

DEPAKTMKNT  Ol"  Statk, 

Jiiiir  7,  isni. 

Snf  :  I  have  tin'  honor  to  acknowled^ic  the  receipt  of  .\our  \ci\  iiittr 
estin^i  lettei' (»f  the  1st  o['  .Marrli.  Although  I  \sassatisllcd  llic  rt'|in' 
.sentations  made  to  the  l'lie\alier  tie  ()ni.>.  on  wiiich  Ik'  foundnl  iiiscoiii 
juunications  (o  me,  were  yii-atly  exa;:;;er5«tiMl  oi  e.itirely  ;;rtnuHllr>^ 
yet  I  am  paiticulaily  ;;ralitWtl  in  lia\  in;;  received  t)»i<  letter,  i>c(;nisi' i; 
abiimlantly  establisiies  tl;«'  tact  that  a!l  tiie  cons;  .uted  autlnirili<"< 'H 
New  Orleans  had  done  ad  tir-.it  the  lav^  re«pii  -^i  nt  their  liantls. 
I  have  the  hon<»r  to  1h',  &c., 

JAMliS  M()NU<»i;. 
Joitx  DiCK,  Ks«||., 

AVwr  Orlcaus,  Lonininna. 


COl'XTKK    CASK    OF    THK    IXITKI)    STATES. 


453 


Ik'  rji|i{niv(.i 
;apt»»is  ill  till' 


Mr.  McCiiUoch,  rollirtor,  to  SaHhuj  Mnntir  Dnrseii,  Unitvil  Stat<'s  Xart/. 

CusToM-llorsK,  r.Ai/rnioK'H, 

Collrctor's  Offiir,  .hnie  L'.l.  1S1(». 

Sir:  In  onnsccinonco  of  insfriictions  iMMvtofoic  yivcii  from  th<' 
j(i|     I)('i)aitm('iit  *of  \\'ar  ami  tin*  NaAy,  I  liavr  cuIUmI  on  ilic  military 

iiixl  naval  rommantit-rs  at  this  station  to  fmnisli  w  siifliciciit  fortM' 
to  snppn'sx  an  ilicji'al  cntfiiMisc,  partly  i'ntcn'd  n)>on  alicady,  ami  now 
nrcpariii;;'  to  Im'  rtMU'wrd  with  iiicrcastMl  lorccs.  Tlu^  laws  aic  violat«'<l 
iiiiil  the  pt'acc  of  tlio  I'nitotl  Statt's  ha/ardrd  hy  snt'li  actions,  wlictluT 
tliosc  coiicniu'd  are  aware  of  tlicii-  nature  and  ('onscipu'nees  or  not. 

Tlic  ni()st  of  the  ]K'rsons  «'n;i;ajm'd  in  the  ])r('S('ni  instance  are  persons 
iiiiiiiloniied  in  tlu'se  respects,  and  certain  instani^es  of  injni'y  done  to 
iiiir  seamen  and  others  have,  perhaps,  «'\erted  a  i«'sentment  which  Jus- 
titit's  itself  with  them  ;  Init  the  depredations  «'ominitled,  or  intend»'<i  to 
lit'i-oiiiiiiitted,  ar(  eipially  dishonorable  and  nnlawfnl,  until  authorized 
li\  the  (loNi'ininent  as  Just  retaliation.  Von  will  receive  herewith  the 
hiwsefthe  I'nited  States  which  n'late  tothiscast^;  also  the  instriic- 
tioiis  of  the  owner  of  this  ve,-- <;el,  a  citizen  of  the  United  States,  as  he 
liiitli  swore,  direct iii'j;'  this  unlawful  proceediii;;'.     You  will  ;^(»  as  speedily 

as  possii)le  with  the  vessel  yim  c(Mnman«l,  placed  at   my  rerpiisi- 
I'lj     ti(»n  *oy<'ai)tain  Speiice  toi'  this  purpose,  to  l-^ist  K'iver,  in  Mock 

.lack  Hay,  or  to  any  other  place  where  yon  may  leai'ii  that  this 
vessel  lays,  and  take  possession  of  and  Ininj;'  her  to  this  imu'I,  with  all 
I'tVi'cts,  money,  i;(>ods,  and  merehandist^  found  on  board,  or  any  other 
vessel  acliii!;,'  or  used  as  a  cons(Hl  stoieship  or  receivinji"  vessel,  unless 
•.lie  is  found  to  be  already  in  tlu'  hands  of  the  (lovernmeiil  l>y  any  of 
iMilliccrs,  when  you  will  please  to  allbrd  any  assistance  in  Ncuir  power 
to  secure  ami  defend  her  thus,  (U-  to  transport  her  to  a  place  ol'  safety. 
I  wish  you.  sir.  a  pleasant  time  and  s|iee<ly  return,  with  the  satisfaction 
(i|  liaviiiu  pi'omptly  perfoiined  a  duty  to  justice  and  to  your  country. 


1  remain,  in  hasti',  respectluUy, 

r>ISCv»    l>()KSHV,  Hsip, 

/;/  Cinnimtnil  Cniteil  States  ScliDoncr  A 


,].  Ji.  M(('i;ll()("ii. 


.sp. 


'  <iitorn(ii. 


i-'-j       *  Mr.  (jlriin,  ^listrict  attorney^  to  Mr.  McCuUoch,  collect  ir. 

r.Ai/rcMoin;,  'hmc  L*!».  Isic. 

DeauSii;:  T  return  you  the  ])ai»ers  relali\(' to  the  sclitKtiier  iJomp. 
"liieli  Were  ycNterday  handed  to  me.  and  Im-i^-  leave  to  state  that  if  any 
pioof  can  be  obtained  j^oiuji'  to  show  that  any  pers.ms  in  the  <listrict  of 
Marvl;iiHl  lia\t' l»cen  conci'iiKMl  in  littiiii;  out  tlie  said  schoimcr.  of  fiir- 
iiisliiiij;  hci-  with  any  materials  necessary  for  ihe  ciiiise  fumi  wiiieh  slie 
lias  liitciy  returned,  with  a  knowled<>-c  of  her  destination,  or  with  a 
kliiiwlctluc  of  the  piiipose  Ibi'  which  she  was  litte<l  out.,  I  shall  feel 
;;i''at  pleasure  in  laying'  the  proof  befor<'  the  ui  iiid  jury  at  the  ncvt 
sessidii  of  the  circuit  court.  In  the  mean  time,  if  t«'stimony  can  lu-  had. 
:i  "ariant  may  be  immediately  issued,  ant',  the  parly  char.ncd  airestcd. 
ami  made  to  enter  into  a  reco<ini/,aiiee  for  his  appearance  at  the  com  t. 
1  tiiid  the  vessel  has  been  seized  in  \'iri;inia,  and  a  [»arl  of  the  crew  ui- 


454 


TUEATY    OF    WASIIINOTON — I'AI'KKS    AC(OMI'ANVI.\(i 


n'stcd.     I'crliijps  ill  tlu'  pro^iirss  of  tlu»  invcsti^iation  tlirro  soiiittliini 
may  1>«'  iliscloscd  wliicli  may  lca«l  t«  a  proscculioii  \u-iv. 
I  am,  very  n'S|M'ctriilly,  your  olxMliciit  siTvant, 


Jas.  H.  .M('(Jullo('II,  Es<(.,  lUdtimorc. 


KMAS  (ILKNN. 


•i 


Ml'.  Monroe,  Secretari/  of  >V^</(',  to  Mr.  McCiiUocli,  volUctor. 

Dki'autment  of  Staik, 

Jiilii  l!»,  ISKI. 

2.">J  *Snj :  The  miiiisfcr  of  Spain  hasst^itrd  to  this  Dcpartiiicnt  tliiit 

the  vessels  of  w  liicii  a  memoiaiMliim  is  iiielosed  liave  been  littcil 
nut  and  armed  in  ilie  port  of  lialtimore,  liy  a  <-ompaiiy  of  iiicicliiints 
residinji'  in  (lie  difVeii'iit  ports  of  tlie  I'nited  Statt's.  and  tliat  these  vcs 
,s«'ls  are  to  <'iiiise  olV  tlie  port  ol  Cadiz,  under  tiie  liain'  of  llnemts  Ayivs. 
tor  tlu' purpose  of  <'apturin<;-.tlie  vessels  l>eIoii;;inin-  to  the  siilijeets  (if  His 
(.'atholie  Majesty,  As  it  is  e(pially  contrary  to  our  own  laws,  and  tlic 
paeitie  relations  hetweeii  tliis  t'ountry  and  Spain,  that  any  such  aniui;;v- 
ment  shonhl  taki*  phie<'  in  onr  ports,  I  i>ersna(h'  myself  that  tlie  icp 
resentations  made  to  the  Spanish  minister  are  nnfoiimh'd.  It  is  ikmcs 
sary,  however,  that  an  inquiry  should  he  made  into  the  facts  eoniiccMil 
with  the  equipment  and  de]>arture  of  thesi'  vessels,  if  any  such  hiivc 
recently  departed  from  the  port  of  I'.altinioi'e.  I  have,  t lu'refeic,  \u 
recpiest  that  you  will  (raiisniitto  this  Department,  at  as  early  a  pcridil 
as  circumstances  will  permit,  all  the  information  which  the  recuids  <ii 
.Noiir  oHice  will  alVord  in  r«'latioii  to  each  of  the  vessels.  If  there  iiiv 
any  ()ther  facts  within  your  knowled;^!'  calculated  to  prove  «)r  disprove 
the  alh'^jatioiis  (»f  the  Spanish  minister,  you  will  oUli;;e  me  l>y  coniinii 
nicatin<4'  them  in  such  way  as  you  may  deem  proper.  I  am  siitislicd 
that  no  violation  of  our  laws  has  been  permitted  by  you,  but  as  i;  i> 
possilile  that  these  vessels  may  have  enlarjii'd  their  <'rews,  or  fiiriiislKMJ 
tlu'iiiselves  with  arms  alter  they  have  .yoneoiit  of  your  distiict.  1 
[2l\  should  bi'  ylad  *to  know  it,  if  the  fai-t  is  so,  as  in  that  <'ase  addi 
ti(Ui..l  pi«  ••autioiiary  measures  may  be  deemed  lu'cessary  hy  tln' 
rresideiit  topvevcnl  like  occurrences  in  tiituve.  it  is  essiMitiiil  tn  tin' 
reputation  of  our  country,  as  widl  as  to  its  policy,  that,  so  loiijn  as 
juofess  to  lie  neulial  ill  the  colli  ro\  el  sy  bet  weeii  Spain  and  her  cnleiiii' 
all  proper  measures  should  br  taken  elVectually  to  presciNC  niir  iic 
tralitv. 

•TAMES  MOXKOi:. 


we 


II- 


Mr.  McCiiIlocIi,  colhrtor,  to  Mr.  Monroe,  Seeretorif  of  tStatc. 

C'l  STOM  H(»i  SK,  Uaf.timouf, 

i'ollettor's  ({(tire,  Juli/  'S.\,  ISIO. 

SiU  :  I  should  !ia\e  aunwi'ivd  your  h'tter  of  the  I'Jth  instant  \est<'r 
day,  when  recidvcd,  but  an  intlux  of  busines.s  haviiiy  occurred  at  the 
moment,  it  wasbmicd  iuadveKeiHly  under  accumuhded  papers  not  iciid 
by  nie  befor*'  this  inorniny. 

With  respect  to  one  of  the  vessels  mentioned  in  the  list,  as  stated 
by  the  Spanish  minis!.  ,.  to  have  ln'cn  ilh'^ially  armed  here,  there  e\i?<l^ 
some  reason  foi  complaint.  The  rest  arc  all  riunurs,  or  suggestions,  el 
apprehension  without  reality. 


COIXTKR   CASK    OF    TMK    I'MTKn    STATKS. 


. ).) 


Tlu'  scliooiKT  Koinp  Wiis  pmcliascdln'ir  on  tin*  1  ttli  of  >rar('li,aiMl  oti 
till'  IStli  ot"  Apiil  liist,  l».v  l»ills  of  sal<'  *A'  tliosc  (lal<'s  from  the  owiicis 
st'|»arat('Iy  as  appears.     SIk    »v;is  cleared  on  the   lOtli  ol"  April.  uikUt 

temiiorar.v  register,  as  owned   by  Thomas  Taylor,  who  made  the 
jril     iisnal  oath  of  his  heiiij;  a  eitizen  of  \Vilmiiij«ton.  Delaware,  for*a 

v<»yaj,fe  to  linenos  Ayres,  and  no  cause  of  siispieion  appealed  nor 
wMsaiiy  armament  known  to  be  added  to  her  at  this  port.  On  theL'lth 
iiltiiiiii.  the  eollectoi'  of  Havre  de  (Iraee  v;\\uo  |>nrposely  from  that  pla^-e 
titcxIiilMt  certain  pa|M>rs  accidentally  thrown  into  his  liands,  which  dis- 
(•((vcrcd  that  the  destination  of  this  vi'ssel  had  been  altered,  and  her 
cliariK'ter  chanijcd  after  herde)>artnre  fiom  I>altimor«';  that  foreij;ii  colors 
liad  lit'cn  hoistetl  and  depredations  committed  upon  Spaiiisli  vessels  by 
lit r  (Miiamantler  and  crew;  and  that  the  crew  had  mutinied,  displaced 
tli('Cii|»tain,  and  sent  him  with  «>theis  on  board  vessels  tlieyhad  spoken. 
Tlic  schooner  was  then  brou;;ht  back  to  the  < 'hesapeake,  and  the  crew 
al)aii(l(incd  her  and  separated,  havin;;'  lirst  divided  the  property  found 
(111  luiard.  Immediate  measuics  were  taken  to  procure  a  vessel,  and  to 
xi/.c  the  schooner  wherever  she  could  be  found,  and  as  we  wj're  entirely 
(Itstitatc  of  any  force  here  thatcould  be  commanded  by  theonicers  of  the 
nistoiiis.  application  was  made  to  the  commander  on  the  navnl  station 
licit' for  an  armed  v«'ssel  that  mi;^ht  be  dispatched  on  the  business,  lie 
was  absent  in  the  country,  ami  no  answer  was  received  until  the  next 
(lay.  In  the  interim,  the  otlicci-  who  hail  chai'.ueof  the  navy  yard  applied 
liiiiisi'lf  to  pi'cpai't^  the  rnited  States  schooner  Asp.  which  was  heir 
as  a  r('C('ivin;i-vessi>l,  with  a  very  few  men,  and  wiiolly  disanncd.  and 

Ity  the  cxertiiuisof  sailing  master  Dorsey,  the  vessel  tocdc  in  stor«'s 
L'llj     ami  j^nns  during'   the  nij^ht  and  wat>  ready  as  soon  *as  the  «uder 

came  from  Captain  Speiice  It)  proceed  next  day.     I   h  id  also  ap- 
plied to  Colonel  Armistiad  for  a  detachment  of  tioops  to  slrenj^tln  n  the 
<\|ii'(litioii.  which  was  readily  granted   nndei-  a  commissioned  (•llicer 
and  tlie   Asp  sailed   immediately  with    insinietitins  from  this  olliec  t 


o 


M'izc  and  briujLi  to  this  poi't  for  examination  the  schoonci-  iJomp.  a 
any  vessels  found  carryinj;' men,  stores,  (S:e.,  (U-  appearing;  as  attacdied  t 
Mild  ciiiisorteil  with  her,  unless  found  to  be  already  in  the  hands  (»|'(  lov- 
"'iiiiiiciii,  in  whi(di  case  they  would  alVord  evi'ry  assistam-e  to  seciiie. 
di'lciid,  and  ti'ansport  her  to  a  place  of  safety.  This  was  «|oiie  under  an 
a|i|tit'lieiisioii  that  a  number  of  men  had  been  eiinau  d  to  replace  her 
Idniicr  crew,  c^c.  i'.efore  the  Asp  could  arrive,  the  Komp  had  been 
M'l/.cd  Itythe  collector  of  York,  ami  thus  it  appears  that  three  ollieers  of 
tlic  I'liitcd  States,  from  dilfereiit  situations,  have  e\eiled  themseives  to 
siipiiress  the  atti'inpt  upon  the  first  information,  as  a  violatiiui  oi'  the 
laws  and  in  (tpposition  to  the  will  of  (Joxcrnmciil. 

The  schooner  Terry  is  unknown  tons,  unless  a  vessel  behm^iiii';  to  the 
•  astwiird  is  intend«'d,  which  entered  and  <deared  here  coastwise,  beiuya 
liii'iiscd  Vessel  formerly.  (Cpoii  seartdi  inaile  in  our  papers  no  such  ves- 
-I'l  appears  for  a  loiiji"  tiniii  to  have  Iteen  here.  tliou;^li  when  writing  the 
lirst  lilies  I  thought  I  had  a  re(;ol lection  of  her,  but  it  must  have  been 
iroiii  reports  of  other  places,  and,  as  conjectureo  above,  to  the  east- 
ward.) 
i-T]  •The  Orb,  Almida,  captain,  cleared  from  this  ])ort  tor  Havana, 
on  the  l(»th  May  last,  and  we  have  no  knowledtce  ol  anything 
■iiiiiss  ill  her  case.  Ca|»tain  Almida  had  been  taken  and  imprisoned  at 
''aitlia;,feiia,  where  he  lost  his  vessel  and  siilVered  otherwise  in  a  manner 
^vliiili,  as  r  am  told  to  day,  had  drawn  from  him  som<' threateniiiii cx- 
pitssioiis  since  his  return,  but  which  seem  to  be  nunc  detdarat  iveol  fe«'l- 
'"g  than  intention. 


*»»■' 


4r)0 


TKKATV    OF    WASIIINOTOX PAI'KKS    AC('OMP.\NVlN(; 


\  i 


I 


'i 


\^. 


The  Coiiu't  and  Cluissenr  liavo  hofh  Ium'Ii  sohl  nt  the  Ilavaiiii,  wliciv 
tlu'.v  liatl  <;ono  on  trailiny-voyayt's  an«l  w«'r»',  as  wc  untleistand,  lioii^-iit 
lor  tlu'  pnii>o!S(^  of  attacking;  tlio  vt'ss«'l>s  cniisinj;  ayainst  tlir  SpiiiiiaKls 
in  that  qnaitiM'. 

Tliiis,  sir,  of  tli(^  live  vessels  .statod  to  bo  titti'U  hore  for  Imstiliiy 
ayainst  S|>ain,on»'  appeals  ncvt'r  to  liavr  l)«'i'n  lu'iv  ;  one  is  yt't  iinciiar^fcil 
Nvitii  any  oll«'ns»',  and  pcrliaps  n«ivi'r  will  ln\  under  tlu'  present  owner; 
one  lias  lie<'n  sei/ed,  and  every  nu'asnre  taken  to  vindieate  llic  jus 
tieeof  tlu'  country,  and  two  have  been  sohl  to  tho  very  goveiniiiciii 
vhieli  eoni]>lains  of  them  in  antieipation. 

I  am,  sir,  witii  greiit  respect,  vour  ol)edieiit  servant, 

J.  II.  .Mcculloch. 

.Ias.  MoMtOK,  Hsip 


^f^•.  Mumoc,  Sfcretari/  of  kSlatc,  to  (listrirt  aftonwi/Jhr  yinjinln. 

J)i:i'AUTMKNT  or  Stati;, 

f/«///  l'(),  l^iti. 

[l-'S]  *S!U:  Voiirletterof  the  11th  of  this  month  rehitive  t(»  theciiscni 

the  Jiomp  lias  been  received.  The  Attoineydeiieiid  thiiilvs  tlm! 
it  would  be  a  proper  step  to  set  on  foot  a  prosecution  against  fiioiiiiis 
Taylor,  without  delay,  who,  there  is  reason  to  think,  may  now  he  ruiiiiil 
within  the  district  of  .Maryland.  To  this  elfect,  you  will  be  plcMstd  t,i 
liansmit  under  «rover  to  this  Department,  as  soon  as  you  convtMiiciiily 
can,  all  the  papers  and  documents  in  your  |)ossession,  or  witiiiii  yniii 
reach,  which  bear  upon  his  ^nilt.  iShoiiId  the  att<'inpt  to  iuicst  liim 
succeed,  you  will  be  duly  informeil  of  the  time  of  his  trial,  when  it  mii\ 
bcj'ome  iM'cessary  to  have  the  witnesses  also  orden'il  on  to  the  \>\-mx 
where  it  will  be  held.  The  proofs  which  you  may  forward  will  he  it 
]»laced  at  the  proi)er  s«>ason  in  your  hands,  so  as  to  subserve  the  piii'iuiso 
of  trial  in  both  districts.  It  is  thou<>ht  desirabh>  tlu;  one  a^iiiii>t 
Thomas  Taylor  should,  if  practicable,  be  broujjiht  in  tirst. 
\  have  the  lioiior  to  be,  «S:e., 

JAMKS  MONKOK. 


%.\^ 


I  fnvloxed  rvmarUs  of  the  Attorneii-ih'm'ral  in  the  rase  of  the  liouij).] 

I  think  it  W(Uihl  be  by  all  means  proper  to  order  a  prosecution  a,u;iiii>i 

Ta,\lor.     It  is  ••lear  that  this  may  be  done  in  pursuance  of  the  ci;;litli 

.section  of  the  act  of  (.'oii;;ress  of  April.'UJ,  17!»0,  (vol.  i.  p.  l(ll>,)  wliicli 

allows  th(^  trial   in  cases   like  the  present    to  br   either   in  llic 

[29]      *district  where  tlui  olb'iider  may    lirst   be  broii^^ht,  or   in  tliat 

wlier*'   he  may  be  apprehended. 

I  am  alsodisposed  to  think  that  it  would  be  a  judiciiuis  measure  lo  tn 
Taylor  lirst,  provide(|  it  can  be  done  without  too  much  delay  to  ilit'liial  of 
the  offenders  already  under  bail  or  in  ciislou.v  in  \'ir;.{iiiia.  To  tiiisclVtct 
the  district  attorney  ol'  Delaware  should  In;  written  t(»,  and  if  the  cirtiiit 
court  there  will  meet  as  soon  as,  or  at  no  distant  day  alter,  tlic  liiii" 
lixed  for  the  meeting-  of  that  in  \'ir;iinia,  it  would  be  well  to  order  tin' 
evidence;  deposited  in  N'iryinia  to  be  transmitted  to  the  DepMitniciit. 
that  it  may  be  sent  on  to  Delaware.  It  wtuild  be  pnuh'iit  to  asnitaiii 
in  the  lirst  iiistaiuie  from  the  attorney  of  the  latter  place  if  Taylor  i> 
ri^ally  to  be  tbund  there. 

Ill  any  event  it  will  be  proper  that  the  collector  of  Havre  de  di ate 


COLNTKU   CASK    OF    TlIK    IMTEIJ    STATES. 


4.07 


slionld  be  writtni  sun!  dirt'ctiMl  to  pn'seivr.  as  iiitimatcil  by  INIr.  Wirt, 
the  dociiiiu'iits  tliiit  liav«;  tallcii  into  his  hands,  so  as  to  he  al>U'  to  obey 
iisiiiiiiiioiis  tVoin  whatcvt'i'  <iiiart«'i-  to  attctnl  roiirl  at  a  till  lire  ilay.  Th<) 
;illi>;;(>(l  ilU'}4°al  voya;;!'  iiaviii;;  iiati  its  iiM-«>)>tion  at  l>altiiMor<',  I  think  it. 
also  i»r()|K'i' that  th(^  llnitrd  Statos  attornry  in  tliat  «'ity  shoiihl  bo  in- 
stnutcd  U)  institiit*^  «'v«'iy  |>rartii*abh'  iiKjiiiry  on  liis  part  with  a  view 
totlit' «l«'b'('tioii  of  tlu'  olb'mlcrs. 

Ill  r(';4'ar(i  to  the  instructions  to  bi>  sent  out  to  Mr.  Mitchell,  thu 
';{(il      i'rcsidciit's  intiination  scums  .siiUicicntlv  •explicit. 

jiicnAifi)  ursii. 

Wasiilnmj TON,  July  '21),  l.SH». 


loll  ii,u;illi>l 
I  lie  ciuhlli 
l(l(»,)  whicli 
iicr  ill  llic 
or   ill  tliiii 


Mt:  Moiu'oc,  Scrretufy  <>/  tShdc^  to  Mr.  Wirt,  ilisfrict  (illnnnjf. 

Dkpaktmknt  ok  Sta n;, 

Ainjiist  'J.  ISKI. 

Sik:  Voiir  lctf«'r  oI"  llic  .'{(Mil  of  last  inontii  lias  in'cn  received,  with  all 
tlic  ii('coiiipaiiyiii;L;°  papeis.  It  a|ipears  tliat  you  have  sent  all  witiiin 
voiir  reach,  or  control,  but  it  is  t'eared  that  unless  the  ori;;inals  can  bei 
inncurcd,  obstacles  will  be  tliiown  in  the  wa\  ot  the  prosecution  a;4ainst 
Tiivlor.  at  italtiinore.  it  is  still  deemed  most  advisable  that  thedovern- 
iiiciit  should  direct  proceedin^is  a;;aiiist  him  lirst,  l»eiii^'  as  tar  as  is  yet 
kiiDWii  the  principal  oit'eiider.  'I'o  this  end  it  is  imagined  that  the 
iiii^iiiiil  e.xaiiiinalioiis,  subscribed  by  the  witnesses  and  attested  by  tho 
iiiii;;istrate,  must  be  lorward«'d,  and  if  these  cannot  be  reiiiovi'd  iVoin  tin; 
lilcs  of  (he  clerk's  ollice,  where  it  is  probable  they  may  lie.  the  attorney 
(it'tlic  (lovernmeiit  at  llaltiinore,  it  is  appij-heiided,  may  expt'rience  em- 
liariiissiiieiits,  iinh-ss  tin*  witnesses  themselves  are  made  to  app«'ar  in 
iMTsoii.  The  oriiiinal  cnsloiu  house  papers  may  be  «lis|»eiised  with,  as 
tli('(()lle(;tor  at  lialtiinore could  supply  any  det'ci^t  that  mi^^lit  be  alle<^-ed 
ill  their  autli<'ntilicali(m,  but  the  letter  of  instructions  from  Taylor  of  tho 
llth  of  April,  IS  Hi,  is  an  important  document,  the  original  of 
[.'51 1  which,  it  is  thoujuiit,  it  W(udd  be  very  dt'sirable  to  have,  if  its  •trans- 
mission be  luaetieable.  The  pajiers  that  yon  sent  are  at  any 
riitc.  lor  the  present,  returned,  with  a  request  that  you  will  have;  thei 
;:ii(Mliiess  to  act  upon  the  sujigi'stion  of  this  letter,  so  far  as  you  may 
liml  it  within  your  power. 

It' the  original  <'\aminat  ions  are  not  forwarded,  ]>eilia])sif  tho  inclosed 
I'Diild  he  made  to  tak«>  the  shape  of  an  exeuiplilication.  under  seal,  they 
iiiijilii  the  better  serve  tin*  purp(»se  of  incipient  sti'psat  JJaltiinore. 


I  have  the  honor  to  be,  »S;c 


.lAMHS  MONKOK 


Mr.  MvCiillocli,  collector,  to  Ci(pta!n  Spcnrc,  UnHvil  Stati's  Xtiri/. 

CisTo^i  IbasK.  I'.ai/iimoim:, 

('f>lln-tor'.s   ({(Jirr,  Ainjiisl  W),  lsl{\. 

1^1  K  :  Information  has  Just  been  <;iven  me,  by  the  consul  of  Spain  at 
tills  port,  that  a  Spanish  vessel,  captured  in  the  West  Indies  by  an 
Aiiicriciin  <'iti/,en,  as  is  supposed,  au*'  under  South  iViin'rican  cohus,  has 
Ix't'ii  sent  into  our  waters  as  a  pi..  ,  and  that  measures  are  taken  to 
.'*oii(l  down  vessels  from  this  port  to  take  out  tlie  cargo,  equally  against 


P' 


1 


458 


TREATY    OF    WASMIXlJ T()\ PAI'KUS    ACro.MI'AXYINCJ 


till*  rivil  ami  rin'oiiiio  laws,  A  iHM-rssity  tIn*n»fon' arises  fo  roipn'st  your 
aid  and  cd  (>|M'i-ati(iii  h.v  lui'iiisliiii;j:niM'  ot  the  vcssfls  of  tlic  C^iiitcd  States, 
siiDiricntl.v  armed  and  maiim-d.  to  itrorccd  to  tlif  river  I'alnxent,  wImmi- 
the  vessel  al)ove  metdioned  is  stated  to  Ue  at  prevnt,  tor  the  |tin|n>.st'  ol 
Hei/ln;;  and  eontluctiiifjc  hertt)  tins  port,  tiiat  justii-e  may  in'  doMfiiccunl 
in;;  to  the  hiws  mil  th(>  ei|nitalile  intenti<Mis  of  the  (roverntneul  of  tht- 

United  Siites. 
[.'il-'l  •I'iXpedition  l»ein;jr  necessary,  aHow  me  to  re(|nest  your  onlcrs 

in  tin*  ease  as  promptly  as  possible. 
I  am,  sir,  yonrs, 

.1.  II.  MrCrhUxn. 
Captain  Spknch, 

I'nifal  Sfdtt'H  Xavi/. 


Mr.  MvCuUiH'h^  eoUwUtr,  tn  Cupiain  White. 

CisToM  Hot  SK.  Ualtimoim:, 

Colltrtur's  (J(lir(\  Atn/tt.'it  LM»,  ISK). 
Sill:  Von  will  please  to  proceed  as  «'\peditionsly  as  possihle  with  tlic 
l'nit«'d  Slates  <Mittei'  Active  nndei- _\oiir  j'ommand  totheri\er  I'atiixciit. 
iM'ar  the  month  of  whi«-li  it  is  sanlthata  vessel  captured  from  a  Spiniisli 
sidiject,  indawfnily,  is  at  anchor  as  a  prize,  and  tVom  wlii<'h  jl^dimIs  iiiv 
apprehended  to  he  taken  ont  with  a  view  ol  introtlncin^  them  inl(»  tlit- 
I  'nited  Slates.  If  yon  lintl  tin*  vessjd  seize  her  and  lain;;'  her  np  tn  this 
port  for  leyal  examination,  and  at  the  same  time  observe  if  yon  meet 
with  any  ;;oods  taken  ont  id'  her.  If  \ou  <liscovei',  npon  ;;'ood  inl'niiiia 
titm.  that  any  ytiods  not  having  been  re-jnlarly  entered  aitcordin;;  to  law 
ai'c  lod-icd  at  any  dwelliiin-housc,  barn. or  store,  it  is  la'cessmy  Ihiif  vmi 
make  oath  iielbre  a  manistrale  ami  ol)tain  a  seandi-warrant,  wliicii  can 
only  be  execnted  in  tlie  day-time.  Yon  may  seize  vessels  in  yonr  way 
and  cxiimine  their  ladin;;,  ^ivin.u' as  littl<'  trouble  as  possil)le.  If  they 
are  from  a  !orci,u'n  port,  demaml  their  manilest  and  inihnse  it  a^i-ecalile 
t«»  example  /^iveii  yon.  lint  as  yon  an'  sent  on  a  special  business,  step 
nowhere  ^ioiiii;-   down,  ami   as  little  as  may  be  comin;^'    l»ack,  .is  yen 

are  m)t  titled  for  a  ci'nise,  and  will  l»e  at  consideraltle  expense. 
|.'i.'{|      •lie  very  cantions  and  steady,  as  well  as  vigilant  ami  active: 

bcin;.;'  new  in  yonr  ollice  mncli  prndetn-e  is  re(piir«'d,  and  1  h(»pc  it 
will  appear  in  the  tesiinnniy  Ihiit  all  shall  render  with  whom  yon  trcai 
in  any  manner.  Ili>  (;onrteons.  lint  lirm;  cool,  bnt  determined;  and 
mn»'h  smtcess  atteml  this  and  all  yonr  attempts. 

.1.  II.  MoCULLOCH. 
Stki'1[i:n  White. 


Mr.  Chacon,  Simnish  coimul,  to  Mr.  MvCullovh,  collector. 

CoNsii.ATK  OF  Spain, 

Jiiiltintnn.,  Aw//M."<f  LMI,  ISKI. 
Sir:  1  had  the  satisfaction  of  receiving  yonr  letter  of  the  L'.ld  instant, 
in  answer  t<»  ndn<i  of  the  same  day.  I  am  very  nuieh  (d)li^"e«l  to  yon  lor 
the  measnres  yon  h..  \\  the  }4(»o«lm'ss  to  take  to  secnre  tin'  Sjtanish  prize 
I  allnded  to,  and  1  hope  she  will  be  bronght  here  to  be  delivered  to  her 
li^ihtfnl  owners. 


COINTKU    CASE    OK    Tiri',    I'MTKl)    SiTATKS. 


459 


This  is  now  to  call  to  votir  iittcntioii  anotlitT  iiiiplciisaiit  ntVuir.  wliidi 
is  of  tli*'Ui'i':it('st  iiiiportiiiM'c  to  tli(>  interest  of  tli«'  siilijecis  olinv  nation. 
Iliavejiist  ;;ot  intorniat ion  that  Captain  Honitace  Ueviihi,ot  i he  Spanish 
stimoner  K«'li\  Cnltana,  \vhi«'li  cleartMl  lately  at  yonr  olliee  lor  Saint 
Martha,  is  secret l>  aiinin;;  sai«l  schooner  with  ;;nns  ami  aaininnitions, 
:iiiil  is  reernilin;^' a  ci«'w  here  t'oi  the  pnrpose  of  crnisin^  aL;ains|  the 
Spanish  v«'ssels,  nn<leithe  revolntionarv  Hay  ofSpanish  Anwriea.  I  hv^ 
\oii.  therelore.  sir,  to  ha\e  the  •;o(Mlness  to  order,  without  loss  oftinu', 
ill)  exainination  to  lie  made  on  said  vessel,  and  to  eompel  her  captain  to 
laiid  all  the  impleim'iits  of  war  and  men  he  mi;;lit  have  taken  uithont 
yonr  knowled;;'e.  Asa  |)i'ool'  of  his  had  intentions,  I  niay  state 
[:UJ  that  he  has  not  called  at  my  olliee  to  liav<-  his  *papers  indorsed, 
ami  to  recei\<'  the  documents  from  nu'  which  arc  rc<piired  Ity  tlu^ 
Spanish  laws.  I  Mease,  sit,  to  excuse  this  tr«»ul»U'  and  apprise  mc  of  the 
n-siilt  for  my  jxoveriMncnt. 

I  am,  nuist  rtsju'ct fully,  iVc, 

PAIL  (MACOX, 
Jlis  Catliolic  M<(jr.stjl's  Cininid, 
J.  II.  McClllocii,  Hsq. 


Mr.  MiCulUnl    ntlUvtor,  to  Mr.  Ihillas,  Snrctorif  n/  the  Treasury. 

CrsToM-IlofSK.  IJAi.rnioijK, 

('()ll(vt(>r\s  <>fm\  Aii;iiisf  'JJ,  ISKi. 

SiK:  In  |)ursuanc«'  of  the  <d>iect  reported  as  rc(piired  heretofore,  and 
nf  yunr  authority  in  the  case,  1  have  purchased  a  vessel  foi'  the  livcr 
siTvice  of  altout  tliirty-ci;;lit  tons  imrden,  to  which  Captain  Stephen 
White  has  been  appointed  commander,  |M'ovisioually,  and  (jualilicd  as 
iiispcrtor  of  the  reveinu'  for  the  purpose.  There  appcarcil  a  sudden 
(icnision  to  employ  the  vessel,  in  cttnscqucnce  of  an  application  from 
till- Spanish  consul  statin^'  that  a  hri^'  captured  fiom  a  Spjinish  sul>jcct 
liy  a  vessel  eomniandcd  by  an  Anu'rican  citi/.eii,  that  had  not  ioiiin  ayo 
liepartcd  from  this  port,  had  been  sent  into  the  I'atuxcnl  Itixer,  and 
was  then  lyinj;  there,  deserted  by  the  crew  who  had  brouuht  her  in.  and 
was  ill  daii;;('r  of  bein<i'  cairied  olV  by  a  new  crew  disjiatched  for  the 
piu|Mis»'.  and  the  I'liited  Stat<'s  cutter  Active,  as  she  is  now  called,  was 
tlicrcfore  instantly  manned,  furnished  with  small  arms,  victualed,  and 
scut  down  to  arrest  the  vessel,  if  possible,  and  briny'  hci'  to  this  port  for 
)'\aiiiiiiation. 

Tile  piirchasp  of  tlif  schooner  cost  81.'5b();  her  cipiipment  on  tliepres- 
•iit  expedition  will  add  some  <>xpense as  to  men  and  stores,  but  it  remains 
to  tit  her  further  on  her  return  lor  <Mnstant  service.     The  proceeding, 
so  far,  is  submitted  for  your  ainirobation. 
I  am.  ^c, 

J.  11.  McCL'LLOCll. 

A.  T.  Dallas,  Es(i. 


[•»•>]     "'M.-.  Glenn,  district  attornei/,  to  ^fr.  Monroe,  Secretary  of  State. 

liALTIMOHK,  AuffUst  2(i,  ISKIi 

'•IR:  (^wlny  to  my  absence  from  tliis  city  I  did  not  receive  y»Mir  letter 
until  this  morniny. 


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TREATY    OF    WASHINGTON PAPERS    ACCOMPANYING 


A  proHeeiition  sliall  be  imnieiliately  instituted  agcainst  Thomas  Taylor. 
and  if  he  can  be  found  you  sliall  be  informed  of  the  course  the  business 
takes.    I  shall  proceed  against  him  both  for  piracy  and  a  misdenicaiior. 

I  have  the  honor  to  be,  most  respectfully,  your  obedient  servant, 

ELIAS  GLENX. 


[f ! 


«^ 


Mr.  Monroe^  Secretary  of  State,  to  Mr.  Blake,  collector. 

Department  of  State, 

August  27,  181G. 
Sir  :  By  the  deposition  of  William  Atkins,  who  was  one  of  the  ])rize 
crew  of  the  Spanish  brig  St.  Joseph,  captured  by  the  arnu^d  vessel 
Eonip,  from  Baltimore,  taken  before  and  certified  by  William  VVetniore, 
commissioner,  appointed  by  the  district  court  of  the  United  States  for 
Massachusetts,  on  the  11th  of  July  last,  it  appears  that  property  bcloii"-- 
ing  to  Si)anish  subjects,  and  captured  with  the  first-mentioned  vessel, 
was  seized  some  time  ago  by  the  ollicers  of  the  customs  at  Gloucester, 
Massachusetts,  after  having  been  smuggled  ashore  at  Sandy  Bay, 
[30]  by  the  assistance  and  through  *the  instrumentality  of  some  flsh- 
ermen  in  that  neighborhood.  The  minister  plenipotentiary  of 
His  Catholic  Majesty  having  made  a  representation  of  the  above-men- 
tioned circumstances  to  this  Department,  and  communicated  a  copy  of 
the  dei)osition  referred  to,  1  have  informed  him  that  you  would  be  in- 
structed to  adopt  all  proper  measures  to  ])romote  the  restoration  of  the 
goods  to  the  parties  entitled  to  them,  which  you  will  please,  therefore, 
to  do,  and  to  keei)  this  Department  informed  of  the  steps  vou  take. 

JAMES  MONKOE. 


Mr.  Loicry,  surveyor,  to  Mr.  McCuUoch,  collector. 

Surveyor's  Office, 

August  28,  1816. 

Sir:  Agreeably  to  your  instructions  of  this  date,  I  have  made  the 
necessary  investigation  of  the  armament  of  the  ship  Caledonia,  now  at 
anchor  below  the  White  Rocks. 

The  number  of  cases  of  arms  lauded  from  on   board  that  vessel  the 
—  instant,  say  ninety-nine  cases,  remaining  in  Major  Jackson's  ware- 
house— six  of  her  guns,  9-i)ounders,  are  upon  said  Jackson's  wharves. 
Her   gun[>owder    remains  in   the  powder-magazine.     A   considerable 
number  of  passengers  are  supposed  to  be  on  board.     No  warlike 
[37]      *  preparations  appear  to  be  made  since  she  discharged  her  mili- 
tary cargo. 
The  schooner  Felix  (Spanish)  sailed  without  any  military  prepara- 
tions whatever. 

It  is  resi»ectfully  suggested  that  the  cutter  may  be  sent  to  observe 
what  may  be  taken  on  board  where  she  now  lays. 

It  is  said  the  Caledonia  settled  two  feet  deeper  in  the  water  previous 
to  sailing,  but  this  is  merely  hearsay. 
I  am,  &c., 

WM.  LOWRY, 
Surveyor  of  the  Fort  of  Baltimt'c 
J.  H.  McCuLLOCH,  Esq.,  Collector. 


COUNTER    CASE    OF   THE    UNITED    STATES. 


4G1 


Mr.  McCuUoch,  collector,  to  Mr.  Monroe,  Secretary  of  State. 

Custom  House,  Baltdiore, 

Collector's  Office,  Aufjuxt  20. 1S16. 
Siii:  The  owner  of  the  schooner  Komp,  seized  in  York  River,  Iiaa 
been  here  once  and  again,  but  no  process  liad  issued  against  hiui  for 
want  of  sntticient  evidence.  Tliat  lias  now  aj)j)eared  as  far  as  to  obtain 
wtuTants  of  arrest,  and  a  writ  is  in  the  hands  of  th(^  marslial,  if  it  can 
be  served.    A  Spanish  brig  arrived  hitely  in  Patnxent  Jviver,  reported 

to  be  a  prize  to  a  cruiser  bek)ngiiig  to  IJnenos  Ayres.  The  pri- 
[38]     vateer  is  said  to  be  a  vessel  that  went  from  *here  and  was  sold 

at  Port  an  Prince.  Iler  commander  is  said  to  be  Captain  Almeda, 
who  was  heretofore  a  citizen  of  tiiis  place;  not  long  ago  taken  by  the 
Spaniards,  at  Carthagena,  on  a  trading- voyage.  The  prize  crew,  who 
bad  been  ordered  to  Buenos  Ayres,  brought  tlio  vessel  here  and  aban- 
doned her.  Upon  information  of  the  Spanish  consul,  a  vessel  was  im- 
mediately fitted,  nninned,  and  sent  to  bring  her  to  this  port  for  exam- 
ination, bnt  she  had  been  previously  taken  possession  of  by  the  col- 
lector of  Nottingham.  It  is  now  reported,  bnt  not  yet  ascertained,  that 
she  is  coming  to  this  ])lace,  which  is  at  the  order  of  that  collector,  who 
has  some  of  the  men  sent  from  here,  on  board  of  her.  Upon  stich  view 
asl  am  able  to  give  at  present,  and  which  is  here  submitted,  the  in- 
structions that  may  be  thought  necessary  for  my  government  will  be 
gladly  received,  but  I  cannot  restrain  a  complaint  on  the  ditlicnlt, 
harassing,  and  responsible  duties  that  are  thus  hlid  ui)on  a  collector  of 
the  customs,  and  which  bear  little  analogy  to  his  object  and  his  char- 
acter. 

I  am,  sir, 

J.  E.  Mcculloch. 

James  Monroe,  Esq. 


t  vessel  the 
kson's  ware- 
I's  wharves. 


[39]    *Mr.  Glenn,  district  attorney,  to  Mr.  Chacon,  Spanish  consul. 

Baltimore,  September  4, 181G. 
Sir  :  I  have  received  your  letter  of  the  3Lst  ultimo,  accompanied  by  a 
copy  of  a  letter  from  Colonels  Donde  and  Papamontes,  to  his  excel- 
lency the  Spanish  minister,  the  originals  purporting  to  bear  date  at  New 
York  the  28th  ultimo.  I  have  also  to  acknowledge  the  receipt  of  your 
two  letters  of  yesterday,  to  all  which  I  shall  now  proceed  to  rei)ly.  In 
fact,  I  was  about  preparing  an  answer  to  your  first  communication  at 
the  very  moment  your  second  was  handed  to  me. 

I  tint!  upon  inspection  of  your  last  letter  that  yon  have  misconcjeived 
my  power  and  authority,  and  in  order  to  put  you  in  possession  of  a  cor- 
rect idea  in  that  particular  1  must  beg  leave  to  suggest  that  my  powers 
are  merely  legal  and  not  political.  I  have  already  the  power,  when  I  am 
officially  informed  in  a  legal  manner  of  any  violation  of  the  laws  of  the 
United  States,  to  iustitut«  a  prosecution  against  the  ott'enders  and  con- 
duct the  same  to  a  final  issue,  and  I  hoiie  i  shall  always  be  ready  and 

willing  to  go  thus  far  on  all  proper  occasions. 
[40]         *lf  any  armaments  be  fitting  out  within  the  district  of  Mary- 
land for  the  purpose  of  cruising  against  the  subjects  of  the  King  of 
Spain,  it  Is  a  breach  of  our  laws,  and  the  persons  concerned  therein  are 
liable  to  punishment,  but  before  I  can  tulce  any  legal  steps  in  the  affair 


yr 


4G2 


TREATY    OF   WASHINGTON PAPERS    ACCOMPANYING 


r  i 


the  facts  of  the  case  must  be  siipi)orte(l  by  affidavit  taken  before  somp 
jiuljce  or  Justice  of  the  peace,  and  when  that  is  (h>ne  1  will,  without  delay, 
proceed  to  call  upon  the  oftenders  to  answer  for  a  breach  of  our  law's. 
If,  therefore,  you  will  be  pleased  to  furnish  me  with  the  names  of  any 
witnesses  who  can  ni.ake  out  the  cavse  which  you  have  stated,  [  will  at 
once  have  them  summoned,  if  within  the  reach  of  the  process  of  our 
jud<jes  or  Justices,  and  attend  to  takiu^'  their  depositions ;  or  if  you  have 
it  in  your  power  to  briuff  within  this  district  any  persons  who  can  testify 
on  the  cases  referred  to,  I  will  be  i)repared  to  receive  the  statements  on 
oath  as  the  tVmndation  for  a  judicial  iurpiiry  into  the  conduct  of  the  of 
fenders.     1  shall  here. take  occasion  to  say  that  I  (iannot  proceed  in  the 

cases  you  have  mentioned,  upon  the  mere  suy-jjestion  of  any  per 
[-41]      son,  unless  *that  suggestion  be  accompanied  by  an  alHdavit;  at 

present,  therefore,  I  am  not  in  possession  of  any  information  author- 
izing me  to  commence  prosecution  against  tiie  persons  named  in  your 
letter. 

Although  I  have,  regularly,  nothing  to  do  with  the  political  i)art  of  your 
letters,  I  cannot  forbear  to  state  that  the  government  has  on  all  occasions 
manifested  the  most  scrupulous  regard  to  impartiality-  and  good  faith 
toward  Ills  Catholic  Majesty,  the  King  of  Spain,  and  will,  I  am  (juite 
sure,  continue  to  pursue  a  similar  course  of  conduct.  If  any  su<;.ws- 
tions  be  made  that  our  Government  support,  favor,  or  protect  ciie  flt- 
ting  out  of  vessels  to  cruise  against  fSpain,  I  venture  to  pronounce 
them  destitute  of  the  least  slnulow  of  foundation  in  truth.  But  you 
say  they  are  made  by  a  banditti  of  renegadoes.  Ijfc  therefore  follows 
that  you  yourself  cannot  believe  them  to  be  true. 

The  case  of  Sereno,  as  far  as  it  comes  under  my  notice,  is  a  more 
[42]      question  whether  the  captain  *of  the  vessel  has  violated  any  of  our 

revenue  laws,  and  thereby  subjected  the  brigand  cargo  to  forfeiture 
to  the  United  States.  Of  course  I  could  not  look  for  any  instructions  of 
the  kind  you  mention. 

I  have  the  honor  to  be,  with  considerations  of  the  highest  respect, 
sir,  your  most  obedient  servant, 

ELIAS  GLENN. 
Don  Paul  Chacon, 

His  Catholic  Majesty^s  Consul  at  Baltimore. 


f-m 


[43]     *Mr.  Monroe,  Secretary  of  State,  to  Mr.  Glenn,  district  attorney. 

Department  of  State, 

September  12, 181G. 

Sir:  You  will  herewith  receive  the  translated  copy  of  a  letter  to  the 
Chevalier  de  Onis,  the  representative  of  His  Catholic  Majesty,  from 
Jose  Morales  y  Doude  and  Fernando  Martz,  pasa  montes  at  New  York, 
on  the  subject  of  an  expedition  that  General  Mina  is  said  to  be  prepar- 
ing at  Baltimore  against  the  Si)anish  colonies  in  America. 

Mr.  Onis  has  been  invited  by  this  Department  to  secure  the  attend- 
ance at  Baltimore  of  these  two  persons,  with  a  view  to  their  substan- 
tiating, in  a  legal  form,  the  facts  which  they  state  in  their  letter,  and 
he  has  likewise  been  informed  that  the  necessary  instructions  would  be 
given  to  you  in  the  case.  You  will  please  therefore  to  make  all  need- 
ful inquiries  into  the  circumstances  disclosed  by  the  letter  in  question, 
and  to  adopt  such  measures  on  the  occasion  as  may  be  required  by  the 


COUNTER    CASE    OF    THE    UNITED    STATES. 


4G3 


laws  of  the  United  States,  wlietlier  the  witnesses  whom  the  Chevalier 
(le  Oiiis  is  invited  to  send  to  Baltimore  appear  tiiere  or  not. 
I  am,  very  respeetfully,  sir,  vour  obedient  servant, 

JAME8  MONROE. 
Elias  Glenn,  Esq., 

d/T'.,  tC'C,  tOc. 


[44]     *  Mr.  Graham,  Secretary  of  State,  to  2[r.  MeCuIloch,  collector. 

DEPART3IENT   OF    STATE, 

September  12,  J81G. 
Sir:  In  the  absence  of  the  Secretary,  I  take  the  liberty  of  iiiclosinfj 
the  copy  of  a  letter  to  the  Chevalier  de  Onis,  which  has  been  (!ommuni- 
oated  by  him  to  this  J)epartinent,  in  relation  to  a  military  expedition 
against  the  Spanish  colonies,  connected  witli  a  vessel  in  your  district, 
which  a  person,  calling  himself  General  Mina,  is  said  to  be  preparing  at 
Baltimore.  A  copy  ot  the  letter  referred  to  has  been  sent  to  the  dis- 
trict attorney,  Mr.  Glenn,  who  will,  it  is  presumed,  confer  with  you  upon 
the  subject  of  it. 

i  have  the  honor  to  be,  &c., 

JOHN  GRAHAM. 


■  yiM 


Mr.  McCuUoch,  collector,  to  Messrs.  Hanson  and  Watts. 

Custom-House,  Baltimore,  November  5,  1810. 
Messrs.  W.  H.  Hanson  and  D.  B.  Watts  : 

You  will  please  proceed  in  the  schooner,  hired  for  this  purpose,  by  the 
mouth  of  Magothy  River,  by  Patuxent,  and  still  lower,  if  found  necessary, 
iu  search  of  tlie  revenue-cutter  Active,  Captain  Beard,  to  whom  you  will 
deliver  the  letter  directed  to  him  and  communicate  any  information  you 
liave  upon  the  business  on  which  you  are  commissioned.  It  ma>  be 
necessary  to  stretch  over  to  the  Eastern  Shore  below  Kent  Island,  to 
[45]  look  out  for  him,  and  perhaps  at  night  to  hoist  a  light  *if  nothing  in 
your  consideration  forbids.  If  any  other  public  vessel  is  met  with, 
you  may  inform  them  of  the  object,  and  require  their  aid  in  itsattainment. 
If  tlie  cutter  is  not  this  side  of  Annapolis,  or  in  sight,  it  will  be  proper 
to  run  into  that  port.  Communicate  with  the  collectoi-  and  Mr.  Thomas 
H.  Bowie  there,  confidentially.  You  can,  without  loss  of  time,  then 
either  proceed  to  look  for  the  cutter  or  act  for  yourselves,  as  circum- 
stances prescribe,  in  performance  of  your  duty  as  officers  of  the  customs 
on  shore  or  the  water,  observing  all  the  cautions  heretofore  delivered 
on  similar  occasions,  especially  in  cases  of  search  or  seizure  in  dwelling- 
houses.  When  you  find  the  cutter  you  may  transfer  yourselves  with 
the  men  under  your  command  to  tiiat  vessel  and  dismiss  the  hired 
schooner,  with  information  to  this  oftice.  But  if  you  are  not  required 
to  continue  there  or  the  men  are  not  wanted,  they  may  return  in  her. 
If  the  business  appears  to  require  greater  force,  information  must  in- 
stantly be  sent  while  Captain  Beard  watches  the  suspicious  vessel. 

Endeavors  will  be  used  here  to  <lispatch  the  United  States  sloop  Asp, 
with  sufficient  preparations  to  meet  the  exigence.  It  will  be  well  to 
keep  the  men  below  when  in  sight  of  any  persons  likely  to  be  effected 
hy  their  appearance,  the  arms,  until  wanted,  to  be  kept  under  your 
bauds  iu  the  cabiu. 

J.  H.  Mcculloch. 


404 


TKEATY    OF    WASHINGTON PAPERS    ACCOMPANYING 


m 


"Mr.  McCulhch,  collector,  to  Captain  Beard. 


Custom-House,  Baltimore,  Kovemhcr  r»,  isKi. 

Captain  IJeard:  Iiif'oriiiation  is  Just  pvon  that  a  coiisicU'rabIc  <|iiaii- 
tity  of  jn'ootls  has  boon  landod  at  Annai)(>lis  from  on  board  a  Jiiiciids 
Ayros  privatoor  schooner,  whicli  wasyostorday  niorninjiilyin;;'  at  uiicIku 
botwoon  Horn  and  SooU'y's  Point ;  that  it  has  boon  asoortainod  tlint  a 
fiirtlior  <iuantity  was  to  liavo  boon  put  on  board  a  schooner  with  l)rii;lit 
varnished  si(h's,  supposed  to  be  the  Holliday  Oak,  conunanded  l»y  Ciiii- 
tain  llolliihiy  Oak,  of  Annapolis,  witli  a  view  to  their  transi)ortati(ni  to 
]Ma<^-othy  IJiver  or  tliis  phico.  Tiiouj^li  your  force  maybe  inaihMniiitc  U) 
take  forcible  possession  of  the  privatooi,  yet  1  think  it  will  be  proper 
that  you  shouhl  make  use  of  some  exertion  for  the  purjjose  and  l)riii^ 
her  into  port  for  investigation.  J'robably  by  showing  your  tlag  she  will 
quietly  submit  to  authority. 

At  any  rate  you  will  re(;oive  by  the  vessel  which  carries  this  a  re  cii 
forcenu^nt  of  six  men  armed,  under  the  direction  of  ^Messrs.  W.  Jl.  Han 
som  and  1).  ]i.  Watts,  inspectors  of  the  customs,  who  will  assist  in  every 
measure  necessary  to  take  or  secure  the  vessel  and  property  which  you 
may  seize  or  think  proper  to  detain.  The  schoomn-  hired  for  tliisol)- 
joct  must  be  dismissed  as  soon  as  possible,  as  well  as  tlio  men. 
[47j  when  their  services  are  no  longer  needed.  You  can  re*ceive  tlioiii 
on  board  the  cutter  if  you  need  them,  and  if  there  is  a  resistance 
threatened  that  you  do  not  think  it  prudent  to  eni-ounter,  stay  by  tiif 
ott'onder,  and  dispatch  a  messengerto  me  in  the  most  expeditious  itiaiiiier. 
and  the  [Jnitod  States  sloop  of  war  here  will  be  api)lied  for  immediatoly 
w  ith  a  force  suHiMent  to  overcome  it. 

Tlie  vessel  «lescribed  before  (the  Holliday  Oak)  appears  like  the  x\.n 
uapolis  packet,  with  sky-blue  quarters,  bright  varnished  bottom,  .ito.; 
main  top-mast,  the  mast  raking  much  abaft.     You  have  already  received 
such  general  instructions  that,  with  the  advice  of  the  otlicers  sent,  you 
will  be  able  to  act  in  any  emergency. 
Y'^our  obedieut  servant, 

JAMES  n.  Mcculloch. 


Mr.  McCuUoch,  collector,  to  the  surveyor. 

CusTOM-IIousE,  Baltimore,  Becemher  13, 1810. 
Sir  :  Be  pleased  to  direct  an  otficer  to  examine  the  schooner  Romp. 
and  if  found  to  be  increased  in  armament,  or  further  prepared  for  iios- 
tile  action  than  at  her  arrival  here,  order  such  disarming  ami  disuiant 
ling  as  shall  render  her  to  her  just  state  and  condition,  and  prohibit 
the  owners  or  commanders  from  taking  more  men  than  are  sullic.ient  to 

navigate  the  vessel,  on  pain  of  stoppage  or  seizure. 
[48J  *Be  pleased  also  to  direct  an  otticer  to  visit  the  brig  Independ- 
ence, D.  Choyter,  of  Buenos  Ayres,  and  inspect  her  armament,  in- 
forming the  comraaiuler  that  no  additional  strength  in  guns,  men,  or  equip- 
ment can  be  made  on  board  his  vessel  to  the  state  she  was  on  arrival,  aud 
if  any  such  addition  is  made  that  she  cannot  proceed  from  this  port 
until  reduced  to  her  first  condition  in  these  respects. 

J.  H.  MCCULLOCH. 


COU^TEK    CASE    OF    THE    TMTED    .STATES. 


465 


14 


*  Mrsfia(/('  of  the  P  res  id  cut. 


i 


Washington,  iku'inhcr  2<),  1810. 
/'(>  the  Senate  and  Hounv  of  liepn'.sentatiren  of  the  United  States  : 

It  is  i'ouikI  tliiit  t!u'  oxistiiis"  laws  Ikiivo  not  tlio  i'llicacy  lu'ccssiiry  to 
])icv('iit  violations  of  the  oblijjations  of  tlic  IJiiitcd  Stiitrs  as  a  nation 
iirpt'iU'o  nvard  bcllijicrcnt  i)arti('s,  and  otlicr  iinlawlnl  acts  on  the  liiyii 
seas  by  ai .ncd  vessels  ('nnii>|)ed  witliin  the  waters  of  the  Ifnited  States. 

With  a  view  to  maintain  nioreett'ectnally  tlu'  respect  due  to  the  laws, 
to  the  character,  and  to  the  neutral  and  paeiti*;  relations  of  the  Tnited 
States,  I  reconinieiid  to  the  consideration  of  Conyivss  the  expediency 
of  such  iiirtlier  leyislativc  [irovisions  as  nuiy  be  requisite  for  detainini;- 
vessels  actually  e(iuip])ed,  or  in  a  course  of  e(iuii)iueiit,  with  a  warlike 
torco,  within  the  jurisdiction  of  the  United  States,  or,  as  the  case  may 
be,  for  obtaininj>-  frgni  the  owners  or  comnuinders  of  such  vessels  ade- 
([uate  securities  ajiainst  the  abuse  of  their  aruuunent,  with  the  exce[»- 
tioiis  in  such  i)rovisions  proper  for  the  cases  of  merchant-vessels  fur- 
nished with  the  defensive  armaments  usual  on  distant  ami  dan^erou> 
cxpoditions,  ami  of  a  private  commerce  in  military  stores  permitted  by 
our  laws,  and  which  the  law  of  nations  does  not  require  the  United 
States  to  prohibit. 

JAMES  MADISON. 


BULLOCH. 


Mr.  Monroe,  Secretary  of  State,  to  Mr.  MeCnUoch,coUcefor. 

Departjient  of  STAT]], 

fJanuarii  .'>,  1817. 
oO]  *SiR :  There  bein.ij  some  reason  to  believe  that  the  schooner 
Mauf^ore,  which  arrived  and  reported  lu>rself,  on  the  l'8tji  of  last 
month,  at  your  port  as  a  South  American  cruiser,  was  originally  fitted 
out  for  her  cruise  at  I>altiuu)re,  in  violation  of  our  laws,  you  are  par- 
ticularly recjuested  to  put  the  attorney  of  the  United  States  in  posses- 
sion of  all  tlie  testimony  which  you  uuiy  have  or  be  able  to  obtain  rela- 
tive to  such  a  charf>e.  It  is  not  doubted  that  you  will  ciuise  every  step 
to  he  taken  calculated  to  bring  to  light  the  real  transaction  in  this  case. 
so  that  whatever  breach  of  the  laws  of  the  United  States  has  taken 
|»liu'e  may  be  forthwith  punished. 

JAMES  MONROE. 


Mr.  Monroe,  Secretary  of  State,  to  ^[r.  Glenn,  district  attorney. 

Department  of  State, 

January  3,  1817. 

8iR:  There  being  good  reason  to  suppose  that  the  schooner  Mangore, 
itllejfed  to  be  a  South  American  cruiser,  which  arrived  at  Baltimore  on 
the  28tb  of  last  month,  was  originally  fitted  out  at  that  port,  probably 
under  some  other  name,  with  ?  view  to  exercise  belligerent  acts  upon 
the  ocean,  against  nations  with  which  we  are  at  i)eace,  you  are  liereby 
particularly  requested  to  institute  prosecutions  against  all  parties  now 
t«»  be  found,  who  may  have  bad  any  concern  in  such  object  so  manifestly 

in  contravention  of  the  laws  of  the  United  States.  The  collector  of 
•"*1]     Baltimore  will  be  *instructed  to  furnish  you  with  all  the  evidence  of 

which  he  is  in  possession,  or  which  he  can  obtain,  bearing  upon  this 

30  A 


4(;(; 


IFfEATY    OF    WASHINGTON I'APKKS    A('('()\ri'AXYING 


-it 


I 
1  ( 


Ml 
n 


i'liarj-o,  aiMl  it  is  not  doubtod  but  tliat  «!v<'ry  projxM'  stop  will  be  tiikcu  on 
your  piiil,  necessary  to  vin(li(!iite,  as  far  as  may  be  pra<'ti('al)le,  llic  ,u\. 
tlioritv  of  the  laws. 

.ia:mks  MONifoi:. 


Mr.  MrCulloch,  cnUrvtor,  to  Mr.  (tloin.  <Ustrirf  ntfornof/. 

(.'USTOM-HorSK,   iJAI/miOKE, 

CoUcrtor's  OlHce,  Januarj/  !>,  1817. 

Snj :  In  eotnplianee  witli  the  request  of  the  Secretary  of  State,  I  now 
connnunicate  all  the  information  possessed  by  this  ottice  respectin;,'  the 
schooner  .Alaiiyore,  now  lyinj;-  in  this  port,  of  wliose  chavactt'r  in(|iiir\ 
has  been  made  in  tlie  correspondence,  of  the  I)e|)artmoiit  on  the  .'iij 
instant. 

It  had  been  stated  in  a  letter  from  this  office,  tk«'  .'JOth  ultimo,  tliat 
this  vessel  entered  here  on  the  2Stli  i)revious,  under  South  Anicriciiii 
colors,  coat  ma  nded  by  James  Barnes,  commissioiuMl  from  P.aenos  Ayivs. 
and  with  letter  of  inaniue  and  reprisal  against  the  snbjec'ts  of  Spjiin. 
Barnes  was  beibre  that  time  a  citizen  of  the  Ignited  States,  nor  has  any 
proof  of  fornud  expatriation  been  exhibited  liere.  JFe  entered  as  in 
want  of  i)rovisi(»ns  and  in  need  of  re[)airs,  from  sea,  w'tli  :i  few  ijoods 
Avhich  he  ))roi)osed  to  enter  for  tlie  purj^ose  of  sale,  i)robably  to  defniy 
expenses.  The  entry  of  the  jjoods  was  not  received,  but  an  ex 
\'>2]  amination  was  made  for  *the  purpose  of  identifyin<>-  the  schoonci 
with  one  formerly  belon.i>inj»"  to  this  port  called  the  Swift,  and  it  ap 
pears  by  a  report  made  to  us  this  day  that  she  is  the  same  vessel.  It 
is  oidy  in  my  i)ower  to  a<ld,  that  the  schooner  Swift  cleared  hence  on 
the  ."xl  Ausnst,  commanded  by  Jesse   Ilullinyton,  as  th«i  i)roi»erty  (it 


Mark  L.   Dexaves,  a  naturalized   <-itizen, 
Mereier. 

Your  obedient  servant, 

Eli  AS  Glenn.  Esq. 


throuj;h   his 


agent. 


IMiili|i 


J.  H.  Mcculloch. 


Mr.  Monroe.  Secretary  of  State,  to  Mr.  Glenn,  dltitrlct  attorncji. 

Department  of  State, 

Febrnari/ 15,  1S17. 

Sik:  1  have  the  honor  to  semi  you  inclosed  translations  of  three  Id 
ters  from  the  Ohevalier  de  Onis  to  this  I)ei)artment,  dated  the  lOtliaiid 
12th  instant,  on  the  subject  of  alleged  violations  of  the  laws  of  tlie 
United  States,  in  the  cases  referred  to  in  these  letters,  to  the  injury  ot 
the  subjects  of  the  Crown  of  Spain,  and  asking  the  interposition  of  tliis 
Department  toward  obtaining  redress  in  behalf  of  the  parties  pai- 
ti(!ularly  aggrieved.  As  far  as  your  official  interposition  or  cooix'ia- 
tion  mav  be  proper,  you  will  be  pleased  therefore  to  use  it. 

JAMES  MOXROi:. 


Mr.  Olenn,  distriet  attorney,  to  Mr.  Monroe,  Secretary  of  State. 

Washington,  Fehruary  25, 1817. 
[53]         Sir  :  I  had  the  honor  to  receive  your  *letter  of  the  15th  instant. 
accoiupauied  by  the  copies  of  three  letters  from  the  Chevalier  <ie 


(•(>r»iTKK    (ASK    or     rHK    I  NI'IKI)    sTATKS. 


4(!7 


Onis  to  your  l)«'i);irtiii(Mit,  s«'vei-iilly  datod  on  the  KHli,  lUli.iiii<l  I'Jfliof 
i'cltriiiiiy,  iit  the  very  nioiiH'iit  I  was  UmvIiijh'  lioiiie  for  tliis  phuH',  U*  ;i\\ 
wliicli  I  now  iK'fi'  leave  Vo  reply. 

Ill  answer  to  the  niatteis  stated  in  the  llrsr  extract  of  a   letter  fVoiii 
!ijs  ('xci'lloney  de  Oiiis,  1  state  that   1    have  no  Unowled^c  of  tiie  hn^ 
I'iiz  liavinji'  l)eeii  l>oiij;lit  for  the  purpose  of  eriiisin.^^'  against  the  coin 
iiiiTce  of  Spain.     If  I  shall  he  ahle  to  aetpiire  such  iidorination,  innru 
(liiitc  ste|>s  shall  he  taken  to  put  a  stop  to  any  fnrthei"  proc«'ediiij>' on  the 
part  of  the  owner  or  aj^cnts  of  that  vessel  in  their  <'onteinplate(l  view.v. 

1  Iiad  no  personal  knowled,i4'e  of  the  illci^al  proceed in,!L>s  in  the  case,  o* 
till' hri,i;'  Fonrth  of  .July,  nor  was  any  information  (toniiiinnicated  to  nic 
ii|M»ii  that  suhject;  conse<piently,  I  could  take  no  noti<!e  of  the  casi^  ofh- 
ciiilly,  and  1  was  in  a  similar  ju'cdicament  with  respect  to  tlie  Ifomp. 

Ill  answer  to  the  su<;j;'estioiis  contained  in  the  sei-ond  letter  from  his 
excellency,  I  heji'  leaver  to  say  that,  upon  the  receipt  of  a  former  letter 
iroiii  you.  I  was  induced  to  make  very  considerahle  exertions  to  ascei 
tain  wlietlu'i'there  wasaiiy  reascniahle  inround  to  believe  that  the  scIkkmicv 
.MaiiK'oi'*'  could  in  any  way  be  made  lial)le  to  a  prosecution;  and,  witiioiu 
ohtaininj;'  any  very  clear  intbrmation  on  the  subject,  I  liied  an 
.")4j  *i;v-(\lfirii>  information  apiinst  her.  The  a;^'ents  of  the  owncjs 
thereupon  came  forward  before  the  district  Jud^e  and  hied  a  claim 
tortile  vessel,  and  denied  in  writinj^"  that  she  was  intended  to  W,  usc«i 
ill  any  manner  in  violation  of  the  laws  of  the  rnited  States.  The  ju«lji<' 
(l(M'i(lctl  he  would  nor,  upon  my  mere  su<>f'estion  in  the  libel  in  that 
lueliminary  sta<;e  of  the  cause,  detain  her,  if  the  parlies  claimin.i;'  her 
would  enter  into  a  stipulation  to  answer  to  the  (Jovernment  for  the 
amount  of  her  appraised  value  in  case  she  should  hereafter  be  con- 
demned. This  stipidation  l)ein<>'  entered  into,  she  was,  accordin.yly,  de- 
iivcicd  up  to  the  (claimants.  Tlu!  cause  will,  howe\er,  jn'occed  to  a  (inal 
licarinm,  when  1  hojie  to  have  her  condemned.  So  anxious  have  I  shown 
iiiysolf  on  this  occasion  to  pciish  the  offenders,  that  1  drew  up  a  state- 
iiit'iit  in  writiiifj",  containinji'  all  the  information  possessed  by  the  collect- 
or of  the  port  of  Baltimore  upon  the  subject,  and  obtained  his  oath  to 
the  same;  upon  which  statement  a  warrant  of  arrest  issued  against  (Jaj»- 
taiii  Hariies,  the  first  ollicer  of  the  schooner  Mangore.  The  process  was, 
without  delay,  placed  in  the  hands  of  the  marshal,  with  positive  instruc 
tioiis  to  have  the  man  arrested.  This  is  all  I  can  do  in  this  alVair,  and 
I  will  add  that  my  <'onduct  in  this  and  all  other  cases  of  a  similar 
iiatiue  has  met  the  entire  approbation  of  Mr.  Chacon,  the  Spanish  con- 
sul, who  is  a  most  vij>ilant,  active,  and  intelligent  officer.  AVithout 
MJ  some  fresh  *charges  against  the  3Iangore,  I  cannot  consider 
myself  bound  to  institute  new  procee<liiigs  against  her.  If  Cap- 
tain IJarnes  is  in  possession  of  i)ro[)erty  illegally  taken  from  S[>aiiish 
Mil)j('('ts  the  t'a(!t  is  unkjiown  to  me.  In  answer  to  the  third  letter  from 
tilt'  Spanish  minister,  1  state  that,  upon  information  given  me  by  the 
>>pniiisli  consul,  1  took  with  me  to  a  judicial  officer  the  men  who  were 
willing  to  give  evidence  against  Cai)tain  Chase  and  his  lieutenants,  and 
warrants  of  arrest  were  by  that  otlicer  forthwith  issued  against  these 
••Ulcers,  which  warrants  were  placed  in  the  hands  of  the  marshal,  the 
proper  executive  otii<;er  in  such  cases.  I  have  not  yet  been  informed 
whether  the  marshal  has  arrested  any  of  the  persons  named.  In  all 
these  proceedings  the  Spanish  consul  will  do  me  the  justice  to  say  I  have 
nsed  luy  most  zealous  exertions  to  do  his  government  every  possible 
"Service  within  the  scope  of  my  power  and  authority. 

I  have  thus  endeavored  to  give  you  an  outline  of  the  proceedings  in 
tlie  cases  to  which  your  letter  refers,  and  you  may  rest  well  assured,  as 


4G8  TIJKATY    or    WASinXGTOX PATKK.^    ACCOMI'ANYIXG 


-n'    :. 


lit 


If     n 
it   '^ 


I* 


Irir  as  my  ollicinl  interposition  or  coopiM.itioii  cai)  be  properly  used,  jt 
slisill  at  all  times  be  most  (ilieerCiilIy  atl'orded. 

Von  ai«'  well  aware  I  cannot  i)!(>eee(l  to  arrest  ])ersons  or  propcit^ 

under  the  laws  of  onr  conntry  lor  a  Itreaeli  of  those  laws,  n|)on  a  mkic 

snjiju'stion  alone,  l»nt  whenev«'r  a.  .snji{;'eslion  shall  be  aiu'onipaiiltd 

|5(>J      byanytliinii  liUeprool',   I  will  taki^  ^reat  ph'asnr(!  in  *prose(iitiii^ 

the  oltenders  to  pnnisliuienl,  and  their  [U'operty  to  condemnaiitm 

in  all  proper  eases. 

I  have  the  honor  to  he.  with  very  siiu;erc  respect,  your  most  obedient 
sei'vanl, 

ElAAH  GLKNX. 
lion.  Jami;s  MoMjoH. 


Nnttmliti/  art  of  March  ;'.,  1.S17.— (3  U.  S.  ^Stiit.  at  Jjarffv, p.  ;'.70.) 

('UAi'TKii  LVIII. — AX  AC']'  iiiiiic  ciroctiially  to  ])r»'sprvc  tho  iiciitriil  icl.itioiis  ol' thi' 

I'uitcd  States. 

He  if  oiachd  hi/  the  Soiatc  and  House  of  Representativeft  of  the  I'liital 
States  tf  America  in  Conf/rcus  asseinltied,  That  if  any  person  shall,  witiiiii 
the  limits  of  the  United  States,  tit  out  and  arm,  or  attenjpt  to  tit  oat  and 
arm,  or  procure  to  be  titted  out  ami  armed,  or  shall  knowin.niy  be  eon- 
(terned  in  the  furnishin<>",  fitting  out,  or  arming"  of  any  such  ship  or 
vessel,  with  intent  that  such  ship  or  vessel  shall  be  employed  in  tlie 
service  of  any  foreign  prince  or  state,  or  of  any  colony,  district,  or 
])eople,  to  cruise  or  c«)mmit  hostilities,  or  to  aid  or  co-oi)erato  in  any 
warlike  measure  whatever.  aj>'ainst  the  subjects,  citizens,  or  jtropcity 
t)f  any  i)rince  or  state,  or  of  any  colony,  district,  or  peojile  with  whom 
the  United  States  are  at  i»eace,  every  such  person  so  otfendinii  sliall. 
upon  conviction,  be  adjudjj;ed  j:;'uilty  of  a  hi<j;h  misdemeanor,  and  shall  Ik' 
lined  and  imprisoned  at  the  discretion  of  the  court  in  whicli  the  (lonvic 
tion  shall  be  had,  so  as  the  lino  to  be  imposed  shall  in  no  case  be  iiioic 
than  ten  thousand  dollars,  and  the  term  of  imprisonnu'nt  shall  not  ex 
ceed  ten  years  ;  and  every  such  shi}>  or  vessel,  with  her  tackle,  ap 
[57]  parel,  an«l  furniture,  tofj-ether  with  all  materials,  arms,  *amn)inii 
tion  and  stores,  which  may  have  been  procured  for  the  buildinu 
jjud  equipment  thereof,  shall  be  forfeited,  one-half  to  the  use  of  any  per 
son  who  shall  give  information,  and  the  other  half  to  the  use  of  the  United 
States. 

Sec.  2.  And  he  it  further  enacted,  That  the  owners  of  all  armed  slii)»s 
sailing  out  of  the  ports  of  the  United  States,  and  owned  wholly  or  in 
part  by  citizens  thereof,  shall  enter  into  bond  to  the  United  States,  with 
snllicient  sureties,  prior  to  clearing  out  the  same,  in  double  the  amount 
of  the  value  of  the  vessel  and  cargo  on  board,  including  her  armauient, 
that  the  said  ship  or  vessel  shall  not  be  employed  by  such  owners  in 
cruising  or  counnitting  hostilities,  or  in  aiding  or  co-operating  in  any 
warlike  measure,  against  the  subjects,  citizens,  or  property  of  any  i)rince 
or  state,  or  of  any  colony,  district,  or  people  with  whom  the  United 
States  are  at  peace. 

Sec.  3.  And  be  it  further  enacted,  That  the  collectors  of  the  customs 
be,  and  they  are  hereby,  respectively  authorized  aud  required  to  detain 
any  vessel  manifestly  built  for  warlike  purposes,  and  about  to  depart 
from  the  United  States,  of  which  the  cargo  shall  principally  consist  of 
arms  and  munitions  of  war,  when  the  number  of  men  shipped  on  board 


¥  ',fl 


COITNTMU    CASK    OF    TIIK     I'MTHK    STAIKS. 


40!! 


(d'otlicr  (nrciimstiMKU's  sliiiU  HMidcr  it  prohalilc  tliat  siicli  vessel  is  in- 
tended to  be  empluyed  by  tlu^  (twiier  oi'  owners  to  eriiise  or  coiiimli 
liostilities  upon  the  siihjec^s,  eitizeiis.  or  property  of  any  prin(te  or  stale, 
or  of  any  colony,  distiiet,  or  people  witli  wlioni  tlie  United  States  are  at 
lieiieo,  antil  tin;  decision  of  tlie  President  be  liad  tin-reiipon,  or  nntil  tlie 

owner  enters  into  bond  and  sureties  to  the  Tnited  Slates,  piior  to 
.■»,S|     eleariiiin-  out  the  same,  *in  donbh'  the  amount  of  ilie  valiu'  of  tlie 

vessel  and  ear^-'o  on  board,  including"  her  annaMient,  that  the  said 
sliip  or  vessel  shall  n(»t  be  emi»loyed  by  the  owner  or  owiums  in  cruising 
oicdiiiMiittin;;-  hostilities,  or  in  aiding'  or  eo operatinj;'  in  any  warlike 
iiR'iisnre  a;>'ainst  tlu^  subi<'ets,  eiti/ens,  or  propeity  of  any  |)rin(  e  or 
stiite,(»r  of  any  colony,  district,  or  people  with  whom  the  I'nited  States 
lire  lit  [leace. 

Silt'.  1  Awl  hi:  H further  ciiacfrtl,  That  if  any  person  shall,  within  the 
tcnitory  or  Jurisdiction  of  the  L'nited  States,  ini-reasc  or  augment,  or 
inoeiue  to  be  increased  or  auf^mented,  or  shall  be  knowingly  concerned 
ill  iiiereasin;;'  oi-  au<j:nH'ntin^  the  force  of  any  ship  of  war,  cruiser,  or 
iitliei' armed  vessel,  whicdi  at  the  lime  of  her  ai'ri\al  within  the  Unitcil 
Stares  was  a  ship  of  war,  cruiser,  or  armed  \essel  in  the  servict'  of  a 
loreiji'ii  prin(!e  or  -state,  or  any  colony,  district,  or  people,  oi-  belonuin/;' 
to  the  subje<'ts  or  citizens  of  any  such  ))rince,  stat«',  colony,  district,  or 
people,  the  same  bein{>'  at  war  witJi  any  forei,i>n  i»riin!e  or  state,  with 
whom  the  United  States  are  at  peace,  by  addiiif^'  to  the  number  or  si/e 
(it  the  }«uns  of  such  vessrds  prepared  for  use  or  by  the  addition  thereto 
III'  any  e(piipment  solely  applicabh'  to  war,  every  such  i)eison  so 
ort'eiidiiij;'  shall,  ni>on  conviction,  be  a(liud<j,ed  {guilty  of  a  misdemeanor, 
;iiid  shall  be  lined  and  imj)risoned,  at  the  discretion  of  the* court  in 
wliieli  the  convic^tiou  shall  be  had,  so  as  that  such  lines  shall  not  exiiced 
one  thousand  (loUars  nor  the  term  of  imprisonment  be  more  than  one 
year. 

Sec.  .">.  And  he  It  further  erud'teil,  That  this  act  shall  continue 
ijO]     *in  force  for  the  term  of  two  years. 
Approved  March  o,  1817. 


I 


tk. 


"  x; 


.1/r.  Kitah^  Avtimj  Seerctary  of  IState,  to  Mr.  Glenn,  district  attornei/. 

'  J)ErAKT.MENT  OF  STATE, 

.  March  18,  1817. 

Sir:  I  have  the  honor  to  send  to  yon  herewith  the  <!opy  of  a  list  of 
articles  stated  to  have  been  taken  by  the  private  armed  vessel  Ww.  I'otosi 
from  the  Spanish  ship  Ciencia,  which  list  has  been  communicated  to 
tiiisotliee  by  the  ( Jhevalier  de  Onis,  His  Catholic  Majesty's  rein-esentative, 
with  a  re<piest  that  the  necessary  instructions  Khould  be  forwarded  to 
the  law-otlicer  of  the  Government  at  Baltimore,  to  afford  his  aid  t«)  the 
'Spanish  consul  there,  in  the  attachment  which  he  bad  laid  u[K)n  a  pait 
"t  these  articles  in  the  hands  of  Henry  Didier.  You  will  please,  there- 
tore,  to  render  your  oltlcial  aid  to  the  Spanish  consul  in  the  above  case, 
iis  far  as  circumstances  may,  in  your  Jud^nient,  make  it  necessary  ami 
proper. 

ItlCHARD  RUSH, 

Acting  /Secretary  of  State. 
Elia«  Glenn, 

Attorney  of  the  United  States, 

For  the  JMstrict  of  Maryland,  Baltimore. 


(it    ■  ..■ 


'*»-.?  ■ 


47<>  TKKAIV    or    WAHIllMJ'I'ON I'aI'KKS    A(('()MI'ANYIN(; 

Mr.  Ji'itsli,  ArliiDi  Sccretartj  <;/'  N/^f/f,  /o  J/r.  MrCnllorli.  rullcctnr. 

Dki'Aktmkm'  of  Stati;, 

Mdirli  L'l,  1S17. 

Sii:  :  ll.v  a  l«'lf«'i'  ot'tliis  diite  the  atldiin'.v  «)rilM'  riiitcd  States 
\iHi\  has  lit't'ii  requested  to  luniisli  every  •inlbriMatioii  in  his  powci 
rehitive  to  aUeyed  outfits  of  several  vessels  at  l{iilliiii(ne.  'Jh,. 
snl)je('t  beiiiji  (h'eiiied  of  iiii|iortaiM;e  at  this  Department,  I  have  to  w 
(|uest  tiiat  ,von  will  he  so  ohli<;in^  as  to  anbr<l  that  olheer  all  the  aid  in 
yonr  power  toward  tin*  ohjeets  whieh  the  letter  to  him  emiaaces.  H,. 
will  show  it  to  yon,  and  I  have  to  a(hl  how  desiralde  it  is  that  the  iiiior- 
iinition  which  it  (falls  t'oi'  shonld  lu;  obtained  in  a  manner  the  mostaiii|ili 
and  exact  that  is  |)ractical)le. 

I  hav(^  the  honor  to  Im^,  with  <;reat  respe<'t,  vonr  mostol»e<lient  servmii. 

KICIIAKI)  IMJSII, 

Actin(i  tiecrctary  of  HioU-. 
The  CoLLEOJOU  <>/  litiltiuiore. 


Mr,  linsh.  Act  inn  'Vc/v/^07/  0/  tSdttv,  to  Mr.  Wirt,  (listrict  (iiUnnqi. 

DKrAUT.ArENT  OF  State, 

Manh  L'S,  ISIT. 

Siu:  T  have  tlu^  honor  to  send  yon  the  copy  of  a  letter  jnst  writn-iiliy 
this  Depjirtment  to  the  collector  of  the  >'nstoms  at  Norfolk,  and  to  iv 
quest  your  advice  and  assistance  in  the  matters  referred  to  in  that  letter, 
should  it  be  necessary,  according'  to  the  su{4j;'estion  nnide  by  ^Ir.  3Ialloi'\. 
tlu^  collector. 

laciiAiH)  ijusir, 

AftiiKj  tSevntiiry  nf  StaU. 
William  Wirt, 

IMatrict  Attorney  for  Virginia. 


Mr.  Kmh,  Acting  Secretary  of  State,  to  Mr.  Mallory,  collector. 

IJepatjtment  of  State, 

March  L'S,  1S17. 

(JIJ  Sir:  It  has  been  stated  to  this  *I)epartnuMit  that  two  armt'd 

vessels,  one  named  the  Iiule[>endence  of  the  South,  the  other  tiif 
Aitaveda,  have  lately  arrived  at  Norfolk  from  voyages,  in  the  course  of 
which  they  have  cruised  against,  and  made  cajituresof,  vessels  ori)n)|i 
erty  belonj;in<;'  to  the  subjects  of  the  Kinf>'  of  S[)ain.  You  are  recpiesteil 
to  make  stric-t  inquiry  into  the  jinuinds  of  tlr'seallepitions,  and  transmit 
such  information  as  you  may  be  able  to  obtain.  It  will  endnace  tin* 
lime  and  manner  of  tlu'ir  arrival,  theii-  force,  the  tia}»'  whic^h  they  bom. 
the  port  or  place  whence  they  last  sailed,  the  entry,  it"  any,  which  tliey 
made,  the  car^o  or  articles  on  board  of  them,  their  motives  for  coniiiiu 
hi  to  i»ort,  and,  geiu'rally,  such  other  facts  and  circumstances  as  iiiiiy 
tend  to  show  their  true  character  and  objects.  If  there  be  any  proof  (it 
their  having  committed,  or  of  their  intending-  to  connnit,  an  infraction 
of  any  of  the  laws  or  treaties  of  the  United  States,  you  will  cause  prose 
cutions,  subject  to  the  advice  of  the  attorney  of  tlie  United  States,  to  In- 
instituted  against  all  parties  concerned,  or  such  other  legal  steps  taken 


COUNTKK    t'AMK    or     I'lIK    IMTKD    .STAl'K.S. 


471 


aM'Vt'iits  may  iiiiiUt'  lu'ccssary  siiul  Justice  n'(|iiii('.  To  tiirtlior  this  nid 
I  incldsi^  .yoi!  an  iiutliciiticatrd  copy  oi  an  act  of  ( 'oii^iicss  passed  «ni  tln' 
,1(1  of  tills  iiKiiitli,  (lest  it  iiia.N  not  before  liav«'  reaciietl  you,)  to  jn«'serve 
more  ell'ectually  tiie  neutial  relations  of  the  I'nited  Slates  in  <'ase  iiny 
ivcarrciicc  t<»  its  provisions  shtudd  become  necessary. 

KRMIAKI)  IM  Sll, 

ArtiiHj  Strntttfjf  of  Stofr. 
('{[.vs.  K.  MAM.OliY, 

C'olleclot;  Nor/oUi. 


;»;;]    *Mr.  li'ush,  Act'nui  Svn-vtttrn  of  Stutt,,  to  Mr.  McCiillorli,  aplhrtor. 

Dki'Aktmknt  or  Sia'I'k, 

Miurit  LVS,  1817. 

Sill:  It  has  been  stated  to  this  Department  tliat'a  vessel  called  the 
CiHifiiess  (formerly,  as  is  s;i  id,  the  Orb)  lias  arrived  at  IJaltimore,  liavinj; 
rt'tiniied  from  a  v«)ya;;(',  in  the  course  of  which  it  is  alle<ic<l  that  she  has 
(•oiiiiiiitte<l  depredations  upon  the  proi)erty  of  subjects  v  f  the  Kiiiji  of 
Spain.  It  is  also  stated  that  this  vessel  WJis  fitted  om  ai  'ind  saile<l  Irom 
lialtiiiiorc,  for  the  purpose  of  committiii};'  such  deprcd.ii  diis.  Vou  are 
r(t|ii('sted  to  impiire  into  these  charjjes,  and  transmit  ii II  the  information 
uMi  may  be  able  to  obtain  relative  to  the  true  cli;;  acter  and  objects  of 
tills  vessel,  the  conduct  of  those  liavin;;'  any  com  a  in  liei,  and  espe(M 
ally  what  car<>(.  or  articles  \ver«'  on  board  of  her  wlnii  she  arriv«'d, 
wliciicc,  as  lai  as  can  be  known,  they  were  obtained,  :um)  how  they  have 
lici'ii  il'sposed  of.  If  there  be  any  sullicient  [»roof  that  this  vessel  either 
has  coiamittcd,  or  that  slu^  intends  to  commit,  a  breach  of  any  of  the 
laws  or  treaties  of  the  Unite«l  States,  you  will  advise  with  tln'  district 
attorney,  and  cause  prosecuticms  to  be  forthwith  instituted  aji'ainsL  all 
parties  concerned,  and  such  other  steps  taken,  whether  with  a  view  to 
l>ii'veiit  or  i>unish  otleiises,  as  Justice  re«iuires,  and  the  laws  will  sanc- 
tion. 
!(!.')|  It  has  also  been  stated  that  a  certain  person,  *known  as  Can- 
tain  or  Commodore  Taylor,  was  some  time  ajio  eiij>a{''ed  in  IJalti- 
more in  litting  out  one  or  more  vessels  to  cruise  aj;ainst  the  <'ommerce 
of  Spain,  that  they  did  in  fact  afterward  so  cruise,  and  have  lately 
arrived  at  Nttrfolk,  and  that  there  is  reason  to  think  that  Captain  Taylor 
is  now  in  IJaltimore.  Should  you  be  able  to  ascertain  that  there  is  any 
t'ouiKlation  for  this  charj>e,  you  will  be  pleased  to  cause  the  law  to  be 
put  ill  force  against  him. 

KICILVriD  KHSII, 

At'tiiiff  ISticteta)!/ of  iSfate. 

•lAMES  H.  McCllLLOCII, 

Collector  of  Customs,  liaJtimon: 


Mr.  Zamorano,  iSpanish  consuI,  to  Mr.  McCulloch,  collector. 

Consulat:^  op  Spain, 

Baltimore,  April  14,  1817. 
kSiR:  Haviufj  V)eeu  informed  that  a  corvette-built  ship,  intended  as  a 
privateer,  has  dropped  dowu  the  river  for  the  purpose  of  arming  and 


472 


TKKATY    OF    WASHINGTON PAPERS    ACCOMPANYING 


i'l 


[I 


in()(;('('(lin<>'  to  sc.i  on  a  eviiiso  in  direct  opposition  to  the  aet  of  Conyross 
ol'tht'od  .Mai(;li,  ultimo,  and  tlio  exi.stinjjf  treaty  with  Spain,  I  take  tlic 
lil)ert.v  to  notify  you  of  this  circuinstanee  that  measures  may  be  taken 
to  prevent  their  infraction. 

I  have  the  lionor  to  be,  respectfully,  sir,  vour  most  obedient  servant. 

JOAQUIN  ZAMOIIANO. 
James  McCui.locii,  Ksfj., 

Collccto): 


[04]       *Mr.  McCuUoch^  coUrctor,  to  Mr.  Zamorano,  Spaiilsh  consul. 

CUSTOM-ITOUSK,  I5ALTIMORE, 

CoUcctoy\s  Office,  April  11,  1817. 
Sir:  If  you  can  name  the  vessel  and  specify  any  cireumstMnce  to 
warrant  the  i)roceeflin!f>',  immediate  attention  will  be  paid  to  the  object 
by  pursuin<>'  her  course  as  far  as  possible. 

Allow  me  to  say  tliat  if  your  note  just  received  resjjects  the  ship  Idas, 
.she  was  searched  by  me  in  consecpience  of  certain  suspicions  on  Satur- 
day eveninjj,  and  was  fouiu]  without  arms,  annnunition,  or  any  warlike 
e(piipment,  and  cleared  in  ballast  coastwise. 
I  am,  sir,  &c., 

J.  It.  MoCULLOCir. 
Don  Joaquin  Zamorano, 

(Jonaul  of  Spain. 


Mr.  McCiilloch,  collector,  to  Captain  Beard. 

CusTOM-ITousE,  Baltimore, 
Collector's  Office,  April  10,  1817. 

Sir  :  Information  has  been  j:>iven  me  tlurt  the  ship  Idas,  Fisher  master. 
which  cleared  heiu^e  on  the  12th  instant,  remains  below  the  nioutli  ot 
the  river,  and  that  her  ollicers  are  in  town  procuring;"  a  numl)er  of  men 
to  go  down  to  lu'r.  She  is  fitted  for  arminjij,  but  was  examined  before 
the  clearaiKie  and  found  to  have  no  arms  or  ammunition  on  board,  lunl 
suffered  to  proceed  to  Snow  Hill,  as  you  will  see  by  her  clearance. 
[05]  If  she  has  now  arms  or  *ammunitio!i  on  board  and  an  extra  nam 
ber  of  men,  y(ni  will  please  to  detain  her  and  bi'Ing"  her  back,  as 
she  cleared  in  ballast  for  a  ixu't  in  the  bay.  You  can  jud<»e  by  her  liav 
inj>'  on  board  additional  articles,  particularly  guns,  how  far  they  aj)!)!^!!! 
to  be  aetinj>;  fairly,  of  the  contrary  of  which  there  is  great  suspicion. 
But  if  she  appears  as  when  cleared,  lay  by  her  and  attend  her  till  she 
goes  into  the  district  of  her  destination,  and  then  inform  the  collector 
of  Snow  Hill  as  follows  : 

The  ship  Idas  is  informed  against  here  as  going  to  the  Taugiers  to  tit 
out  for  cruising.    The  names  are  spelled  as  they  appear  in  a  i)aper  befor<' 
me,  dement  Cathet,  master ;  Daniel  Armstrong,  Pristed  Davie.s,  ofli 
cers  :  Henry  Bunues,  master  of  arms  ;  J.  liover,  Tlios.  Wood,  1).  Proxon. 
foremastmen. 

You  will  suffer  no  vessel  to  board  her  carrying  guns  or  men,  hut 
detain  and  bring  them  back. 

JAMES  H.  Mcculloch. 

Alexander  Beard. 


COUNTER    CASE    OF    THE    UMTI'I)    STATES. 
Mr.  J.  H.  MeCuUoclt  to  Captain  Heard. 


473 


Custo:m-TTou.se,  Baltimore, 

Collector^  OJJicc,  Mai/  2,  1817. 

SiK :  Information  given  to-dav  states  that  a  nnnjber  of  nej»roos,  taken 
,iii  some  nnknown  vessel,  have  been   hinded  on  tiie  lowei- end  ot"  Kent 
Islaud,  or  in  the  bay  in  Talbot  Connty,  some  of  whom  i\,re  at  present  in 
llie  possession  or  enijdoy  of  a  Mr.  iladdaway,  in  one  or  other  of 
|C(>J     these  ])la(!es.     It  is  not  unlikely  that  ,i;o<)([s  *of  some  sort  are  also 
landed  in  the  same  nninner,  sapjmsed  from  the  privateer  Fourth 
of  July,  rejiorted  to  be  in  the  Chesapeake.     Yon  will  please  to  proceed 
iiii^iu'diately  to  as(M'rtaii  the  truth  of  these  declarations,  taking  with 
you  blank  warrants  of  search,  which  will  be  furnished  here  if  you  are 
without  them.     T.e  sure,  in  case  of  suflicient  information   beinj;  j>iven 
you,  to  obtain  warrants  from  a  nnij^istrate,  and   seize  the  <;-oods  or  ne- 
groes so  landed  a<;ainst  law  and  bring-  them  to  this  place  for  trial,  unless 
iircuinstances  require  trial  in  the  district  'where  they  may  be  taken, 
of  which  you  nuiy  be  informed,  if  in  the  neighborhood  of  any  judge  of 
a  court. 

It  is  likewise  necessary  to  make  incpiiry  after  the  ])rivateer,  bringing 
tlie  persons  or  goods  above  nuMitioned,  and  if  proof  o:' her  being  landed 
hy  her,  or  by  a  prize  of  her,  can  be  obtained,  it  is  necessary  to  detain 
and  l)ring  here  that  vessel  or  vessels,  if  your  force  is  adeipiate.  Appli- 
cation may  be  nuule  to  commander  of  the  militia  of  the  I'nited  States 
lor  assistance,  if  needed.  iJut  if  resistance  uneciual  to  your  force  be 
ottered,  it  v.'ill  be  proju'r  to  run  to  Norfolk  and  obtain  the  aid  of  any 
naval  or  military  force  tliere  for  the  prir|)ose  of  overcoming  any  unlaw- 
ful oppositi(m.  The  re\enue-cutter  of  Norfolk,  with  you,  maybr 
ilTJ  enough,  but  you  <'an  better  judge.  It  is  *i>referal)le  by  a  superior 
tbrce  to  awe  into  submission  rather  than  by  att('m]>ting  seizure 
with  a  smaller  force  to  occasion  a  conflict,  even  though  you  should 
think  it  probable  it  would  end  successfully.  Circumsrances  may,  how- 
I'vor,  even  recpiire  that  to  be  hazanled,  but  then  it  must  be  gone  through 
with  a  determination  that  will  leave  little  to  chance.  Remonstrance 
and  warning  must  be  previously  employed  in  the  worst  case  sui)posed. 
Hastilv,  vonrs, 

J.  11.  Mcculloch. 

Cai»tain  Alex.  Deakd. 


Mr.  McCullocli,  collector^  to  Captain  Beard. 

Custo'm-  1  loisE.  r> A r/rnior.E, 

CoU<'cfor'.s  Office,  June '21,  1819. 

Si^i :  It  is  necessary  that  you  seize  innnediately  and  bring  into  ])ort 
tor  trial  the  brig,  (formerly  the  Paz,)  now  l*arriota,<u' by  whatever  other 
ii'ime  known,  c(MiMmmde(l  by  Stafford,  and  also,  if  in  your  i)ower,  the 
j'lijf  Patiiota,  (formerly  the  For'tli  of  -I'dy,)  c<Hninanded  by  Thomas 
fiiyloi',  or  by  whosoever  else  ai)pears  as  captain  or  commander.  It 
iit'ver  was  contemplated  that  any  time  should  be  given  tlu^  vessel  you 
were  sent  after,  except  to  determine  to  enter  or  depart  from  the  limits 


'  Maryland  is  comproli<  luletl  in  one  law-district.    Of  conrse  all  oflfeuses  comuiitteil 
'liereiu  are  to  be  tried  in  BtUtiniore. 


474 


TRKATY    OF    WASHINGTON PAPERS    ACCOMPANYING 


*•»■ 


';t"  the  United  States,  aeeording  to  the  character  slie  iiiijjht  bear  of  a 
merchantniaii  or  cruiser.  You  mi:.st  make  the  attempt  to  seize 
|(>8J  these  vessels  at  anj-  rate,  and  if  resistance  is  ai)prehende(l,  ♦call 
on  the  ofhcer  of  the  Army,  Navy,  or  militia  of  the  Unitetl  States. 
as  has  been  already  directed  in  such  cases.  You  have  the  law  on  yom 
side,  and  must  proceed  decisively,  fearing  nothing,  though  acting  with. 
prudence  and  moderation. 

A  vessel  of  the  United  States  Navy,  it  is  expected,  will  be  in  readi- 
ness to  join  you  in  a  day  or  two,  as  reciuisition  has  been  made  for  that 
purpose.  But  do  not  wait  unless  deterred  by  a  greater  force  and  opixt 
sitiou. 

I  am,  liastily,  vour  obedient  servant, 

JAMES  II.  Mcculloch. 

Captain  Alexander  Beard. 


Mr.  Tngertioll,  district  attorney,  to  Mr.  Adams,  Sevretari/  of  State. 

Philadelphia,  yoremher  14, 1817. 

Sir  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  lottti. 
dated  the  —  instant,  and  will  endeavor  in  the  course  of  a  day  or  two  td 
report  a  statement  of  the  circumstances  of  the  arrest  and  detention  oi 
the  British  otlicers  now  in  conrtnement  here. 

In  the  meanwhile  1  beg  leave  to  lay  before  the  Presivlent  the  inclosed 
copy  of  a  note  presented  to  me  yesterday  respecting  the  brig  J'^lleu  and 

her  cargo,  now  under  seizure. 
\ii\)\  Every  measure  being  in  proper  train  for  *complying  with  the 
views  of  tli<^  Spanish  minister,  I  respectfully  submit  to  the  Ties 
ident's  cimside.ation  and  decision  the  propriety  of  releasing  this  vessel 
and  cargo  from  seix.ure  and  further  pi  secution,  on  condition  of  a  dis 
charge  of  the  nuinil  ions  of  war  on  board  of  her,  and  giving  suflieieiit 
security  that  her  future  destination  shall  be  according  to  law. 
I  remain,  &c., 

•       C.  J.  INGEKSOLL. 
Mr.  Adams, 

Sccrctari/  of  Stati: 


Mr.  Kemjuemt,  ii]}anish  consul,  (f)  to  Mr,  Ingcrsoll,  district  attorimj. 

riiiLADELPHiA,  November  l.'J,  1S17. 

Sir  :  T  have  the  honor  to  inform  you  that  I  have  received  an  otlieiid 

couununicatioji  from  his  excellency  J3on  Louis  de  Onis,  His  Catholii 

Majesty's   minister  pleniiwtentiary   and  envoy  extraordinary  near  the 

United  States,  relative  to  the  proceedings  instituted  against  the  brij; 

Ellen  and  her  cargo.     As  the  information  which  gave  rise  to  the  i)rocee(l 

ings  was  derived  through  the  medium  of  i)ersons  conneitted  with  His 

Majesty's  legation,  the  Chevalier  de  Onis  has  direc'ted  me  to  state  to 

you  in  his  name  that  whenever  the  munitions  of  war  are  discharged  from 

the  vessel  to  which  [  have  referred,  and  sullicient  secuiity  is  given  that 

her  future  destination  shall  be  conformable  to  law,  and  the  ami 

1 70]      cable  relations  that  happily  *subsist  between  the  United  States  and 

His  Catholic  Majesty,  it  will att'ord  him  great  satisfaitiou  that  the 


COUNTER    t'A.Si:    OF    THE    INITED    STATES. 


JLFLLOdl. 


475 


(twiiers  should  not  be  exposed  to  any  further  inconvenience.  You  will 
leadily  perceive  the  reasons  which  intlaence  his  excellencjy  on  this  occa- 
.siou,  and  that  wliile,  on  tlie  one  hand,  it  is  e(iually  his  iinrlination  and 
duty  to  jruard  a{»i»inst  attempts  alike  injurious  to  the  governnitMit  of  his 
sovereij^ii  and  the  neutrality  of  the  nation,  near  to  wiiich  he  is  accred- 
ited, he  has  no  desire  to  cause  inconvenience  or  loss  to  any  individual, 
and  least  of  all  to  the  merchants  of  Philadelphia,  who  have,  in  {ieneral, 
scnipuiously  abstained  from  these  expeditions.  You  will  be  pleased  to 
observe  that  this  communication  has  no  reference  whatever  US  the  olH- 
cers  who  are  in  custody  for  a  violation  of  the  laws  of  the  L^nited  States. 
1  have  the  honor  to  remain,  &c., 

B.  XENGUEMT. 
Chaules  Ingeksoll,  Esq. 


Mr.  Adams,  Secretary  of  State,  to  Mr.  IngersoU,  district  attorncij. 

Department  of  State, 

November  — ,  1817. 

Sir  :  Your  letter  of  the  14tli  of  this  month  has  been  received,  indos 
iiig  the  coi)y  of  one  addressed  to  you  in  behalf  of  the  Spanish  minister 
wiiich  states  that  as  soon  as  the  munitions  of  war  are  discliarned  from 
the  brij;-  Ellen,  iiovv  under  seizure  at  Philadelphia,  and  sutlicMent  security 
i>  given  that  her  future  destination  shall  oe  conformable  with  law,  tlu're 
will  be  no  objection  upon  his  part  to  the  release  of  this  vessel,  an<l  lam 
instructed  by  the  Piesident  to  communicate  to  you  his  assent  to  that 
measure  upon  the  condition  referred  to. 

JOHN  QUIXCY  A1)A:\1S. 

(.IIARLI^S    J.    IXGEUSOLL, 

United  States  Attorney  for  Fennsylrania  district. 


71]  *Mr.  IngersoU,  district  attorney,  to  Mr.  Adams,  Secretary  of  State. 

Philadelphia,  Xoremher  15,  1817. 

Siu  ;  I  have  the  honor  now  to  report  toyour  Dei»artm(iiit  a  statement 
••f  the  circumstances  of  the  arrest  and  detention  of  several  IJritish  otti- 
ct'is  in  conHnenuMit  at  riiiladelphia. 

On  the  li7tii  of  October,  the  Spanish  consul  broujiiit  to  my  oflice  Mr. 
.lohn  Williams,  a  British  subject,  who,  th(>  sanu'  day,  made  allidavit 
I'l'tore  a  magistrate  that  the  bri^-  Ellen,  laden  with  a  j;reat  <piantity  of 
leady-niade  clothin}>',  tos^'ther  with  arms,  a(;couterments,  appointments 
and  e(]uipments  com{)lete  for  one  or  more  reji'iments  of  cavalry,  for  the 
Involution  a  ry  army  in  South  America,  had  dropi)eddown  tiu>  river  Dela- 
ware from  the  port  of  Philadelphia  that  day,  for  the  i)urpose  of  sailing 
on  the  said  warlike  expedition  ;  that  Colonel  Needham,  Captain  Perkins, 
Captain  Farrier,  Captain  Holland,  Surgeon  Fry,  Li«Mitenant  (leorge 
Stacoy,  Lieutenant  Kichard  Stacey,  Lieutenant  Beaix,  Lieutenant  Web- 
•"^ter,  and  Lieuteiumt  Clarkes  were,  either  on  board  of  the  l^llen  or  at- 
tached to  her,  about  to  depart  on  the  said  warlike  expedition  ;  that  the 
J*aid  persons  had,  within  the  limits  of  the  United  States,  been  knowingly 
ronceriied  in  the  furnishing  and  fitting  out  the  said  brig  Ellen,  with 
intent  to  aid  and  co-operate  in  warlike  measures,  iu  the  service  of  cer- 


47G 


TKKATY    OF    WASHINGTON PAPERS    ACCOMPANYING 


t* 


■» 


[72]  tain  foiei.nii  states,  colonies,  and  i)eoi>le,  to  wit,  some  *oi)e  or  mor.. 
of  the  nivolted  colonies  of  Mexico  or  South  America,  ajiaiiist  tlic 
subjects  of  a  s{ate  with  whom  ihe  United  States  are  at  ])ea('e,  to  wit. 
Spain  ;  and  that  the  said  persons  then  held  commissions  Iroiii  some 
f(U'ei},ni  j^overnment  or  persons,  for  the  purpose  of  enabliaj;- them  to  wimv 
war  aj;ainst  Spain,  and  that  the  said  persons  had,  within  the  teiriloiy 
and  Jurisdiction  of  the  United  States,  been  knowinjiiy  concerned  in  adii- 
in<j  to  the  e(|uii)nu'nt,  solely  api)licablc  to  war,  of  tlie  said  brijn'  Kllcii. 

This  afiidav  it,  you  will  perceive,  sir,  implicated  the  accused  iu  chaijrc 
of  haviu{>-  violated — 

1.  Th(;  thiid  section  of  the  act  of  Congress,  date<l  the  5th  of  .Imic. 
1704,  entitled  "An  act  in  addition  to  the  act  for  the  punishment  of  cti 
tain  Climes  against  the  United  States." 

i.*.  The  tifth  section  of  the  same  act  of  Conj;Tess. 

3.  The  first  section  of  the  act  of  Congress,  dated  the  3d  of  ^rardi, 
1817,  entitletl  "xVn  act  more  ett'ectually  to  preserve  the  neutral  nilations 
of  the  United  States." 

On  this  allidavit  the  magistrate  issued  his  warrant  in  the  afternoon 
of  the  -J7th  ultimo.  All  the  accused  were  api)rehended  that  eveniiiij,  ex 
cept  ]\Ir.  Farrier,  who  escaped  by  [light  from  the  pursuit  of  tin- 
[73]  marshal  and  his  deputies,  to  *whom  the  service  of  the  process 
was  intrusted.  Mr.  Farrier  was  afterward  taken,  on  th«>  LMtth 
of  the  mouth.  The  others  enjoyed  the  legal  opportunity  of  a  full  ex- 
amination of  Mr.  Williams,  and  also  another  witness  against  tlioiii. 
Mr.  Peter  Ilogau,  anothei-of  their  military  comrades,  then  for  tlio  lirsr 
time  ap{)earing,  with  both  of  whom  the  ollicers  were  confronted  in  tln' 
magistrate's  office  during  a  thorough  investigation  of  the  causes  of  tlic 
pro<eeding.  The  result  was  his  satisfaction  in  these  <:auses,  and  their 
commitment  to  prison,  as  they  de<^lared  their  inability  to  give  bail. 

On  the  morning  of  the  2I)th  of  Oi'tobev  having  in  the  interim  pro- 
cured counsel,  as  1  understood,  through  the  agency  of  the  British  consul. 
they  ai)plied,  by  i)etition  to  the  circuit  court  of  the  United  States  I'oi 
this  district,  then  in  session,  for  a  writ  of  habeas  corpus,  which  was 
immediately  awarded,  and  made  returnable  the  same  afternouii,  tliat 
being  the  time  fixed  by  the  counsel  of  the  applicants.  At  the  time  thus 
appointed  ihe  regular  business  of  the  court  w'as  suspended  for  two 
days,  during  which  the  causes  of  commitment  were  elaborately  inquircil 
into,  a  great  nuiny  witnesses  examined  on  both  sides,  and  the  case  (If 

liberately  discussed  and  considered. 
[74]  *Jt  appeared  iu  evidence  that  the  accnsed  had  openly  end)0(li<Hl 

themselves,  together  with  Messrs.  Williams  and  Hogan,  in  tlif 
course  of  tlie  last  summer,  at  Brussels,  as  ollicers  of  a  cavalry  regiinoiit 
to  be  employed  iu  the  service  of  the  revolutionists  of  South  Anioricii: 
that,  not  liuding  a  direct  conveyance  from  Antwerp,  where  tiu\v  em 
barkcil,  to  any  place  iu  the  neighborhood  of  the  headquarters  of  Gen 
eral  Bolivar,  they  sailed  on  board  an  American  vessel  for  the  United 
States,  in  (uder  to  proceed  from  here  to  the  scene  of  warlike  action: 
that  they  brought  with  them,  each  man,  a  comi>lete  cavalry  equi|niieut; 
that  they  continued,  in  the  original  organization  of  their  expedition. 
united  in  a  military  band  in  this  country,  and  this  city,  where  thev 
were  drilled  every  day,  at  the  colonel's  quarters,  in  military  disciidine; 
that  Colonel  Needham  had  re-enlisted  Mr.  Hogan  iu  this  country  t« 
serve  iu  his  regiment  in  South  America;  and  that  their  passages  woi'o 
all  taken  and  paid  for,  or  engaged  to  be  paid  for,  on  board  of  the  bris 
Ellen,  whos<'  owners  contracted  to  supply  them  with  stores,  and  bad 
constructed  temporary  berths  for  their  accommodation  during  the  voy- 


COUNTER    CASK    OF    THE    I'MTED    STATES. 


477 


uj>e;  that  the  brij?  Ellen   was  chviulostinely  loaded  with  larye 

[751     quantities  of  j-nnpowder,  muskets,  pistols,   *cannon-balls  and 

shot,  military  elothinj]^,  drums  and  trumpets,  and   with  a  dis- 

i.iiised  manifest  cleared  out,  ostensibly  for  fc^iirinani,  but   really  for  La 

riiiayra,  should  it  be  found  in  the  possession  of  the  revolutionists. 

It  hut  her  appeared  in  evidence  that,  while  on  board  of  the  Ameri- 
ciin  vessel  in  which  the  accused  came  from  Antwerp  to  New  London, 
several  of  them,  il"  not  all,  had  been  {inilty  o  what  our  law  di':iominates 
K'volt  on  the  hiyh  s(»as  and  conlinement  of  the  master  of  the  vessel  in 
wliicli  tliey  were  passcn;;ers. 

Tims,  besides  the  three  specific;  charji'es  disclosed  by  the  atlidavit  on 
wliicli  their  commitment  was  founded,  it  appeared  that  they  were  liable 
to  indictment  for — 

1.  A  violation  ofthe  secon<l  section  of  the  act  of  Congress  before  men- 
tioned, dated  the  oth  of  June,  171)4. 

2.  A  violation  of  the  eighth  section  of  the  act  of  Congress  dated  the 
;iOth  of  A|>ril,  17iM»,  entitled  an  "Act  for  the  punishment  of  certain  crimes 
against  the  L'uited  iStates." 

;;.  A  violation  of  the  twelfth  section  of  the  last-mentioned  act  of  Con- 
,;;i'ess. 

After  hearing  all  that  could  be  said  by  eminent  counsel  in  their 

ill]      behalf,  the  court  *pronoanced  its  opinion  that  there  was  cause  for 

the  commitment,  and  ordered  the  petitioners  to  be  remanded  to 

in'ison  uidess  they  gave  bail,  each  one  in  the  sum  of  $.'),000,  for  appeai'- 

iiiice  at  the  time  of  trial. 

Not  having  been  able  to  attbrd  this  bail,  as  I  snj)pose,  they  have  since 
rt'inained  in  conHnement.  Their  treatment  in  custody  and  at  all  times 
ami  in  all  things  since  their  arrest,  1  have  reason  to  believe  has  been 
iiiarkod  by  the  liberality  and  indulgences  which  characterize  the  insti- 
iiitions  and  officers  of  this  country  to  men  in  such  situations,  and,  ad 
vcitiiig  to  the  severe  pecuniary  penalties  in  addition  to  the  personal 
puiiislnnents  with  which  the  different  sections  of  the  violated  laws  are 
armed  against  the  misdemeanors  in  question,  you  will  not  fail  to  observe 
tliat  the  bail  was  lixed  by  the  court  at  the  most  moderate  amount. 

The  President  may  rest  assured,  sir,  that  nothing  has  been  or  will  be 
omitted  to  alleviate  their  predicament.  Their  custody  is  as  liberal  as  is 
lompatible  with  their  detention  for  trial. 

It  happened  quite  unfortunately  for  them,  as  resj)ects  the  period 
!  T7J  of  their  imprisonment,  *that  the  grand  Jury  wasdiscduirged  a  da,v 
or  two  before  the  arrest  of  these  persons,  who  would,  other- 
wise, have  t»een  put  on  their  trial  immediately.  But  a  si)ecial  court 
;tu  that  particular  puri»ose  has  be<'n  ordered  for  the  15th  of  December, 
instead  of  the  '^^h  of  April,  when  the  stated  session  will  be  hehl ;  and 
1  am  informed  tnat  this  unusual  act  of  accommodation  to  prisoners  has 
not  been  fouud  consistent  with  the  multifarh)us  business  of  the  court 
tor  the  last  fifteen  years,  uor  can  it  now  be  granted  without  both  public 
mul  private  inconvenience. 

There  are  considerations  of  the  gravest  character  connected  with  the 
l»i'oposed  special  session  which  may,  perhaps,  prevent  its  taking  phuic. 
i'lie  circuit  Judge  cannot  attend  it  by  reason  of  his  indispensable  engage- 
meuts  elsewhere  as  a  member  of  the  supreme  court,  and  it  is  <piestion- 
able  whether  the  district  judge  has  authority  to  hold  a  circuit  court  alone. 
h  would  not  be  proper  hastily  to  expose  the  jurisdiction  of  this  import- 
ant court  to  such  a  disparagemeut,  if  it  is  really  to  be  appreliended.  It 
«ould  answer  the  ends  of  the  prisoners  as  little  as  it  would  those  of  the 
Soueral  aduiiuistratiou  of  justice,  thus  to  draw  its  permaueut  useful- 


47« 

[78] 


TREATY    OF    WASHINGTON PAPERS    ACCOMPANYING 


lu'ss  into  question  and  contit)ver.sy,*forthe  siikcof  imlnli^iDo  juis- 
oiM'is,  whose  case  is  not  lianlei- than  that  of  most  others,  (piirtir 
uhul.v  the  needy  and  unprotected,)  with  an  extraonlinary  trial.  Hut  tlir 
Jud^e  wliose  rcsi)e(;t  tor  his  station  and  his  duty  snj;j>ests  to  Iiiiii  tlicsc 
anticipations,  as  animated  on  this  as  on  all  occasions,  with  the  best  dis 
position  to  administer  justu;e  with  the  mercy  of  promi)titude ;  and  lie 
will,  no  douht,  undertake  alone  the  laborious  and  responsible  fiUKitioiis 
of  the  si)e('ial  session,  unless,  iu  his  rleliberate  Judgment,  there  should 
be  satisfactiuy  reasons  for  referring-  this  case,  like  all  others  that  have 
been  tried  in  this  district  for  the  last  fifteen  years,  to  the  regular  and 
stated  session  of  the  ccnut,  constituted  as  heretofore. 

I  have  the  honor  to  remain,  sir,  with  great  consideration,  your  obedi 
ent  servant, 

C.  ,\.  INGEllSOLL. 
Hon.  John  Quinoy  Adams, 

Secretary  of  the  Jkpartment  of  /State. 


R"] 


^[r.  Adams,  Secretary  of  State,  to  (listrief  attorneys. 

[Ciicnhvr.] 


Department  of  State, 

December  13,  1817. 

Sir  :  1  have  to  lecjuest  you  to  transmit  to  this  Department,  at  as  early 
a  day  as  you  may  lind  con\  enient,  a  statement  of  every  case  in  wliicli 
you  lutve,  since  the  last  session  of  Congress,  instituted  a  process  beforf 
the  courts  of  the  United  States,  for  the  execution  of  the  laws  to  enfonr 
a  due  observance  of  the  neutral  obligations  of  the  United  States  in  llic 
contest  between  Si)ain  and  the  American  Provinces,  claimed  by  her  as 
colonies;  s[)ecifying  those  iu  which  ,>ouhavc  i)roceeded  in  conseqiienci' 
of  applications  from  the  Spanish  consuls,  together  with  the  decisions  of 
the  courts  in  the  cases  uiioii  \vhich  anv  decision  has  been  had. 

JOHN  (^UlNCY  ADAMJ-^. 

United  States  District  Attorneys 

At  Nen-   Orleans,  (feorffia,  Charle.ston,  Sonth   Carolina,  BaJtiinon. 
PUUadeliihia,  ^eir  YorK\  Hoston,  I'ortsmouth,  and  Rhode  Island. 


[SO I      *Mr.  Eohhins,  district  attorney,  to  Mr.  Adams,  Secretary  of  St'di- 

Neavport,  Kiiode  Island, 
District  Attorney's  Office,  December  2:\,  1817. 

Sir  :  I  have  just  received  your  letter  of  the  loth  instant,  and  hasten 
to  communicate  the  inlornjation  therein  requested. 

In  July  last,  a  Spani.sh  shij)  called  the  St.  Ivonuins,  and  prize  to  a 
Buenos  Ayres  privateer,  was  found  within  the  waters  of  this  district,  at 
Block  Island,  disi)osing  of  her  cargo  by  retail  to  the  inhabitants  of  that 
island.  The  ship  and  cargo,  so  tar  as  the  latter  could  be,  were  seiznl 
and  carried  first  to  tjie  Connecticut  district,  and  thence  brought  to  tlii^? 
district,  and  have  been  libeled  here  as  forfeited  to  the  United  Statet=. 
under  tlie  act  entitled  an  act  to  regulate  the  collection  of  duties  on  m- 
ports  and  tonnage,  passed  the  2d  March,  1798. 


COUNTER    CASE    OF   THE    INITED    STATES. 


47!> 


Mr.  ^fjiLagambn,  the  Spanish  consul,  residing  within  this  district,  has 
;ilsu  Ibcled  the  same  property  on  behalf  of  the  orij^inal  Spanish  owners, 
and  has  filed  a  claim  against  the  libel  before  nu'ntioned  of  the 
1,S1|  United  States.  1  have  also  filed  a*claini  in  behalf  of  the  I7nite<l 
States  against  the  libel  of  the  Spanish  consul.  JJoth  cases  are 
still  peiuling  in  our  district  court,  and  stand  for  trial  at  the  term  to  be 
liolden  the  first  Tuesday  of  February  next.  The  laws  to  jnu'serve  the  neu- 
tml  relations  of  the  United  States  are  not  at  all  involved  in  the  ground  of 
tho  libel  of  the  United  States,  but  some  considerations  of  them,  however, 
niiiy  incidentally  arise  in  discussing  the  Spanish  claim.  The  libel  of  the 
Spaiiisli  consul  will  i»robably  be  attempted  to  be  enlbnjcd  on  the  ground 
of  those  laws.  As  the  libels  are  adverse,  it  is  unnecu'ssary  to  say  that 
the  libel  of  the  United  States  was  not  instituted  on  the  application  of 
the  Spanish  consul. 

Ill  September  last,  a  schooner  called  the  1>,  an  American  registered 
vessel,  with  some  armament  and  l.'{  men,  cleared  out  from  Ibistol,  in  this 
State,  for  the  West  Indies.  Some  days  after,  sh(^  being  found  hovering 
1)11  the  coast  and  augaienting  her  force,  the  colh'ctor  of  this  port  sent 
tiie  revenue-cutter  to  seize  and  bring  her  in.  Thes(^  orders  were  exe- 
cuted, and  at  the  request  of  the  collectoi-  I  libeled  the  vessel 
l>S2]  as  forfeited  to  the  United  States,  under  the*act  entitled  "An  act 
more  effectually  to  preserve  the  neutral  relations  of  the  United 
States,"  passed  the  3d  jMarch,  1817.  This  libel  has  been  tried,  and  the 
lu'operty  condemne<l  in  the  district  court  of  this  district,  but  is  now 
l>eiuliiig  by  appeal  in  the  circuit  court,  and  stands  for  final  trial  at  the 
term  to  be  liolden  the  loth  June  next,  which  trial  is  to  be  final  by  agree- 
ment of  the  parties. 

I  have  also,  at  the  request  of  the  collector  of  this  port,  preferred  an 

iiidictuient  against  Jones,  owner  and  master  of  said  schooner, 

under  the  last-mentioned  act,  which  indictment  h-is  been  found  and  con- 
tinned  to  the  next  June  term  of  the  circuit  court. 

The  Spanish  consul  has  not  moved  at  all  in  the  business  of  this  libel 
iir  indictmiMit  to  my  knowledge  or  belief. 

These  cases  embrace  all  the  proceedings  whi(;h  have  been  had  in  this 
ilistriet  since  the  last  session  of  Congress,  involving  any  question  upon 
tlie  hnvs  made  to  preserve  the  neutral  relations  of  the  United  States. 

With  the  most  perfect  esteem,  I  have  the  honor  to  be,  your  obedient 
servant, 

ASHEK  KOBBINS. 

Hon.  John  Qutncy  Adams, 

Secretary  of  State,  UiV'ed  Staten. 


!  ■.:? 


'4 

il 


"^.'^l  *Mr.  Davic'fi,  district  attorney,  to  Mr.  Adams,  Secretary  of  State. 

SavinnAII,  January  2,  1818. 
Sir  :  Since  the  last  session  of  Congress  I  have,  in  two  instances  only, 
instituted  process  before  the  courts  of  the  United  States  for  the  execu- 
tion of  the  laws  to  enforce  a  due  observance  of  the  neutral  obligations 
ot  the  United  States  in  the  contest  between  Spain  and  tho  American 
I'lovinces  claimed  by  her  as  colonies.  In  both  instances  the  vessels 
I'loceeded  against  were  seized  and  detained  by  the  United  States  brig 
'^aranac,  and  I  acted  on  the  information  of  her  commander,  Mr.  H. 
I'lton,  having  in  no  instance  bad  any  application  made  to  me  on  thin 
•^iihject  by  a  Spanish  consul. 


480 


TREATY    OF    WASHINGTON PAPERS    Af'COMPANYINC; 


Itfp.l 


Ills 


tf!i:li|| 


TIic  first  was  tlie  case  of  tlio  soliooncr  Iris.  Tiiis  vessel,  it  appeared, 
was  f'ortnerly  called  the  AstuUa,  Hailin<r  under  Spanish  colors,  and  was 
captured  on  a  voyaffc  fron«  or  to  the  coast  of  Africa,  hy  a  privateer 
under  Mexican  <'oiors.  She  was  afterward  seized  and  <lctaincd  hy  ov.v 
«if  the  United  States  vessels  of  war  and  sent  into  the  Port  of  New 
Orleans,  wlicro  siic  was  liluded  in  behalf  of  her  Spanish  owncis.  and 
restitution  claimed  on  tiie  jiround  that  the  ^Mexican  privateer  by  wliicli 
she  had   been   captured  had  been   e(inipped   in  the  i»ort  of  Ncv  Or- 

leans.  Pentlinj*  the  jjroceedin^s  she  was  sold  in  virtue  of  an 
J84J      *interlocutory  decree  of  the  court  ot'adnuralty,  and  was  piucliased 

by  a  Mr.  J)uplessis,  who  afterwaid  disi)osed  of  a  moiety  of  iiei 
to  51  Mr.  Duncan.  At  the  time  she  was  sent  into  New  Orleans  siie  had 
two  lur^^^  }»uns  mounted  on  her  quartei'-deck,  besides  a  quantity  ot 
])owder  and  provisions  on  board,  consistin<;  of  pork,  tlour,  «&c.  At  the 
time  she  was  seized  by  the  Saranac  there  were  foiuid  on  board,  eon- 
cealed  in  the  hold,  twelve  or  fourteen  more  large  yuns,  which  nioHt  of 
the  witnesses,  examined  on  the  part  of  the  claimant,  testilied  were  on 
l»oard  at  tiie  time  she  was  sent  into  New  Orleans;  but  they  were  not 
mentioned  in  the  inventory  delivered  by  the  marshal  to  tlu^  purchaser. 
Mr.  JJu[)lessis.  Tlu' other  articles  were  mentioned,  viz,  the  two  mounted 
guns,  tiie  powder,  and  the  provisions.  After  tlie  |>urchase  by  'Slv. 
Duplessis,  the  vessel  underwent  some  tvitting  repairs  and  sailed  from 
New  Orleans,  bound  ostensibly  for  St.  Clary's;  but  it  was  admitted  by 
Mr.  Dupdessis  that  his  intention  was  to  go  to  Amelia,  if  on  his  anivaloil 
that  place  it  should  have  been  found  in  the  possession  of  the  "])atriot.s." 
On  the  arrival  of  the  vessel  at  the  port  of  Funandisa,  that  place  was 
in  possession  of  (leneral  McGregor,  and  she  was  tak<Mi  by  the  Saranac 

when  going  into  that  port.  At  the  time  other  sailing  from  New 
j8i5]      Orleans  she  had  on  board  *the  owner,  Mr.  Duplessis,  the  cajttain. 

and  ten  men  before  the  mast,  besides  four  other  i)erson.s  who 
were  called  liassengers.  The  acting  cai>tain  at  the  time  they  left  New 
Orleans  testitied  on  the  trial  that  he  had  undei'stood  from  these  four 
men  that  they  held  conunissions  in  the  "patriot"  service,  and  were 
going  to  Amelia  to  be  employed.  One  of  them  acted  as  mate  dnrini: 
the  voyage,  and  one  other  testitied  that  before  the  vessel  sailed  it  was 
agreed  between  Duplessis  and  himself  that  he  should  have  the  com- 
mand as  soon  as  they  were  at  sea;  that  he  did  ac«;ordingly  take  the 
command  a  short  time  after  sailing;  and  that  he  would  have  taken  the 
command  at  New  Orleans,  but,  holding  a  commission  in  the  patriot 
service  and  disclaiming  to  be  an  American  citizen,  he  could  not  eleai 
the  vessel.  Tliis  man  also  testified  that  it  was  understood  between 
Duplessis  and  himself  that  he  should  become  the  purchaser  of  the  ves 
set  on  her  arrival  at  Amelia  or  St.  Clary's,  and  Duplessis  alleged  in  his 
answer  that  it  was  his  intention  to  make  sale  of  her  on  his  arrival  at 
either  of  these  i)laces.  The  log-book  was  very  imi)erfect,  containiiifi 
the  oceurrences  of  but  a  part  of  the  voyage.     On  one  day,  according  to 

the  log-book,  a  vessel  was  discovered  and  all  sail  was  made  in 
[80]      chase;  this  latter  remark  was  obliterated,  *and  all  the  witnesses 

swore  that  no  such  circumstance  occurred,  but  that,  on  the  con- 
trary, they  avoided  all  vessels  that  they  could  during  the  voyage.  The 
libel  against  the  vessel  was  founded  upon  the  act  of  March,  1817.  She 
was  acquitted  before  the  district  court,  but  condemned  before  the  cir 
cuit  court. 

The  other  is  the  case  of  the  Hornet.  This  vessel  was  formerly  an 
American  privateer  called  the  Traveller.  Some  time  in  the  course  of  the 
past  year  she  was  fitted  and  equipped  as  a  privateer  in  the  Delaware. 


COUNTER  CASE   OF   THE   UNITED   STATES. 


481 


Her  men,  (according  to  the  testimony,)  together  with  her  equipments, 
were  sbipped  and  procured  at  Philadelphia,  and  sent  down  to  the  vessel 
in  oyster-boats  and  other  small  craft.  Four  or  five  days  alter  sailing 
the  name  Traveller  was  obliterated  and  she  assumed  the  name  of  Hornet 
and  hoisted  the  colors  of  Sir  George  McGregor,  and  commenced  her 
cruise.  During  the  cruise  the  men  mutinied,  and,  while  in  this  state, 
the  vessel  was  taken  possession  of  by  Captain  Elton,  on  the  St.  Mary'a 
station,  and  sent  in.  There  was  a  condemnation  before  the  district 
court,  and  an  appeal  was  taken  to  the  circuit  court,  where  it  is  still 

pending. 
[871        *Perhaps  a  particular  statement  of  the  facts  in  relation  to  these 

cases  was  not  required  from  me,  but  being  in  doubt  on  this  sub- 
ject I  liave  given  them  according  to  the  best  information  which  I  have 
been  enabled  to  acquire,  from  the  testimony  collected  and  ottered  to 
theconits  before  which  the  cases  have  been  heard. 

I  am,  yours,  &c.,  &c., 

WILLIAM  DAVIES. 
Hon.  John  Quincy  Adams, 

Secretary  of  State. 


Mr.  2IcCuUoch,  collector,  to  Captain  Beard. 

CUSTOM-IIOUSE,   liALTIMOllE, 

Collector's  Ojjrwe,  April  22,  181S. 

Sir:  The  brig  you  speak  of  as  a  Spanish  vessel,  prize  to  a  Buenos 
Ayrean  vessel  of  war,  nuiy  come  up  and  enter  as  a  merchantman,  if  in 
need  of  any  supplies  for  the  crew  or  repairs  to  enable  the  vessel  to  navi- 
gate safely,  but  an  officer  must  be  put  on  board  to  prevent  ii'iy thing 
being  landed  until  she  is  ready  to  depart  from  the  United  States. 

Au  ins[)ector  of  the  customs  will  peiform  this  duty,  and  go  down  for 
the  purpose. 

JAMES  IL  jMcCULLOCH. 

Captain  Alexander  Beard. 


*  United  States  Neutrality  Act  of  April  20,  1818. 

[This  act  is  already  printed  in  the  United  States  Documents,  Vol. 
iv,  p.  90.] 


Mr.  Monroe,  Secretary  cf  State,  to  Mr.  Fish,  district  attorney. 

Department  of  State, 

July  20,  1818. 

Siu:  The  Chevalier  de  Onis  has  represented  to  this  department  that 
fhe  owners  of  the  American  privateer,  the  True-Blooded  Yankee,  are 
fitting  her  out  in  New  York  to  cruise  off  the  harbor  of  Cadiz,  in  Spain, 
under  the  flag  of  the  government  of  Buenos  Ayres,  with  a  view  to  the 
capture  of  the  vessels  of  his  sovereign  and  of  the  subjects  of  the  Crown 
of  Spain.  You  will  lowe  no  time  in  setting  on  foot  the  necessary  inquiry 
in  relation  to  the  facts  alleged  by  the  Chevalier  de  Onis,  aiid  In  taking 
31a 


482 


TIJEATY    OF    WASIflNOTON PAPERS    ACCOMPANYING 


« 

■■'  r '  ■ 

'1 

ii! 

'.] 

H; 

■'t-r 

:i 

iii 

■"., 

,' 

til 


m 


the  piopor  mcasun's  to  frustrate  the  i>lan  of  the  atl venturers,  if  his 
information  is  found  to  be  eorrect.     You  will  likewise  in  this  case  insti 
tute  the  iiroper  legal  remedies  for  the  punishment  of  this  violation  ot 
the  law,  and  make  a  statement  to  this  JJepartment  of  the  result  of  your 
juquiries  and  of  the  steps  you  shall  have  taken. 

JAMES  MONIJOE. 
Jonathan  Fish,  Ksci. 


Mr.  ]yirf,  Attorney-General,  to  the  President. 

Officj]  of  the  Attokney'-Geneual 
OF  THE  United  States, 
[80]     ^  *Septemher  10,  ISIS. 

Sill :  The  eause  of  the  Corony,  Captain  Saunders,  seized  at  Savamiali, 
on  a  eharjre  of  having  been  fitted  out  in  a  port  of  the  United  States  to 
cruise  against  the  King  of  Spain,  with  whom  we  are  at  peace,  has  been 
submitted  by  the  Secretary  of  State  for  my  opinion,  and,  in  his  absence, 
I  take  the  liberty  of  communicating  the  opinion  directly  to  you. 

Captain  Saunders  api)lies  for  an  order  to  discharge  his  vessel  from 
furtlier  i)rosecution,  on  the  ground  that  she  is  a  legitimate  armed  ves- 
sel, lawfully  sailing  under  the  flag  of  tlie  republic  of  Venezuela,  and 
regularly  commissioned  by  Admiral  Brion.  Although  both  the  state- 
ment and  the  documents  furnished  by  Captain  Saunders  are  entirely  ci 
parte,  yet,  from  his  own  showing,  I  consider  it  a  fair  case  for  adjudica 
tion ;  for  in  his  letter  to  the  Secretary  of  State  he  admits  that  the 
Corony  is  the  same  vessel  which,  on  the  Ist  day  of  April  last,  cleared 
out  from  the  custom-house  at  Savannah,  with  the  munitions  of  war  then 
on  board  with  which  she  was  apprehended ;  and  by  reference  to  the 
manifest  which  he  incloses  in  his  letter  in  support,  it  is  i)resuuied,  oi" 
this  assertion,  it  will  be  found  that  she  then  -,>ared  out  under  the  name 
of  the  FeJir,  having  on  board  three  cases  of  muskets,  two  four-pound 

and  two  six-pound  cannon  with  carriages,  sixteen  kegs  of  powder, 
[OOJ      and  no  other  cargo  except  *sea-store8;  and  he  admits  that,  thus 

armed,  she  took  a  commission  to  cruise  against  the  subjects  of  the 
King  of  Spain,  and  did  sail  upon  such  cruise.  At  this  time  the  act  to 
prevent  citizens  of  the  United  States  from  privateering  against  nations 
in  amity  with,  or  against  the  citizens  of,  the  United  States,  and  the  act 
passed  the  3d  of  March,  1817,  "more  eflectually  to  preserve  the  neutral 
relations  of  the  United  States,"  were  both  in  force,  the  provisions  of 
which  are  familiar  to  you;  and  I,  therefore,  think  it  unnecessary  to  say 
more  than  that,  in  my-  opinion,  the  case  of  the  Corony  is  a  lit  case  for 
adjudication,  and  by  no  means  one  which  calls  for  tlie  extraordinary 
interference  of  the  Government. 

To  enable  you  the  more  readily  to  test  the  accuracy  of  this  opinion  by 
the  facts  communicated  by  Captain  Saunders,  1  inclose  his  letter  to  the 
Secretary  of  State,  with  the  documents  which  that  letter  covered. 

I  have  the  honor  to  be,  &c., 

WM.  WIKT. 
The  President  of  the  United  States. 


COUNTER   CASK    OF    THE    UNITED    STATES.  483 

[IncloMnn'.] 
Captain  Saxindcrn  to  Mr.  Adamn,  tStcntary  of  State. 

Savannah,  July^  ISIS. 

tjiR:  I  i>ray  you  to  lay  bet'oro  his  Excellency  tlie  President  of  tlio 
United  States  the  inclosed  documents.  I  submit  the  ease  of  the 
[111]  Colony  to  his  consideration  •under  the  belief  that  it  is  a  i>roper 
subject  f(U'  the  interposition  of  the  Government,  and  that  his 
cxcollciicj',  under  the  representations  made,  will  be  pleased  to  direct 
t!io  United  States  ollicer  to  release  the  vessel  from  the  jjreseut  arrest 
and  process.  The  Corony  is  regularly  commissioned,  aiul  has  done  no 
act  since  that  period  that  cotdd  upon  any  ground  support  a  libel  against 
her  in  an  admiralty  court  of  the  United  States,  unless  it  is  determined 
to  (louht  the  authority  to  cruise  uiuler  the  Hag  and  commission  of  Ven- 
ezuela. This  vessel  has  sailed  in  company  with  the  United  States  ves- 
sel, the  Hornet,  and  until  the  seizure  under  the  vague  and  unsupported 
allegation  of  being  fitted  out  and  armed  within  the  limits  of  the  United 
States,  her  flag  and  commission  have  been  respected  wherever  she  has 
been.  A  reference  to  the  custom-house  of  this  district  will  show  that 
she  was  permitted  to  sail  from  this  port  with  the  munitions  then  on 
board ;  that  she  had  no  guns  mounted  or  was  in  a  state  or  condition  to 
comniit  hostilities.  She  received  her  armament  and  commission  at 
Margaritta,  and  sailed  in  the  full  conhdence  (particularly  as  she  bronglit 
(lispatclies  from  Captain  Iteid  to  this  Government)  of  not  being  molested 
ill  the  United  States.  The  Corony  is  now  in  possession  of  the  mar- 
shal, and  with  this  expense  is  incurred  the  very  serious  one 
|1I2J  *of  supporting  the  crew  until  some  decision  is  obtained  from  the 
court  or  the  Gov  ernment.  There  is  no  acting  district  judge,  and 
eonsofpiently  I  am  compelled  to  waic  for  the  judgment  of  the  court, 
which  may  not  be  expected  before  December,  the  period  assigned  for 
the  session  of  the  circuit  court.  Unless,  then,  it  is  in  the  power  of  the 
President  to  alford  me  the  relief  solicited,  the  vessel  and  her  armament 
will  be  abandoned,  and  redress  sought  for  against  the  arresting  officer. 
[  have  the  honor  to  be,  «Jfec., 

\VM.  SAUNDERS. 
Hon.  J.  Q.  Adams, 

tSccretary  of  State. 

Inclosures:  Manifest  of  schooner  Felix,  (coi)y;)  protest  and  allidavits 
of  W.  S.,  (copy;)  comuiission  and  instructions  of  W.  S.,  (copy.) 


''  fS 


m 


Mr.  Wirt,  Attorncy-Uvneral,  to  Mr.  Glenn,  district  attorney. 

Washington,  October  12,  ISIS. 

Deaii  Sir  :  I  And  on  rny  table  this  morning  yours  of  the  Dth  instant. 
Whether  I  can  take  part  in  the  prosecutions  will  depend  on  the  case 
you  siiall  be  able  to  make  by  your  evidence.  The  Government  is  sin- 
cerely and  earnestly  desirous' to  fulfill  the  pledge  of  neutrality  as  to  the 

South  American  contest,  which  it  has  given  to  tbe  world,  and  if 
[93]     it  shall  appear  that  our  citizens  have  interfered  *in  this  contest 

in  violation  of  existing  laws,  you  may  rely  upon  my  professional 
assistance.    But  I  must  know  what  the  proof  will  be  before  I  can 


484 


TREATY    OF    WASHINGTON PAPERS    ACCOMPANYING 


engage,  and  this  same  knowledge  you  will  readily  perceive  is  nece.saary 
before  I  can  exproHs  iiny  opinion  as  to  tlic  mode  of  indicting. 

You  will  bo  80  good,  therefore,  as  to  furnish  nie  copies  of  any  informa- 
tion you  may  receive  which  brings  the  case  under  either  of  the  laws,  in 
order  that  I  may  give  you  the  aid  you  re(piire;  and  in  the  mean  time  it 
may  not  bo  amiss  to  state  to  the  Secretary  of  State  your  wish  for  my 
assistance. 

Yours,  with  groat  resi)ect,  «&c., 

W^r.  WIRT, 
Attorney- (jcneral. 
Eli  AS  Glenn,  Esq., 

Jtaltimorc. 


-il    '- 


Mr'.  Glenn,  district  attorney,  to  Mr.  Adams,  Secretary  of  State. 

BALTIMOUE,  October,  1818. 

Sir:  Warrants  have  been  issued  by  the  district  judge  of  Maryland 
against  several  men  of  aoiue  standing  in  society  for  having,  in  the  year 
181G,  been  concerned  in  fitting  out  a  i)rivateer  called  the  Fourth  of  July, 
alias  the  Fortuna,  with  intent  to  employ  such  vessel  in  the  service 
of  Buenos  Ayies  and  of  Artigas,  to  commit  hostilities  upon 
[94]  *tlie  subjects  of  the  Kings  of  Spain  and  Portugal.  Upon  these 
warrants  the  piirties  charged  have  been  arrested  and  recognized 
to  appear  on  the  7th  of  November  next,  when  the  subject  will  be  pre- 
sented to  the  grand  jury,  when  I  presume  inditttments  will  be  found. 
Upon  these  indictments  the  parties  charged  will  be  tried. 

As  the  trial  will  involve  many  important  questions,  which  will  readily 
present  tlunnselves  to  your  mind,  I  take  the  liberty  of  asking  the  favor 
of  you  to  permit  me  to  employ  Mv.  Wirt  to  assist  me  in  the  prosecutions 
if  he  will  consent  to  lend  his  aid. 

Will  you  be  i)leased  to  communicate  with  the  Attorney-General  on 
this  subject,  and  let  me  have  the  pleasure  of  hearing  from  you  on  this 
subject  1 

I  have  the  honor  to  be,  &c., 

ELIAS  GLENN. 

JonN  Quincy  Adams,  Esq. 


''^,^ 


•i- 


[95]        *Mr.  Su^i/f,  Portuguese  consul,  to  Mr.  McCulloch,  collector. 

Vice-Consulate  of  Portugal, 

Baltimore,  October  29, 1818. 

Sir  :  I  beg  leave  to  call  your  attention  to  the  affidavit  that  I  have 
the  honor  to  inclose.  I  would  further  inform  you  that  from  my  own 
knowledge  the  commander  of  the  armed  brig  alluded  to  arrived  here 
this  morning  preparatory  to  his  departure  for  a  cruise  on  which  I  learn 
lie  intends  to  proceed  immediately,  which  is  coutirmed  by  a  communica- 
tion 1  have  received  from  one  of  his  oflicers. 

Under  these  circumstances  I  have  to  respectfully  request  you  will,  by 
virtue  of  the  power  invested  in  you,  cause  the  said  armed  vessel  to  be 
detained  forthwith,  until  at  least  the  pleasure  of  the  President  of  the 
United  States  can  be  known. 

1  make  this  appeal  iu  great  confidence,  from  my  knowledge  of  your 


COUNTER    CASK    OF   THE    UNITED    STATES. 


485 


disposition  lor  justice,  and  that  witli  every  good  citizen  you  will  unite 
in  nliowing  your  (lisjippmbation  of  acts  tVaiij;ht  with  so  much  evil  and 
injustice,  wiiicli  are  mo  likely  to  entail  di.s;;race  on  our  city,  and  to  dia- 
tilrl)  that  tranquillity  whi(!hour  country  now  happily  enjoys. 

I  have  the  honor  to  assure  you  of  the  great  respect  and  consideration 
with  which  I  am,  sir,  yours,  iS:(!.,  &c.j 

W.  I{.  SWIFT. 
James  II.  MnCuLLoriir,  Esq., 

Collector  of  the  Ctistoms,  Jialthnore. 


[00]     *IJALTniORE,  HH  : 

On  this  29th  day  of  October,  1818,  ])eraonnlly  appeared  before 
me,  the  subscriber,  a  justice  of  the  pea(;e  for  the  county  aforesaid,  John 
M.  (luss,  who  made  oath  on  the  Holy  lOvaiigels  of  Almighty  God  that 
lie  lins  every  reason  to  believe,  and  is  confident  in  his  own  mind,  that  a 
certain  brig  or  vessel  formerly  called  the  Iowa  Lento,  ami  captured 
uniliT  the  I'ortuguese  tlag  by  the  private  armed  brig  La  Fortuna,  under 
a  connnission  from  Arti/as,  is  now  titting  or  fitted  in  the  Chesapeake 
Bay  (and  at  present  in  or  near  l*atuxent)  for  the  purpose  of  cruising 
against  the  commerce  of  nations  in  amity  with  the  United  States,  and 
that  part  of  said  equipment  has  been  furnished  at  or  from  the  neighbor- 
hood of  Baltimore. 
Sworn  to  before 

AUG.  FISQUITH. 


[97 


*Mr.  McCulhch,  collector,  to  Cnptain  .icnril. 


Custom  ITousR,  Baltimore, 

Collector' H  Offiec,  October  21),  1818. 

8nt:  Inl'orniiition  having  becTi  given  to  me  that  a  certain  brig  or  vessel 
formerly  calledJolin  Lunt,  captured  from  the  Portuguese  by  tli"  (»riental 
brijj  of  war  La  Fortuna,  is  now  arming  and  fitting  for  hostile  purposes 
against  nations  in  amity  with  the  United  States,  at  or  near  Patuxent 
Ivivcr  in  this  bay,  and  is  furnish(>d  with  part  of  her  equipments  from 
Baltimore,  or  sonn;  placre  near  it,  you  will  please  to  proceed  with  the 
ciitti'i-  Active  and  examine  tiie  places  in  that  quarter  or  elsewhere.  And 
if  such  vessel  so  acting  antl  titting  is  found  without  legal  entry  and 
permit  therefor,  seize  and  bring  her  to  this  port  for  adjudication. 

It'  in  possession  of  any  of  the  oltic.ers  of  the  Unite(l  States,  your  ob- 
ject is  answered,  and  nothing  will  lemain  but  to  give  any  assistance  re- 
quired to  secure  the  vessel. 
Your  obedient  servant, 

dAMES  II.  :mccullocii, 

Collector. 

Captain  Alexander  Beard. 


m 


[98]      *Mr.  Wirt,  Attorney-General,  to  Mr,  Glenn,  district  attorney. 

Department  op  Justice, 

Washington,  November  G,  1818. 

Dear  Sir  :  I  have  been  del.oerating  as  well  as  i  could  on  the  course 
«t  prosecutiou  which  shall  be  adopted  against  the  owners,  captain,  and 


"W 


486 


TRFATY    OF    WASHINGTON PAPERS   ACCOMPANYING 


i# 


M 


crew  of  the  Fourth  of  July,  privateer,  and  accordiujf  to  the  request 
contaiued  in  your  first  letter,  will  now  give  you  my  opinion  on  that 
course. 

First.  I  would  indict  the  captain  and  crow. as  pirates  under  the  origi- 
nal act  of  Congress  which  defines  ])iracy.  The  prisoners  will  defend 
themselves  under  the  conimission  of  Artigas.  I  would  object  to  that 
commission  going  before  the  jury  as  evidence,  on  the  ground  that  it  is 
not  the  commission  of  a  soven  ign  recognized  by  our  Government. 

In  the  case  of  the  lloruss,  in  Itichmond,  the  chief  justice  decided  that 
a  maritime  commission  signed  by  the  sovereign  authority  of  the  proving 
of  La  Plata  furnished  no  justification  to  the  crew  of  that  vessel,  because 
the  court  could  not  take  notice  of  La  Plata,  as  a  sovereignty,  until  recog- 
nized by  our  Government,  and,  consequentlj',  could  not  take  notice  of 
a  commission  purporting  to  be  issued  under  the  separate  authority  of 
that  province.  That  in  view  of  the  court  La  Plata  must  be  considered 
as  a  dependence  of  the  Spanish  Crown,  until  its  separate  exist- 
[99]  eiice  as  a  nation  *had  been  acknowledged  by  the  executive  branch 
of  the  Government. 
In  reply  to  this  they  will  quote  the  decision  of  the  Sui)reme  Court  in 
the  case  of  Palmer,  (2  Wheaton,  034-5,)  and  they  will  insist  on  the 
correspondence  between  Mr.  Monroe,  when  Secretary  of  State,  with  Don 
Onis,  as  well  as  the  President's  message  at  the  opening  of  the  last  ses- 
sion of  Congress  to  prove  the  admission  of  the  Government  that  the 
South  American  colonies  are  to  be  considered  as  in  a  state  of  civil  war. 
On  this  limited  recognition  they  will  claim  for  Artigas  the  rights  laid 
down  in  Palmer's  case  qtta  stqyra,  that  is  all  the  rights  which  tear  author- 
ities, and  they  will  insist,  under  that  opinion,  "That  persons  and  vessels 
employed  in  the  service  of  the  self-created  governments  must  be  permit- 
ted to  prove  the  fact  of  their  being  actually  employed  in  such  service, 
by  the  same  testimony ;  which  would  be  suftlcient  to  prove  that  sm.!: 
vessel  or  person  was  employed  in  the  service  of  an  acknowledged  .s7«/e." 
That  although  under  that  opinion  "  the  seal  of  such  uiuicknowledged 
government  cannot  be  admitted  to  prove  itself,"  yet  that  it  nuiy  be 
proved  by  such  testimony  as  the  nature  of  the  case  admits,  and  that 
"the  fact  that  such  vessel  or  person  is  so  employed  may  be 
[lOOJ  proved  without  *producing  the  seal." 
To  this  there  are  two  answers : 
1.  That  the  correspoiulence  with  Don  Onis  and  the  message  are  not 
pointed  at  Artigas.  They  are  to  be  considered  in  reference  to  the 
subject-matter  which  alluded  to  a  complaint  of  the  Spanish  minister 
touching  the  admission  of  Buenos  Ai/rcan  privateers  into  our  ports. 
The  section  of  country  which  Artigas  holds  is  claimed  by  Portugal. 
His  war  is  with  the  King  of  Portugal.  The  system  of  colonial  govern- 
ment adopted  by  the  two  monarchs  is  alleged  to  be  very  different — that 
of  Spain  oppressive  to  the  colonists  in  an  extreme  degree ;  that  of  Portu- 
gal comparatively  liberal.  According  to  the  writers  on  the  laws  of 
imtions,  the  course  which  a  neutral  holds  in  such  wars  is  often  directed 
by  its  sense  of  the  justice* of  one  side  of  the  cause  or  the  other,  md 
according  to  this  sense  it  relaxes  at  pleasure  the  rigor  of  its  neutrality, 
still,  however,  keeping  within  the  neutral  pale.  According  to  these 
writers,  a  recognition  of  the  independence  of  a  revolted  colony  by  a  neu- 
tral is  no  cause  of  war  to  the  parent  nation,  provided  the  revolted  col- 
only  be  in  actual  and  exclusive  possession  of  its  territory  and 
[101]  government.  According  *to  these  principles  our  Government 
might  recognize  the  government  of  Buenos  Ayres  without  giving 
just  cause  of  war  to  Spain ;  but  if  the  Bande  Orieutale,  as  Portugal 


COUNTER   CASK    OF    THE    UNITED    STATES. 


487 


15 


contentls,  is  a  separate  tenitoiy  belonging  to  a  distinct  sovereign,  such 
recognition  of  Buenos  Ayres  would  not  extend  to  that,  because  the 
American  Govern luent  may  perceive  a  justice  in  the  one  conflict  which 
it  does  not  in  the  other. 

On  the  same  principle  the  recognition  of  a  civil  war  in  Buenos  Ayres, 
a  Spanish  colony*,  would  not  by  any  means  carry  along  with  it  as  a  con- 
sequence the  recognition  of  a  civil  war  in  a  I'ortuguese  colony. 

You  will  not  understand  rae  as  speaking  in  the  name  of  the  Govern- 
ment of  the  United  States  as  to  its  seeing  any  difference  in  fact  between 
the  cases  of  Tuerrydon  and  Artigas. 

I  have  no  authority  for  making  any  such  declaration.  1  speak  only 
of  the  inference  of  fact  which  may  or  may  not  be  fairly  deduced  from 
the  correspondence  and  message  in  question.  Those  who  rely  upon 
them  as  establishing  the  admission  that  civil  war  exists  between  Artigas 
and  Portugal  must  show  that  admission  in  the  face  of  those  documents, 
and  cannot,  for  the  reasons  I  have  given,  infer,  argumentatively, 
[102]    by  *reasoning  from  the  one  case  to  the  other. 

If  the  prisoners  fail  in  showing  that  our  Government  had  ad- 
mitted the  existence  of  a  civil  war  between  Artigas  and  Portugal,  theu 
the  principles  laid  down  in  Palmer's  case,  qua  supra,  can  have  no  appli- 
cation to  the  case  at  bar,  and  this  case  will  revert  to  the  principles 
established  by  the  Chief  Justice  in  the  case  of  the  Itoruss. 

2.  But  suppose  it  to  be  taken  as  admitted  bj  the  Government  that  a 
civil  war  does  exist  between  Artigas  and  Portugal,  does  it  follow  that 
the  citizens  of  the  United  States  may  participate  in  that  war? 

The  Supreme  Court  have  not  so  said.  Palmer  was  not  expressly  in- 
dicted as  a  citizen  of  the  United  States,  nor  is  the  vessel  charged  as 
being  United  States  property,  and  the  principles  laid  down  by  the  court 
are  to  be  taken  secundum  rem  judicata,  and  not  to  be  extended  to  a  dif- 
ferent case. 

If  the  Bande  Orientalc  is  to  be  considered  as  part  c  the  province  of 
La  Plata,  and,  consequently,  as  belonging  to  Spain,  the  foiirteenth  arti- 
cle of  our  treaty  with  Spain  makes  the  case  at  bar  a  case  of  i)iracy, 
(see  that  article ;)  and  whatever  rights  of  war  Artigas  may  have 
[103]  on  the  ground  of  his  being  engaged  *in  a  civil  war,  the  citizens 
of  the  United  States  cannot  mingle  in  that  war  on  this  hypothesis 
without  being  guilty  of  piracy.  (See  what  Vattel  says.  Book  .J,  chap- 
ter 2,  section  15,  as  to  enlisting  troops  in  a  foreign  nation.) 

As  a  branch  of  this  opinion  the  owners,  &c.,  ought  to  be  indicted  as 
accessories  to  the  piracy  under  the  ninth  and  tenth  sections  of  the  act 
of  1790,  "An  act  for  the  punishment  of  certain  crimes  against  the 
United  States." 

I  would  indict  them  under  the  act  of  1704,  "An  act  in  addition 
to  the  act  for  the  punishment  of  certain  crimes  against  the  United 
States,"  laying  a  separate  count  under  every  section  where  the  facts 
will  warrant  it.  The  defense  liere  will  be  that  Artigas  is  neither  a  for- 
eign prince,  nor  his  province  a  state,  according  to  the  decision  in  Gelston 
»8.  Iloyt.  But  as  the  previous  prosecution  for  piracy  can  fail  only  on 
the  ground  that  he  is  a  prince  and  his  government  that  of  a  state,  (under 
the  decision  in  Palmer's  case  and  by  our  Government's  recognition  of  a 
civil  war,)  the  prisoners  will  have  taken  this  ground  from  under  them- 
selves. 
[104]  Artigas  and  his  proviiice  are  either  a  foreign  *  prince  and  state, 
or  they  are  not.  If  they  are,  the  indictment  will  bo  under  the 
act  of  1794;  if  they  are  not,  the  indictment  for  piracy  will  be  under  the 
act  of  1790. 


'.  m 


i\4 


^I«^"'  ' ' 


488 


TREATY   OF    WASHINGTON PAPERS   ACCOMPANYING 


h  > 


m 


P. 


There  seems  to  be  no  probability  of  escaping  tbis  dilemma  but  by 
splitting  the  bair  and  saying  they  are  so  far  a  foreign  prince  or  state  as 
to  excuse  the  prisoners  from  the  piracy,  but  jet  not  so  far  as  to  subject 
them  under  the  act  of  1794. 

In  the  case  of  Gelston  and  Iloyt  the  alleged  princes  and  states  were 
Petion  and  Ohristoi)he,  and  the  diiferent  parts  are  St.  Domingo. 

Our  Government  had  never  acknowledged  these  sovereignties— not 
even  by  the  recognition  of  a  civil  war  either  between  themselves  or 
their  parent  countries. 

So  that  inference  can  be  drawn  from  that  case  to  this,  if  the  court 
shall  have  previously  excused  the  piracy  on  the  ground  of  our  recogni- 
tion of  a  civil  war. 

This  simple  recognition  in  Palmer's  case  was  considered  and  decided 

as  placing  the  belligerent  on  the  same  footing  for  the  purposes  of  war 

as  if  they  had  both  been  regularly  recognized  sovereigns,  an  effect 

[105]    which  would  certainly  bring  the  act  of  '94  to  bear  directly  on  *the 

case. 

3.  I  would  indict  them  under  the  act  of  1817.  As  to  facts  under  this 
act  yon  have,  I  understand,  only  a  single  witness;  but  that  there  is  in 
expectation  a  further  proof. 

The  grand  jury,  I  presume,  would  not  hesitate  to  find  a  bill  on  the 
testimony  of  this  single  witness;  and  if  you  think  it  unsafe  to  go  into 
the  trial  on  the  evidence  of  this  single  witness,  the  court  would,  I  pre- 
sume, indulge  you  in  a  continuance  until  the  next  term. 

WM.  WIRT. 

J  have  not  as  yet  received  any  direction  from  the  President  to  attend 
these  trials.  I  will  see  him  to-morrow  on  the  subject  and  write  you 
again. 

ELIAS  GLENN, 

District  Attorney  for  the  United  States,  BaUimore, 


Mr.  ^Yirt,  Attorney-General,  to  Mr.  Olcnn,  di.strict  attorney. 

Washington,  Novemher  9,  ISIS. 
Deau  Sir:  1  have  seen  and  consulted  with  the  President  on  the  sub- 
ject of  your  wish,  that  I  would  go  on  to  Baltimore  to  aid  in  the  prose- 
cution of  the  crew  of  the  Fourth  July,  and  am  instructed  by  him  to 
state  that  his   confidence  in  your,  zeal  and   ability  in  giviug 
flOG]    *ett'ect  to  the  laws  of  the  Union  renders  the  measure  wholly  un- 
necessary. 
In  my  letter  of  the  Cth  instant  I  took  the  liberty  to  give  you  very  fully 
my  views  of  the  case,  in  compliance  with  a  request  in  one  of  your  former 
letters. 

You  will  understand  me,  however,  as  not  presuming  vo  prescribe  your 
course,  but  merely  as  ottering  for  your  adoption  or  rejection  the  sugges- 
tions which  struck  me  at  the  moment  as  belonging  to  the  case. 
I  am,  yours,  &c.,  &c., 

WM.WIRT. 

Elias  Glenn,  Esq., 

Baltimore. 


COUNTER   CASE    OF   THE    UNITED    STATES. 


489 


if  the  court 


Mr.  Sieift,  Portuguese  consul,  to  Mr.  McCulloch,  collector. 

Vice-Consulate  of  Portugal, 

Baltimore,  December  16,  1818. 

Sir  :  I  am  necessitated,  in  my  official  capacity,  to  once  more  intrude 

upon  vour  time  and  attention.    The  schooner  Alerta,  or  Alerto,  said  to 

be  nnder  the  flag  and  commission  of  General  Artigas,  is  now  in  this 

,','strict  receiving  her  crew  on  board  preparatory  to  a  cruise.    Ample 

testimony  has  been  furnished  the  grand  jury  recently  in  session,  and 

which  can  be  still  had,  that  the  above-named  vessel  received  the 

[107]    *commission  of  Artigas  at  sea  from  an  officer  of  the  private 

armed  brig  La  Fortuna,  for  the  purpose  of  cruising  against  the 

commerce  of  the  King  of  Portugal,  since  which  period  she  has  arrived 

and  completely  refitted  at  this  point  as  a  vessel  of  war,  and  so  manifest 

is  the  views  of  those  concerned  with  her,  tiiat  I  am  necessitated,  in  a 

faithful  discharge  of  the  dnties  of  my  office,  to  request  you,  sir,  to  have 

the  said  vessel  forthwith  detained  until  the  pleasure  of  the  President  of 

the  ITiiited  States  can  be  known  on  the  subject. 

With  great  persoifal  regard,  [  am,  &c., 

W.  11.  SWIFT. 
Jas.  H.  MoCuLLOCH,  Esq., 

Collector  of  Ciistqtns,  Baltimore. 


Mr.  McCulloch,  collector,  to  Captain  Beard. 

Collector's  Office,  Baltimore, 

December  17,  1818. 

Sir  :  Information  has  been  verbally  delivered  here  that  a  vessel  called 
the  Ah^rta  has  departed  from  this  port  and  gone  down  the  river  without 
a  certificate  or  permit  of  any  kind.  The  same  vessel  has  been  reported 
to  me  by  the  consul  of  Portug;il  as  intendiMl  to  be  armed  and  to  cruise 
aj;aiii.st  the  commerce  of  that  kingdom.  You  will  tiierefore  immediately 
proceed  to  the  place  where  she  lies  and  take  ]>ossession  ot  her  and  de- 
tain hor  until  an  investigation  can  be  had.  Demand  if  tliey  have  any 
papers  in  tlie  first  instance,  and  take  whatever  tliey  prodnce,  returning 
them  to  this  office.  You  will  please  to  note,  particularly,  whether  she 
is  armed,  if  any  cargo  is  on  board,  what  it  is,  what  number  of  men, 
\vho  are  the  officers,  &c. 

Your  obedient  servant, 

J.  II.  Mcculloch, 

Collector. 
Captain  ALEXA^•l)ER  Beard. 


■ 


|l08]»jlfr.  Brent,  Acting  Secretary  of  State,  to  Mr.  Fish,  district  attorney. 

Department  of  State, 

February  4,  1819. 

Sir:  Herewith  you  will  receive  the  copy  of  a  letter  from  the  listrict 
attorney  of  Maryland,  and  the  original  depositions  of  Joseph  Almeda, 
•n  the  case  of  George  Clark  and  Joseph  Moon,  who  are  charged  with 
having  committed  piracy  and  murder  on  board  of  a  vessel  that  is  said  to 


WW 

'I. 


490 


TREATY   OF    WASHINGTON — PAPERS   ACCOMPANYING 


if    '■ 


have  been  fitted  out  at  Baltimore  and  to  have  assumed  the  flag  of  Arti- 
gas.  You  see  from  the  hotter  of  Mr.  Glenn  tliat  a  warrant  was  issued 
against  these  men  upon  the  facts  disclose<l  by  this  deposition,  and  tliat 
Clark  evaded  the  service  of  it  by  his  sudden  departure  from  Baltimore 
for  New  York  in  the  Iliram,  Captain  Lutlier  Evans,  bu:  that  Moon  was 
taken  and  is  now  under  arrest  and  in  prison  at  Baltimore.  Under  these 
circumstances,  it  is  the  President's  wish  that  you  lose  no  time  in  si'ttinjr 
on  foot  the  necessary  judicial  prosecutions  against  Clark,  and  such  others 

concerned  in  the  crimes  charged  upon  him  as  may  be  Ibiuid  in 
[109J    *New  York,  if  the  deposition  referred  to  be  deemed  siillioient 

authority  for  his  arrest  in  that  district,  or  you  can   otherwise 
obtain  the  necessary  evidence  in  his  case  and  that  of  the  others. 

The  cop^  of  a  letter  from  the  consul  of  the  United  States  at  the  Cape 
de  Verd  Islands  to  this  Department  in  relation  to  these  atrottitios  is 
also  inclosed  ;  and  Captain  0. 1*.  Fiiday,  master  of  the  siiip  Boston,  one 
of  tho-vessels  i)lundered  and  robbed  by  (Jlark  and  his  party,  is  now  at 
Alexandria,  in  this  district. 

I  am,  «S:c., 

j>.  BRENT. 
Jonathan  Fish, 

Attoy)iei/,  Uniie.l  States,  d:e. 


AN  ACT  to  protect  the  coimiieiceof  the  United  States  aud  punish  the  crime  of  piracy, 

Be  it  enacted  hy  the  Senate  and  House  of  Representatives  of  the  Unitei} 
States  of  America  in  Congress  assembled,  That  the  President  of  tlie 
United  States  be,  and  hereby  is,  authorized  aiul  requested  to  employ  so 
many  of  the  public  armed  vessels  as,  in  his  judgment,  the  service  may 
require,  with  suitable  instructions  to  the  commanders  thereof,  in 
[110]  protecting  the  merchant-vessels  of  the  United  States  and  *tlieir 
crews  from  piratical  aggressions  and  depredations. 

Sec.  2.  And  be  it  further  enacted,  That  the  President  of  the  United 
States  be,  and  hereby  is,  authorized  to  instruct  the  commanders  of  the 
public  armed  vessels  of  the  United  States  to  subdue,  seize,  take,  and 
send  into  any  port  of  the  United  States,  any  armed  vessel  or  boat,  or 
any  vessel  or  boat,  the  crew  whereof  shall  be  armed,  and  which  shall 
have  attempted  or  committed  any  piratical  aggression,  search,  restraint, 
depredation,  or  seizure,  upon  an,y  vessel  of  the  United  States,  or  of  the 
citizens  thereof,  or  upon  any  other  vessel;  and  also  to  retake  any  vessel 
of  the  United  States,  or  its  citizens,  which  may  have  been  unlawl'ullv 
captured  upon  the  high  seas. 

Sec.  3.  And  be  it  further  enacted.  That  the  commander  and  crow  of 
any  merchant-vessel  of  the  United  States,  owned  wholly  or  in  part  by 
a  citizen  thereof,  may  oppose  and  defend  against  any  aggression,  search. 
restraint,  depredation,  or  seizure,  Avhich  shall  be  attempted  ui>on  such 
ves.sel,  or  upon  any  other  vessel  owned  as  aforesaid,  by  the  commander 
or  crew  of  any  armed  vessel  whatsoever,  not  being  a  public  armed  ves 
sel  of  some  nation  in  amity  with  the  United  States;  and  may 
[111]  subdue  and  *capture  the  same;  and  may  also  retake  any  ves- 
sel, owned  as  aforesaid,  which  may  have  been  captured  by  the 
commander  or  crew  of  any  such  armed  vessel,  and  send  the  same  into 
any  por.t  of  the  United  States. 

Sec.  4.  And  be  it  further  enacted.  That  whenever  any  vessel  or  boat, 
from  which  any  piratical  aggression,  search,  restraint,  depredatiou,  or 


COUNTER   CASE    OF   THE   UNITED   STATES. 


491 


seiznre  shall  liave  been  first  attempted  or  made,  shall  be  captured  and 
brought  into  any  port  of  the  United  States,  the  same  shall  and  may  be 
adjudged  and  condemned  to  their  use,  and  that  ofthe  captors,  after  due 
process  and  trial,  in  any  court  having  admiralty  jurisdiction,  and  which 
shall  be  holden  for  the  district  into  which  such  captured  vessel  shall  be 
brought,  and  the  same  court  shall  thereupon  order  a  sale  and  distribu- 
tion thereof  accordingly,  and  at  their  discretion. 

Sec.  5.  And  be  it  further  enacted,  Tliat  if  any  person  or  persons  what- 
soever shall,  on  the  high  seas,  commit  the  crime  of  piracy,  as  defined  by 
the  law  of  nations,  and  such  offender  or  offenders  sluiU  afterward  be 
brought  into  or  found  in  the  United  States,  every  such  offender  or 
[112]  offenders  shall,  upon  conviction  thereof,  before  the  circuit  court  *of 
the  United  States  for  the  district  into  which  he  or  they  may  be 
brought,  or  in  which  ho  or  they  shall  be  found,  be  ])unished  with  death. 

Sec.  G.  And  he  it  further  enacted,  That  this  act  shall  be  in  force  until 
the  end  of  the  next  session  of  Congress. 

Approved  March  3,  1811). 


"■Jt 


►.  lUiENT. 


ti 


Mr.  McCullochj  collector,  to  Lieutenant  Marshall. 

Customhouse,  Baltimore, 

Collector's  Office,  March  26,  1819. 

Lieutenant  Marshall:  Please  to  proceed  with  the  cutter  Active  down 
the  bay  and  look  for  the  Buenos  Ayrean  brig  of  war  Peuyeredon,  re- 
ported by  her  commander.  Captain  Franklin,  to  this  office  as  being  now 
probably  near  Patuxeut. 

You  will  warn  them  either  to  go  into  port  and  enter  the  vessel,  or  to 
leave  the  waters  of  the  United  States,  as  they  cannot  remain  in  a  situa- 
tion where  the  interests  of  the  United  States  are  exposed  in  more  ways 
than  one.    Whichever  w.ay  they  determine  you  will  please  to  keep  by 
them  and  prevent  any  vessel  from  boarding  them  till  they  arrive  or  go 
out,  except  the  pilot-boat  returning  with  the  captain  or  others 
[113]   *having  permission  for  the  purpose,  and  especially  ]>revent  any 
vessel  if  carrying  supplies. 
I  am,  sir,  vour  obedient  servant, 

JAS.  11.  Mcculloch. 


Mr.  McCulloch,  collector,  to  Mr.  Crawford,  Secretary  of  the  Treasury. 

CUSTOM-HOUSE,  Baltimore, 

Collector's  Office,  April  10,  1819. 

Sir:  On  the  14th  instant  a  South  American  cruiser  named  Congress© 
di  Venezuela,  Don  Henreques  Chief,  commander,  arrived  here  and  re- 
ported herself  as  a  government  brig  of  war,  bound  for  the  Kiver  Aro- 
uoque,  but  put  in  here  in  distress,  requesting  permission  to  make  repairs 
and  take  supplies  of  pro\'isions,  water,  &c. 

It  appears  by  the  verbal  accounts  given  me  that  she  was  formerly  a 
Spanish  brig  of  war,  captured  by  the  Irresistible,  a  patriot  brig,  and 
that  at  the  moment  when  both  were  prepared  to  join  in  an  expedition 
under  Brien  and  Margueretta  the  crew  of  another  cruiser  there  took  the 


.>!l 


492 


TREATY    OF    WASHINGTON PAPERS   ACCOMPANYING 


opportunity  of  the  absence  of  the  commander  and  crew — the  latter  vessel 
being  on  shore  with  but  a  small  guard  on  board — to  migrate  from 
[114]  their  own  vessel,  substitute  themselves  to  the  •crew  of  the  Irre- 
sistible, and  go  off  to  sea  in  her.  The  practice  will  doubtless  cor- 
respond on  these  cruises  to  this  piratical  beginning,  but  t'.e  Congresso 
seems  to  have  sailed  in  pursuit,  and  being  in  need  of  ^»airs,  &c.,  has 
put  in  here. 

The  case  is  reported  not  onlj*  for  its  singularity  and  the  information  of 
Government,  but  to  show  the  diflSculty  the  collectors  of  the  customs 
have  at  once  to  gratify  the  neutrality  claimed  of  the  United  States  by 
the  South  Americans,  and  to  restrain  their  cruisers  within  proper 
bounds. 

The  apology  for  so  much  as  is  here  written  must  be  taken  from  the 
vexation  of  hearing  complaints,  while  a  consciousness  is  held  of  having 
done  everything  by  watchfulnesr;  here  and  speedy  attention  to  every 
information  from  every  part  of  the  bay  districts  with  the  utmost  readi- 
ness, in  the  midst  of  all  our  proper  business,  to  give  effect  to  whatever 
the  merchants  or  attorney  of  the  district  can  suggest  in  any  case,  not 
by  rumors  or  suppositions,  but  by  embodied  information  that  will  dis- 
close the  objects  and  justify  the  vindictive  proceedings. 

J.  II.  Mcculloch. 

Wm.  n.  Crawford,  Esq. 


[IL")] 


*Mr.  McCuUoch,  collector,  to  Lieutenant  Marshall. 


Sir: 


Customhouse,  Baltimore, 
Collector's  Office,  Aivil  211,  1819. 

I'lease  to  ])roceed  with  all  expedition  to  Patuxent  Eiver  or  else- 
whore  down  the  bay,  in  search  of  the  vessel  said  to  be  a  prize  to  some 
foreign  cruiser.  Take  possession  of  her  and  bring  her  into  port  for 
security  to  the  revenue,  and  as  soon  as  you  have  seen  her  up  into  this 
river,  return  and  board  privateer  if  found  below.  Order  her  immediately 
to  come  to  entry  in  some  district  or  leave  the  waters  of  the  United 
States ;  if  they  refuse  or  delay  willfully,  call  for  assistance  from  the  militia 
oflicers  on  shore,  who  are  obliged  to  render  it,  and  any  person  refusing 
is  liable  to  a  heavy  peiialty,  and  notice  must  be  taken  of  them.  It' any 
United  States  vessel  is  in  the  bay  at  Annapolis  or  Xorfolk  apply  for 
their  aid  to  enforce  the  laws,  if  you  cannot  of  yourself,  but  it  is  trusted 
that  it  is  only  neicessary  to  say  this  by  way  of  information  or  instruction, 
and  that  resistance  will  not  be  ottered. 

There  is  now  danger  of  these  vessels  bringing  up  goods  clandestinely, 

or  of  their  being  smuggled  on  shore  where  they  lay,  and  .against 
[116]    both  of  these  mischances  you  will   be  *  watchful  and  not  sufier 

any  boat  to  board  or  leave  either  vessel  without  being  searched, 
stopping  all  goods  that  maybe  in  passage,  |)ermitting  only  refreshments 
to  go  or  passengers'  baggage  to  be  landed  from  them. 

I  am,  in  haste, 

J.  H.  Mcculloch. 

Lieutenant  Marshall. 


IPANYING 


st  in  any  case,  not 
btiou  that  will  (lis- 


.  Mcculloch. 


Mr. 


COUNTER   CASE    OP   THE   UNITED    STATES.  493. 

'.  McCulloeh,  collector,  to  Mr.  Crawford,  Secretary  of  Treasury. 

Custom  House,  Baltimore, 

CoUector'>8  Office,  May  J,  1819. 

Sir:  I  beg  leave  to  inclose  to  yon  a  note  received  this  morning  from 
the  attorney  of  the  district,  respecting  certain  vessels  therein  named  of 
which  I  can  only  report  that  the  credible  information  which  he  speaks 
of  seems  only  to  bo  the  loose  declaritions  of  people  who  see  some  things 
(loinp  on  board  these  vessels,  and  who  neither  particularize  nor  dis- 
tinguish between  the  lawful  repairs  and  supplies  permitted  by  our 
neutral  regulations,  and  the  additions  and  augmentation  of  force  which 
are  prohibited. 
Tlie  Pucynedon  was  cleared  three  days  ago  and  departed,  followed  by 
the  cutter,  with  orders  to  prevent  all  communication  of  vessels 
[117]   with  her  in  the  bay.    At  the  same  time  it  must  *be  known  that 
she  was  closely  examined  at  coming  in,  when  her  stores  were 
landed  and  put  under  the  public  keys;  herconduct  here  was  attended  to 
and  a  close  examination  was  made  at  her  departure.    She  brought  in 
ninety  eight  men  and  went  away  with  seventy,  leaving  also  a  gun  or 
two  as  not  wanted,  and  no  change  whatever  affecting  her  hostile  capa- 
city was  otherwise  made,  as  is  certified  to  me  by  the  inspectors.    The 
behavior  of  the  commander  and  his  officers  was  orderly,  nor  was  com- 
plaint heard  before.    The  Nereydawas  a  Spanish  prize,  formerl     .  brig 
of  war,  of  whose  arrival  an  account  was  given  in  my  letter  of  tlie  IGtli 
ultimo;  she  was  in  bad  condition  and  needed  much  repairs  for  her  safe 
navigation.    The  commander  applied  for  leave  to  put  a  strip  of  ])lank 
about  3  or  4  inches  wide  and  thick,  and  about  3  or  4  feet  in   length, 
under  the  sliding  carriages  of  his  guns,  to  replace  some  that  were  rotten, 
and  to  raise  the  woodwork  out  of  the  wash  of  the  water,  and  as  this  was 
thought  to  apply  to    carriages  only,  &c.,  he  was  told  that  he  could 
do  so  small  a  i)iece  of  work  by  his  own  carpenter  anywhere,  and  need 
not  trouble  us  with  it.     But  he  went  further;  employed  a  carpen- 
[US]   ter  here  and  changed  these  same  strips  in  several  of  the  *carriages. 
Upon  a  report  to  the  office,  he  excused  himself  by  ssiying  that  his 
carpenter  went  on  shore,  it  being  impossible  to  keep  the  hands  on  board 
while  in  a  harbor,  and  that  therefore  he  paid  for  the  trifling  nature  of 
the  work ;  he  offered,  however,  to  take  away  the  new  and  replace  the 
old  pieces,  which  has  been  since  ordered,  after  some  hesitation.    In  the 
meanwhile  the  vessel  was  libeled  and  in  the  hands  of  the  marshal, 
which  seemed  to  render  our  attention  not  so  necessary,  and  niakes  the 
call  of  the  district  attorney  a  little  unreasonable,  perhaps. 

The  Alerta  has  been  here,  I  believe,  all  winter,  dismantled, and  as  re- 
ported to  me  sold  to  a  citizen,  who  proposes  to  send  her  to  the  West 
Indies  for  sale,  with  a  part  of  her  armament  and  a  small  cargo,  as  a  mail- 
carrier  between  the  islands.  He  has  altered  her  so  as  to  make  her  much 
less  lit  for  a  cruiser,  and  there  is  no  doubt  that  he  intends  to  sell  her ; 
still,  he  will  be  obliged  to  give  bonds,  as  he  retains  some  guns,  &c. 

It  does  not  appear  tome  in  the  ciicumstances  that  the  collector  is  re- 

•juired  to  act  as  the  attorney  proposes  to  him,  and  that  the  sections  of 

the  law  he  refers  to  apply  to  the  cases,  but  as  much  is  said  on 

[110]  these  8uo*jects,  and  as  something  may  be  cast  upon  theofhcers  of 

the  customs  in  relief  of  the  law-officers,  this  matteris  submitted 

to  your  direction,  which  I  shall  be  glad  to  follow.  -     <        '■.:rr^ 

To  exemplify  our  manner  of  i)roceeding  with  these  vessels,  an  order 
and  return  of  examination  made  at  the  departure  of  the  last  privateer 


ii 


11 


-w. — r 


494 


TREATY    OB^    WASHINGTON PAPERS    ACCOMPANYING 


is  also  inclosed.    This,  as  au  official  document,  if  you  please,  may  be  re- 
iirned.    A  hundred  others  are  at  your  service  if  desirable. 

J.  H.  Mcculloch. 

William  H.  Crawford,  Esq. 


[12()| 


*}fr.  MeCnUovh,  collector,  to  Lieutenant  Marshall. 


Customhouse,  Baltimore, 

Collector's  Office,  May  8, 1819. 

Sir:  Please  to  get  the  cutter  instantly  ready  if  practicable,  and  pro 
ceed  down  the  bay  in  search  of  an  armed  brig  called  the  Irresistible,  of 
South  America.  Endeavor  to  secure  her  and  as  many  of  the  crew  as 
practicable,  she  having  been,  as  reported,  piratically  carried  off  and  ber 
officers  left  behind  or  put  out  of  her  afterward.  If  any  difficulty  appears 
from  a  spirit  of  resistance,  apply  to  the  United  States  armed  vessels  for 
assistance  or  to  the  officers  of  the  land  forces  and  militia,  at  any  point 
most  expedient. 

You  will  remember  the  usual  directions  to  prevent  the  landing  of  goods 
or  putting  them  on  board  other  vessels,  and  to  immediately  seize  them 
wherever  found. 

Inclosed  is  a  blank  search-warrant  for  use,  if  goods  are  landed,  and 
in  any  house,  to  obtain  which  you  must  go  before  a  magistrate  and  u^ake 
oath  of  your  information,  and  then  enter  no  house  but  in  the  day  time, 
without  leave  of  the  owner,  of  which  consent  some  of  your  own  men  or 
disinterested  neighbors  should  be  witness. 
In  haste,  &c., 

JAMES  H.  Mcculloch. 

Lieutenant  John  Marshall. 


.',(, 


[121]     *Mr.  Adams,  Secretary  of  State,  to  Mr.  Glenn,  district  attorney. 

Departjient  of  State, 

May  11, 1819. 

Sir  :  I  have  received  your  letter  of  the  8th  instant.  Mr.  Biscoe,  in- 
spector of  the  customs  at  Nottingham,  will  deliver  you  this  letter.  He 
goes  to  Baltimore  in  pursuit  of  the  Irresistible,  which  after  having  been 
seized  by  the  officers  at  Nottingham  was  taken  from  them,  and  is  sup- 
loosed  to  be  at  Baltimore. 

1  beg  leave  once  more  to  recommend  this  vessel  to  your  particular  atten 
tion,  and  that  y^u  will  use  every  legal  exertion  to  bring  to  justice  those 
who  have  made  her  the  instrument  of  their  piracies. 
I  am,  &c., 

JOHN  Q.  ADAMS. 

Elias  Glenn,  Esq. 


Mr.  McCulloch,  collector,  to  Mr.  Craicfoid,  Secretary  of  the  Treasury. 

Customhouse,  Baltimore, 
Collector's  Office,  May  14, 1819. 
Sir  :  It  is  most  likely  the  representations  you  have  received  of  Cap 
tain  Child's  language  respecting  the  oriental  brig  La  Irresistible,  seized 


COUNTER    CASE    OF    THE    UNITED    STATES. 


495 


i^ 


CULLOCH. 


Q.  ADAMS. 


he  Treasury. 


in  Patnxont  by  the  surveyor  of  tluifc  district,  have  been  the  loose  say- 
ings aud  reports  of  sayings  between  him  and  others,  with  no  very 
122]  correct  understanding  on  *either  side.  Child,  who  commands  the 
vessel,  reported  to  you  on  the  10th  idtimo.  (Jongressio  de  Vene- 
zuela was  employed  by  Daniels  (who  had  ordered  her  in  expectation  of 
tiiiding  the  stolen  vessel,  formerly  under  his  command,  in  some  port  of 
the  United  States)  to  go  down  and  assist  in  getting  possession  of  her. 
1  neither  knew  this  nor  gavtj  any  authority  to  Child  on  the  subject.  But 
what  was  said  and  written  to  Daniels  may  have  given  some  occasion  for 
till!  reports  you  mention. 

This  latter  person  applied  to  me  on  Saturday  morning  with  informa- 
tion of  the  vessel  having  arrived  somewhere  below,  and  begged  to  know 
what  should  be  done  in  that  case.    He  was  informed  the  cutter  would 
be  dispatched  to  effect  every  i)urpose  necessary  for  the  objects  of  our 
liiw  and  government,  as  he  knew  the  strength  of  the  brig,  the  temper 
of  the  crew,  and  the  weakness  of  the  apparent  means  in  our  power  here  ; 
he  offered  to  go  as  a  volunteer  with  others  on  the  expedition.     This  was 
declined,  and  the  cutter  ordered  to  proceed  to  execute  tin's   business. 
Tills  vessel,  however,  was  then  careening,  her  given  ballast,  &c.,  being 
taken  out,  as  everything  mnst  be,  to  heave  down.    Mr.  Marshall,  the  first 
ollicer,  who  continues  in  command,  came  up  to  inform  me  of  this  situa- 
tion, and  was  directed  to  take  in  everything  necessary  again  and 
;i23]  proceed  as  fast  as  possible.    This  *could  not  bo  done  before  mid- 
night or  later ;  and  lie  then  departed  on  Sunday  morning  as  directed. 
In  the  mean  time  Daniels  sent  me  a  message,  repeating  a  request  that 
he  bad  before  made,  that  he  might  send  down  some  of  his  former  crew 
and  ofiicers  to  attend  to  the  brig ;  but  fearful  of  some  desperate  act 
lielnjf  perpetrated  to  destroy  her,  &c.,  I  sent  him  a  written  answer  of 
which  a  coi)y  is  inclosed.    He  was  in  too  much  haste,  however,  to  wait 
the  motion  of  the  cutter,  as  it  appeared,  and  having  hired  a  vessel  sent 
a  number  of  men,  who,  finding  the  brig  abandoned,  though  with  notice 
ot  the  surveyor  there,  having  boarded  her,  &c.,  took  possession  and 
eame  out  with  a  deputed  inspector  from  that  ollicer.    Another  cutter 
arriving,  seized  the  seamen  found  on  board  or  in  other  vessels  or  ashore, 
a^'reeably  to  my  orders,  put  them  in  irons,  and  came  up  with  the  brig, 
never  having  disposed  of  the  person  employed  by  the  otficer  of  Notting- 
ham, nor  doing  anything  more  than  securing  the  vessel  and  prisoners, 
noticing  Child  and  his  men  no  other  ways,  as  far  as  I  am  informed,  than 
liy  letting  them  assist  to  bring  the  brig  into  port.    As  ho  had  but  six 
UK  ii,  I  think,  and  near  twenty  prisoners,  he  could  do  no  more. 

I  must  beg  leave  to  say,  sir,  that  a  great  deal  of  foolish,  false 
[\-\]  story  is  every  now  and  then  *put  in  circulation,  and  not  a  little  of 
pitiful  self-interest  among  our  citizens,  as  well  as  malignant  dis- 
pdMtion  with  others,  is  manifested  in  occasional  ravings  on  the  subject 
ot  South  American  cruisers.  But  bo  assured,  sir,  the  oflicers  of  the 
customs  here  will  never  give  a  real  ground  for  such  alleg.ations  as  you 
ha\e  heard.  They  feel  themselves  bound  to  follow  the  s.imo  equal 
course  which  the  spirit  of  our  laws  and  the  conduct  of  the  Government 
manifest  is  to  be  observed  toward  the  vessels  of  the  warring  parties.  It 
is  not  very  likely,  while  each  requires  too  much,  that  we  shall  satisfy 
either.  But  the  ofiicers  here  in  their  place  will  not  swerve  from  their 
duty  to  shun  their  disapprobation. 
Yours,  &c., 

J.  iL  Mcculloch. 

William  Ceawford,  Esq. 


•'■'  '■;?:   ' 


.^  i<.  I 


496 


TREATY    OP    WASHINGTON PAPERS   ACCOMPANYING 


1^  ::  ■ 


[125]        *Mr.  Glenn,  (Ustrict  attorney,  to  Mr.  McCuUoeh,  collector. 

Baltimore,  May  21, 181D. 
Sir:  1  have  received  information  from  Mr.  Bonabran,  the  Spanish  con 
8ul,  that  the  vessel  cjilled,  now,  the  Louisa  Casares,  but  formerly  called 
the  Arrogante  Barcelone,  is  actually  fitting  out  as  a  privateer,  by 
.^.Imuda  or  others,  to  cruise  upon  the  high  seas  against  the  subjects  or 
property  of  the  King  of  Spain  or  some  other  foreign  government  with 
which  the  United  States  is  at  peace.  As  too  much  of  this  business  lias 
already  been  carried  on  in  this  city,  I  pray  you  to  make  your  inspectors 
furnish  me  with  information  of  the  state  of  this  vessel  before  she  is  suf- 
fered to  clear  out,  in  order  that  1  may,  if  the  facts  will  justify  mo,  tile 
information  against  her. 

Yours,  very  respectfully. 


James  H.  McCullocu,  Esq., 

Collector. 


KLIAS  GLKN.N. 


Mr.  McCulloch,  collector,  to  Mr.  Glenn,  dislrUt attorney. 

CUSTOM-liOUSE,  BALTIMORE, 
Collector's  Office,  May  22,  1810. 

Sir  :  In  answer  to  your  note  of  yesterday's  date,  received  this  nioi'u- 
ing,  respecting  tlie  Spanish  consul's  information  against  the  Louisa 
Caseres,  it  is  proper  to  advise  you  that  this  vessel  has  been  under 
[12G]  the  constant  inspection  of  an  otlicer  ever  since  she  began  *to  take 
in.  She  came  here  as  an  armed  merchantman,  regularly  cleared 
according  to  the  forms  of  the  Spanish  authorities,  from  Marguerita, 
landed  a  cargo  and  is  now  prepared  to  sail  with  the  same  individual 
armament  she  brought  in.  If  you  know  of  anything  in  this  proceeding 
forbidden  by  our  laws,  I  shall  be  glad  to  be  informed  ol"  it  that  my  mis 
takes  may  be  corrected. 

Every  information  you  need  shall  be  furnished,  at  your  own  request, 
from  this  office. 

Yours,  very  respectfully. 

J.  H.  McCULLOOU. 
E.  Glenn,  Esq. 


'^M0^^^  ' ' 


Mr.  McCulloch,  collector,  to  Mr.  Parker. 

Customhouse,  Baltimore, 
Collector's  Office,  May  2G,lSn 

Sir:  I  have  just  received  your  letter  respecting  the  ship  Louisa. 
Ameida  (or  rather  Drew)  master,  which  sailed  from  this  port  on  the 
4th  day  of  August,  1818,  ostensibly  on  a  sealing-voyage.  As  she  was 
a  foreign  vessel  no  list  of  crew  was,  of  course,  demanded  or  rend 
ered.  She  had  been  a  i)rize,  captured  from  the  Spaniards  some  time 
before,  and  came  here  with  a  cargo.  She  was,  therefore,  no  ways  likely 
nor  was  ever  pretended  to  be  a  vessel  of  the  United  States,  nor  dn 
we  know  a  man  on  board  except  the  owner  and  captain  above  men 
tioned. 


M:,i,.<;;  5,:- 


iYINO 


COUNTER   CASE    OF    THE    UNITED    STATES. 


497 


dlector. 

lay  21,  181l>. 
e  Spanish  con 
oruierly  called 
privateer,  by 
Ibe  subjects  or 
vernuiciit  with 
is  business  has 
^'our  inspectors 
fore  sbe  is  sut- 
justity  me,  tile 


|[27]       She  had  be«Mi  searched  by  my  orders  two  or  three *tin>e8 during 
and  afier  her  laiidin;;. 

In  the  last  examination  her  <'asks,  ballast,  iS:*'.,  were  removed  to  tlies 
kelson  nttei'  iier  <!learan(!e,  and  mithin;;'  prohibilcMl  ai)peared.  Indeed  it 
IS  not  said  that  she  liad  anytiiin<>'  more  than  her  own  armament,  and 
such  stores  as  were  allowed,  at  her  (h'partnre  from  Haltimore.  Ameida 
left  her  at  sea  and  proceeded  to  Marj;iierita,  from  whem^e  he  ( sune  liere 
ill  anotlier  vessel. 

The  piratical  portiini  of  the  crew  afterward  (h'serve  the  severest  pun- 
ishment: but  we  can  furnish  nothing  here  for  their  conviction. 

J.  J  J.  .M(;CL'LLOCII. 

Thomas  rAsiivEU,  Esq. 


\S  (ILKNN. 


to  r  tie  a . 

:.TIM0IIE, 

May  22,  1819.^ 

ived  this  morn- 

inst  the  Louisa 

has  been  under 

!  began  *to  take 

eguhuly  cleared 

oin  Marguerita. 

ame  individual 

this  proceedinir 

it  that  my  mis 

lur  own  request. 


cCULLOOH. 


LTIMOKE, 

JI/ai/2G,lSl!». 
he  ship  Louisa. 
\is  port  on  the 
re.  As  she  was 
janded  or  rend 
liards  some  time 
?,  no  ways  likely 
1  States,  nor  do 
;ain  above  men 


Mr.  MiCuUovh,  collector,  to  Captain  Daniels. 

Custom  House,  Ualtimoue, 

Collector's  OjJUr,  July  G,  LSI!). 

Sir:  rnformation  is  given  tlnit  you  are  making  alterations  in  the  ves- 
sel of  wai-  un(h'r  your  (lirection  and  management  here  which,  from  their 
iiatiue,  are  inacbnissible  as  effected  in  our  ports.  You  hacl  promised 
not  to  take  otf  the  i>iec(is  put  under  the  gun-slides  and  to  restore  the  car- 
riajjes  to  their  former  situation  ex(!epting  such  repairs  as  your  own  car- 
peuter  could  make  ;  you  have  had  the  work  done  by  a  citizen  here  and 

are  going  on  to  enlarge  your  hatchways,  &c.  This  must  ]>e  stopped 
[128]   and  every  *work  besides  which  is  m^cessary  for  the  safe  miviga- 

tion  of  the  vessels  must  be  foreborne  or  undone,  t)therwise  you  will 
not  be  i)ermitted  to  sail  from  this  port. 

J.  H.  Mcculloch. 

Captain  J.  D.  Daniels. 


Mr.  Glenn,  district  attorney,  to  Mr.  McCullochf  collector. 

liAUTiMOKE,  Auyust  24,  1810. 

Sm  :  The  inclosed  letter  was  this  day  hamled  to  me  by  Mr,  Purviance, 
witli  a  reipiest  that  it  might  be  transmitted  to  you. 

I  will  thank  you  to  take  steps  such  as  your  official  duty  require  to 
frustrate  the  illegal  purpose  which  Daniels  appears  to  have  in  view,  and 
to  let  ine  hear  from  you  as  early  as  convenient  on  the  subject. 
Be  pleased  to  return  me  the  letter  inclosed. 
Yours,  respectfully, 

ELIAS  GLENX. 


Mr.  McCulloch,  collector,  to  Mr.  Loicry,  stirveyor. 

Customhouse,  Baltimore, 

Collector'' s  Office^  August  25,  1819. 
Sir:  It  is  alleged  that  Captain  Daniels  has  not  only  repaired  the  brig 
Negreda,  a  Spanish  prize,  in  which  he  arrived,  but  has  altered  her 
1 129]   masts,  decks,  and  rigging,  as  well  as  her  armament,  that  *her  plat- 
form is  renewed  and  fixed,  that  her  mainmast,  formerly  schooner- 
32  a 


I'^f 


498 


TKEATY    OP    WAHHINGTON PAPKU8   ACCOMPANVIN(J 


rlpfscl,  is  now  square  rlpfRed,  her  Runs  IVirriierly  <ni  slides  arc  now  on 
carriaj>«'s, sixteen  innuailu'r,  aii«l  that  some  brass pieees  are  athletl  toiler 
at'ter-decliorbiilwarlis,  which  siie  liad  not  before. 

riease  to  onier  two  ortleers,  one  of  tlieni  tlie  ollleer  wlio  inspected  lu-r 
at  arrival,  to  visit  and  strictly  exauiiue  her  and  report  to  me  on  tiu.sc 
and  other  particulars  in  her  ease. 

J.  II.  Mcculloch. 

Mr.  Lowuv, 

Surrcyor  Port  of  IkdUmore, 


Mr.  MvCuUovh,  vollector,  to  Cajitain  MarHhaU. 

CusTOM-HorsK,  Baltimork, 

CoUictor\s  OjgUr,  Octoher  L'."»,  ISl!). 

Siu :  Information  having  been  received  of  a  South  American  privnttu r 
being  in  the  bay,  it  is  necessary  that  she  should  be  attended  to  lor  pre. 
vention  of  any  irreynlarities  and  breacdi  of  law.  JJe  please<l,  tlicrctoiv. 
to  sail  immeiliately  in  search  of  her,  and  direct  her  to  come  without  dc 
lay  to  the  fort  and  enter,  or  leave  the  waters  of  the  United  States.  In 
either  case  keep  close  to  her;  prevent  vessels  boarding  her,  or  anytime 

being  landed  from  her  except  necessary  supi»lies  of  ]>r(>visions 
|,130J    anil  water.    *lf  she  does  not  remove  immediately,  report  must 

be  made  and  recourse  ha«l  to  the  naval  and  military  olliccr  of  tin 
United  States  for  a  force  sufficient  to  control  or  bring  her  into  port. 

J  AS.  H.  Mcculloch, 

Collector, 
Captain  John  Marshall. 


Mr.  McCulloch,  collector,  to  Mr.  Lowry,  surveyor. 

Custom- House,  Baltimore, 

Collector's  Ojffice,  November  ir>,  181!). 

Sir  :  Please  to  direct  two  officers  of  inspection  to  examine,  visit,  \m\ 
report  to  this  office  all  and  every  i)rivateer  or  ship  of  war  under  furoi^'ii 
colors.  Take  an  account  of  every  particular  of  armament;  the  numlui 
and  descrii)tiou  of  crew — thai  is,  what  countrymen;  under  what  com 
mission  they  sail,  and  whether  t1\eir  commission  is  lodged  at  the  custom 
house,  and,  if  not,  dennuul  fc  for  depository  here.  From  this  lust 
direction  the  brig  Independeucia,  Gunnalds,  commander,  is  to  be  ex 
cepted,  as  I  have  lately  had  his  commission  and  know  lier  to  be  a 
national  vessel. 

The  officers  will  please  to  report,  with  as  much  expedition  as  possible. 
adding  any  rennirk  of  their  own  ou  the  appearance  or  conduct  of  tlieii 
crews  or  commanders. 

J.  H.  Mcculloch, 

Collector, 
Wm.  Lowry,  Esq., 

Surveyor  Port  of  Baltimore, 


COI'NTEK    CASK    OF    THK    rNITEI)    STATKS. 


4!MJ 


m 


[131 1    •iW>'.  A«lams,  Sn'trfart/  of  State,  to  Mr.  (ihnii,  iViHtrivt  attorneif. 

Department  of  State, 

\V<islihifiton,  Xonmht'f  11>,  181J). 

Hiu  :  Your  letter  of  tlic  KJtii  instant  hiis  Immmi  laid  Ix'loro  tin*  Presi- 
dent of  the  United  States,  by  whose  direction  I  am  happy  to  assure  you 
tliiit  MO  complaint  or  (tlnujie  of  any  kind  has  ever  been  exhibited  to  liim 
iiffiiiiist  .vou,  and  tinit  he  lias  never  received  Irom  any  person  the  most 
(listiint  intimation  atlectin;;  the  intej^rity  ot  your  eharai'ter  or  the  faith- 
t'lilnessof  your  oIlhMal  serviet's.  To  this  I  add  with  pleasure  that  no 
ivpresentation  of  a  dillerent  character  has  ever  been  received  at  this 
Department,  and  my  entire  conviction  that  the  suj>gestion  to  you  of 
Jiid^^eDuvall  was  founded  upon  erroneous  intbrmation. 
I  am,  «&c., 

JOHN  Q.  ADAMS. 
El  as  (ieenn. 

District  Attorneif  of  the  United  States,  District  of  Mart/land. 


Mr.  McCuiloih,  collector,  to  Mr.  Jackson. 

•      Cl  STOM-IIOUSE,  BALTIMOKE, 

Collector^  Office,  December  3,  18U). 
Silt:  It  has  been  icported  to  me  this  morninjj:  that  you  have  said, 
upon  beiiifi;  asked  about  some  j?un-carriaj{es  inyour  wcukshop,  that  they 
were  i)artly  old,  and  that  the  men  who  employed  you  to  make  them  told 

you  that  they  had  the  collector's  instructions  to  do  them  in  such 
[132]    a  way  as  woidd  *just  keep  (dear  of  the  laws,  intimating  thereby 

that  they  had  been  instructed  by  me  in  the  way  to  evade  the  law. 
This  is  su(rh  an  impudent,  barefaced  falsehood  that,  though  I  am  per- 
suaded this  has  never  been  said  to  you,  I  cannot  but  wonder  that  you 
should  believe  and  repeat  such  things,  wlio  surely  know  me  well  enough 
to  suppose  that  I  would  neither  enudate  nor  deliver  such  disgraceful 
lessons.  The  whole  is  a  declaration  of  false  knaves,  and  the  carriages 
imist  not  be  delivered  to  any  foreign  vessel  of  war  with  those  who  are 
ni  ))ea(!e  with  the  United  States,  under  penalty  of  aiding  and  assisting  in 
tittinji  them  out  contrary  to  law. 

I  am,  sir,  with  better  hopes  for  your  future  observations  on  this  sub- 
ject and  on  me,  yours, 

J.  H.  Mcculloch. 

Mr.  William  Jackson. 


Mr.  McCulloch,  collector,  to  Captnin  WehHter. 

CusTOM-HousE,  Baltimore, 

Collector's  Office,  December  3,  1819. 

Sir  :  Upon  receiving  this  be  pleased  to  attend  the  South  American 

schooner  El  Ameida  till  she  goes  out  of  the  Chesapeake.    You  will 

anchor  near  her  when  she  anchors,  and  keep  oft*  all  boats  or  vessels 

[132]   visiting  her  aud  prevent  anything  being  *carried  on  board  her 

from  the  water  or  land  side  that  will  add  to  her  military  strength. 


500 


TREATY    OF   WASHINTJTON PAPKRS   ACCOMPANYING 


Tli(»  norossnry  snpplios  of  fiosli  ])rovisi<)ns  and  wator  and  vogotiihlcs 
arc  not  intcndo*!  to  be  ueniod,  but  men  and  warlike  stores  must  l)i> 
driven  ott"  or  seized. 

If  tlie  inspector  meet  you  lie  will  pive  you  the  commission  and  clear- 
ance of  tlie  vessel,  which  you  will  please  deliver  to  her  com'i.nulcr  m 
hei'  «lei>arture. 

J.  II.  Mcculloch. 

Captain  John  A.  Webster. 


Mr.  McCvUoch  to  any  officer  of  the  United  titaten  Nary  or  Army. 

CUSTOM-HOT^SE,  I]ALTI3I()1{E, 

Collector's  Office,  December  IS,  ISIO. 

The  l)rij>-  Irresistiltle,  a  South  American  privateer,  has  lelt  this  jioit 
contrary  to  law. 

The  collector  of  the  customs,  therefore,  accordin<>-  to  insductioiis  re- 
peatedly directi'd  to  him  from  the  Secretaries  of  the  Is'avy  and  of  \\;\\\  re- 
quests the  assistance  of  any  naval  oilicer  or  military  commander  to  Inl- 
lov,  detain,  and  send  back  said  brig  to  this  or  any  other  Judicial  <listriet 
of  the  United  States. 
IJespectfuilv, 

JAMES  IL  Mcculloch. 


»««^ 


[134J        *j\[r.  McCuUoch,  collector,  to  Captain  Webster,  Baltimore. 

Customhouse,  Bai.toiore, 

Collector'' s  Office,  Janiwry  8,  ISl'O. 

Sir:  The  South  American  brig  of  war  Congressio  do  Venezuela  beiii}! 
about  to  depart  from  this  port,  it  will  be  necessary  to  examine  her  crew, 
and  make  rejmrt  here  if  any  dilference  in  number  and  (puility  from  what 
is  permitted  should  be  found.  Persons  thus  improperly  entered  must  be 
disembarked.  Any  addition  to  the  force  of  the  vessel  in  equipment  iuid 
'arnmment  must  be  taken  oft"  before  she  can  depart. 

To  enable  you  to  i)erform  the  business  arigh~f ,  the  re|)ort  of  the  vessel 
at  arrival,  ami  the  coi>y  of  her  commission  from  court,  are  lunuled  von 
with  this.  The  latter,  ui)on  finding  all  right,  yon  will  pleast^  to  deliver 
to  the  commander,  on  leaving  him  at  the  cho])sof  the  bay,  whithei  it  is 
proper  to  accompany  him  to  prevent  any  illicit  supi»lies  going  on  board 
ot  articfles  of  war  forbidden  by  our  neutnility. 

With  wishes  for  your  pleasant  run  and  a  safe  return, 
Your  obedient  servant, 

J.   II.  aicCULLOCn. 

Captain  J.  A.  Webster. 


Mr.  McCiiUoch,  collector,  to  Captain  Webster. 

CusTOM-IIonsE,  Baltimore, 

Collector^  Office,  December  IS,  ISIO. 
Sir  :  You  will  please  to  proceed  immediately  to  Norfolk,  and  apply  to 
any  officer   of  the  United  States,  having  a  suitable  force  at  com- 


COUNTER    CASE    OF   THE    UNITED    STATES. 


;) 


01 


iULLOCII, 


[i;],')]  inaiid,  to  assist  yoii  *\vith  all  speed  toiiiteroept  the  \m<*  Irresisti- 
ble, to  iletaiii,  arrest,  and  briii<»;  back^o  tiiis  port,  or  any  district 
of  the  United  States,"  the  said  brif^';  lier  conunander  and  crew  having 
violiited  the  laws  of  the  United  States  by  entering;'  and  recruitinj;'  men 
ill  oiu"  district,  thereby  inereasinj;'  her  fon-e,  «S:c.,  in  breach  of  our  neu- 
tiiility. 

You  will,  thert'fore,  run  straij^ht  down,  without  stopi)ing,  and  yet 
iilu'iid  of  tiie  briji,  if  possible';  and  apply  to  tin*  naval  coininaiider  of 
iiiiy  of  the  United  States  vessels  to  assist  to  stop  her,  and  brinj;'  her  in 
for  trial  for  the  said  otfen.ses. 
Yours, 

J.  H.  Mcculloch. 

Captain  J.  A.  Wkhsteii. 


ULLOCll. 


Mr.  McCuUovh,  coUcctor,  to  ^fr.  Glenn,  iJistrict  attorneif. 

Custom-  House,  li Ai/rniouE, 

Collector's  Ojjicc,  Jnnmrif  11,  1820. 

8iii:  1  have  directed  a  number  of  men,  who  have  declared  themselves 
to  be  fiti/ens  of  the  United  States,  to  be  landed  tiom  thr  South  Ameri- 
can l)ri,y;  Conyressio  de  Venezuela,  Iiic^hanl  Nivon,  commander,  who  say 
tlu'V  weie  shipped  by  certain  persons  t'ov  tiie  service  of  that  country 
aj-aiiist  Spain,  with  whom  we  areai  peace.  They  a[)pear  previously  t() 
liave  made  oath,  before  Justices  of  tl  e  peace  for  this  city,  that  they  were 
si'vcrally  foreif>ners;  but  they  now  say  that  other  men  made  oath  for 
tiu'm;  ami  they  have  <'iilisted  unch'r  this  simulated  proceed injjs, 
[i;i(i]  as  above  said.  *Tliey  will  be  brouj^ht  to  your  oftice  this  after- 
noon, that  you  may  take  such  testimony  as  you  see  needful,  and 
prosecute  the  men  who  enlisted  thus  feiynedly. 

A  paper  containinti'  the  names  of  seamen  and  shippers,  authenticated 
In  tlie  oatii  of  Captain  Daniels  and  the  certi(icat<M)f  Captain  Webster, 
of  tlic  cutter,  as  well  as  the  maj>istrates'  certilicate  of  the  oaths  taken 
h  the  sailors  before  them,  are  all  sent  herewith. 

JxVS.  11.  .AIcCULLOCn. 

Klias  Glenn,  E»q. 


i 


JULLOCIL 


Mr.  Adams,  Seeretan/  of  State,  to  Mr.  />raf/ton,  (listrietjudtfe. 

l)EPARr:MENT  OF  STATE, 

Wastiinffton,  April  lo,  1820. 
Siii:  1  have  had  the  honor  of  receivinjy  your  letter  of  the  21st  ultimo* 
and,  conformably  to  the  recounnendati(ms  (;ontaine<l  in  it,  tlu'  ['resident 
lias  determined  not  to  inter|)ose  to  respite,  or  suspend  the  exe<*ution  of. 
the  sentence  of  (1.  Clark  and  II.  l\ol)erts  (dias  De  W»)lf.  He  has,  in  the 
cases  otCirirtin  and  lirailsford,  dire(!ted  a  reprieve  for  two  nu)nths  from 
the  12tli  of  May,  the  day  fixed  by  the  senten"e  of  the  court  for  their  exe- 
ontioii.  It  is  his  intention  to  pardon  them  ultimately  (;n  thec.rpital  con- 
viction, but  to  leave  them  subject  to  the  sentence  of  imprisonnu'nt  which 
tlie  court  may  pass  upon  them  on  the  indictments  to  which  they  have 
l)leaded  guilty.  I  am  uncertain  whether,  according  to  the  course 
[137]   of  judicial  proceedings,  *a  sentence  of  imprisonnu'iit  for  a  term  ex- 


1 


*  'W    7  '  '"■ 


l.  1)1    -  ••• 


502 


TREATY    OF    WASHINGTON PAPERS   ACCOMPANYING 


teiuliii;T  beyond  the  period  at  wliicli  the  reprieve  will  expire  can  be 
passed  by  th«i  court,  or  wheHier  it  be  necessary  tliat  a  panlon  for  the  piracy 
should  issuo,  to  enable  the  court  to  sentence  tiieni  to  iniprisonnu'iit  liii 
11  term  of  years,  on  the  indictments  for  misprision  of  felony,  hi  tliclat 
ter  cu'^^e,  I  will  be  obligfed  to  you  for  notice  of  it  as  early  as  may  be  ('(ni. 
venient,  upon  which  a  conditioiial  pardon  for  the  i^iracy  will  be  trans 
itjitted  to  the  marshal,  to  take  effect  on  the  condition  that  the  |)arti(.s 
shall  undergo  such  term  of  imprisonment  as  the  sentence  of  the  court 
may  decree  aj^ainst  them  on  the  indictments  for  the  miiior  otfciist-.-,  to 
which  they  have  pleaded  guilty.  It  is  presumed  that  there  will  be  tiiiK' 
for  me  to  be  honored  with  your  rejdy  to  this  letter,  and  for  such  a  con- 
ditional pardon  to  be  made  out  and  to  reach  the  uuirshal  before  or  at 
the  day  of  the  next  session  of  the  circuit  court. 


am,  «S:c., 


John  Drayton,  Esq., 

United  /States  District  Judge,  Charleston. 


JXO.  (^UINCY  ADAMS. 


Mr,  Adams,  Secretary  of  State,  to  Mr.  Kicholson,  United  States  marshal 

Department  of  State, 

Washington,  April  17,  1820. 
Sir  :  Since  the  date  of  the  pardcm  and  reprieves,  which  wee  forwanlod 
to  you  on  the  od  instant,  in  the  cases  of  John  Triekhart,  lVt»  r 
[138J    Morel,  and  others,  who  *are  under  sentence  of  death  for  i)ira(',v. 
the  President  has  understood  that,  according  to  usage  in  tlie 
State  <tf  Louisiana,  when  capital  puni.shment  is  to  be  inlli(!ted,  death- 
warrants  are  necessary;  and,  in  conformity  with  that  ]>ractice,  1  inclose 
herewith  two  death-warrants,  respectively  enjoining  the  execution  of 
the  sentence  passe<l  upon  John  Dertarge  an<l  Kobert  Johnston  by  tlio 
district  court  of  the  United  States  for  your  district. 

I'lease  to  acknowledge  the  receipt  of  this  letter  and  its  accompanvin^ 
inclosures. 

I  am,  &.V., 

JOHN  QUINCY  ADAMS. 
John  Nicholson,  Escj., 

Marshal  of  the  United  States 

in  and  for  the  district  of  Louisiana,  New  Orleans. 


Mr.  Adams,  Secretary  of  State,  to  Mr.  Austin. 

Depart:\ient  of  State, 

Washington,  May  2'),  1S20. 

Sir:  In  answer  to  your  letter  of  the  22d  ultimo,  and  that  of  the  l<!tli 
instant,  I  have  to  state  that,  upon  the  receii)t  of  the  former,  wliitli 
inclosed  the  i)etition8  of  William  Holmes,  Edmuml  Kosemaine.  and 
Thonms  Warrington,  ibr  pardon,  in  the  case  of  their  conviction  for  tin- 
crime  of  i)iratical  murder,  they  were  submitted  to  the  President,  wlio 
reierred  the  jiapers  to  the  Attorney-Cieneral  for  his  opinion.  A  copy  ol 
that  opinion  is  herewith  transmitted  to  you,  in  which,  froir.  a  f<»ll  <'i:' 


COUNTER   CASE   OF    THE    UNITED    STATES. 


503 


sideration  of  all  the  circuinstaixies  presented  to  his  view,  the 
i;3()]    President  reluctantly  feels  himself  eoin*i)elled  to  concur. 
1  anj,  »S:c., 

JOHN  QUIXCY  ADAMS. 
James  T.  Austin,  Es<i., 

Bofiton,  MasNiwhiisetts. 


{  ADAMS. 


tfates  mnrslml 


Mr.  Achnns,  Secretary  of  State,  to  Mr.  Prince,  United  States  marshal. 

Department  of  State, 

WaaJdnpton,  Mai/  25,  1820. 

Sir:  Yonr  letter  of  the  17th  instant,  whi(!h  informs  me  of  the  sentence 
lirononnced  ui)on  Rosenmine  and  otiiers,  by  the  circuit  court  of  the 
United  States  for  the  district  of  Massachusetts,  has  been  duly  receivc<l. 
rioin  a  full  consideration  of  all  the  circumstances  of  the  case,  the  Presi- 
dent declines  interposing,  and  leaves  theui  to  the  oi)eration  of  the  law. 
1  am,  &c., 

JOHT^  OFTINCY  ADxVMS. 
James  Prince,  Esq., 

Marshal  of  the  United  States  for  the  district  of  Massachusetts. 


«*ii 


icconipiuiviiii; 


Y  ADAMS. 


[IfOj    *Mr.  Adams,  Secretary  of  State,  to  Mr.  Parker,  district  attorney. 

Department  of  State, 

Jnly  20,  1820. 

Sir:  I  have  had  the  honor  of  receiving'  you  letters  of  the  b  r,  2d, 
and  L'lst  instant,  and  shall  pay  every  attention  in  my  jjower  to  their  con- 
tents. 

Tile  frijjate  Constellation  has  sailed,  or  is  about  to  sail,  from  New  York 
tor  Uuenos  A,\ers.  JNIr.  Forbes  goes  out  in  her,  and  has  been  iiistructed 
to  ivHionstrate  in  the  strongest  terms  against  tlie  !irti<,'k's  of  their  priva- 
teering ordii  .inee,  which  open  the  door  lO  all  the  piracies  committed  un- 
dt'i' their  tl;  ..  fiiese  articles  are  the  third  and  the  eighth,  as  you  will  ini- 
leediaiei^-  ^h-i*  *  \e  on  reference  to  them.  (See  appendix  to  4  Whea- 
ton.s  1.'  X  ;>,  )<.:]{),  ;;i.)  Commodore  Terry,  and  afterward Comnuxlore 
Morris,  we)':  (".>);ucted  to  remonstrate  against  tliem;  but  the  lamen- 
table deiit'' c  *h<'  former  prevented  his  ever  reaching  linenos  Ayres; 
and  the  sti"!'  >. '  .iiarchy  and  revolution  in  which  the  latter  found  that 
onntry  made  nis  remonstrances  ineffectual. 

.Air.  Forbes  is  charged  to  state  the  cases  both  of  t!ie(ieneral  Kon- 
[Ul]  dean  aiul  the  AVilson;  but  by  the  manif\si;>of  Mr.  Surgeon  *\Vhee- 
don,  published  in  our  papers,  C;ii)tain  Almeiti.i  \iv.  longerhails  from 
Hneiios  -i^y  res,  nor  calls  his  brig  the  \Vilson,  He  has  become  a  denizen  of 
tlie  HPw  republic  of  Colombia,  and  4!alls  his  privateer  the  IJolivar.  This 
san"  J  "eida  was  iiiv  captj>iii  of  the  Louisa,  from  which  1  thiid;  Clark 
and  ;'       V. ere  hung;  but  he  was  then  a  Huenos  Ayrean. 

Wr. ' ;  i'  .MI'  insists  that  the  only  proper  court  to  try  the  merits  of 
Ids  cause  .:  tne  court  at  the  island  of  Margaritta.  It  is  i)Kecisely  that 
cotirt,  combining  with  the  third  and  eighth  articles  of  the  Buenos  Ayres 
]>rivateeriiig  ordinaiu-e,  which  sanctions  all  the  piracies.  We  have  re- 
monstrated, and  shall  continue  to  remonstrate  against  its  proceedings. 


i  .:i;': 


504 


TR?]ATY    OF   WASHINGTON PAPERS   ACCOMPANYING 


'!H'    ■ 


But  I  believe  our  ultimate  reliance  for  the  suppression  of  piracy  must 
be  upon  tiie  tribunals  of  our  own  country. 

You  will  have  .seen  by  the  ne\vs|)apers  that  the  mutineers  of  tlic 
General  Rondeau  killed  only  one  of  their  officers,  and  that  Ca|itiiiii 
David  B.  Miles  has  sately  arrived  at  Margaritta,  and  there  proclaiiiuMJ 
them  pirates.  We  have  evidence  at  this  Dei)artment  that  this  Captain 
]\Iiles,  in  May,  181J),  went  from  Buenos  Ayres  to  Valparaiso  wjtli 
fl42j  one  of  his  i)ri/es,  and  there  entered  her  as  a  *vessel  of  the  IJnitcd 
States,  with  fov^ed  papers,  bought  at  Buenos  Ayres  for  fiveluin- 
dred  dollars,  by  Mr.  .Juan  Hi]Lj}>inl»otham,  mentioned  in  your  letter  ot  the 
2d  instant  as  part  owner  of  the  (leneral  Kondeau. 

If  Miles  should  make  his  appearance  in  this  country  to  bear  tpsti- 
?aony  against  his  mutineers,  it  will  serve  infinitely  more  the  cause  ot 
justice  if  testimony  can  be  obtained  to  reward  him  according  to  hisow.: 
deserts.  1  beg  leave  to  recommend  this  to  your  ])articular  attention, 
Tliis  fact  of  his  going  with  forged  United  States  papers  to  Valparaiso, 
in  a  pretended  ship  I\Iercury,  you  will  please  to  keep  secret  for  thepris 
ent,  but  if  he  shows  his  face  in  the  prosecution  of  his  mutineers,  you 
will  make  such  use  of  it  as  you  may  think  advisabl".  The  forged  papers 
are  here,  and  an  inso1<>nt  letter  fnun  Higginbotham  to  Mr,  IJill,  the 
vice  consul  at  Vali)arai  .  'he,  as  his  duty  re(piired,  obtaiiu'd  ])o;,.-.'ssioii 
of  the  papers  and  sent  t.i  this  Department.     Should  copies  of  rheni 

or  the  originals  themselve.       ■  necessary  upon   any  of  the  trials,  they 
shall  be  furnisjied  upon  your  ap[»lication  for  them. 
I  am,  &c., 

JOHN  (JUINCY  ADAMiS. 

Thomas  Parkek,  Esq., 

United  States  District  Attorney, 

Charleston,  iSouth  Carolina. 


[143]  *Mr.  Adams,  Secretary  of  State,  to  Mr.  Glenn,  district  attorney. 

Departmen  r  of  State, 

Washington,  Anynst  U,  ISl'd. 

Sir:  Iijlormation  has  been  given  to  the  President  of  the  United 
States  that  the  Portuguese  ship  ^Montalegre  was  sold  on  the  Istof -Iniie, 
purchased  by  a  person  named  Chase,  now  under  indictment  for  piracy, 
and  is  to  be  fttted  out  as  a  privateer,  and  to  be  commanded  bv  Captain 
Ta.N  lor. 

It  is  certain  that  this  purpose  cannot  be  carried  into  effect  but  by  the 
grossest  violation  of  the  laws  of  the  United  States.  The  execution  ot 
the  two  miserable  men  who  had  been  induced  to  join  a  similar  unlawt'nl 
armament  in  the  port  of  Baltimore,  and  the  numerous  other  victims  ot 
such  expedition  whose  forteited  lives  have  been  si)ared  only  by  the 
clemency  of  the  Executive,  have  exhibited  in  the  deepest  colors  the 
duty  of  vigilance  .i  all  the  officers  of  the  United  States,  to  arrest  before 
their  accomplishment  attempts,  the  imtural  and  unavoidable  conse 
quences  of  which  are  thus  awful  and  calamitous.  I  am  directed  by  the 
President  «»f  the  United  States  earnestly  to  request  your  attention  to  this 
case,  and  if  by  any  official  interposition  of  yours,  or  of  any  other  officer  of 
the  Govern nu'ut  at  lialtimore,  the  design  of  this  new  outrage  upon 
[144j    the  laws  of  the  country,  of  nations,  and  of  humanity  can  *be  frus- 


YING 


COUNTER   CASE    OF    THE    UNITED    STATES. 


505 


f  pirjiey  innst 

ilKHM-S    of  tlU' 

that  Ca|itjiiii 
ro  proclaiiiHMl 
t  this  Captain 
iljunaiso  witji 
of  the  (jiiitcd 
s  for  liv(Hiiiii- 
T  lettt'V  ot  tilt' 

to  boar  testi- 
ly th<'  cause  of 
iifi;  to  hisow.; 
ihir  attcMitioii. 
o  Valparaiso, 
t  for  thopri's- 
iiUiiR'«»rs,  you 
forj>0(l  papers 
>Mr.  Jlill,  the 
led  i)o;;.-.'ssioii 
'.opiesof  Them 
e  trials,  tliey 


r  ADAMS. 


attornei/. 

;e, 

lust  U,  1820. 
f  tiie  United 
c  1st  of . I  line, 
lit  for  i>iraey, 
d  by  Captain 

!Ct  but  by  the 

exi'cutitni  of 

lihir  niihnvt'ul 

wv  victims  ot 

only  by  the 

st  colors  the 

arrest  before 

iduble  conse- 

•cctcd  by  the 

oiitioii  to  this 

thcrotlicerot' 

outrage  upon 

can  *be  tnis- 


tratod.  he  trusts  that  no  exertion  will  be  wanting  on  your  and  their 
part  to  that  end. 
1  am,  &c., 

JOHN  QUINCY  ADAMS. 
Elias  Glenn,  Esq., 

District  Attorney  United  States  for  the  District  of  Marijhtnd. 


Mr.  McCuUoch,  collector,  to  Mr.  Glenn,  district  attornei/. 

CrSTOM-IIOUSF.   JiALTHIOKE, 

CoUector\s  Office,  Noreniher  1,  1S20. 

DeauSir:  Upon  receiving  your  note  with  that  of  the  Spanish  con- 
sul inclosed,  an  order  was  iuiniediately  given  to  two  inspectors  of  the 
eustonis  to  proceed  to  the  i)oint  and  examine  the  >  'vcral  vessels  nien- 
tioneil  in  a  ])articular  manner,  and  a  report  has  Just  been  handed  to  me 
by  tlu^  ofllcers  thus  appointed,  the  result  of  which,  in  their  own  words, 
is  as  follows : 

At  Caiitnin  Mtn'iick'.s  wharf  found  a  now  schooner  couiph'tcly  rinneil.  witli  t.luco 
(jilt  stiirs  (111  the  stern,  no  iianio,  and  nothing  on  boanl  except  a  small  iniaiitity  of 
itallast.  The  second  vessel  named  was  not  found.  Tli«a'o  iire  other  schooners  at  the 
wliiiif,  viz. :  the  lilueher,  Waverly,  and  ii  ([uite  new  vesbol,  mast  stiuidin<>'  only,  and  a 
coiisidi  nihle  ,,nantity  of  water  In  the  liold. 

The  hrij;-  Inde|)eii(lencia  has  I.")  ji;niis  mounted  on  deck,  and  her  old  or  former  arma- 
iiieiit ;  no  sails  bent ;  with  two  persons  on  board. 

[U")]  *To  this  I  add  that  the  first  schooner  (with  stars)  is  owned  by 
Cai)tain  Kelly,  the  Blucher,  by  Coil's  Tennant,  tlui  Waverly, 
byC.  Malloy  and  J.  Williams.  The  two  last  have  lately  returned  from 
I'oiuniercial  voyages,  the  first  is,  as  well  as  the  hist,  owned  by  persons 
hitherto  clear  of  any  impntati(Mis  of  such  proceeding  as  the  consul 
seems  to  apprehend.  It  must  be  supposed  he  is  deceived  by  i)er.sons 
wiio  report  in  this  ca.se  without  km  wledge  of  the  ownership  or  circum- 
stiuiees  of  the  vessels  beyond  their  outsi<les.  The  Independencia  is  a 
public  vessel  of  the  Buenos  Ayrean  government,  ami  (cannot  be  detained 
when  she  is  ready  to  proceed,  unless  upon  knowledge  :  f  illegal  arma- 
laeut,  c^c. 

JAS.  ri.  Mcculloch. 

Elias  Glenn,  esq. 

r.  S.— The  new  vessel  cannot  move  till  measured,  &c. 


Mr.  McCulloch,  collector,  to  Captain  Webster. 

Custom  ITorsE,  Baltimore, 

Collector's  Office,  November  3,  1S20. 
Sill:  lMea.se  to  iiroceed  down  the  bay  with  the  cutter  Active  under 
yoiu  connnand.     The  Sally,  Carutliers  master,  cleared  here  on  the  KJth 
Oftolter,  and  after  examination  was  permitted  to  i)roceed  w  ith  one  gun 
ill  the  hold,  &c.,  as  reported  in  her  manifest.   Circunistaiuics,  concurring 
with  informsition  from  the  Spanish  end)assador,  lead  us  to  believe 
\^^   that  there  is  an  intention  to  cruise  with  that  vessel  before  *her  arri- 
val perhaps  at  a  foreign  port.     If  you  ttiid  any  additional  men  on 
l^oard  under  the  name  of  passengers  or  otlierwise,  you  had  better  take 


I 


606 


IREATY   OF    WASHINGTON PAPERS   ACCOMPANYING 


i  ti  ^ 


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fir 


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:       i, 


ber  into  Norfolk  .and  search  lier  tlioroufjlily.  If  more  jjnns  are  found 
on  board,  or  articles  of  warlike  jnvparation  considerably  beyond  tlic 
contents  of  the  nianifost,  brinj?  her  here  for  trial.  If  no  addition  of  men 
or  no  material  ditterence  of  military  stores  appears,  take  away  tliti  "nii- 
carria<;e  or  its  trucks,  rammers,  &e.,  to  prevent  any  nse  beinp;  made  of  it 
during-  the  ])assa}'e  outward,  or  nnd\e  tluMn  land  tiie  {jnn  itself,  tliat  no 
l)retense  nniy  be  left  of  their  haviii;;  fitted  here  for  hostilities. 
I  am,  yours,  &c., 

J.  H.  Mcculloch. 

Captain  John  A.  Webster. 


Mr.  McGulloch,  collector,  to  Captahi  Webster. 

Custom- House,  Baltimore, 

Collector's  Office,  December  13, 1820. 

8ir  :  Please  to  proceed  with  the  cutter  Active,  under  your  c()mn)an(l,in 
comi)any  with  the  Uuenos  Ayrean  brig  of  war  Independencia  del  iSnd 
to  the  capes  of  Virginia,  for  the  purpose  of  preventing  any  iinproiHi 
commuiii(fation  with  the  shore  or  with  any  vessels  which  might  coiivtv 
to  her  supplies  of  arms,  ammuTiition,  or  men.  She  is  a  pui)lic  vcssci, 
and  therefore  we  have  treated  her  with  a  little  Jiiore  respect  than 
[147]  some  others  not  bearing  the  same  *commission.  Her  olliceis 
have  also  been  particular  in  their  manner,  and  well -behaved 
heretofore. 

If  she  goes  into  Norfolk  jou  will  then  report  yourself  to  the  collector 
there,  and  resign  your  charge  to  theofhcersof  that  port,  returnii!<>'  with 
the  usual  lookout  on  both  sides  of  the  bay,  and  as  you  tind  it  exiiedi 
cut  at  this  season. 

J.  H.  ]\IcCULLOCH. 

Captain  JouN  A.  Webster. 


Mr.  McCulloch,  collector,  to  Mr.  Lown/,  surveyor. 

Customhouse,  Baltdiore, 

Collector's  Office,  August  18, 1S21. 

Sir  :  Pl"ase  direct  the  otlicer  charged  with  an  attention  to  the  South 
American  brig  San  Jose  to  go  on  board  and  i)eremptorily  forbid  the 
putting  in  ring  bolts,  stanchions,  or  any  other  appurtenance  to  tlie 
mounting  of  guns  beyond  what  she  was  lifted  with  at  arrival  hero. 

JAMES  H.  Mcculloch, 

CoUeetor. 
William  Lowry,  Esq., 

ISurreyor  of  the  Port  of  Baltimore. 


Mr.  McCulloch,  collector^  to  Mr,  Crauford,  Secretary  of  the  Treasury. 

Custom- House,  Baltimore, 

Collector's  Office,  October  3, 1821. 

Sir  :  Since  writing  this  morning  by  Captain  Uieter  on  the  subject  ot 
a   South   American    vessel,  which  lias  been  reported  to  jou  before, 


COUNTER    CASE   OF    THE    UNITED    STATES. 


507 


CULLOCII. 


[118]  the  Si)aiiisli  *consul  ad  interim  has  a(l(lresae<l  me  a  note  respect- 
iiif»-  her,  which  I  l)e<>  leave  to  transmit  for  your  inspecttion.  As 
ho  called  on  me  himtjelt'I  had  the  opportunity  of  tindinj^*  that  iiis  .state- 
ments are  made  on  the  reports  (iarried  to  him,  as  was  to  be  expected. 
;Vs  to  her  takinjn  }iuns  or  men  within  our  waters,  that  sliall  be  guarded 
against  by  the  fullest  inspection  here  and  sendin}>'  tlu":  cutter  to  accom- 
pany lier  to  sea.  But  the  otiicers  of  the  vessel,  knowinj^  the  suspicion 
entertained  here,  have  not  only  made  the  stronj;:est  assurances  of  their 
tail'  intentions,  but,  have  requested  that  an  inspector  should  atten<l  at 
the  taking  in  of  every  article  [»ernntted,  saying  that,  if  wanted,  her  old 
iuinanient  renuiins  at  Margueritta,  and  they  h.v*e  no  occasion  for  any- 
thin};  but  what  can  be  supplied  there  for  military  purposes.  They 
wanted  a  new  cam-house,  w  hich  they  did  not  otter  to  take  until  they 
applied  for  pernnssiou,  which  was  granted  after  the  ruined  state  of  the 
old  one  was  ascertained.  No  extraordinary  supplies  of  any  kind  will  be 
allowed  to  her  here,  but  the  matter  is  submitted  to  your  judgment  upon 
all  the  re)>resentations. 

J.  H.  3ICCLLLOCH. 
Wji.  II.  Crawfokd,  Esq. 


CULLOCU. 


[149J  *Mr.  McCulloch,  collector,  to  Mr.  Crawford,  Secretarii  of  Treasury. 

Cl  STOM-IIOUSE,  BALTIMOKK, 

Collector's  Office,  November  8,  1S21. 

Sin:  As  soon  as  i)racticable  after  receiving  your  letter  of  the  r)tli  in- 
stant, respecting  the  South  Ameri(!an  brig  San  Jose,  another  exannna- 
tion  was  ordered,  to  ascertain  the  state  of  the  vessel,  agreeable  to  your 
(lirectioii.  It  is  but  a  little  while  since  the  same  measure  was  taken, 
upon  a  note  being  addressed  to  me  by  the  Spanish  c(nisul  here.  It  was 
not  thought  necessary  to  make  any  observations  to  the  Government  ou 
the  snbject.  I  was  apprised  that  a  copy  of  his  note  was  transmitted  to 
the  minister  at  VVasliington.  The  fact  is  that  a  constant  watch  has 
been  kept  on  this  vessel,  and  we  are  ac(iuainted  with  every  ])articular 
respecting  her.  But  the  reporters  to  the  GovernnuMit  give  the  rumors 
eoiistantly  Hoating  In  their  atmosphere,  in  which  conjecture  and  imag- 
ination take  the  gieatest  part.  Mr.  Beatty,  the  Xavy  agent,  upon  be- 
iiiff  called  upon  for  such  information  as  he  had,  was  not  a  little  <lis- 
pleased  that  his  name  should  be  given  in  support  of  the  rumors,  which, 
intleed,  he  ac^knowledged  he  had  laid  before  the  Department,  but  with- 
out any  knowledge  of  his  own. 

1  beg  leave  to  repeat,  in  his  own  words,  the  rejjort  of  the  ollicer 
charged  with  the  present  examination : 

[15t>]  ^Baltimouk,  November  8, 1821. 

Iit'itify  that  I  have  Iteoii  att>'ii(liii<;  upon  the  ]»rize  Sati  Josfi  since  tlio  'i"J<l  Oc- 
fo'ier  at  least  twice  a  day,  and  havts  this  day  examined  the  niai;azine  and  liohl  of  said 
Vessel,  and  do  re|>ort  that  there  is  no  earj^o,  no  ainninnition  of  war,  nor  any  ecinipnients 
"tiler  than  when  slie  arrived;  that  there  is  notliinj^  in  Inn-  niajiazine,  and  notliinj;  but 
water-iasks  and  haUast  in  her  hohl;  that  her  present  coniphMnent  of  men  is  fonr  Span- 
liiiils.  who  came  in  tiie  vessel. 

JAMES  BURNS,  Impeelor. 


Wm.  II.  Crawford,  Esq. 


J.  H.  Mcculloch. 


m 


n'  'M 


rr" 


t:rk 


508  TliEATY    OF    WA8HIXGT0N — PAPERS    ACCOMPANYING 

Mr.  McCulloch,  collector,  to  Captain  Webster. 

Custom-House,  liALTOiouE, 

Collcetor\s  Office,  Soremher  IT),  Isi'i. 

SiK  :  In  (!onsoqn('nce  of  direct  ions  roeoivc*!  from  the  l)oj)ijrtiiit'iit  ,,1 

tlie  Trcs'.siiry  tlio  <Mitter  Active  is  to  jn'oceed,  in  company  witii  tlic  Snntli 

Americiin  hrift- San  Jose,  down  tlie  Itay  till  she  njeets  the  cutter  tmin 

Norfolk,  which  is  ordered  to  be  in  readiness  near  that  station,  and  wlijdi 

will  then  relieve  you  of  the  charge,  hoth  as  to  the  vessel  and  tlif 
[151J    marines  jiuton  hoard  of  you  there.     You  *will  after\var<l  coiitiiiiK 

to  cruise  in  the  neiH:hhorhood  of  the  capes  for  the  jairposc  of  in. 
terceptinji"  aFiy  vessel  havinj;"  tm  board  men,  arms,  or  munitions  of  wm 
intended  for  that  vessel.  But,  as  the  season  is  uncertain,  and  yoiuvcs 
sel  small,  the  time  employed  in  the  latter  service  must  be  onlercd  wjtli 
discretion,  and  the  cutter  preserve<l  from  the  casualties  of  seas  ami 
weather  as  far  as  possible. 

The  papers  of  the  vessel  and  the  clearance  from  this  i)ort  are  hiiiidiil 
you  herewith.  You  will  deliver  them  to  the  cai>tain  of  the  San  .losisit 
partinji,  or  rather  to  the  commanding;:  otiicer  of  the  United  States  iii;i 
rines  if  he  should  jjo  on  board  when  you  leave  the  briy,  but  not  otliir 
wise,  that  slie  may  not  be  expose«l  without  |>apers  by  accidental  i);irtiii;' 
from  the  Norfolk  cutter,  as  first  directed.  This  is  added,  as  1  am  i^jiid 
rant  ot  the  orders  <;iven  to  that  vessel. 

Captain  John  A.  Webster. 


J.  H.  .AlcCULLOCil. 


Mr.  McCuUoch,  collector,  to  Mr.  Loicry,  survci/or. 

Customhouse,  Baltimore, 

Collector's  Office,  December  Hi,  1S'21 

Sir:  Please  to  «lirect  an  officer  to  examine  minutely  the  e(piipinoiitof 
the  Colombian  schooner  General  Paez,  Jno.  Chase  commaiider. 
[152]  to  as<;ertain  that  her  repairs  have  not  exceeded  what  our  *iieiitnil 
ity  permits;  that  is,  that  the  work  here  done  to  the  vessel  lias  not 
added  to  her  nuliiary  streny;th  or  lifted  her  for  receiving  additional  aruia- 
meiit,  or  that  they  contier  any  other  or  nunc  capacity  than  she  possessed 
at  her  entrance  here,  except  as  replacing  spars  and  other  furniture  or 
tackle  unlit  for  safe  navigation. 

The  ofticer  must  also  exercise  a  particular  vigilance  as  to  any  men  or 
articles  of  armament  being  clandestinely  put  on  board  or  in  preparation, 
as  far  as  possible,  and  report  seasonably  to  this  ofiice. 

J.  H.  Mcculloch. 

Wm.  Lowry,  Esq., 

/Surreyor  of  the  Port  of  Baltimore. 


Mr.  McCulloch,  collector,  to  Mr.  Johnston. 

Customhouse,  Baltimore, 

Collector's  Office,  March  11),  ISL'3. 
Sir  :  The  Colombian  schooner  General  Paez,  commanded  by  John 
Chase,  arriv^ed  here  iu  August  last  from  u  cruise,  and  ai)plied  for  per- 


couxTEii  casp:  of  the  united  states. 


509 


mission  to  make  repairs;  this  was  granted,  but  as  coming  in  under  such 
circiiJiistanees  lorbi<ls  an  entry,  her  cargo  was  taken  into  possession. 
While  rctitting,  suits  having  l)een  hrouglit  against  the  captain,  lu^  was 
iiiTPSted,  committed    to    jail,  and  tlie  goods  taken  and   sohl   by   the 

marshal,  &C,,  «S:c.    Tlu^  vessel  lias  remained  ever  sin(!e  till  to  day, 
[1j3J    when  t\u'  *  captain,  being  liberated  uidcnown  to  me,  speedily  got 

on  board  with  his  tackle,  tS:c.,  and  seizing  the  oppoitunity  of  a 
ircsli  wind  ho  set  sail,  and  has  run  out  of  the  harbor  ami  river,  with 
intent  no  doubt  to  proceed  iuHuediately  to  sea.  Our  cutter  has  b«>en 
(iis|>iitched  after  him  with  a  civil  oHicer  and  process  for  arresting  him 
iiiiil  detaining  the  vessel,  heliaviiig  without  any  right  in  himself  carried 
drt'  the  schooner,  and  having  neither  made  declaration  nor  taken  dear 
mice  iit  this  oHice,  besides  leaving  a  nund)er  of  private  claims  unsatis- 
tied.  1  beg  that  if  any  vessel  of  war  or  the  revenue-cutter  is  in  i)ort, 
they  may  be  immediately  recpiired  to  stop  this  fellow,  whose  whole  con- 
duct is  of  the  most  desperate  and  tiagitious  character.  Our  cutter 
hi'iii;i  gone,  this  is  sent  by  the  steaml)oat  in  hopes  that  a  change  of  wind 
uiiiy  detain  the  «lisorderIy  privateersman  somewhere,  and  give  o})por- 
tiiiiitv  to  bring'  him  to  correction  for  his  misbeliavior. 

J.  H.  Mcculloch. 

James  Johnston,  Esq. 


cCULLOCII. 


jCULLOCH. 


|l.jfj    *Mr.  McCuUnch,  collector,  to  Mr.  Craivford,  Secretary  of  the  Treas- 
ury. 

Custom-House,  Baltimore, 

Collector's  Office,  March  26,  1823. 

8iR:  It  is  proper  to  inform  you  that  the  Colombian  cruiser  CJeneral 
i'az.  Chase  commander,  of  whose  situation  I  had  written  to  you  August 
i;').  18l'2,  has  been  suddenly  carried  off  from  this  port  without  declara- 
tion or  clearance  by  the  said  John  Chase,  in  contempt  of  the  public  au- 
tlioiities,  and  injuriously  to  individuals  concerned. 

Tlie  ca[)taiu  had  been  arrested  here  at  the  suit  of  a  foreign  agent,  the 
cai^ioon  board  liis  vessel  sold  by  order  of  court,  and  himself  imprisoned 
tor  want  (jf  bail.  The  vessel  remained  dismantled  for  several  months, 
till  during  the  hist  week  the  captain  receive*!  a  discharge  under  the  in- 
solvent laws  of  this  State,  as  is  reporte«l.  This  was  unknown  to  me 
till  information  came  frou»  the  cutter  that  lie  was  preparinj^  the  ves- 
sel tor  sea.  But  this  was  done  so  secretly  and  expeditiously  by  a  few 
of  his  otiicers  and  passengers  that  the  otlicerof  the  cutter  had  scarcely 
started  to  bring  the  information  before  the  privateer  was  under 
[155]  full  sail  and  running  down  the  river.  Having  a  strong  and  ♦fa- 
vorable wind,  blowing  almost  a  storm,  she  reached  the  capes  and 
went  to  sea  next  morning,  being  followed  in  vain  by  our  cutter,  and,  as 
I  am  informed,  by  the  United  States  brig  Spark,  which,  at  my  request 
throngh  the  collector  of  Norfolk,  had  been  dispatched  in  pursuit. 

What  has  made  the  transaction  more  remarkable  is  the  circumstance 
that  several  persons  interested  to  observe  his  motions,  and  who  were 
living  mound  the  spot,  were  unapprised  of  the  preparations  for  the  ves- 
sel's departure,  and  were  as  ignorant  as  every  one  else ;  a  few  ollicers 
liaving  put  her  under  way  at  breakfast  time,  and  some  men  having  been 
silently  dispatched  the  night  before  iu  two  or  three  small  boats  to  be 
taken  on  board  below. 


irf'fW 


510 


TKEATY    OF    WASHINGTON — I'AI'ERS    ACCOMPANYING 


It  was  ail  additional  unliiokinos.s  of  occurrence  that  the  (captain  aiid 
first  otlicer  of  the  cutter  were  both  (confined  to  tlieir  beds  by  sickiit'ss 
at  the  nionieiit.  The  secontl  oflicer,  Mr.  I'hilip  Marsliall,  with  -frcat 
zeal  and  activity,  jyot  under  sail  and  pursued  the  fufjitive  to  tin;  tniM's, 
ay:reeablv  to  his  orders,  notwitUstandiny;  the  boisterous  season. 

J.  H.  McCLMJ.OCH. 

W.M.  U.  (JRAWFORI),  ES(1. 


',«:■ 


[1.50] 


*Mr.  jUcCuIhch,  collector,  to  Mr.  Lowry,  anrrcyor. 


(nrsTOM-HorsE,  Baltimoue, 

Collector's  O^tfice,  AiaiHst  i),  }f>'2l 
Sir  :  Please  to  send  two  inspectors  of  the  customs  tomorrow  inoinin^' 
to  examine  the  Colombian  cruiser  Aj>uila,  below  the  fort.  The  olijcct  is 
to  ascertain  that  no  addition  is  made  to  her  force  by  any  new  warlike 
equipments  or  enlistments  of  xVmerican  seamen.  In  case  such  slioiild 
appear,  you  will  direct  the  ollicers  to  detain  the  commission,  «S:t'.,  ot'tlic 
vessel  herewith  sent  and  immediately  report  it  here.  If  otherwise,  tlicv 
will  deliver  the  captain  his  papers,  and  if  the  cutter  can  be  found,  deliver 
Captain  Webster  the  letter  lianded  herewith.  Return  if  no  occasion 
re<piires  a  furtiier  ju'oceeilinjf.  But  if  the  cutter  is  not  to  be  seen,  it 
will  be  proper  for  an  otllcer  to  ii'o  on  tid  she  can  be  met  with  or  any 
other  public  vessel,  to  the  commander  of  which  the  letter  to  Captain 
Webster  may  then  be  delivered. 

J.  H.  Mcculloch. 

Wm.  Lowry,  Es(i., 

Surveyor  of  the  Port  of  Baltmore. 


m 

Hit 


■ti 


I 


f 
i 


Mr.  MeCulloeh,  collector,  to  Captain  \Vebster. 

Customhouse,  Baltimore, 

Collector's  Office,  Auymi  1),  1824. 

Sir  :  It  seems  necessary  that  you  should  proceed  with  the  cutter 
[157]  to  accompany  the  South  *American  brig  Ajijuila  or  Eayle  down 
the  bay  to  the  capes.  You  will,  with  the  inspectors  of  the  ciis 
toms,  who  are  directed  in  the  business,  visit  and  examine  the  vessel  to 
see  that  she  has  not  made  an  addition  toher  armament  or  warlike  stores 
or  equipments,  of  which  an  inventory  at  her  entry  is  sent  by  theinsi)ect- 
ors.  The  crew  must  also  be  examined,  and  any  that  appear  to  be 
Americans  taken  out  and  brought  here,  that  they  who  shipped  them 
may  be  dealt  with  according  to  law.  You  will  then  please  to  accoiiipauy 
the  vessel  and  prevent  all  boats  from  boarding  her  unless  with  provis 
ions  and  refreshments. 

You  are  acquainted  with  the  reasons  that  make  this  necessary  under 
the  laws  of  neutrality,  for  the  observance  of  which  our  Government  and 
all  its  agents  are  answerable.  We  have  certainly  suttered  by  the  irrej;- 
ular  conduct  of  many  of  these  cruisers  heretofore,  though  Captain  Cot- 
trell,  I  trust,  has  not  nor  will  not  intentionally  infringe  our  regulations. 
But  the  temptations  to  enlist  men  are  such  that  the  people  he  employs 
maj'  care  but  little  what  becomes  of  the  peace  of  the  country  or  lor  the 
safety  of  our  people  who  visit  the  iJorts  of  Spain  and  her  colonies. 


COUNTER    CASE    OF    THE    INITED    STATES. 


511 


''^'1 


|i;)8]   Tlie  voxation  a'lvvu  to  iis  nii<l  inywlf,  as  •miu'li  (Mmecniod  |)«M\son- 
ally  ill  till'  exciMitioii  of  the  laws,  has  (Ictcnniiicd  me  to  «'xact  a 
ii<,'()r()us  eoiiipliaiute  with  them  in  all  cases. 

J.  H.  Mcculloch. 

Captain  JoiiN  A.  Weusteu. 


iCULLOClI. 


Mr.  Sterlinff,  disft'ict  attoniei/j  t't  Mr.  WilUdniH,  Attornrif  General. 

United  States  Attorney's  Oefk^e 

E()i{  THE  District  of  >Lviivi.and, 
United  States  Court- Itouse,  lialtiniore,  tfanuary'.'A),  IS7-. 

Sir:  Ket'erriii};-  to  your  letteiof  January  l.">,  1872,  in  which  yon  say  that 
tilt'  Si'civtary  of  State  has  re(iuesle«l  yon  to  obtain  from  me  a  full  re- 
port of  any  evideiuie  I  may  11  ml  on  the  records  in  my  otluje,  or  of  the 
I'liitcd  otates  courts  in  the  district  of  Maryland,  which  will  tend  to 
sliow  ill  what  manner  the  United  States  souf^ht  to  maintain  its  neu- 
trality, before  the  courts  in  that  district,  from  the  year  181.">  to  IS.JO  in- 
clusive, 1  resiH'ctfn'ily  r«'port  as  follows: 

There  are  no  papers  or  records  of  any  kind  in  theolHceof  the  United 
States  attorney  for  this  district  for  the  years  stated  in  your  impiiry. 
The  reason  for  this  is,  that  the  attorneys,  at  that  time,  had  no  ollices, 
except  their  jjrivate  ones  as  members  of  the  bar,  and  all  papers 
[1,V.>]  *iii  their  i)ossession  at  that  time  are  either  ainonfj  their  jtrivate  pa- 
pers or  are  lost,  or  are  anion*'"  the  records  of  the  United  Stati's  courts 
tor  this  district.  I  have  had  a  careful  search  macUMimh'r  my  perscmal  over- 
si;flitiii  all  the  recordsof  said  <;onrts,  fortlie  j)eriod  from  ISl.")  to  IS.Jdinclu- 
sive.  1  have  personally  examined  the  papers  and  dockets  in  cases  of 
]ii()seeiitions  (Inriiij^  those  years,  by  libels  on  vessels,  and  by  iudictments 
tor  breaches  of  the  neutrality  laws  of  the  United  States,  and  I  hnd  abun- 
dant evidence  from  these  recordsthat  the  attorneys  of  the  United  States 
tor  this  district,  during  those  years,  were  active  and  dili<;ent  in  entbrcing 
those  laws,  by  libels  ajj;ainst, vessels,  and  by  indictments,  both  under 
the  neutrality  act  of  1818,  chapter  88,  and  the  piracy  act  of  1819, 
chapter  77. 

1  tiiid  that  the  same  parties  were  indicted  at  the  same  tvnu  of  court 
under  both  laws,  and  tliat  the  i)iracies  charged  were  alleged  to  have 
been  coiiiiiiitted  on  the  property  or  persons  of  subjects  of  the  Kings  of 
Spain  and  Portugal,  and  that  those  who  had  served  on  armed  vessels, 
cruising  against  Spanish  or  Portuguese  coinmerce.,  v.eie  indi<!ted  for 
piracy  under  the  above-mentioned  act  oi  1819,  whi(th  act  the 
[IGO]  records  show  to  have  been  used  by  the  United  States  attorney  *to 
entbrce  the  neutrality  of  the  United  States,  as  well  as  the  above- 
mentioned  act  of  1818. 

It  appears  by  the  dockets  that,  in  cases  under  the  abovr  l:n'  s  where 
the  jirocess  of  arrest  against  the  persons  indicte«l  was  retiu  ir.d  non  est 
hwntm,  renewals  of  process  were  made  and  continued  during  several 
successive  terms  of  court,  showing  diligent  etlbrts  to  secure  the  arrest 
of  the  persons  indicted ;  and,  generally,  the  papers  and  d»)ckets  during 
the  years  aforementioned  exhibit,  on  inspection,  evidence  of  constant 
activity  and  diligence  on  the  i)art  of  the  law'-otiicers  of  the  Gov- 
ernineiit  here  in  enforcing  the  provisions  of  the  neutrality  laws  and 
maintaining  before  the  courts  the  neutrality  of  the  United  States. 

AKCHIBALD  STEULlNd, 
Attorney  of  the  United  States  for  the  District  of  Marylind. 

Hon.  George  H.  Williams,  Attorney-  General. 


-iff — "-^ 


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M  m 


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4 


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r)i2 


TUKATY    OF    WASHIN(iTOX — I'APKRS    ArCOMPAWIXfi 


[Ki.'JJ    *M):  (hahaiu,  Sevrctarjf  of  tin-  Nori^  to  Commodore  .MrP((uh% 

Unit  I'd  Stofi's  yary. 

Navy  Df.paktmknt,  yoreinlur  17,  ls:,i. 

Sii{  :  Inlbrmiitioii  lias  roiiclM'd  tin*  l*n'si«l«Mit  t>t'  tii*'  United  Sfiitcs 
tliat  iiii  t'Ooil  is  liciii};  iiiiulc  at  San  Fiaiu'is<M),  (California,  to  iiiisc  im 
ex|HMlili»)n  lor  the  purpose  of  t'stal»lisliin<i' a  new  lorin  of  f-'ovcriiniciit 
at  tilt'  Saiulwicli  Islands,  and  it  is  apprcluMidod  that  citizens  of  fh,. 
United  States  may,  in  violation  of  onr  laws,  lit  out  military  «'.\pe(liti(»ii,s 
from  Califoinia  for  the  fnirpose  above  referred  to. 

Yon  are,  therefore,  directed  hy  the  Tresiileiit  to  (consult  with  tlic 
United  States  marshal,  the  collector,  and  other  United  States  olliccrsat 
San  Francisco,  in  order  to  prevent  any  military  expe<liti()ii  or 
[104]  enterpris*'  l»ein<j  carried  on  from  tlieiu'e  apiinst  *tlie  {joveriinu'iir 
of  the  Saiwlwich  Islamls.  Yon  will  observe  the  inovemeiits  of 
nil  vessels  leavin;;'  the  waters  of  Califimnia,  lor  the  purpose  of  asccr 
tainin;:>'  if  any  military  expedition  or  «'nterprise  has  beiui  bcfiiin  or  set 
on  foot  or  any  means  jn-ovided  to  be  carried  from  tlu'  Unite«l  States,  to 
be  used  ajtainst  the  government  of  the  Sandwich  Islands,  and  slioiild 
you  discover  any  vessel  eny;a}>in^'  in  or  carrying;  on  any  such  exiKMlition 
or  enterprise,  whether  by  transi>ortin<i-  troops  and  arms  and  mnnitioiis 
of  war  or  otherwise,  which  yon  shall  have  reason  to  believe  has  Imtii 
fitted  out  in  the  territories  of  the  United  States,  you  will  prevent  iicr 
proceediii};'  thereon  by  sei/.inji'  such  vessel,  takiiifjf  her  to  the  most  con 
venient  jxnt,  and  deliveriii}?  lior  over  to  the  marshal  of  the  tlistrict  in 
which  the  saiiu^  is  situated. 

Yon  will  dispose  of  the  vessels  of  your  command  in  such  manner  iis 
w  ill  be  best  calculated  to  secnire  the  objects  of  this  onler. 

ShcMild  yon  jiscertain  that  a  military  expedition  is  on  foot  d  has 
proceeded  aj;ainst  the  Sandwitth  Islands,  you  will  repair,  witl  *or(T 

under  yonr  command,  to  those  islands,  and  use  all  lawful  •..  aiis  to 
arrest  and  prevent  its  landing'  there,  or  on  other  territory  of  a  iViciidly 
power.  , 

Tho  i)rovisions  of  the  act  of  Congress  ai)proved  April  LM),  ISIS. 
[105]    entitled  "  An  act  in  addition  to  t lie  act  *for  the  pnnishineiit  of 
certain  crimes  against  the  United  States,*'  will  be  your  guide. 

The  l>ei)artment  will  expect  full  and  prompt  information  of  all  yoni 
inovonu'iits. 

I  am,  very  respectfully,  &c., 

\VILLIAM  A.  GRAHAM. 

Commodore  Charles  S.  McCauley, 

Commanding  United  States  Squad  ton. 


Mr.  Fillmore,  President,  to  General  HitchcoclCj  United  States  Armi/. 

Executive  CHA^rBER,  November  18, 1851. 

Sir  :  Recent  information,  induces  me  to  believe  aud  to  apprehend 
that  etforts  are  making  and  will  be  made  to  tit  out,  for  the  invasion  of 
the  Sandwich  Islands,  military  expeditious  from  California,  in  violation 
of  the  laws  of  the  United  States  and  of  our  obligations  to  a  frieiuliy 
power. 

Every  such  attempt  must,  if  possible,  be  arrested;  and  having  fnll 
confidence  in  your  discretion  aud  ability  to  execute  the  high  powers 


COl'NTKR    CASK    OF    THK    rNITED    STATKS. 


513 


ich  inaiinor  as 


GKAIIAAL 


„uieli  1  confer,  you  are  hereby  authorized  an«l  einpowereil,  in  virtue  of 
tlio  oifr'ith  section  of  the  act  of  Congress  of  the  L'Oth  of  April,  1818,  to 
take  all  proper  nieasures,  antl  eujploy  such  part  of  the  land  forces  of 
the  Unift'd  States,  or  of  the  luilitia  thereof,  as  may  he  necessary  for  the 

purpose  of  ])reventing  the  carrying  on  of  any  such  expe«litiou  or 
[U)[\\   enterprise  from  any  i)ort  or  *place  within  the  limits  of  your 

division  against  the  territories  or  dominions  of  any  foreign  priuco 
or  state,  or  of  any  colony,  distri(!t,  or  people,  with  whom  the  United 
States  are  at  peace. 

Voii  will,  in  case  of  doubt,  act  under  the  legal  advice  of  the  district 
attorney  of  the  United  States  for  the  district  of  California. 

I  am,  sir,  &c., 

DULLARD  FILLMORK. 
]{v  the  President. 

Daniel  Webster, 

Seoretarif  of  Utate. 

Brevet  Brigadier-General  E.  A.  HiTcncocK, 

Commamling  Pacijic  Division,  ISonora,  California. 


Mr.  Conrad,  Secrttury  of  War,  to  General  Hitvlwock. 

War  Department,  yornnhcr  10,  1851. 

8iR :  Information  recently  receiveti  at  this  Department  induces  an 
apprehension  that  an  attempt  may  be  made,  i  :  violation  of  our  laws,  to 
lit  out  ami  send  an  armed  expedition  against  the  government  and 
jioople  of  the  Sandwich  Islands.  I  therefore  transmit  you  herewith 
lull  powers  from  the  President  of  the  United  States  to  enforce  the  pro- 
visions of  the  act  of  April  20,  1818,  should  such  an  attemi^t  be  made 

within  the  limits  of  your  comnuind. 
lOI]       You  are  diiected  to  be  vigilant  and  active  *in  i)reventing  anj' 
expedition  or  enterprise  being  carried  on  from  the  United  States 
iigainst  said  islands. 

You  will  endeavor  by  everr  means  in  your  jtower  to  ascei'tain 
whether  any  military  expedition  or  enterprise  has  been,  or  is  about  to 
be.  begun  or  set  on  foot,  or  an^'  means  provided  to  be  carritnl  from  the 
I'liited  States  to  be  used  against  these  islands.  And  should  you  dis- 
cover any  vessel  engaged  in  preparing  for  such  exi)edition  or  euter- 
l>nse,  whether  to  transport  troops  or  arms  or  munitions  of  war,  you 
will  prevent  her  proceeding  by  seizing  and  delivering  her  to  the  United 
'States  marshal  of  the  districc  in  which  the  seizure  is  uuide.  Vou  will, 
to  this  end,  coufer  or  correspond  with  the  collectors  of  the  customs  at 
^au  Francisco  and  San  Diego,  who  have  beeii  directed  to  cooperate 
with  you  in  the  execution  of  this  order. 

Instructions  have  been  given  to  the  officer  in  command  of  the  naval 
lones  on  the  Pacidc  to  co-operate  with  you  when  applied  to  l>y  you  fof 
tliat  purpose. 

Very  respectfullv,  «S:c., 

C.  M.  CONRAD, 

/Secretary  of  War. 
Brevet  Brigadier-General  E.  A.  Hitchcock, 

Commanding  Pacific  Division,  Sonora,  California. 
33  A 


v    ft 


*'  ,  > 


Kl 


514 

[168] 


TREATY    OF   WASHINGTON — PAPERS    AC(;OMPANYINa 


Sir:  In 
Koveinbei 


tit 


*  General  Hitchcoclc  to  Mr.  Hammond,  collector. 

Headquarters,  Taoific  Division, 

San  Francisco,  September  22,  1,S"j3. 
a,  coimnunication  from  the  honorable  Secretary  of  War,  ot 
19,  1851,  inclosing  instructions  from  the  Presidont  ct 
November  18,  1851,  "  to  arrest,  if  possible,  any  expedition  or  enterprise 
from  any  port  or  place  within  the  limits  of  the  United  States  against  the 
territories  or  dominions  of  any  foreign  prince  or  state,  or  of  any  colony. 
district,  or  people  with  whom  the  United  States  are  at  ])eace,"  1  am 
directed  to  confer  with,  or  correspond  with,  the  collector  of  this  port. 

Under  these  circumstances,  I  feel  called  upon  to  advise  you  that  I 
have  been  confidentially  informed,  from  what  I  regard  as  a  reliable  source, 
that  a  hostile  expedition  is  now,  in  all  probabilitj',  nearly  ready  to  start 
from  this  port  for  the  purpose  of  seizing  Guaymas,  in  the  expectation 
that  the  people  of  Souora  may  declare  in  favor  of  the  invaders.  If  such 
an  expedition  i.^  on  foot  it  would  clearly  fall  within  the  class  to  be  "ar- 
rested, if  possible,"  and  I  therefore  request  that,  if  you  deem  it  proper. 
your  will  instruct  oh<i  or  more  of  your  ofticers  coutidentially  to  keep  a 
strict  eye  upon  all  vessels  preparing  for  sea  in  this  port,  and  in 
[109]  case  of  any  vessel  becoming  an  object  of  suspicion  on  account  *oi 
receiving  on  board  supplies  of  a  military  character,  or  being  litted 
np  to  receive  armed  men  on  board,  &c.,  I  may  be  informed  of  the  siispi 
cioRS  circumstances  in  order  to  seize  the  vessel,  if  it  should  be  necessary 
for  the  execution  of  my  instructions. 

I  am,  sir,  very  respectfully,  &c., 

E.  A,  niTOUCOCK, 
Colonel  Second  Regiment,  Breeet  Bri<jadier-G(utraJ. 
KiCHARD  r.  Hammond,  p]sq.. 

Collector  of  San  Francisco. 


m 


t-",'k' 


Mr.  Ilammond,  collector,  to  Mr.  Cuthrie,  Secretary  of  the  Trensnrii. 

•  Customhouse,  San  Francisco, 

Collector's  Office,  September  'AO,  18:>:i. 

Sir:  T  have  the  honor  to  inclose  copies  of  corresponden<',e  in  rvlation 
to  an  expedition  which  it  is  suspected  is  on  foot  here  for  the  purpose  oi 
seizing  the  Mexican  port  of  (xuaymas  and  invading  the  department  oi 
Sonora  \v  that  republic.  The  laws  upon  this  subject  confine  my  discre 
tion,  and  I  have  hoped  that  either  the  United  States  marshal  or  the 
military  commander  may  ha\c  had  instructions  (jonferring  more  ample 
powers.  With  this  view,  1  have,  advised  them  of  all  the  fads  in  my  po^ 
session,  and  trust  they  may  see  fit  to  seize  and  detain  this  vessel.  Siioiilil 
they  decline  to  act,  I  sliall  not  permit  the  vessel  to  leave  this  jiorf,  Im' 
shall  seize  her,  and  endeavor  to  convict  those  engaged  in  the  cxpe- 
|170|  dition;  *and,  in  any  event,  shall  require  a  bond  from  the  owuer.v 
as  provided  for  by  law. 
I  have  no  special  instructions  upon  this  subject,  but  shall  hold  it  my 
duty  to  prevent,  if  possible,  any  attempt  against  Mexi<;o  or  the  yuml 
wieh  Islands,  to  both  of  which  countries  the  eves  of  restless  men  heu' 
are  now  turned,  with  intent  of  conquest. 

Very  respectluUv,  your  obedient  servant, 

KICHAKiJ  r.  HAMMOND, 

Collector. 

Hen.  James  Guthrit], 

Secretary  of  the  I'rcasury, 


COUNTER    CASE    OF    THE    UNITED    STATES. 


515 


Mr.  JTavimond,  collector,  to  General  Hifchcocl: 

Customhouse,  Sa:n  Francisco, 
Collector's  Office,  September  30,  18r>;J. 

Sir:  In  jicknowlt'd.t;in^-  the  receipt  of  your  letter  of  September  2L\  18r>.}, 
I  beg  to  inform  you  that  the  English-built  brig  Arrow,  now  lying  at 
tlie  loot  of  Clay-street  wharf,  is  fitting  up  to  acccinuiodate  a  large  num- 
ber of  men  on  board,  aiul  is  snpplying  herself  with  water  and  sea-stores 
in  such  (juantities  as  may  induce  suspicion  to  the  object  of  her  intended 
voyage,  ^he  has  been  in  the  trade  between  this  and  (ruaynuis,  and  is 
evidently  arranging  to  make  her  next  voyage  for  jmrposes  other 
iinj  than  the  *mere  transjwrt  of  freight  Jind  an  ordinary  number  of 
passengers.  1  have  not  been  aide  to  ascertain  that  any  arms 
have  been  carried  on  board.  She  will  leave  this  port  between  tliis 
ami  the  "ith  proximo.  I  deem  it  proper  to  direct  your  attention  to  the 
vessel,  as  the  circumstances  which  attach  to  her  may  authorize  your  pro- 
leediug  under  the  instructions  of  t'ae  President  of  November  18,  I8."il, 
referred  to  in  your  letter  to  myself. 

1  iiiplose  also  a  letter  written  by  me  to  Commodore  Dulancy,  of  the 
I'nitetl  States  ship  Saint  Lawrence,  now  at  Acapulco.  Should,  you  ap- 
|)ro\e  the  purpose  of  that  letter,  may  I  suggest  that  you  will  join  in  the 
communication  to  that  ollicer  or  correspond  with  him  by  the  mail  to- 
morrow. 

Very  re^^.ectfully,  &c., 

IIICIIAIID  r.  HAMMOND, 

Collector. 
Crigadier-deneral  Hitchcook, 

Commundiiuj. 


'■  the  Trcnsuni. 


Mr.  llnKmoiiil,  collector,  to  Commodore  Dulanij. 

[Conlidctitia!.  1 

CusTOM-IIorsK,  San  FuANCiSi'o, 
Collector's  <>lfice,  Scptemher  ;U>,  18.">;{. 

Sir:  1  ha\e  bicn  led  to  believe  that  an  attempt  will  be  n»a<le  to  in- 
vade and  take  armed  occupation  of  a.  portion  of  the  territoiy  of  the  re- 
|Hil>lio  of  Mexico  upon  the  I'acifu'  coast. 

If  r  am  rightly  informed,  a  jtarty  of  lawless  men  are  now  pre- 
il'-j   paring  and  litting  out  an  ex*peditii)n  to  sail  from  tl' '.  i)ort,  with 
the  intent  to  land  at  the  port  of  (iuaymas,  or  at  sotee  other  jioint 
"itlie  Mevican  territory  bortlering  on  the  (5ulf  of  ('alifonia. 

Tliev  will  probably  leave  this  port  prior  to  the  oth  proximo.  Every 
'vcrliou  will  be  made  to  ascertain  the  name  of  the  vessel,  and  to  arrest 
;iie  progress  of  this  unlawful  expedition,  but  it  is  (piite  probable  that 
'^  leiuhM's  may  elude  all  vigilance,  and  succeed  in  getting  to  sea.  I  have 
'10  revenue-cutter  at  my  command  tit  to  render  any  important  assistance, 
i'hI  1  liave  deemed  it  proper  to  advise  you  of  the  facts,  with  a  view  of 
'I'MUt'stiiig  your  presence  with  your  vessel  in  the  waters  of  the  gulf. 
Aiiv  attempt  upon  this  coast  to  disturb  the  relations  of  peace  aiul  anuty 
'"'iweeu  the  United  States  and  Mexico  is,  in  my  judgtnent,  to  be  espe- 
cially deprecated  at  this  moment,  and  I  feel  satisfied  tlmt  t^very  possible 


fm  ' 


|;'  '*} 


f\i 


Jv 


516 


TREATY   OF    WASHINGTON — PAPERS   ACCOMPANYING 


exertion  of  the  officers  of  the  United  States  should  be  used  to  detect  and 
arrest  those  engaged  in  such  unlawful  enterprises. 

I  may  be  permitted  to  call  your  attention  to  the  laws  of  the  30tli  April. 
1818,  in  respect  to  this  subject. 
Very  respectfully,  &c., 

RICnAKD  P.  HAMMOND, 

Collector. 
Con)modoi"e  Bladen  Dilancv. 


fl73]     *uMr.  Ilommond,  coltectot;  to  General  Richardson,  United  St'iten 

marshal. 

Customhouse,  San  Francisco, 
Collector's  Office,  September  30,  1853. 
Sir  :  1  have  the  honor  to  inform  you  that  the  brig  Arrow,  now  lyiu;; 
at  Clay-street  wharf,  is  preparing  and  titting  out  for  a  sea-voya^^e! 
under  circumstances  which  are  calculated  to  induce  a  suspicion  thjit  The 
is  to  be  used  to  convey  an  armed  force  from  this  port  against  tbe  cit; 
zens  of  the  Mexican  Eepublic. 

I  am  also  told  that  .you  have  received  some  communication  from  tlio 
American  minister  in  the  city  of  Mexico,  and  are  probabl.v  prepared  hv 
that  and  other  instructions  to  endeavor  to  arrest  any  expedition  tittiii'; 
out  for  such  i)urpose. 

I  deem  it  proper,  therefore,  to  direct  your  sittention  to  the  above 
named  vessel,  and  to  signify  my  readiness  toco-operate  with  you  to  piu 
vent  any  infraction  of  the  neutrality  law-s  of  the  country. 

Will  you  be  pleased  to  inform  me  as  speedily  as  possible  what  coiusi 
.vou  shall  determine  to  pursue. 
Very  respectfullv.  &c., 

llICilAllD  P.  HAMMOND, 

Collevhw. 
General  Wm.  H.  Richardson, 

United  States  Marshal. 


'■,'■» 


-a* 


|l74j    *,lfr.   Daris,  Secrefan/  of  War,  to   General  Wool,    United  Stak 

A  rm\j. 

War  Department, 
Washington  City,  January  I:*,  ISol. 

Sir:  In  addition  to  the  ordinary  duties  of  the  military  command  t 
which  you  have  been  assigneil,  it  is  deemed  proper  to  direct  your  atteii 
tiou  to  certain  special  duties  which  will  devolve  upon  you.  Auion? 
these  will  be  the  duty  of  maintaining  our  international  obligatious  by 
preventing  unlawful  expeditions  against  the  territories  of  tbit'!s:i 
powers. 

Confidence  is  felt  that  you  will,  to  the  utmost  of  your  ability,  use  a!! 

proper  means  to  detect  the  fitting  out  of  armed  expeditions  against 

countries  with  which  the  United  States  are  at  peace,  and  will  zealously 

CO  oper.ate  with  the  civil  authorities  in  maintaining  the  neutrality  lawN 

Very  respectfully,  vour  obedient  servant, 

JEFFERSON  DAVIS, 

Secretary  of  W(ii'- 
Brevet  Major  General  John  E.  Wool,  U.  S.  A. 


COLTT^TER    CASE    OF    THE    I'NITED    STATES. 


517 


United  State-'i 


Mr.  Cushitifj,  Atforney  Genera],  to  Mr.  Inge,  distrkt  attorney,  California. 

attorney-Generai/s  Office, 

January  10,  1S54. 
Sir  :  1  am  directed  by  the  President  to  call  your  attention  to  the  sev- 
eral acts  of  Congress  for  the  preservation  of  the  neutral  relations  of  the 
luited  States,  more  especially  to  the  acts  of  March  3,  1817,  and  April 
20,  ISIS,  Avhich   prohibit  the  organizing  or  fitting,  within  the 
\]'o\   ''Jiiited  States,  of  any  expedition,  military  or  naval,  against  the 
territories  of  any  government  with  which  this  Government  is  at 
peace,  and  subject  all  engaged  in  such  acts  to  punishment  as  for  a  high 
uiisilomeanor,  besides  authorizing  the  employment  of  th<^  i)ublic  force 
lor  the  prevention  and  arrest  of  the  same. 

The  President  has  regretted  to  perceive  that  persons  iu  California  are 
charged  with  engaging  or  intending  to  engage  in  such  unlawful  enter- 
prises against  the  territories  of  the  Mexican  rei)ublic,  with  which  this 
rt'iniblic  is  in  amity,  and,  justly  solicitous  to  maintain  the  honor  and  the 
fjood  faith  of  the  American  Government,  as  well  as  to  see  to  the  execu- 
liou  of  the  laws,  he  expects  you  to  exercise  the  utmost  vigilance  in  the 
(li'tei'tion  and  prosecution  of  all  acts  within  your  o^licial  district  in  vio- 
lation of  the  neutral  obligations  of  the  United  States. 
1  have  the  honor  to  be,  ike, 

C.  CrSIIING. 
lion.  S.  W.  INOE, 

CnitccJ  iSfate.s  Difttrict  Attorney. 


ble  what  coium 


By  the  President  of  the  United  Stittes. 

A   rR0('LA:MAT10X. 


I,    United  Staht 


AVheroas  information  has  been  received  by  me  that  an  unlawful  ex- 
pedition has  been  fitted  out  in  the  .'^tate  of  Califn  '.  .vith  a  view 
ilTtij  to  invade  ^Lexico,  *a  nation  maintaining  frienn  ,  '  iiions  with 
the  United  States,  and  that  other  expeditions  aie  organizing 
uitliiii  the  United  States  for  the  same  unlawfid  purpose  ;  and  wlr  teas 
wrtain  citizens  and  inhabitants  t>f  this  country,  unmindful  of  their  obli- 
gations and  duties,  and  of  the  rights  of  a  friendly  power,  have  partici- 
pated, and  are  about  to  ])articipate,  in  these  enterprises,  so  derogatory 
to  our  national  character,  and  so  threatening  to  our  tranquillity,  and 
'hereby  incurring  the  severe  peiuiltics  imposed  by  law  against  such 
ot!eu(lers : 

Now,  therefore,  I,  Praidclin  Pierce,  President  of  the  United  States, 
have  issued  thisnjy  proclamation,  warning  all  i)ersons  who  shall  con- 
nect themselves  with  any  such  enterjjrise  or  exi>edition  that  the  pemd- 
tiesof  the  law,  denounced  against  such  criminal  conduct,  will  be  rigidly 
enforced,  and  I  exhort  all  good  citizens,  as  they  regard  our  initioiud 
character,  as  they  respect  our  laws  or  the  laws  of  natic  's,  as  they  value 
the  blessings  of  peace  and  the  welfare  of  their  country,  to  discountenance, 
aud  by  all  lawful  means  prevent,  such  criminal  enterprises  ;  id  I  call 
upon  all  ofl&cers  of  this  Government,  civil  and  military,  to  use  any 

"1  efforts  *  which  may  be  in  their  power  to  arrest  for  trial  and  pun- 
ishment every  such  otfender. 

Oiven  under  my  hand  and  the  seal  of  the  United  States,  at  Wash 


fi- 


w^^fw^fwr^ 


m.? 


»18 


TREATY    OF    WASHINGTON PAPERS   ACCOMPANYING 


iugton,  this  eighteenth  day  of  January,  iu  the  year  of  our  Lord  one 
thousand  eight  hundred  and  fifty  four,  and  the  seventy-eighth  of  tbe 
independence  of  the  United  States. 

[L.  s.j  FKANKLIN  PIERCE. 

By  the  President. 

W.  L.  Marc/, 

Secretary  of  State. 


Extract  from  the  rreshhnt's  message. 

Washington  City,  December  4, 1851. 
It  has  been  my  anxious  desire  to  maintain  friendly  relations  with  the 
Mexican  republic,  and  to  cause  its  rights  and  territories  to  be  respected, 
not  only  by  our  citizens,  but  by  foreigners  who  have  resorted  to  tbe 
United  States  for  the  purpose  of  organizing  hostile  expeditions  against 
some  of  the  States  of  that  i'ci)ublic.  The  defenseless  condition  in  >Yhicli 
its  frontiers  have  been  left  has  stiuudated  l:;wloss  adventurers  to  em 

bark  in  these  enterprises,  and  greatly  increased  the  ditticiai\  ol' 
flTSj    enforcing  our  obligations  of  neutrality,    liegarding  *it  as  my 

solemn  tluty  to  fulfill  elMciently  these  obligations,  not  only  towarli 
Mexico  but  other  foreign  nations,  1  have  exerted  all  the  powers  with 
which  I  am  invested  to  dc^feat  such  criminal  proceedings  and  biinjj  to 
punishment  those  who,  by  taking  a  part  therein,  violated  our  laws, 
The  energy  nnd  activity  of  our  civil  and  military  authorities  have  Ails 
trated  the  designs  of  those  wijo  meditated  ex])editions  of  this  character, 
except  in  two  instances.  One  of  these,  composed  of  foreigners,  was  at 
first  countenanced  and  aided  by  rlu'  Mexican  government  itself,  it  iiav 
ing  been  deceived  as  to  their  real  «)l)iect.  The  other,  siupjl  iu  number, 
eluded  the  Aigilance  of  the  magistrates  at  San  Francisco,  and  succeeded 
in  reaching  the  ^Mexican  territories ;  but  the  eftective  measures  taken 
by  this  Government  compelled  the  abandonment  of  the  undertaking. 


Mr.  Cushiuf/,  Attorney-Ch'neral,  to  Mr.  McKeon,  district  attorney. 

Attorney-General's  Office,  April  25,  1855. 
Sir  :  The  Secretary  of  State  having  referred  me  to  your  letter  of  the 
L'4th  instant,  with  its  inclosures,  I  have  tak.ii  the  directions  of  thcPresi 
<lent  on  the  subject,  and  in  accordam-e  therewith  have  to  requetit 
[  171>)    you  to  institute  legal  proceedings  against  *  Colonel  Kinney  and  the 
steamer  United  St.ites,  provided,  in  your  judgment,  the  evidence 
accessible  will  suftice  to  afford  probable  cause. 
I  have  the  honor  to  be,  &c.,  &c., 

C.  GUSHING. 

John  McKeon,  Esq., 

United  States  District  Attorney,  New  Yorl-. 

P.  S. — Since  writing  the  above,  I  have  seen  the  letter  of  Mr.  Fabcu.s 
in  the  New  York  Herald  of  yesterday,  which  seems  to  require  that  lie 
be  proceeded  against  e(]ually  with  Colonel  Kenney. 


'ING 


COUNTKR    CASE    OF   THE    UNITED    STATES. 


519 


ur  Lord  one 
igbtb  of  the 

riEKCE. 


her  4, 1851. 
ions  with  the 
be  respected, 
sorted  to  the 
itious  against 
ition  in  which 
itnrers  to  cm 
e  difticali)  of 
iig  *it  as  my 


Mr.  Gushing,  Attoruey-Gencral,  to  Mr.  McKeon,  district  attorney. 

Attorney -General's  Office,  May  25, 1855. 
Sir:  I  am  directed  by  the  President  to  inclose  to  yon  the  within 
communication,  addressed  to    Captain  Boarnian,   containing    proper 
ii'ithority  for  the  detention  of  the  steamer  United  States. 

As  the  authority  thus  conferred  is  of  a  high  and  responsible  nature, 
it  is  not  in  the  present  case  to  be  exercised,  except  it  shall  appear  to 
you  that  all  ordinary  legal  means  tojtrevent  the  depaiture  of  the  United 
States  shall  have  been  exhausted.  Captain  Boarmanhas  been  directed 
to  advise  with  you  in  whatever  he  shall  have  occasion  to  do  in 
jl80J   the  *executiou  of  this  order. 

The  President  has  authorized  the  present  proceeding  under  the 
.sense  of  his  general  obligation  to  take  care  that  the  laws  be  faithfully 
executed,  and  in  discharge  of  his  particular  obligation  to  prevent  the 
fitting  out  within  the  United  States  of  any  hostile  expedition  against 
foreign  States  in  amity  with  th?  United  States;  and  he  cannot  in  this 
case  entertain  any  doubt  of  his  duty  to  interpose,  in  view  of  the  fact 
that  the  parties  now  stand  indicted  before  the  district  courts  of  the 
United  States  for  th?  southern  district  of  New  York  and  the  eastern 
district  of  rennsylvanl:i,  on  the  charge  of  being  engaged  in  a  military 
enterprise  against  the  republic  of  Nicaragua,  in  the  prosecution  of 
which  they  have  chartered  the  steamer  United  States. 
I  have  the  honor  to  be,  verv  respectfullv, 

C.  CUSHIM). 
Hon.  John  McKeon, 

United  States  Attorney. 


ilSll 


*  Mr.  Cushiny,  Attorney-General,  to  the  President. 


Attorney-General's  Office,  August  0,  1855. 

Sir  :  I  have  the  honor  to  submit  herewith  the  considerations  of  law 
applicablo  to  the  <'nUstment  of  trooi>s  within  the  United  States  by  the 
liritish  government,  in  so  far  as  the  facts  ai)i;earing  in  documents  before 
ine  concern  the  j^ersonal  action  either  of  the  British  minister  or  of  the 
liritish  consuls  in  the  United  States. 

There  is  no  room  for  doubt  as  to  the  law,  municipal  or  international, 
legarding  the  general  question. 

In  the  tirst  place,  the  act  of  Congress  of  April  20,  1318,  contains  the 
foilowiug  provision  : 

Sec.  S.  A<]d  ho  it  further  ruactctl,  Th;it  if  iiiiy  person  shall,  within  the  territory  or 
r:ri.s(lictiou  of  the  United  StiitpH,  enlist  or  enter  hiin.Helf,  or  hire,  or  retain  another  per- 
>"ii  to  enlist  or  enter  himself,  or  to  ^o  beyond  the  limits  or  Jurisdiction  of  the  United 
States  with  intent  to  be  enlisted  or  entered  into  the  service  of  any  foreijrn  ])rinco,  Htate, 
I  olony,  district,  or  people,  as  a  soldier,  or  as  a  marine  or  seaman  on  board  of  any  ve.s.sel  of 
war,  letter  of  marqne,  or  privateer,  every  person  so  offendin}^  shall  be  deenn-d  {jnilty 
of  a  high  misdenieaMor,  and  shall  be  tined  not  exceedini;  one  thon.sand  dollars,  aud 
[152]  be  impri-soued  'not  exceeding  three  years. — (:'.  Stat,  at  Large,  p.  44ri.) 

Of  course,  as  the  levy  of  troops  within  the  United  States  for  foreign 
service  is  forbidden  by  law,  no  such  right  has,  by  your  ])ermission,  been 
given  to  Great  Britain.  To  the  contrary  of  this,  the  Briti.sh  government 
was  expressly  notified,  by  letter  of  Mr.  i\i  ,.rcy  to  Mr.  Crampton,  of  April 
-3, 1854,  that  enlistments  in  the  United  States  would  not  be  permitted 


620 


TREATY    OF    WASHINGTON — PAPERS   ACCOMPANYING 


'I 


il^ 


&     -- 


iJ'#'^ 


either  to  Great  Britain  or  to  Russia. — (Ex.  Docs.  1st  session  33il  Con yress 
vol.  xii,  No.  103,  p.  5.) 

In  the  second  place,  independently  of  the  municipal  relations  of  the 
acts  in  question,  they  constitute,  whether  they  be  the  acts  of  the  British 
government  or  of  its  minister  and  consuls,  a  violation  of  the  sovereigutv 
and  of  the  neutrtil  rights  of  the  United  States. 

The  rule  of  public  law  is  unequivocal  on  this  point,  and  is  concctly 
stated  by  "NVolff  to  the  effect  that,  since  the  right  of  raising  soldiers  is  a 
right  of  m.ijesty,  which  must  not  be  violated  by  a  foreign'nation,  it  is  not 
permitted  to  raise  soldiers  in  the  territories  of  a  state  without  the  con- 
sent of  its  sovereign. — (Jus  Gentium,  747-753.) 

The  following  passages  of  "Wolff  are  translated,  ascomprolieud- 
r  1831    ing  the  whole  question  in  all  its  *  parts : 

InasDiucii  as  to  liiiu  v,ht  !  a"  the  lij^lit  of  war  bt'loufj;s  tlio  riylit  ul"  oMlistin;^  suldicis. 
cousequently  the  lifiht  of  ciui  tiiijj  fiokliers  is  intimately  conuectfd  -with  tlio  iij,'litiii 
war  ;  and  as  tlio  ri<;iit  of  war  jicrtains  to  the  chiss  of  rights  of  sovcroigiity,  the  ri^'lit  di 
enlisting  sohliers  also  ]»ertains  to  rights  of  sovereiguty. — (Woltf,  Jus  (idiliiDii,  s.T47.) 

It  is  not  lawful  to  enlist  sohliers  in  foreign  territory  without  consent  of  its  gdvinn- 
nieut.  ^  '  Since  it  is  not  lawful  to  enlist  sohliers  in  foreign  territory  witliout  coi;- 
sent  of  its  government,  if  any  person  ]»resnnie  to  do  so,  Ik;  violates  the  law  of  iiiitii)i>, 
and  wrongs  the  local  sovereignty;  and  as  this  Avrong  is  a  crime  if  eoniniittf'd  by  an 
alien,  and  as  aliens  guilty  of  crime  in  a  foreign  country  are  punishal>le  acconlini;  tn 
the  local  law,  hence,  if  an  alien  iiresnme  to  recruit  soldiers  in  a  foreign  territory  witlioii; 
consent  of  its  government,  being  ajtiirehended,  he  may  he  i>nnished. 

Whoever  recruits  troops  in  a  foreign  territory  against  th''  will  of  its  govcniiiciit,  m 
Avithout  the  permission  obtained,  either  does  it  without  the  knowledge  of  Iris  own 
[184]  government,  or  else  by  its  command  wr  its  implied  "approbation.  In  tlieliivt 
case,  a  crime  is  committed  by  the  individual  recruiter,  l>iit  no  wrong  has  Ijfci; 
done  on  the  part  of  his  sovereign ;  but,  in  the  latter  case,  since  tlie  so\oreign  wLam 
the  recruiter  serves,  i)articipates  in  the  crime,  that  sovereign  violates  the  law  of  nations, 
and  the  wrong  done  by  him  is  to  be  disti'.iguished  from  the  crime  v.hich  the  recniittr 
commits. 

It  often  happens  that  considerations  of  policy  exist,  which  induce  the  iujuri'd  [laity 
in  such  case  to  dissemble  the  international  Avrong,  and,  therefore,  to  imnish  the  uuuii- 
cipal  oftense  of  the  recruiter  with  more  severity,  as  a  warning  to  otheis.  Tin-  alisti';i"t 
right  of  society  to  punish  crimes  is  intinite  and  limited  to  a  i»arti<nilar  case  only  by  cir- 
cumstances, among  which  undoubtedly  is  consideration  of  the  degree  of  punisliiuent 
adequate  to  prevent  repetition  of  the  otfense.  Hence,  inasmuch  ascajiital  \uiiiishiui'iit> 
are  lawful,  if  crime  cannot  be  repressed  without  them,  it  is  not  to  be  doubted  but  that 
they  who  undertake  to  levy  troops  in  foreign  territory  without  permission  of  its  gov- 
ernment lirst  obtained  may  be  coerced  with  capital  imnishment.  It  is  in  the  liii;lii>r 
degree  contrary  to  the  public  security  that  an  alien  should  enter  the  teriitoi/ot 
[165]  a  foreign  *country  and  there  levy  troops  at  will,  whether  he  abduct  the  inlialii- 
tants  by  clandestine  force  or  by  mendacious  persuasions.  Of  course,  it  is  neitlkr 
unjust  nor  harsh  to  jiunish  this  crime  by  hanging,  as  it  is  not  unknown  to  have  been 
provided  in  some  countries. — (Ibid.,  T.'iJ,  754.) 

Kidnaping  (or  man-stealing)  is  the  surreptitious  abduction  of  a  man  from  tli" 
authority  to  whicli  he  is  subject.  *  *  *  It  is  man-stealing,  or  kidnaping,  fur  (in 
government  surreptitiously  to  draw  away  the  subjects  of  another  "  '^  '  for  its  luili- 
tary  service. — (I bid.,  s.  755,  750.) 

Whoever,  by  fraudulent  contrivances,  surreptitiously  draws  the  subjects  of  aiiothei 

f;overnmeut  into  acts  of  war,  outrages  tlie  sovereign  power  of  such  government.  '    * 
f  this  be  done  by  comm.and  or  permission  of  a  foreign  government,  the  latter  is  respon- 
sible for  the  wrong ;  that  is  to  say,  it  is  to  be  understood  as  a  wrong  done  by  nation  tu 
iiatioQ. 

The  magnitude  of  this  wrong  fails  to  be  comprehended  by  those  who  have  no  idea, 
or  at  least  not  a  clear  one,  of  sovereign  rights,  and  especially  of  eminent  power,  .ind 
who  do  not,  therefore,  rightly  appreciate  the  gravity  of  any  foreign  violatiouot 
[18G]  the  territorial  rights  of  sovereignty.  Even  if  the  'local  sovereign  have  no  juris- 
diction over  the  foreigner,  Btill  the  latter  is  not  for  that  cause  to  violate  at  will 
rights  which  are  of  the  solo  competency  of  the  local  sovereign.  If  it  were  otherwise. 
we  should  have  to  concede  that  any  man  may  do  what  he  pleases  against  the  rights  ot 
another  if  he  be  not  subject  to  the  hitter's  authority.  How  absurd  this  would  be,  and 
how  diametrically  opposed  to  natural  right,  no  man  can  fail  to  see  unless  he  labors 
under  gross  ignorance  of  all  natural  rigut,  and  has  become  destitute  of  all  couinion 
sense  or  what  ho  would  not  have  others  do  to  himself.    And,  for  this  reason,  it  is  not 


COUN'I  -^R   CASE    OF    THE    UNITED    STATES. 


521 


presumed  of  any  government  that  surreptitious  enlistments  for  its  military  service 
bave  been  carried  on  in  a  foreign  country  with  its  will,  unless  that  will  manifestly 
appear,  or  the  veritied  fact  shall  overcome  the  contrary  presumption.  Meanwhile, 
although  the  foreign  agents  who  carry  on  surreptitious  recruiting;  in  a  country  per- 
iKjtuate  this  man-stealing  by  their  own  sovereign's  authority,  they  are  not  the  less 
amenable  to  animadversion,  for  they  ought  not  to  have  obeyed  commands  of 
[187]  their  sovereign  .vhich  were  against  natural  right,  since  malefaction  "does  not 
cease  to  be  sn  ,h  because  perpetuated  by  command  of  a  superior,  nor  will  the 
excuse  of  unlawful  (  oedience  to  another  convert  into  right  what  is  acquired  by  uiale- 
I'iiction. 

Since  a  government  iiillicts  national  wrong  on  another,  if  by  its  order  or  permission 
the  personal  or  material  instruments  of  war  be  stolen  from  the  latter  for  belligerent  use, 
such  acts  arc  a  just  cause  of  war.  »  »  »  * 

It  is  not  intended  to  say  that  whenever  the  instruments  of  war,  personal  or  material, 
have  been  surreptitiously  procured  for  belligerent  use,  either  by  command  or  by  consent 
of  the  sovereign  in  whose  behalf  it  is  done,  therefoie  the  injured  government  must  of 
necessity  declare  war,  l)ut  only  that  it  may  well  be  received  aniung  the  justificatory 
causes  of  war. 

Nor  is  the  cause  t)f  war  removed,  if  the  guilty  agents  of  the  crime  shall  hiippen  to 
have  been  punished.  They  indeeil  have  suffered  the  just  i)enalty  of  the  crime  they 
committed:  but  that  does  not  satisfy  the  wrong  done  to  the  uationiil  sovereignty. — 
[Ihkl,  s.  To'*,  759.) 

The  same  ideas  are  found  ill  Yattel;  but  lie  i:eed  not  be  quoted  at 
length,  as  he  does  but  copy  or  abridge  ^^'ol&■. 
Klubersays: 

[1S8]  *A  state  entirely  neutral  has  the  right  to  exact,  even  by  force,  if  necessary, 
that  belligerent  powers  do  not  use  its  neutral  territory  for  the  purposes  of  war ; 
that  they  do  not  take  there  arms,  munitions  of  war,  and  provisions  and  other  immedi- 
ate refinircnients  of  war,  for  their  armies;  ihat  Ihy  do  not  mcJ:c  ^hcrc  any  milUary 
amamcnt.'t,  eirhcr  nuvUmcnt.s  of  eoUcctioiis  of  Irooptt;  that  none  of  their  troops,  armed  or 
unarmed,  puss  through,  &e.,  &c. ;  that  they  exercise  there  no  act  of  lioiLtility  against 
the  persons  or  property  of  the  subjects  of  the  hostile  state  ;  that  they  do  not  occupy  it 
militarily,  or  make  it  the  theater  of  war. — {Dru'it  tUa  thus  ntodcrnc  dt  V Europe,  s.  585.) 

G.  F.  de  Marteus  says : 

While,  in  case  of  rupture  between  two  natior.'^,  a  uoitral  state  preserves  the  full 
enjoyment  of  its  territorial  rights,  it  can,  in  the  altsenceof  treaties,  prohibit  during  the 
war,  as  in  time  of  peace,  any  )iassage  or  sojourn  of  foreign  troops,  and  much  more 
forbid  the  occupation  of  its  fortresses,  the  recruiting,  mnsteiing,  and  exercising  troopn; 
and  it  may  use  force  against  those  who  shall  attempt  to  violate  the  prohibition, — (/'/■c'cis 
da  Droit  dtx  Gens,  s.  oil) 

Galiani  says: 

[189]      All  governments  are  *accustomcd  to  ])rohibit,  under  capital  penalty,  any  for- 
eigner to  make  military  engagements  or  nrriiits  n'ithin  thir  t(rritonj;  in  doing 
which  they  do  no  more  than  to  sustain  and  defend  a  natural  right,  and  one  inherent 
in  every  sovereignty. —  {iHi  Doreri  dc  Principi  Xcufrali,  p.  o'J.*.) 

The  sovereign,  who  leaves  his  subjects  at  liberty  to  engage  ;  ,.emselves  in  the  service 
of  a  foreign  belligerent,  Avill  not  therein  be  wanting  to  his  neutral  duties,  provided  it 
hivs  been  customary  with  his  nation  ;  if  it  has  been  usual  in  time  of  peace  ;  if  it  accords 
with  the  physical  and  political  condition  of  the  country  ;  if,  iu  line,  he  practices  iu- 
iliffereuee  and  impartiality,  not  denying  to  one  belligerent  what  he  concedes  to  the 
other.  But,  if  a  .sovereign  has  not  been  accustomed  to  allow  his  subjects  to  enlist  in 
the  military  or  naval  service  of  other  governments,  it  may  well  be  doubted  whether  he 
luay,  for  tlu!  tirst  time,  do  it  on  the  occurrence  of  war  between  two  states,  each  of 
which  is  in  amity  with  him.  I  am  not  prepared  to  say  that  in  doing  so  he  gives  equal- 
ity of  advantage  and  facilities  to  both  ;  there  might  be  inequality  in  the  need  of  the 
belligerents  ;  for,  perhaps,  one  of  Ihvm,  cnffi  ring  from  dijicienqi  of  men,  would  dcHve 
[lyO]  precious  and  powerful  xuccor  from  such  permission,  while  to  the  *other  it  teould  be 
useless  and  superfluous.  In  my  opinion,  therefore,  this  question  comes  within 
die  general  rule  of  essential  neutral" duties  ;  that  is,  to  continue  in  the  anterior  condi- 
tion, it  being  lawful  to  persevere  iu  what  has  been  usual,  but  unlawful  to  innovate. — 
(Ibid.,  p.  ;}',>9.) 

Hautefeuille  says: 

The  duties  of  belligerents  may  be  summed  up  in  very  few  words.  The  belligerent 
ought  to  abstain  from  the  employment  of  all  such  indirect  means  to  molest  his  enemy 
as,  in  the  accomplishment  of  their  object,  would  tirst  injuriously  affect  a  neutral 


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TREATY    OF    WASHINGTON — PAPERS   ACCOMPANYING 


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nation.  He  ought  to  reHpcrt,  in  tbo  mo.st  complete  and  absolute  manner,  the  iudeiioiid- 
eucc  and  hovereignty  of  nations  at  peace  ;  in  a  word,  ho  ought  to  treat  them  in  tlio 
same  manner  as  if  the  most  profound  peace  continued  to  prevail.  Those  nations,  in 
fact,  are  at  peace  with  him,  fulfilling  strictly  their  duties  of  neutrality  ;  they  have  tliB 
right  to  enjoy  the  advantages  of  their  position,  and  to  be  exempt  from  all  tiie  evils  of 
war;  the  duty  of  the  belligerent  is  to  abstain  from  the  infrin/rament  of  this  rijrht. 
Thus,  neutral  territory  ought  to  be  held  sacred  and  invictlable  by  nations  at  war  ;  tl'iew 
last  ought  not,  on  any  pretext,  nor  in  any  manner,  to  make  use  of  such  territorv  to 
[191]  subserve  their  purposes  *of  liostilities,  directly  or  imlirectly.  The  jiassage  of 
.armed  troops,  the  hvyhig  of  xoldiem,  Ac.,  &r.,  without  the  consent  of  the  sovor- 
oign,  would  constitute  an  ottense  against  the  sovereignty  of  the  neutral,  and  a  viola- 
tion of  the  duty  of  tiie  belligerent. — {Droiti  et  Devolr>i  rf<»  2^'ationn  Nciitre-i,  toni.  i,  'Mi 
313.) 

Ah  to  the  territory  of  neutral  nations, theorourrence  of  hostilities  makesno  change  nor 
modification  of  their  rights;  tiiey  remain  inviolable  as  in  time  of  peace.  Their  territory 
ought,  then,  to  be  sheltered  from  all  enterprises  of  belligerents,  of  wliatever  natiiri' 
they  may  be.  The  consequences  of  *var  ought  never  to  be  felt  by  them  directly  ;  th.it 
is  to  say,  no  act  of  hostility  .should  be  committed  .igainst  them,  under  auyj^retext. 

Belligerent  nations,  in  this  resitiict,  have  only  tlu'  rights  they  jjo^sessed  in  time  of 
peace,  because  war  never  injuriously  aftects  nations  at  peacp.  belligerents  cannot, 
then,  in  any  case,  without  the  permission  of  the  sovereign,  use  neutral  territory,  I  do 
not  say  directly,  for  the  operations  of  war  ;  but  cannot  even  make  use  of  it  for  any 
advantage  whatever,  to  the  prejudice  of  their  enemy.  This  permission  cannot  In- 
granted  to  them  by  the  neutral  without  viol.iting  his  duties. 
[192]  The  principle  of  the  inviolability  of  the  territory  'being  admitted,  the  conclu- 
sion, as  absolute  as  the  ])rintiple  it.self,  follows  :  that  a  belligerent  has  lu)  ri^lit 
to  use  neutral  territory,  in  any  manner  whatever,  without  the  i»e.rmission  of  tbe  neutral 
nation,  sovereign  of  such  territory;  and  cannot,  therefore,  lery  troops  tktri',  and  niarcli 
armies  through  it,  iVc,  without  tliis  permission. 

The  neutral  has  the  incontestable  right  to  resist  every  attempt  the  belligerent  may 
make  to  use  his  territory;  to  oppose  it  by  all  the  means  in  his  power,  and  even  by 
force  of  arms,  in  the  same  manner  as  a  citizen  has  the  right  to  defend  his  jjropcrty  by 
all  the  means  placed  at  his  disposal  by  the  law  to  which  h(^  is  subject. ~(/i;rf.,  toni.  ii, 
pp.  48,  49.) 

ByRiqueline: 

It  is  also  a  violation  of  the  rights  of  neutrality  to  entice  enlistments  in  the  neutral 
state,  without  the  authorization  of  its  government ;  because  the  right  to  levy  troojjs 
is  inherent  in  the  national  sovereignty.  But,  on  the  other  hand,  a  government  which 
grants  this  authority  ceases  to  be  neutral,  because  it  supplies  to  one  of  the  belligert'iits 
the  principal  element  of  war. — {Dcnrho  Fttblko  Intcniadonal,  tom.  i,  p.  144.) 

Citations  to  the  same  effect  might  ho  miiltiplietl  from  the  woik.s 
[193J    of  the  jurists  of  *coutiiiental  Europe. 

I  do  uot  perceive  that  this  doctrine  is  explicitly  produced  in  any 
of  the  books  of  international  law  published  duritiff  the  last  few  years  in 
Great  Jiritain.  Possibly  their  silence  on  this  point  may  be  caused  by 
the  policy  of  their  country,  which,  under  the  kings  of  the  house  of 
Hanover,  has  frequently  relied  upon  foreign  recruits  in  time  of  war. 
However  this  may  be,  some  of  the  English  works  referred  to  recognize 
the  right  of  every  sovereignty  to  the  supreiue  use  of  its  own  territory 
and  resources,  (Wildman's  International  Law,  vol.  i,  p.  01,)  but  without 
adverting  to  the  present  logical  coD.seipiences  of  this  right.  xVt  least, 
one  of  them  discusses  fully  the  collateral  (juestiou  whether  a  state 
loses  its  neutrality  by  permitting  foreign  levies,  and  concludes,  prop 
erly,  that  if  it  be  permitted  to  one  it  should  be  permitted  to  each  of  the 
respective  belligerent  powers. — (Manning's  Law  of  Nations,  vol.  iii,  cb.  i.) 
In  this  connection  the  same  accredited  English  writer  considers  and 
confutes  the  assumption,  crudely  and  erroneously  taken  up  iu  Great 
Britain,  that  some  doctrine  to  the  contrary  of  this  is  to  be  found  iu 
Vattel. — (Peudergast,  Armv  Law,  p.  44;  ?'(?<?>«.,  Navv  Law,  vol.  i,  V- 

13L) 
[194J        *The  truth  is  that  Vattel,  as  already  stated,  maintain.s  unequiv- 
ocally the  doctrine  that  there  can  be  no  foreign  recruiting  in  a 
country  without  the  consent  of  its  government.    He  says  expressly 


COUNTER   CASH    Or    TIIK    INITED    STATES. 


523 


that  all  such  unlicensed  foreign  recruiters  are  lidnapcr.'i,  and  Justly 
*' punished  with  the  utmost  severity  in  every  well-regulated  state." — 
[Droi/  lies  Gens.,  liv.  iii,  ch.  2,  8.  lo.)  ^siy,  he  admits  the  general  rule 
that  the  neutral  should  not  furnish  assistance  to  either  belligerent. — 
{[bid.,  liv.  iii,  ch.  7,  s.  110.)  liut  Vattel  was  a  Swiss,  of  Neufchatel,  and 
he  labored,  in  this  matter,  under  the  patriotic  necessity  of  extenuating, 
as  he  best  might,  the  ignominious  capitulations  of  the  Swiss  cantons  for 
the  supply  of  nu'rceuary  troops  to  the  other  states  of  Europe.  IJut, 
in  this  case,  he  has  enough  of  conscientiousness  to  say  that  there  must 
be  strict  impartiality,  or  at  least  contracts  of  service  anterior  to  the 
war. 

Mr.  Manning,  in  an  elaborate  review  of  the  whole  subject,  concludes 
thus: 

Foreign  levies  may  not  bo  allowed  to  one  belligcrctit  while  refused  to  bis  antagonist, 
consistt'iitly  with  tbe  diition  of  neutrality.  When  treaties,  flH^•trrf('H<  to  war,  porniit 
such  exclusive  privilege,  then      *      *       no  conij)laint  of  l)reaeh  of  neutrality  can  be 

maintained  by  the  excluded  pa:ty.  But  when  no  antecedent  treaty  exists  such 
[195]  a  permission  would  be  a  violation  of  neutrality,  ''.he  })rinciples  of  which  demand 

the  strictest  abstinence  from  assistance  to  either  party,  and,  of  course,  will  not 
admit  that  exclusive  privileges,  in  so  important  a  particular,  should  bo  granted  to  one 
belligerent.  Nor  have  the  customs  of  Europe,  derived  from  the  i)racticcs  of  the  middle 
;i;;es,  established  any  usage  that  prevents  this  (]uestion  from  being  settled  in  accord- 
iince  with  the  <lirtates  of  reason,  or,  in  other  words,  with  the  law  of  nature. — (Manning, 
u'.nupra,  p.  180.) 

Mr.  Manning's  reasoning  is  conclusive  so  far  as  it  goes.  And  the 
imperfection  of  other  English  law-books  in  this  respect  is  of  no  account, 
as  against  the  general  aiitliority  of  the  expounders  of  international  law 
iu  all  the  rest  of  Christendom. 

Misconstruction  has  also  been  i>hi(!ed  on  the  fact  that  Bynker.shoek 
maintains  the  right  of  piivate  or  voluntary  expatriation,  even  for  the 
purpose  of  foreign  military  service.  But  he  doe.s  not  express  nor  coun- 
tenance the  thought  that  a  foreign  belligerent  may  recruit  soldiers  in  a 
neutral  country  without  tlie  consent  of  its  sovereign.  On  the  contrary, 
he  exhibits  in  full  the  legislation  of  the  United  Provinces,  accord- 
[196]  ing  to  which  it  was  a  capital  offeuso  to  make  *enlistmeuts  in  the 
countrv  without  the  consent  of  the  b^ites-General. — {Qiuvst.  Jur. 
rublie!,  lib.  \,^c.  22.) 

Besides,  Great  Britain  has,  in  her  own  legislation,  sanctioned  and 
adopted  the  rule  of  public  law,  by  enacting  that  if  any  i)ersou  what- 
ever, within  the  United  Kingdom,  or  iu  any  part  of  the  dominions  of 
Great  Britain,  shall  hire,  engage,  retain,  or  procure,  or  shall  attempt  or 
endeavor  to  hire,  retain,  engage,  or  procure  any  i)erson  whatever  to  enlist, 
as  an  olli(;er,  soldier,  sailor,  qr  marine,  either  on  land  or  sea  service,  for 
or  under  or  in  aid  of  any  foreign  prince  or  government,  or  to  go  or  to 
agree  to  go  or  embark  from  any  i)lace  in  the  British  dominions  for  the 
purpose  or  with  the  intent  to  be  so  enlisted,  entered,  or  engaged,  rts 
aforesaid,  every  person  so  oftending  shall  be  deemed  guilty  of  a  misde- 
meanor, punishable  by  tine  or  imi)risonment,  at  the  discretion  of  the 
court  having  jurisdiction  of  the  act.— (Act  of  59  Geo.  Ill,  ch.  GO.) 

We,  in  the  Uuited  States,  acting  iu  the  sense  of  natural  right,  and 
following  the  rules  of  public  law  as  explained  by  the  jurists  of  conti- 
uental  Europe,  asserted  and  established  this  doctrine  at  a  very  early 
period,  iu  opposition  to  the  undertaking  of  the  French  government, 
[197]  through  *it8  minister,  M.  Genet,  to  man  or  equip  cruisers  within 
the  United  States. — (Mr.  Jeftersou  to  M.  Genet,  June  17,  1793. 
American  State  Papers,  Foreign  Affairs,  vol.  i,  p.  154.) 

And  our  judicial  text-books  are  full  and  explicit  ou  the  same  point. — 
(Wheaton,  by  Lawrence,  p.  498 ;  Kent's  Com.,  lee.  6.) 


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524 


TREATY    OF    WASHINGTON — I'ArERS    ACCOMPANYING 


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1 


It  is  obvious  to  the  most  superficial  reflection,  that  no  «listincti(»ii  ol 
principle  exists  in  the  levy  of  a  military  force  in  the  neutral  country,  as 
between  the  land  .and  sea  service ;  antl  if  (heat  Britain  may  raise 
within  the  United  States  volunteers  for  her  land  service,  so  Ilussia  may 
raise  them  for  her  marine  service,  that  is,  may  tit  out  privateers  in  our 
ports;  and,  indeed,  if  we  grant  or  permit  the  former  jjrivilege  to  (Ircat 
Britain,  we  must,  in  like  manner,  in  order  to  be  impartially  neutral. 
concede  the  latter  privilege  to  IJussia. 

And  it  is  e(pial!y  obvious  that  orcigu  recruiting  must  not  be  forbid. 
den  or  permitted  under  the  intluence  of  any  assumed  national  sympa- 
thies or  antipathies.  Individual  or  national  preferences  are  iiuitc  im- 
material  in  such  a  question.  The  United  States  cannot,  either  hnvfuliy 
or  honorably,  ])ractice  a  simulated  neutrality;  nor  can  a  dissein- 
|198J  bled  alliance  be  claiuied  or  *expected  from  us,  either  bydroat 
Britain  or  by  Itussia. 

From  the  well-established  rules  and  principles  of  law,  then,  it  is  plain 
to  conclude: 

1.  The  acts  of  enlistment  in  question  arc  contrary  to  the  municinil 
law  of  this  country,  and  indictable  as  a  high  misdemeanor. 

2.  Those  acts,  if  ]iermitted  to  one  belligerent,  must  be  perniittt'il  to 
all,  in  observance  of  imj)artial  neutrality. 

3.  Being  against  law  in  the  United  States,  and  therefore  not  permitted 
to  Great  Britain,  if  undertaken  by  her  as  a  government,  they  aflord 
just  cause  of  war,  being  diiect  national  violation  of  the  territorial  sov- 
ereignty of  one  nation  by  another. 

Jr.  Whatever  agents  of  the  British  government,  whether  official  or 
unofficial,  acting  voluntarily  or  by  orders,  have  i>articipateil  in  sudi 
acts,  are  not  only  guilty  of  a  criminal  infraction  of  the  statute  law,  hut. 
also,  in  the  language  of  Yattel,  of  violating  one  of  the  most  sacred 
rights  of  the  nation. 

1  presume  that  if,  in  the  i)resent  ease,  the  British  minister  iuiaginos 
that  the  acts  performed  under  his  direction  were  not  contrary  to  the 
municipal  law,  it  must  be  on  the  ground  that  the  recruits  wnv 
[199]  not  completely  enlisted  in  *the  United  States;  that  is,  did  not 
here  in  all  form  enter  the  military  service  of  Great  J>ritain.  That 
assumption  is  altogether  fallacious.  The  statute  is  exjjress,  that  if  any 
person  shall  hire  or  retain  another  person  to  go  bci/ond  the  limits  or  juris- 
diction of  the  United  States,  ivith  intent  to  be  enlisted  or  entered  into 
the  service  of  any  foreign  state,  he  shall  be  deemed  guilty  of  the  dclinod 
misdemeanor. 

It  is  possible,  also,  that  he  may  have  suppose*!  that  a  solemn  contiact 
of  hiring  in  the  United  States  is  necessary  to  constitute  the  otfcnso. 
That  would  be  mere  delusion.  The  words  of  the  statute  are  '•  hire  or 
retain.''  It  is  true,  our  act  of  Congress  does  not  expressly  say,  as  tlie 
British  act  of  Parliament  does,  "  whether  any  enlistment  money,  pay,  or 
reward  shall  have  been  given  and  received  or  not,''  (Act  59  i'to.  111. 
ch.  09,  s.  2  ;)  nor  was  it  necessary  to  insert  these  words.  A  ]>arty  may 
be  retained  by  verbal  promise,  or  by  invitation,  for  a  decared  or  known 
purpose.  If  such  a  statute  could  be  evaded  or  set  at  naught  by  elab- 
orate contrivances  to  engage  without  enlisting,  to  retain  without  hirinjr. 
to  invite  without  recruiting,  to  pay  recruiting  money  in  fact,  but  under 
another  name  of  board,  passage-money,  expenses,  or  the  like,  it 
[200]  would  be  *idle  to  pass  acts  of  Congress  for  the  punishment  of  this 
or  any  other  oft'ence. 

However  this  may  be,  and  if  such  were  the  thought  of  the  British 
govern !nent,  it  has  not  been  succesfuUy  carried  out;  for,  on  the  evi- 


COUNTER    CASE    OF    THE    UNITED    8TATES. 


525 


(ItMice  before  ine,  ineliulinj;  the  general  iustructioii.s  of  the  British  min- 
ister Jiiul  hi.s  direct  corre!s|)()jHleiice  witii  reeruiting-otiieers  in  the  United 
States  and  others,  my  opinion  is  positive  that  the  parties  have  made 
tlieniHelves  amenable  to  the  penalties  of  the  statute,  and  may  be  con- 
victed before  any  competent  court  of  the  United  States. 

It  is  further  to  be  observe(i,  in  conclusion  of  this  brancii  of  the  sub- 
ject, that,  whether  the  acts  of  the  British  minister  and  his  agents,  in 
rocniiting  troops  within  the  United  States,  do  or  do  not  come  witldu 
tiie  technical  provisions  of  the  acts  of  Congress,  is  altt)gether  immate- 
rial to  international  right,  as  between  this(iovernment  and  that  of  Great 
Britain.  If,  by  ingenious  evasions  of  the  letter  of  a  penal  statute  iu- 
teiuled  only  for  private  malefactors,  the  British  government  should, 
nevertheless,  levy  troojjs  here,  the  fact  of  the  statute  being  thus  de- 
feated and  trampled  under  foot  would  serve  only  to  augment  the  public 

wrong. 
[L'Olj       *Suppose,  for  instance,  that  the  British  government  shall  have 

said  to  its  otticers,  civil  or  military,  in  the  British  North  Anuui- 
Ciiu  Provinces,  and  to  its  diplomatic  or  consular  agents  in  the  United 
States,  "you  will  proceed  to  raise  so  many  men  in  the  United  States; 
but  remember  that  to  do  so  is  forbidden  by  the  municiptil  law  of  that 
country,  and  is  indictable  as  a  misdemeanor;  you  will,  therefore,  take 
care  to  proceeil  cunningly  in  this,  so  as  not  to  incur  the  penalties  of  the 
statute."  Such  instructions,  while  they  might  have  the  eflect  of  raising 
the  troops,  as  desired  by  the  British  government,  without  its  agents 
incurring  the  penalties  of  the  statute,  would  but  constitute  a  more  Ha 
{jraut  and  aggravated  violation  of  the  national  dignity  and  the  sovereign 
lights  of  the  United  States. 

Suppose  a  foreign  government,  by  circular  instructions  to  its  dip'io 
matic  and  consular  agents  in  the  United  States,  instructs  them  to 
oij^auize  a  system  for  evading  the  revenue  laws  of  the  country.    In  such 
case  would  the  international  injury  be  any  less  if  the  contemplated 
evasions  should  be  successfully  perpetrated.'    Or,  if  the  government  of 

an  adjoining  country  send  hither  agents,  under  tlie  immediate 
[20l*]    superintendence  of  its  minister,  to  *counterfeit  the  coin,  circulate 

base  coin,  steal,  rob,  or  commit  any  other  offense,  with  depots  on 
oui  frontier  to  facilitate  the  commission  of  the  crime  and  utilize  its 
pioeeeds:  Should  we  be  satisfied  with  the  reply,  that  in  all  this  our  lawa 
had  been  successfully  evaded  l)y  the  careful  instructions  and  ingenious 
devices  of  the  foreign  government  and  its  public  functionaries  in  the 
United  States? 

ileyoud  all  this,  it  would  seem  that  the  legal  advisers  of  the  British 
j;overuinent  conceive  that  the  otiicial  agents  of  one  nation  may  right- 
fully do,  within  the  territory  of  another,  anything  which  is  not  by  the 
domestic  statutes  of  the  latter  declared  to  be  a  municipal  offense,  in 
dictable  as  such  before  the  courts  of  law.  If  such  an  idea  be  entertained 
hy  the  British  government  or  its  law-ofttcers,  certainly  it  is  a  mere  de- 
lusion, i»ossible  to  exist  oidy  in  minds  shut  up  in  the  narrow  sphere  of 
the  technical  common  law  of  England. 

How  insular  that  law  is,  and  how  defective  the  knowledge  it  imparts 
even  for  the  purpose  of  domestic,  and  still  more  of  foreign,  admiuistra- 
tiou,  the  jurists  of  England  themselves  have  too  frequently  had  cause 
to  observe. — (See,  ex:  gr.,  Phillimore's  luteruat.  Law,  pref.,  p.  xi;  Chitty's 

Prac.,  i)ref.,  p.  v,  note.) 
1-03]       Nothing  can  be  plainer  than  the  position  that  the  objects  of  the 

municipal  law  in  such  a  case  are  domestic  only.  In  constitutional 
governments  it  confer,3  on  the  executive  in  the  particular  matter  powers 


W' '  ^"^ 


526 


TK'KATV    Ol'    WAS11IN(;T()N PAPKRS    A((()M1'A\YIN(J 


ii 


:■)■■ 
I; 


i*l-> 


m 


:  I, 


m 
-p. 


'I''-  '-■ 


'J.V.' 


whu;h  he  would  not  othorwi.se  jiossi'ms,  and  it  provides  thi^  means  of  ro- 
pressing;'  all  acts  of  individual  persons,  whether  foreij;n  ajjents  or  not, 
which  niay  contravene  the  policy  or  infrin;»e  the  rijihts  of  the  coinitry 
But  tlu'  municipal  law  cannot  reach  the  foiei<;n  sovereijjnty,  by  whose 
orders  th«'  individuals  in  (juestion,  if  j)ul)li(!  a^';ents,  act  in  violation  oi 
the  local  soverciij^nty.  Yet,  is  not  the  forei;,'n  sovenM^Mi,  as  sovcrci<,Mi, 
the  (iliief  wronji'  (loer '  And  is  tlu^  wroiij,'  to  be  redressed  in  no  way  ex- 
cept by  punishinj;-  the  subordinate  a^jeuts  of  the  wron^r,  if  there  hii|i])t'n 
to  be  any  numicipal  law  to  reach  the  case.'  And  if  there  be  no  sinli 
law,  is  the  injury  to  jjo  unredressed.'  Clearly  not,  for  governments  in 
their  international  acts  are  directly  responsible  to  governments. 

But  the  radi(!al  alisnrdity  is  in  assuming  tiiat  a  foreign  government 
may  lawfully  do  on  the  territory  of  another  government,  or  cause  to  be 
done,  anything  whatever,  which    's  not  made  penal  by  local  statutes. 

This  assumi)tion  is  altogether  groundless.  The  law  of  nations  i^; 
[L!()4|    "international,  not  domestic  or  municipal;  it  is  the  niscmhlc  ot 

international  conventions,  usages,  and  received  o|)inions,aiilc(l,  in 
case  of  need,  by  the  doctrines  of  abstract  justice  and  of  universal  rciison. 
It  is  not  restricted  to  the  bounds  of  acts  of  I'arliament  or  acts  of  Con- 
gress. International  right  would  be  reduced  to  a  singular  condition  in- 
<leed  if  it  consisted  of  those  things,  and  those  things  only,  which,  for 
consideration  of  internal  convenience,  (heat  Britain  or  the  United  States 
may  have  happened  to  enact  as  law  by  means  of  their  legislative  as 
semblies.  It  is  not  so,  either  aHirinatively  or  negatively.  Things  nrc 
aftirnied  in  their  statutes  which  are  not  according  to  the  law  of  nations; 
and  there  are  many  points  of  international  law  which  have  not  been 
afhrmed  by  their  statutes.  A  single  pertinent  illustration  of  the  latter 
will  suftice. 

There  are  two  matters  of  sovereign  right  which  are  alike  in  character. 
and  are  naturally  associated  in  the  writings  of  international  jurists. 
namely,  the  right  to  prevent  either  the  transit  of  foreign  trooi)S  or  tlie 
enlistment  of  .soldiers  for  foreign  service.     In  Great  JJritaiu  and  tin 

United  States  we  have  municipal  laws  to  repress  and  to  i)unisli 
(L'(K")|    the  individual  agents,  otHcial  *or  nnofficial,  of  the  latter  invasion 

of  our  sovereign  rights;  but  none  to  punish  or  even  to  repress 
the  former.  May  it,  therefore,  be  done  with  impunity  ?  Nay,  can  it  l»e 
done  without  national  ottense  '  It  may,  according  to  the  premises  as 
suraed  in  the  other  ca.se.  If  all  acts  of  foreign  enli.stment  may  be  right- 
fully done,  provided  there  be  no  prohibitory  statute,  and  if  there  bo  any, 
then  all  such  as  the  statute  does  not  reach — of  course  all  acts  of  foreign 
military  transit  may  be  rightfully  performed,  and  there  is  the  end  of  the 
sovereignty  of  every  nation,  which  does  not  happen,  like  Great  Britain, 
to  be  surrountled  by  water. 

lu  truth,  the  statute  in  all  these  matters  is  of  but  secondary  account. 
The  main  consideration  is  the  sovereign  right  of  the  United  States  to 
exerci.se  complete  and  exclusive  jurisdiction  within  their  own  territory ; 
to  remain  strictly  neutral,  if  they  please,  in  the  face  of  the  warring  na- 
tions of  Europe ;  and,  of  course,  not  to  tolerate  enlistments  in  the  coun- 
try by  either  of  belligerents,  whether  for  land  or  sea  service.  If  there 
be  local  statutes  to  punish  the  agents  or  parties  to  such  eidistments  it  is 

well ;  but  that  is  a  domestic  question  for  our  con.sideration,  and 
[20GJ    does  not  regard  any  foreign  government.    All  *  which  it  concerns 

a  foreign  government  to  know  is,  whether  we,  as  a  government, 
permit  such  enlistments.  It  is  bound  to  ask  permission  of  us  before 
coming  into  our  own  territory  to  raise  troops  for  its  own  service.  It  ba.s 
no  business  to  inquire  whether  there  be  statutes  on  the  subject  or  not. 


nN(i 


COrNTKK    CASK    OF    TIIH    INITHI)    S'lATKH. 


n^: 


27 


moans  of  ro- 
:«'iits  (»r  not, 
the  coimtrv. 
ty,  by  whose 
I  violation  oi 
IS  sovcrcij,'!!, 
M  no  way  ox- 
tluMc  liappcii 
b«'  n<»  siii'li 
r(M-nnuMits  in 

UMltS. 

<i;ov»'rMni('iit 
I'  ('ausc  To  bo 
)eal  statat«'s». 
of  nations  i^; 
3  ensemble  ot 
ons,  aided,  in 
revsal  iciison. 
nets  of  Con- 
condition  in- 
ly, wliicli,  for 
IJnitod  Statf.< 
ptjislativc  as- 
Tliinj;s  are 
wot' nations; 
live  not  I't'Hi 
of  the  latter 

in  cliaraotor, 
ional  jurists. 
troops  or  the 
tain  and  tin 
md  to  jnuiisli 
itter  invasion 
Ml  to  repress 
say,  can  it  l»i' 
premises  as 
may  be  rijilit- 
there  be  any, 
eta  of  foreign 
he  end  of  tlie 
h-eat  Britain, 

dai'V  aecount. 
:ecrstates  to 
I  wii  territory; 
e  warvin;,'  na- 
s  in  the  couu- 
ice.  If  there 
listments  it  is 
deration,  and 
ch  it  concerns 
government, 
of  118  before 
srvice.  It  has 
ubject  or  not. 


Least  of  all  has  it  the  right  to  take  notice  of  the  statut<'s  only  to  sco 
how  it  may  devise  iricans  by  which  to  evade  them.  Instead  of  this  it  is 
Itoiuid,  not  oidy  by  every  consideration  of  international  comity,  bnt  of 
the  strictest  intermitional  law,  to  respect  the  sovereignty  and  n-gard  the 
imblic  policy  of  the  Tnited  States. 

Accordingly,  when,  at  thecomnienceinent  of  the  great  I'liu'opean  struggle 
between  Kngland and  France,  nearthiMdoseof  thelastcentnry,  thel'rencdi 
},'Overnmeutassnmed  tore(;rnitmarin(^  forces  in  the  United  States,  it  was 
lield  by  President  Washington,  and  by  his  Secretary  of  State,  .Mr.  .lef- 
ferson,  as  explained  in  the  <'«)rie^ pondence  he;einljefore  quoted,  that  by 
the  law  of  nations,  in  virtne  of  onr  sov«'reignty,  and  without  stopi»ing 
to  enact  municipal  laws  on  tlu^  subject,  we  had  full  right  to  repress  aixl 
repel  foreign  enlistments,  and,rc<>/ire»'.vf>,  that  the  attempt  to  make 


m: 


t  of  gross  ^national  aggression  on 


any  such  enlistments  was  an 
the  United  States. 

When  a  foreign  government,  by  its  agents,  enters  into  the  United 
States  to  perform  acts*in  violation  of  our  sovereignty,  and  contrary  to 
our  public  policy,  though  a(;ts  not  made  i)enal  by  municipal  law,  that  is 
;i grave  national  indignity  and  wrong.  If,  in  addition  to  this,  such  for- 
cifjn  government,  knowing  that  penal  statutes  on  the  subject  exist,  de- 
liberately undertakes  to  evade  the  municipal  law,  and  thus  to  baffle  and 
bring  into  disrepute  the  international  administrati<tn  of  the  country,  in 
such  case  the  foreign  governnuMit  not  only  violates  but  insults  our 
national  sovereignty. 

I  repeat,  then,  that,  if  it  were  to  be  supposed  that  the  Ihitish  gov- 
ernment had  so  far  forgotten  what  is  due  to  its  own  dignity,  as  to  iri- 
strnet  its  agents  within  the  territories  of  tlue  German  Bund,  in  the 
Netherlands,  in  the  U:iited  States,  to  (iiilist  recruits  without  respect  for 
local  sovereignty,  but  with  care  to  avoid  or  evade  the  letter  of  local 
statutes,  instead  of  diminishing,  that  would  aggravate  the  injustice  and 
illegality  of  the  proceeding  in  the  eye  of  the  law  of  nations,  and  the 
intensity  of  the  public  wrong  as  regards  the  neutral  states  thus 
|208|  converted,  without  their  consent,  into  a  *recruiting  ground  for 
the  armies  of  Great  Britain. 

hiich  instructions  would  be  derogatory  to  our  public  honor  in  anotlier 
respect.    They  presume  that  the  United  States,  without  bccomi».g  the 
open  ally  of  Great  Britain,  will,  by  conniving  at  the  use  of  their  terri 
tory  lor  belligerent  purposes,  while  professing  neutrality,  thus  carry  on, 
as  already  intimated,  a  dishonorable  war  in  disguise  against  Kussia. 

It  appears,  however,  that  the  British  government,  linding  it  imjwssi- 
l)lo  to  keep  the  ranks  of  its  army  tilled  by  voluntary  enlistments,  and 
being  loath  to  encounter  the  responsibility  of  a  law  for  conscription,  for 
•Irafts  on  militia,  for  periodical  service  of  its  able-bodied  men,  or  for 
any  other  systematic  method  of  raising  troops  from  its  owi:  population, 
introduced  into  Parliament  a  bill  entitled  "'An  act  to  ])ermit  foreigners 
to  be  enlisted,  and  to  serve  as  otticers  and  soldiers  in  Her  .Maj«>sty's 
tbrces,"  but  which  was  in  fact  a  bill  to  authorize  the  government  to  em- 
ploy agents  to  carry  on  recruiting  service  in  the  neutral  states  of  Europe 
and  America. 

The  law  was  earnestly  objected  to  in  its  progress  as  insulting  to  neu- 
tral states  and  derogatory  to  the  national  dignity,  but  was  passe<l, 
I-09J   *r»evertheless,  on  the  L'lid  of  December,  IS'A. — (Hansard's  De- 
bates, third  series,  vol.  130,  passim.) 

At  an  early  day  after  the  passage  of  this  act  measures  were  taken  to 
recruit  officers  and  men  for  a  proposed  foreign  legion  in  the  United 
States,  those  measures  being  publicly  pursued  under  the  official  respon- 


;'■ 


m^ 


si-  r 

'%■■  I 
■-;;■     f 

•.iM 


II 


4« 


I  vim 

■l-d     I   : 


528 


TREATY    OF    WASHINGTOX PAPERS    ACCOMPANYING 


sibility  of  Sir  Gaspard  lo  Marchaiit,  lieutenant-governor  of  the  province 
of  Nova  Scotia.  A  military  depot  was  established  at  Halifax  for  the 
reception  and  enrollment  of  recruits ;  and  Mr.  Howe,  a  member  of  the 
provincial  government,  with  other  agents,  came  into  the  L^niied  States 
to  make  arrangements  for  engaging  and  forwarding  the  recruits,  chiefly 
from  Boston,  New  York,  and  IMiiladelphia.  Subsequently,  correspondiujj 
arrangements  were  made  for  collecting  and  forwarding  recruits  fioui  the 
Western  States,  by  Butt'alo  or  Niagara,  through  U|)per  Canada. 

These  icts  were  commenced  and  i)rosecuted  with  printe«l  handbills 
and  other  means  of  advertisement,  and  recruits  were  collected  in  depots 
at  New  York  and  elsewhere,  ar.d  regularly  transported  to  Canada  oi 
Nova  Scotia,  with  undisguised  notoriety,  as  if  the  United  States  were 
still  a  constituent  part  of  the  British  eminre.  Of  course,  they 
[210]  attracted  great  attention,  and  the  *  various  measures,  whether 
legal  or  political,  proper  to  put  a  stop  to  them  were  in-^f-tiitt'd  h\- 
your  direction,  thvongh  the  instrumentality  of  the  foreign  or  leg.il 
departments  of  the  Government  of  the  United  States. 

In  the  course  of  the  iuvesti;»'ations  whieli  ensued,  among  the  faels 
brought  to  light  are  some,  iu  the  documents  referred  to  me,  which 
unequivocally  imi)lir,.-''  not  oidy  the  British  consuls  but  the  British 
minister  himself  ii;  the  unlawful  transactions  in  (piestion,  and  so  call 
for  inquiry  as  to  Uie  rights  of  this  Government  in  reference  totljemaud 
their  government. 

In  the  aj)plic;itiou  of  the  general  rules  of  law  to  the  offenses  committed, 
it  is  necessary  to  distinguish  between  the  caseof  any  of  the  consuls  ami 
that  of  tlie  minister. 

The  several  district  attorneys  of  the  United  States  within  wlio.se 
jurisdiction,  respectively,  the  cases  occurred  very  properly  as^uuied  that 
the  consuls  were  subject  tt>  imlictment  for  infraction  of  the  nranicipai 
law,  and  have  proceeded  accordingly,  ])rosecution.',  having  alreatly  been 
instituted  in  the  southern  district  of  Ohio  iigainst  the  consul  at 
I'-'llJ  Cincinnati,  and  in  'he  southern  district  of  New  York  *  ai;aiii{.t 
an  olUcer  of  the  consulate  of  New  York. 

Nothing  is  better  settled  b,v  ...Ijudication  in  this  countiy  than  that 
foreign  consuls  are  siiii;ieet  to  criminal  i>rocess  tor  violatio:i  of  the 
munici|ial  laws, — (United  States  vs.  Kavara,  -  Dall.,  -!>7 :  Mannhanlt  n. 
Sode-stroui,  1  Bin.,  1H:  CiMiiinonwealth  vs.  IvuslotV,  1  Serg.  &  li.,  r)4"i: 
State  vs.  Dr  la  Fcnvt,  l'  NiJ^tt  and  Me,,  -JIT.) 

These  ailiudieations  are  iu  <'xact  conformity  with  the  I.-'^'  of  nations  ia 
regard  to  <'c)nsnls.  as  understood  and  practiced  not  less  in  Great  ISiitaiii 
than  in  the  other  states  ol'  Cliiistendoai. — '^See  ((iilv,  p.  IS;  also  Iveiit'.s 
Com.,  vol.  i,  J).  44  ;  Wheaton's  I'M.  l)y  Lawrence,  .'JO.').) 

The  only  [U'ivilege  whirli  a  consul  enjoys  in  this  respeet  in  tlie  United 
States  is  that  awarded  ti>  him  by  the  Constitution,  of  being  t'-iedi'V  the 
Federal  co\irts;  tlie  elfeet  of  wliich  is,  tlrat  his  ease  remains  within  the 
control  of  the  General(io\ernn>ent,  wlreh  may  deal  with  it  aecordiii/ 
to  the  convenienee  or  the  exigencies  of  its  fore  un  poli(!y,  without  imped 
iment  from  the  antlunity  ot  any  of  the  individoal  Spates  of  the  Union.— 
(Const,,  art.  iii,  .see.  "J ;  act  oi'  September  24, 17.SI>,  sec.  1>,  1  St:it.  at  Large, 
p.  77.) 

The  consul  at  Ciiu'innati,  as  ap[)ears  by  the  h'gal  [)roeee(liiij; 
['JI2J  there,  sni>poses  that  he  is  *entitled  to  the  benelits  of  certain  peni 
liar  stipulations  in  the  consular  «'onven*^!on  between  the  United 
Statues  and  France  of  Feluuary  L'.">,  IS,");;,  If  it  wen?  so,  that  would  not 
serve  him  on  the  main  point,  becau.se  it  does  not  exenji)t  consuls  rrom 
the  criminal  jurisdiction  of  either  of  the  contracting  governments.    I»'it 


lO'OUNTEi?    CASK    OF    TlIK    IMTKl)    STATKS. 


r)2H 


Bs  CO  mm  it  toil, 
e  consuls  ami 


ly  tli;r.i  that 

atio'i  ot"  tlic 

\IannlK)n[t  n. 

-.  &  If.,   ">4'«: 


within  tlic 

I.  it  iiceoidiii,' 

it  hunt  imiH'd 

{■  tlu'  iruioii.— 

St;it.  atLarj;iS 


iliisroiivontion  lias  no  applic.Uion  wlmtcvor  to  the  consular  relations  of 
(Ireiit  Uiitiiin  and  the  uniteci  Stau^s.  Whether  it  applies  or  not  to 
oovenimont><  witii  >vhich  we  have  entoied  into  si:i|)ii!ations  to  place  our 
respective  (;onsulson  tiu'*  t'ootinj;'  of  the  most  t'avjred  nation,  is  a  ques- 
tion ii-*  yet  uiisi'ttied.  But  i'lere  is  no  «^ipulaiion  of  that  nature  in 
t'xistoiice,  as  hetween  (rreat  Britain  and  the  iJiiited  States.  Of  course, 
tliciliities  and  the  riiflits  of  AiniM-ican  consuls  in  (rreat  Bri'  .in,  and  of 
llritisli  cons'.'.ls  in  tiie  I'nited  States,  stand  ui)on  the  law  of  nations, 
f\('i'lit  as  the  same  is  modiHed  by  their  ireatie:.  ami  l>y  the  local  law  of 
citlu'r  country.  Tiie  local  law  of  eac^h,  as  we  have  seen,  withholds  from 
cdisnlsthe  (iiplomatic!  privile;;!^  of  exterritoriality.  A  British  consul, 
thoret'ere.  Ins  no  just  <rau?e  of  coiiiplaiiit  if,  when  ehar<red  with  an 
(itleiise,  he  is  held  atu('nal>ie  to  thi*  eriminal  jurisdiction  of  the  L'nited 

States. 
jM]       In  addition  to  those  ordinary  means  of  redress  *in  tin'  case  of 

the  miscoiMln<!t  of  a  foreiun  eonsnl,  is  that  afforded  l)y  the  law  of 
:Kiti(His.  Tin'  IMcsident  of  the  United  States  has  the  uiidouhted  power, 
in"" 


liis  discretion,  to  withdraw  the  excipiatur  of  any  foreijjn  cojjsuI.  To 
nistil'y  tiie  ex«':  'ise  oi"  this  i)ower,  lu^  does  not  need  the  fact  of  a  technical 
viiiliition  of  a  law  judicially  |)roved.  lie  may  ex(u-cise  it  for  any  reason- 
;ii)l(' cinisc,  whenever,  in  his  iiid<«nH'nt.  it  is  called  f)r  by  the  interests 
01  the  hointr  of  the  United  States. — ;I)l'  UlerrMj,  (iiiile  (fca  Coimdates, 
p.  101.) 

On  each  of  thi'se  points  provision  was  midi^  in  the  comm-M'cial  con- 
M'litioti  between  tin*  I'niieii  States  and  (Ireat  Britain  of  July  .'i,  18lo, 
wliifli  stipulate^*  that  "  bi'fore  au.N  eonsnl  (in  either  country)  shall  a(;t 
iissiicli.  ht>  shall,  in  tlu^  usual  ft)r>i,  be  appioved  ami  admitted  by  the 
^im'niinent  to  which  he  is  sent :  and  *  *  in  case  of  ille;;al  or  im- 
inopcr  conduct  toward  the  laws  of  the  j;-overnmcnt  ..f  the  country  to 
wliicli  lie  is  sent,  su(di  consul  may  either  be  punishci  ae(tordinjj;  to  law, 
if  ilii' huv  will  i'ea<'h  the  cas^-,  or  be  sent  bac.k  ;  the  olVcnded  jjoveru- 
litiMt  assiyiiin^'  to  the  other  the  reasons  for  the  same.'' — (.Article  IV.) 

This  con  vent  n)n,  i)y  its  terms,  was  to  subsist  only  four  years.    By 

-Hi   a  snbs('(pient  convention,  *tliat  of  October  -!>.  ISIS,  its  durati(»n 

was  jtroro^ued  ten  ye;irs.  (.Vrticle  I\  ,)  and  afterward,  by  thecon- 

•  iitiiMiof  .'Vnjiust  <».  lSi'7,  Ibr  another   ten  years,  and  until  denounced 

'\  cither  party  o»i  twehe  months'  notice. 

I'lir  the  rest,  the  stipnlatif)ns  of  the  convention  of  1S1."».  as  <'ontini'aMl 

!i\  the  conventions  of  iSlS  and  ISl'T,  are   but  dei-laratory  of  the  law  of 

itions,  as  that  is  nnderstoixl   both  in  (licat  Britain  and   the  United 

•!;itcs. 

I;i  ri';;iir(i  to  the  minister,  it  is  clear,  if  he  \iolate  the  laws  of  the  p'ov- 

iiinicitl  to  which   he  is  acci'edited,  or  otherwise  otVend  its  soverei,y;nty, 

iii'ic  is  no  renu'dy  except  in    the  maniu'r  and   form  prescribed  by  the 

l:t\v  of  nations,      lie  enjoys  e\enii>ti<m  from  jndit-ial  process,  which  im- 

iiiiiity  IS  not  so  much  his  ri^ht  as  thai:  ol  his  <;•<  vernment. 

It  w.is  formerly  held   in  I'n^^iand,  as  wc  see  in  March's  case,  reported 

''  Utile,  in    the   time  of  -lames  1,  thai. '•  a!thon;'h  an   embassador  is 

;'iivilcji(Ml  by  the  law  of  natui'e  and  of  nations,  yet.  if  he  connnit  any 

"ih'tisc  uHaiiist  the  law  ol'  natur<>  or  reason,  he  shall  lose  his  priviicj;e, 

"I*  Met  if  he  oU'end  against  a  positive  law  of  any  I'calm." — (Kolle's  U., 

'•  lo"*,)     Xo  su(dt  distinction  between  mala  proliihifa  and  ninla  in  hc,  as 

resp«'crs  endiassadms,  is  now  admitted,  ai'd  their  exterritoriality 

•l»!   is  the  *uiianimous  doctrine  of  all  publicists,  and  is  reeo^ni/.cd  iu 


'n 


i'.ii}iland,as  it  is  in  tlu-  Uniti'd  States,  by  statute 
ic  whole  (pu'stion  is  learnedly  discussed  by  Wildman.  whose  views 
U  A 


^.r 


530 


TREATY    OF    WASHIXGTOX — PAI'KKS    ACCOMl'ANYIXi; 


U 


fit  .*-■ 
■11 


ll> 

ii! 


are  in  accordance  with  those  of  (Irotins  and  Uynkershoek,  wliit  h  uou 
prevail  throughout  Christendom. — (Institutes,  vol.  1,  i».  *MK} 

JJut  the  privllef^e  of  exterritoriality  is  not  conferred  on  a  i)ul»Ii<'  min. 
ister  as  a  shield  to  crime.  For  any  crinu's  which  he  nuiy  coimnit  the 
remedy  varies  according"  to  the  natuie  of  the  case. 

As  to  ott'cnses  af^ainst  the  miinii-ipal  law  of  tlio  (iountiy,  c(»iiiiiiitt((i 
by  a  forei};n  minister,  or  other  i)ers(»n  entitled  to  tin;  privilc;;^  of  dipln 
inatic  exterritoriality,  we  have  a  statute  wliieh  d«*clares  that  any  writ 
or  process  ayainst  tliem,  issued  by  any  (!ourt.  is  utterly  null  and  void,— 
(Act  of  April  .'50,  171)0,  sec.  L*."),  1  !Stat.  at  Larj-e,  p.  117.)  And  rliis  imniu 
uity  of  ]>ublic  ministers  has  been  the  subject  of  Judicial  r('co;^iiiii(iii  jn 
several  instances.  (See  irjijtcd  States  rs.  Hand,  U  Wash.  ('.  ('.];,. 
4.'{.">;  United  States  r,v.  Li«idie,  /7/<.7.,  j ).-()."» ;  ex  parte  Cabrera,  /"/*/(/..  ]i, 
2.'W.  See  also  Wheaton  by  Lawrt^nce,  ]>.  L'^ii ;  Kent's  Com.,  vol.  1.  p. 
3.S;  ()i)ini(Ui  of  ^Ir.  Attoiiuy  v'lener.d  Lee,  of  July  27,  171>7.) 

1'he  casesof  criminali*^y  on  tiiepartof  a  [)ublic  minister  iiiiiyln 
[21(1]    (list  in  finished  into  the  *lollowinj>;  classes: 

1st.  If  the  crime  comnutted  by  tin'  minister  alfcct  indi\  jiiiiaiN 
only,  (th'lict .  prirata,)  the  {.'.overnnient  of  the  cctuntry  is  to  demanil 
recall;  and  d'  his  j^'overnment  refuse,  to  recall  him,  the  goveniineiit 
the  country  may  either  expel  him  by  for(!e  or  brinj;'  him  to  trial  as  ik 
loufjer  entitled  to  the  immunities  of  a  minister. — (Kluber,  Droit  ihs 
OcHH,  sec.  211;  Ch.  de  Martens,  (inldi'  DipUmtnt'tiiHe.  torn.  I,  [>.  SS.) 

2d.  If  the  cringe  atfect  the  public  safety  of  the  country  its  jiovcin 
ment  may,  fin-  ur;^'ent  cause,  either  seize  and  hold  his  person  until  tin 
danger  be  passed,  or  expel  him  from  the  t-ouutry  by  force  :  for  the  sattt, 
of  the  state,  whit-h  is  superior  to  other  considerations,  is  not  to  he  |itr 
lied  by  overstrained  regard  for  the  privileges  of  an  enii»ass;i(lnr.— 
{Ihid.;  see  also  Kent,  vol.  1.  |).  ."iS;  Seliooner  lv\change  rx,  Md'addcii.  I 
(/ranch,  lHi~i;»l).)  Inched,  it  has  been  held  iu  such  a  case,  in  Ijighiiiii 
that  the  offending  party  may  be  ])iocce<led  against  for  treason,  "ll." 
it  is  allirmed  in  the  case  of  l»'e\  r.-;,  ( )u('n.  "an  emi>assador  compass  aiiil 
intend  tleatii  to  the  King's  person  in  the  laml  wheic  he  is.  he  lany  I" 
condemned  and  executed  lor  treason." — (Ifcx  r.s.  ()\vcn.  luiiic'sl,',. 
[217J  1'.  ISS.)  Ibittlial  <lictnm  is  not  in  citmord  w  ilh  pieccdc'Uts, 'wiiicii. 
in  general,  go  nolurtlicr  than  the  arrest  and  coniincincnt  :iii<l 
tlie  e\entnal  or  t  lie  ini  mediate  expulsion  of  a  pn!tii<'  minister  lor  ii'c;isii:i 
able  acts  or  ads  dangerous  to  the  security  ol   the  stale. 

Signal  instances  ol  the  arrest  itv  sinnmary  expulsion  of  public  iiiiii 
istcrs  in  such  a  case  are  collecled  by  llvukcrshoelv,  by  Wiccpn  ItHl.  i'v 
AVildman.  and  l»y  Charles  ilr  .Martens,  {Cdiisrs  Ct' lilin:s.) 

A  very  modern  case  of  great  iiolcuicty  is  that  of  Sir  llenrv  Ilalwci. 
who.  while  Ibitish  ndnisler  at  Madrid  <liiring  the  adminisi  lalion  of  iIk- 
Duki'  of  N'alencia,  ((lencral  Narvae/,)  being  delected  iu  complicity  wiii 
domestic  rcxolulicuiists.  was,  after  his  rt'call  had  been  respect liilly  !• 
(piestt'd  (d'  the  lliitisli  government  and  refused  by  it,  required  i»y  Itltn 
oi  the  Duke  of  S(doma\(»r,  the  Sp.iuish  minister  of  foreign  affairs.  N' 
tput  Spain  immediat»'ly,  and  did  so. — (llernande/,  Kspm'in  tf  d  \'iscoiiil' 
rottiivrstuH,  Madrid,  IS  is.) 

The  incidi'ut  occasiimcd  a  biief  inti'irnption  of  the  diphunatic  ivit 
tions  of  the  two  govei  unu'Uts;  but  Spain  stootl  linn  ;  an<l,  as  Sir  Ihiin 
IJulwer  had  acted  under  the  instruetions  of  Lord  l*almerston,  the  Uni 
ish  minister  (»f  Ibreign  alfairs,  the  IJritish  govcrtiment,  alter  siune  <l(l;i\ 
and  the  exchang«'  of  explanations,  conscious  that  it  had  wi'V 
[21SJ  placed  in  the  wrong  by  L  )rd  I'abnersion,  *s  ibin  t  ed  to  scml  i 
new  nnnister  to  .Madrid. — (Hansard's  Debates,  third  scries,  vul. 
(JO,  p.  .{47.) 


COUXTKU   CA.<E    OF    THE    UXITEI)    STATES. 


531 


try,  foinuiitttci 
\  il(';;e  ii\'  (lipid 
I  that  any  writ 
mil  aiul  void.— 
Villi  tiiis  iiiiinii 
I  rcco^^iiiitiuii  ill 
Vasli.  ('.  ('.  ];,. 
abrcra,  llnd,  ]>. 
Com.,  vol.  I.  p, 

liiiistcr  may  !m- 

IV'ct  iiidiviiliial^ 
;  t«)  (U'liiaiiil  !(i- 
g<>v«'niiu('!it  (ii 
111  to  trial  its  im 
lIut,  Jh-()H  (/'.v 
1.  I,  I..  88.) 
I  try  its  ;^ov('ii! 
tersoii  iiiilil  t!i> 
;  lor  tlic  salet;. 
is  not  to  1h'  |Mi 

t'iiil>assa(lnr.— 
'".s.  Mcl''atl<lt'ii.  ~, 
as(i  ill  i'hi^liiii'i 

treason,  "li. 
lor  coiiipass  aiiii 
M'  is.  he  m;iy  1" 
)\v('n,  IJoUf'sll., 

iH'iU'lltS,  *\vllirli, 
onliiiiMiKMit  an 
st«'i'  lor  irt-asii;. 


■  Ih'iiiy  Taiiwi 
iiisliatioii  of  ill' 
coniplicity  Willi 
r(','.|i('ctriiilv  1' 
M|iuif(l  by  li'itii 
tici^n  atlaiis.  I.' 

U'lH  II  el    Visroii'i' 

iliploinatic  ivia 
nd,  as  .Sir  H'lH} 
oistoii,  the  lliii 
att«'r  .sonic  <l«'lii\ 
liat  it  iia<l  iiwii 
1  t  I'll  to  si'iiil  a 
:liir(l  series,  vol. 


:]{],  Finally,  if  the  offon.se  be  fti'-ive,  bnt  not  .such  as  to  comproniise 
tilt*  i»"l'l'^'  safety,  the  cour.so  of  {>rocee<lin<?  in  a('(;oi(laii(!e  with  the  law 
of  nations,  and  sanctioned  by  diplomatic  nsajii',  is  to  deiiiand  the  recall 
of  the  minister,  and  meanwhile  to  refuse,  or  not,  all  further  iiitercour.se 
with  Iiiin,  according  to  the  circum.stances. 

Tlie  I'liited  States  have  i)ursiUMl  this  coiiise  in  .several  Instances,  of 
wliii'h  a  meiiK^rable  one,  and  exactly  iiertinent  to  the  present  ca.s<',  is 
tiio  (Iciiiand  on  France  for  the  recall  of  M.  (leiiet,  guilty  of  enlistments 
ill  tills  country  Mithoiit  the  consent  of  its  (lov<'rnment. — (.\ni.  JState 
l'a|iois.  For.  Af.,  vol.  1,  No.  <!r».) 

The  public  hiw  ami  usage  in  this  res|K'ct  are  wt'll  st.ued  by  a  modern 
Kiiglisli  author,  who  says: 

With   rospt'i't  to  the  dismissal  tif  iiiiiiistiTs,  it  is  usual,  \vlii'n>  the  itnittcr  adiiiifs  of 


iliiv,  lifst  to  jlt'iiiaiid   ills  ifcall 


liiit   tiilH  is  ji  iiuTf  .'let  ot'  ('(niitt'sv,  which 


;aiM()t  ))('   ex|i('ct('il  on   occasions  of  iininiiicnl  peril,     'i'lic  disiiiiss.il  ot"  an  cniliassador 
ill  siiL'li  occasions  is  not  an  assiimiition  of  Jurisdiction,  Itiit  ;i  measure  of  s<'lf-dcl'cn.»i 


which  no  one  has  ever  denied  to  h<'  leiral  iu  I  lie  ease  of  endiassad.i 


If 


•.M'.i]  an  "einliassadnr  use  force  he  ni.ay  he  reiteiled  liy  fore 


Whi-n  Mii'danjioi' 


is  imniineiit,  an  cniliass.-idor  may  he  seized  as  a  iioUlic  enemy,  nia.v  he  iinpris- 
uiicil,  may  lie  )yut  to  death,  if  it  he  indi.spensahly  lo.'ces^ary  lo  our  safety. — (Wihiiuan, 
hiKlitiilcs.  vol.  I,  )>.  1  II.) 

Oil  the  whole,  tlu^  case  of  the  T^»ritish  minister,  regarch'd  in  the  light 
of  ostablislied  rules  of  the  law  of  nations  and  diplomatic  usage  founded 
tliorooii,  would  .seem  to  resolv(^  itself  into,  first,  a  (piestion  of  strii^t 
rijrlit;  and,  secoiidly,  ol"  discretion  in  the  exercise  of  that  right. 

It  clearly  is  not  a  case  alfeetiiig  tlie  .security  of  the  slate,  and 
thus  needing  <U'  justifying  the  interposition  oi'  summary  aiitlioiity,  as 
ill  tile  instance  of  the  I'liiice.  of  ("cllaiiiai'e  in  I'laiiee,  (('h.  de  Martens, 
Cdw-ics  C('l«'hnK,  torn.  1,  )>.  I. JI),)  Count  <-yllenbeig  iu  (iieat  Ibitain, 
Foster's  Crown  J^aw,  i>.  187,)  and  many  other  ca.ses  ol"  histmieal  and 
ii';i;al  notoriety  or  interest.  No  a<'ts  of  violence  are  imputed  to  the 
liiitisli  minislcr,  nor  any  purpose  or  fuct  tliieateniiig  to  the.  national 
staliilily  of  the  rnileil  Stales.  Wiiat  is  charged  against  liini  is  eondnct 
iiiiliroper  iu  a  public  minister,  illegal  as  respects  the  municipal  law,  in- 
jmioiis  to  the  iialioiial  sovereignty,  if  stiflicicntly  shown,  it  re- 
-L'Ol  (piires  to  be  repres.-;cd  *iii  siieli  a  manner  as  cllcrtively  to  vindi- 
cate the  public  honor.  Of  strict  right  the  President  may,  as  the 
l,>ii('(ii  of  Spain  did  in  the  case  of  Sir  Henry  Ibilwer,  snid  his  jiass- 
pnits  to  tilt'  Ibitish  niiiiisler,  wiili  iiit inial ion  to  leave  the  <'oiintry  with- 
iMit  delay;  or  he  may  well,  in  his  discrctiini,  adopt  the  milder  course, 
;is  President  Washington  did  iu  the  case  of  M.  (leiict  ;  that  is,  after 
ilVdiiliiig  to  the  Ibitish  miiiisfci'  ojiportiinity  of  ex|»laiia!ion  through 
itii'  St'cretary  of  Stale,  I  hen,  if  his  explanation  be  not  satisfactory,  to 
•Ictiniinl  his  recall  of  the  <vMieeirs  go\  eiiiiiieiil ,  'I'lie  person;il  esteem 
wliicli  the  Ibitish  niiiiisicr  .justly  enjoys  liei«'  in  other  respects  nii;;ht 
I'oiiiisel  the  latter  <;ourse,  more  especially  if  the  Jbitish  goveinmeiit, 
;issiniiiiig  th(^  res|(onsibility  of  his- acts,  should  thereupon  |iroceed  to 
tciiiler,  in  its  ov,n  name,  complete  and  ample  satisfaction  lor  having 
aiitlioii/.ed  or  peiinitte«l  such  a  flagrant  wrong  as  the  systematic  at- 
t''iiipt  to  recruit  a  military  force  in  the  Cnited  States  by  the  iiistru- 
iiiciitality  of  the  lieutenant-governor  of  Nt»va  Scotia. 
1  liave  the  hoimr  t«»  be,  very  respectfully, 

The  I'khsidknt. 


C.  crSFlING. 


m 


532 


TRKATY    OF    WASHINGTON PAI'KKS    A(COMPANVIN(J 


fL'21  j    .*^f^\  Cvshiiifi  to  Mr.  McClelland,  Sevrctarif  of  the  Interior. 

ATTORNEY-C IKNEIIAI/S  ( )ri"i('i.;, 
Augnat  L'4,  1.S.m. 
Sir:  Your  lot  tors  of  the  LM  and  l."»tli  instant  refer  to  me  for  eoii-siii 
eration  certain  accounts  of  expense  incurred  in  watcliin^  the  steamers 
United  States  and  Ocean  Wave  in  the  port  of  New  York. 

It  aj)pears  tliat  these  services  were  performed  in  ex«»('ution  of  ohUms 
duly  and  lawfully  ffiven  by  the  Tresident,  through  the  customary  and 
j)roper  channel  of  the  State  Department,  to  prevent  the  dopartiuo  of 
the  steamers  in  (piestion,  they  havin<>"  been  chartered  by  Henry  L,  Kin 
ney  and  Joseph  W.  Fabens  for  an  allej;fed  military  expedition  aj;ainst 
the  republic  of  Nicara};ua,  undertaken  in  violation  of  au  acjt  of  Con 
gress. — ('5  Stat,  at  Largfe,  pp.  447-440.) 

It  is  undeniable,  therefore,  that,  assuming  the  service  charged  lor  to 
have  been  performed  b}-  these  parties  as  charged,  reasonable  coinpoii 
sation  therefor  is  due  then«  on  the  part  of  the  IJnited  States. 

Before  examination  of  the  accounts  is  entered  ujjon,  however,  it  is 
necessary  to  determine  to  what  department  jurisdiction  of  the  siihjot't 
belongs. 
I  think  you  have  rightly  conceived  that  the  accounts  are  not  of  mat- 
ters chargeable  by  their  nature  to  the  appropriations  for  Judicial 
[2:i2j    *exiH'nditures,  and,  therefore,  not  of  the  resort  of  the  honu'  dc 
part  men  t. 
Inasmuch  as  tin'  orders  for  the  s^'rvice  emanated  from  the  Deparl 
ment  of  State,  and  were  issued  for  the  inaintenaiute  of  the  neutrality  o!' 
the  United  States,  it  seems  ver}'  clear  to  nu'  that  the  a<'counts  arc 
chargeable  to  appropriate  funds  placed  by  law  at  the  disposal  (»f  tlif 
Secretary  of  State  for  objects  of  foreign  relation. 

I  have  theretbre  inclosed  the  papers,  with  a  co[>y  ol'  this 
the  Secretary  of  State. 

I  am,  very  respectfullv, 

('.  (n'SlllNC. 
Hon.  TiORERT  McClelland, 

Secretary  of  ihv  Interior. 


opinion,  t' 


[223]    *Mr.  Cnsltinf),  Attornet/General.  to  Mr.  MeKeon,  ilistricf  ntfoniey. 

Attornev-Geneual's  OFI'ICK, 

Septnnhrr  10,  18.m. 

Sir  :  1  have  the  honor  to  inclose  lu>rewitli  a  coi)y  of  a  dispatcli  liom 
the  Jlritish  minist«M'  to  the  Secretaiy  of  State,  and  ot  lettei's  aniiexiMl, 
alleging  that  troo[)s  have  been  •  f-ruited  in  New  York  by  the  Acee.ssi)i,\ 
Transit  Company  for  service  in  the  state  of  Nicaragua,  and  to  reqiu'si 
you  to  investigate  the  fax^t,  and  if,  oji  such  investigation,  it  sliall  ai' 
pear  that  any  such  recruitments  have  been  niade  in  violation  of  law, 
then  to  institute  criminal  proceedings  against  the  ]»arties  concerncMl. 
I  am,  yours,  &c.,  &c., 

C.  (^rSHlNd. 
Hon.  John  McKeon, 

Attorneji  United  IStaten,  Neiv  Yorl-. 


u  *■ 


(  olNTr-R    CASH    OF    THE    UNITED    STATES. 


633 


lis  opinion,  t<> 


(nsiuNr,. 


■trirf  iiffonicj/. 


Mi:  Cicihtiifi.  Atfonu'ii-Gcncnd,  io  Mr,   Vaib  Dyke,    United  States  at- 

tornt'fi,  I'ltilaih'Iphia. 

Attorney  (J kneij al's  Op^fice, 

September  12,  lH~)o, 

Sill:  In  r*'l*lv  to  .your  Icttor  of  the  lOtli  instant,  on  the  snbject  of  the 

iiiilic'tiiu'nt.s  iHMulini;'  a;4iiinst  persons  elnirjied  witii  reeiniting  for  the 

militiuy  service  of  Great  Britain,  I  have  the  honor  to  nnike  the  foliow- 

iiijj  observations : 

Mr.  .McKeon  has  been    advised  of  the  desiraWene.ss   of  conferring 

with  you  i)ersonally,  either  by  himself  or  his  assistant,  in  re};;ard 
L!l!4i    to  new  *evidence,  to  wliicii  he  may  liave  access,  and  wliich  cau 

be  useful  to  you. 
1  siin'^est  the  i)roprie(y  of  tryinj;-  only  <i  part  of  the  cases  now,  espeei- 
a'ily  it'  you  fail  to  convict  in  some  leading  case.     lUit  the  most  important 
(Diisideration  is  this: 

Tills  (lovernment  has,  of  course,  addressed  to  that  of  Great  Britain 
>iicli  tlcinands  of  public  redress  ami  satisfaction  in  the  premises  as  the  nu- 
tidiial  honor  requires.  JJut  the  government  of  Great  Britain,  with  ex- 
inionlinary  inattention  to  the  'rrave  aspect  of  its  acts,  namely,  the 
tlajjrant  violation  of  our  .sovereign  rights  involved  in  them,  has  supposed 
it  a  siillicient  Justilication  of  what  it  has  done  to  reply  that  it  gave  in- 
stmclions  to  its  agents  so  to  proceed  as  uot  to  infringe  our  municipal 
laws,  and  it  quotes  the  remarks  of  tludge  Kane  in  support  of  the  idea 
iliat  it  has  succeeded  in  this  purpose.  It  may  be  so.  Judge  Kane  is 
an  upright  and  intelligent  judge,  and  will  pronounce  the  law  as  it  is, 
without  fear  or  favor.  lUit  if  the  British  government  has,  by  ingenious 
foiitrivances,  succeeded  in  sheltering  its  agents  from  conviction  as 
iiialelactors,  it  has,  in  so  doing,  doubled  the  nuignitude  of  the  national 

wrong  inflicted  on  the  United  States. 
L'L'."»j       *Tlns  Government  has  done  its  duty  of  internal  administration 

in  inosecuting  the  individuals  engaged  in  these  acts.  If  they  are 
a('(|iiitted  by  reason  of  a  deliberate  undei  taking  of  the  British  govern- 
iiii'iit,  not  only  to  violate,  as  a  nation,  our  sovereign  rights  as  a  nation, 
imt  also  to  evade  our  inunicii)al  laws,  and  that  undertaking  shall  be 
'oiisiiiinnated  by  its  agents  in  the  United  States;  wiien  all  this  shall 
iiavc  hceu  Judicially  ascertained  the  President  will  then  have  before 
liiiii  the  elements  of  decision  as  to  what  international  action  it  becomes 
tilt'  I'liited  States  to  adopt  in  so  imi)ortant  a  matter. 

1  auj,  very  res[»e('tfullv, 

G.  GUSHING. 

.I\MF,S  G.  VAX  DVKE,   i:s(|.. 

I'niteil  Slates  Afloruii/,  J'lill'(>(ili>hia. 


^li.Ciishiiii/,  Attornei/demral,  to  Mr.   \aii   Ds/kr,  I  uited  States  attorney^ 

I'liiladelpltuc. 

.VTTOUNE V -G ENER al's  OFFICE, 

Septetntier  17,  1855. 

SiK:  I  desire  to  i;>ake  a,  further  suggestion  in  regard  to  the  trial  of 
iiartit's  chjTged  with  pM'ruiting  soldiers  in  the  United  States  for  the 
■*<'rvic(>  of  Jie  British  go 'ernment. 

It  is  kn  )wn  that  instru«**^ions  on  this  subj«>et  were  given  by  that  gov- 


mwv  ? 


534 


TRKATV    or    WASHINGTON' — PATKKS    AfCOMPANVING 


If--" 


ornmt'iit  to  itsolUcers  in  the  United  Statos.    We  are  told  by  Loi,) 

[L'lifl]    Clarendon  tliattlioseollicershad  "strinj^t'nt  instrnetions''  soto*|)r(). 

ceed  as  not  to  violate  the  mnnieipal  law,  that  is,  to  violate  its 

spirit,  bnt  not  its  letter.     If  so,  the  instrnctions  themselves  violate  the 

sovereign  ri<;lits  of  the  (Jnite<l  States. 

But  in  the  mean  time  every  consnl  of  (treat  Britain  in  the  United 
States  is,  by  the  avowal  of  his  jjoverninent,  subjoct  to  the  jnst  suspicion 
of  breaeh  of  law  ;  while,  apparently,  he  must  either  have  disobeyed  liis 
own  fjovernment  or,  in  obeyinjj  it,  have  abused  his  eonstdar  functions 
b^'  the  violation  of  liis  interinitioind  tluty  to  the  Unitetl  States. 

In  these  eireumstanees  it  is  deemed  hijihly  neeessary  that  the  Ibjtisli 
oonsnl  at  Philadelphia,  or  any  other  oflicer  ol"  the  British  government. 
shall  not  be  sutfered  to  interfere  in  the  trials,  as  he  attempted  to  do  on 
a  previous  occasion  ;  that  no  letter  of  his  be  read,  except  in  the  due 
form  of  eviilence  ;  and  that  if  he  have  anythin<;  to  say  he  shall  bo  pnt 
on  the  stand  by  tlu»  defense,  in  order  that  he  nniy  be  fully  erossexam- 
ined  by  the  prosecution. 

It  is  clear  that  he  has  no  riyht,  by  any  rule  of  i)ublic  law,  or  of  inter 
national  comity,  to  be  henrd  in  the  case  by  the  court  otherwise  than  as 
a  witness,  whether  enforced  or  volunteer. 

1  have  the  honor  to  be,  verv  respectfullv, 

c.  nrsMiNc. 

Jamf.s*  C.  Van  Dvke,  Esip. 

United  tSlatcn  Attorney,  Philachlphia. 


U  ^  ^^-'u 


if; 


[i,'27j       *L'nitJ':i)  States  OF  Amkhica  ^ 

vn. 

IlENRY     IIeUTZ    and     ElMANlAL    C.    PEKKINS, 

charged  with  hiriug  and  retaining  i^ersons  to  y 
go  beyond  the  Jurisdiction  of  the  United  States,  | 
Avith  the  intent  to  enlist  in  tli«  British  foreign  j 
legion  for  the  Crimea.  3 

District  court  of  the  L'niled  States,  oastei-ii  district  of  IVnnsv]\ani;i. 


'%k 


t- 


Septe.mijeii  LM,  IS.M. — r.cibie  the  Honorable  John  K.  Kane.  Tlic  dv 
fendants  \v«nv  arraigned  on  several  bills  of  indictment,  to  which  tlic;. 
severally  i>leaded  not  guilty. 

JI«'re  follow  the  names  of  the  Jurors. 

The  inilictments  were  similar  in  their  character,  and  related  t(»  tlw 
hiring  of  dillerent  persons. 

The  following  is  a  co[)y  of  one  of  the  indictments  : 

Tn  the  district  court  of  the  United  States  in  and  for  the  eastern  district 
of  I'ennsylvania,  of  May  sessions,  in  iheyear  of  our  JiOrd  one  thousand 
eight  hundred  and  lilty-live. 

Eastern  District  of  Pennsylvania,  .v.v  .- 

First  Cot'xXT. — The  grand  incpu'st  of  the  United  States  of  Anienni. 
in«|uiring  for  the  eastern   district  of  Pennsylvania,  upon  tluir 
[L'L'S]    oaths   and   altirmations    respectively,  *do   pr(\sent   that    llciuv 
Hertz,  late  of  the  district  ah)resaid,  yeoman,  and  Kmanuel  C.  Per- 
kins, late  of  the  distri(!t  aforesaid, yeoman, heretofore, to  wit, on  the  t wen- 


COUNTKR    CASE    Of    THE    I'NITED    STATES. 


535 


ursiiiN(;. 


ciiiisvlvaiiiii. 


ivliitcfl  to  tin 


tictli  (Iny  of  Kobniiiry,iii  the  year  of  our  Lord  one  tlionsaiul  eijilit  limulred 
iiiul  titty-live,  in  tiie  district  aforesnid,  and  witliin  the  Jurisdiction  of 
this  court,  witii  ihiw'  and  arms.  <li«l  hire  and  retain  one  Wiliiaui  liudd 
to  enlist  iiiniself  as  a  sohlier  in  the  service  of  a  foreij^n  jirincu',  state, 
■oloiiy,  district,  and  i)eoide,  contrary  to  tlie  torni  of  the  act  of  C'on;;res.s 
in  siu'ii  case  made  and  proviiU'd,  and  against  th(^  peace  and  dignity  of 
the  United  t^tates. 

Si:C(»Ni)  Count. — The  j;rand  incjuest  of  the  United  States  of  Ameri- 
cii.  iii(|uirin<f  for  tlie  eastern  district  of  Pennsylvania,  iii)oii  their  oaths 
and  iitiiriuations  respectively,  do  lurtlier  present  that  Ifenry  Hertz,  hite 
of  the  district  aforesaid,  yeoman,  and  Kmanuel  C.  Perkins,  late  of  the 
district  aforesai<l,  yeoman,  heretolore,  to  wit,  on  the  twentieth  day  of 
Kobniiiry.  in  the  year  of  our  Lord  one  thousanil  ei}>ht  hundred  ami  tifty- 
tivo,  at  the  district  aforesaid,  and  within  the  territiuy  and  jurisdiction 
of  the  L'nited  States,  and  of  this  honorable  court,  with  force  and  arms, 
(lid  hire  and  retain  William  liudd  to  enlist  and  enter  himself  as  a  sol- 
dier in  the  service  of  a  Ibreiyn   prince,  state,  colony,  district,  and  peo- 
ple, to  wit,  the  service  of  Her  Most  Gracious  Majesty  the  Queen 
L"2!»l    «>f  (treat  IJritain  and  Ireland,  *contrary  to  the  form  of  the  act  of 
(^onjiress  in  such  case  made  and  provided,  and  against  the  i>eace 
and  dignity  of  the  L'nited  States  of  America. 

TiiiiM)  Count. — The  grand  inquest  of  the  United  States  of  America, 
inquiring  for  the  eastern  district  of  Pennsylvania,  upon  their  oaths  and 
atlirniiitions  resi)ectively,  do  further  present  that  Henry  Hertz,  late  of 
rlic  distri<*t  aforesaid,  yeoman,  and  Emanuel  C.  Perkins,  late  of  the  dis- 
trict aforesii  id,  yeonian,  heretofore,  to  wit,  on  the  twentieth  day  of  Feb- 
iiiiuy,  in  the  year  of  our  Lord  (me  thousand  eight  hundred  and  llfty-live, 
atthcdistrict  aforesaid,  within  the  territory  an<l  Jurisdiction  of  the  United 
States,  and  within  the  Jurisdiction  of  this  court,  with  ferce  and  arms, 
did  hire  ami  retain  William  P>udd  to  go  beyond  tlie  limits  and  Jurisdic- 
tio'!  of  the  ITnited  Slates,  with  the  inteut  of  him,  the  said  William 
I!udd,  to  b(^  enlisted  and  entered  as  a  soldier  in  the  service  of  a  foreign 
pviiiee,  state,  cohmy,  district,  and  people,  (contrary  to  the  torm  of  the 
act  (»f  Congress  in  such  ciise  made  and  ])rovided,  and  against  the  peace 
;iiid  dignity  of  tin'  l-nitetl  States  of  America. 

Tot  IMII  Count. — The  grand  iinpiest  of  the  United  States  of  Ameri- 
•  11.  iM(|niring  for  the  east«Mii  district  of  Pennsylvania,  upon  their  oaths 
and  allirmations  respectively,  do  further  present  that  Henry  Hertz, 
-tlfl|  late  of  said  district,  yeoman,  ami  lOmanuel  *C.  Perkins,  late  of 
the  distri(rt  aforesaid,  yeounin,  heretofoie,  to  wit,  on  the  twen- 
tieth (lay  of  February,  in  the  year  of  our  Lord  uuv  thousand  eight  hun- 
dred ;iiid  lifty-tive,  at  tiie  district  aforesaid,  and  within  the  territory 
and  jinisdi<'ti(m  of  the  United  Stat<'s,  and  within  the  jurisdiction  of  this 
lioiiMral)!e  c(»urt,  with  forc(?  and  arms,  did  hire  and  retain  William  Iludd 
to  K<>  heyond  tiie  limits  and  jurisdiction  of  the  United  States,  with  the 
intent  of  him,  the  said  William  Piidd,  to  be  (>nlisted  and  enteietl  as  a 
soldier  in  the  service  of  a  foreign  ]>riiice,  state,  colony,  district,  and 
people,  to  wit,  the  service  of  Her  .Most  (Iracious  [Majesty  the  (i>ueen  of 
'ireat  IJritain  and  Ireland,  contrary  to  the  form  of  the  act  of  Congress 
ill  such  case  made  and  provided,  and  against  the  peace  and  dignity  of 
the  United  States  of  America. 

Fimr  Count. — The  grand  impiest  of  the  United  States  of  America, 
iii<iuiriiig  for  the  eastern  district  of  Pennsylvania,  upon  their  oaths  and 
anirniat ions  respectively,  do  further  ]>resent  that  Henry  Hertz,  late  of 
^iiid  district,  yeoman,  and  Emanuel  C.  Perkins,  late  of  tlie  district  albre- 
"*ai(l,  yeoman,  heretofore,  to  wit,  on  the  twentieth  day  of  I'Vbruary,  in  the 


53(1 


TKKATY    OF    \N  ASiilNGTOX J'AI'KIJS    A("(()MrANYIN<; 


7!  .1    •' 


hi  if 


year  of  (uir  Lord  one  tliousniul  oij-Iit  huiHlred  juul  lif'ty-l've,  nt  the  dis 
trict  iifoiosaid,  witliin  the  territory  aiul.jiirisdicttion  of  the  United  States 

a.nd  within  the  jnrisdiction  of  thi.sconrt,  with  f«)reeand  aims,  dji! 
[231J    hire  and  retain  *\Viniarn  lUuUl  to  ^o  beyond  the  limits  and  jinis 

<li(rtion  of  tile  United  States,  with  the  intent  ()f  him,  thesai(i  Wil- 
liam  Uiuhl,  to  be  enliste«l  and  entered  as  a  soMier  in  the  service  oi  w 
foreign  piinee,  state,  eidony,  distric^t,  and  peopU',  the  said  II.  nry  ihi(/ 
and  Emannel  C.  Periiins,  at  tlie  time  tln'y  so  iiired  and  retained  the  said 
William  iJndd  to  j;o  beyond  the  limits  and  Jurisdi(!tion  of  tlie  I  nircd 
States,  witii  the  intent  as  afon\sai<l,  not  bein;;'  asubjeet  orciti/cn  (d'iiii\ 
foreif^n  i)rinee,  state,  colony,  «listriet,  or  |)eoi)le,  transiv  ntly  within  tlii 
United  States,  and  said  hirinj;  and  retaininj;'  not  beinj»;  on  board  any 
veSvSel  of  war,  letter  of  manjue,  or  privateer,  whi(di  at  the  time  (d'  tin 
arrival  within  the  Unite<l  States  of  sn(di  vessel  of  war,  lettx'r  of  maninc. 
or  privateer,  was  fitted  and  etpiipped  as  such,  and  the  said  NN'illiam  llndd. 
so  hired  ami  retained,  not  beiiij;  a  snbj(!ct  or  eiti/.en  of  th<'  same  forcij^n 
prince,  state,  colony,  district,  and  peojd*',  transiently  within  the  United 
States,  enlistin*;'  and  entering;  himself  to  serve  such  foreij;n  primre,  state. 
colony,  district,  or  people,  on  board  such  vessel  of  war,  letter  <diiinr(|ne. 
or  privateer,  the  United  States  bein^- at  peac(^  with  snch  foreij^n  piiini'. 
state,  colony,  district,  ami  people,  contrary  to  the  form  of  the  act  oi 
(.N)n{jress  in  snch  case  made  and  provided,  and  aj^ainst  the  jx'aee  and 
dignity  of  the  U'nited  States  of  Am  rica. 

Sixth  Count. — The  grand   in<|nest  of  the   United   States  ei 
\2'A2\    America,  inquiring  for  the  eastern  dis*tri(;tof  I'ennsylvania.  upon 

their  oaths  and  allirmations  do  present  that  Ili'ury  llertz,  late  nt 
said  district,  yeoman,  and  Emannel  V.  Perkins,  late  of  the  district  afore 
sahl,  yeoman,  heretoftwe,  to  wit,  on  the  twentieth  day  of  February,  in 
the  year  of  our  Lord  one  thousand  eight  hundred  and  ti fly  live,  at  tin- 
district  aforesaiti,  and  within  the  territory  and  jurisdiction  of  tln^  United 
States,  and  within  the  jnrisdiction  of  this  honorable  (;onrt,  with  toiee 
and  arms,  did  hire  and  retain  William  IJudd  to  go  beyond  the  limits  and 
jnrisdiction  of  the  United  States,  with  intent  of  him,  the  said  William 
Bndd,  to  be  enlisted  and  entered  as  a  soldier  in  the  service  of  a  foreijin 
prince,  state,  colony,  district,  and  i>eoi)le,  to  wit,  in  the  service  of  llei 
Most  Gracious  .M,aj»'sty  the  (^ueeu  of  (Ireat  IJritaiu  and  Ireland,  the 
said  Henry  Hertz  and  Haianuel  ('.  Perkins,  at  the  time  they  so  hired  ami 
retained  tlie  said  William  IJudd  to  go  beyond  the  limits  and  jurisdietidii 
of  the  Unite<l  States,  with  the  intent  as  aforesai<l,not  being  a  subject  oi 
citizen  of  the  said  (^)ueen  of  (Iri'at  ilritain,  transiently  within  the  United 
States,  and  said  hiring  and  retaining  not  being  on  board  any  \essel  ol 
war,  letter  of  maniiu',  or  privateer,  whiidi  at  the  time  of  its  arrival 
Avithin  tlu^  United  States  was  lifted  and  equipped  as  snch,  and  the  said 
William  liudd,  so  hired  and  retained,  not  ludng  asubjeet  orcitizeii  of  lU'i 

31ost  (lraci(nis  Majesty  the  (^)ucen  of  (Ireat  JJritain  an«l  Irelaiul. 
[2.33]     transiently  within    the   *Unile«l   States,  enlisting  and  eiiteiin^ 

himself  to  serve  tlu'  .sai«l  (^ueen  (d'  (Ireat  Ilritain  on  board  such 
vessel  of  war,  letter  of  marque,  or  inivateer,  the  Unite<l  States  being  at 
peace  with  the  said  Her  Most  (liacious  ^lajesty  the  (|Jneeu  of  (iieat 
Britain  and  Ireland,  contrary  to  the  lorm  of  the  act  of  Congress  in  snch 
case  made  and  provided,  ami  against  the  peace  and  dignity  of  the  United 
States  of  America. 

JAMES  C.  VAN  DYKE, 
Attoi'ut }i  for  the  United  Slatvx  for  the  Eastern  Dixtriet  of  PennxylrtUMi. 


IN4; 


(•nr.NTKK    CASK    uT    Till'    rMTKH    STATHS. 


.').W 


,  :it  tlx'  tlis 
iiited  Slates. 
11(1  iiniis,  (lid 
its  and  imis 
lilt',  sithi  Wil. 
H«'l  vice  of  i! 
II,  iir.v  I  It'll/ 
iM'il  till'  sail! 
the    riiitcil 
itizcii  <»l'iiii\ 
■  within  till' 
II   luianl  any 
'  time  of  tin- 
r  of  iiiai(|ii<'. 
'illiaiii  Ihiilil. 
saiiii'  larcijiii 
II  the  I'liiti'd 
[M'iiico,  state. 
M'  (>r  iiiari|iit'. 
ii'('ij;ii  iiriiic;'. 
)f  tiie  act  (if 
H'  ixMi'i'  and 

eil    States  (It 
^iviinia.  upon 
lert/,  late  of 
listriet  aforc- 
Fe biliary,  in 
y-live,  at  tin- 
f  file  IJiiitcd 
with  toi'fc 
le  limits  and 
:ii<l  William 
of  a  loreijin 
vice  of  Ih'i 
Iielaiitl.  tlif 
so  hired  and 
jurisdiction 
;>a  siihjectoi 
ill  the  i'liited 
liy    vessel   of 
fits  arrival 
and  the  said 
itizeii  of  Her 
ami  Ireland, 
iml  <'iiterinj; 
1  hoard  siicli 
fates  heiiiii  at 
i'cu  of  (ireat 
_^ress  ill  sadi 
of  the  United 

)VKi:. 


,1  ('.  \■A^  DvKi',.  osq.,  attorney  for  the  irnit<Ml  States,  opened  the 
(iis<'  on  tiie  part  of  th(!  jn'oseeiition  in  siilistanee  as  f(dh>ws  : 

May  it  please  the  eonrt :  (lentleim'ii  of  the  jury,  it  is  a  fact  whicdi 
will  he  jinlieially  notieed  hy  this  eoiiit  and  jiiiy,  tliat  dnrin<;  tlie  year 
IS.')"),  as  for  some  time  previous,  the  (Jrinu'a  has  lieeii  the  sit«5  of  a  saii- 
liuiiiary  ami  melaiieholy  eonlliet  between  some  of  the  most  powerful  na- 
tions of  the  fi'lobe.  That  eonlliet  has  been  eondiiefed  principally  by  the 
I'.rifish,  I'^reiich,  and  'I'liiks  on  om^  side,  and  by  Ifiissiu  on  the  other, 
aiul  lias  become  part  of  the  political  and  le;4al  hisiory  of  nations.  It  is 
not  iiii]iortaiit  for  ns  to  impiin^  into  the  cause  of  this  eonlliet,  nor  is  it 
iit'ccssary  for  us  to  trace  the  various  military  or  jiolilical  maneuvers  by 
which  it  has  been  conducted,  much    less  to  «'ndeavor  to  ascertain  or 

spi'ciilate  as  to  the  probabh^  result  of  an  attack  on  the  part  of  the 
L'.'U]    allies  *pi()duciii<>'  those  misfortunes  to  the   Ibitish  government 

which  they  have  eiideavor«'d  to  retrieve  by  a  violation  of  law 
ill  tliis  country.  We  do  not  d('ein  it  in  any  de<;ree  important  to  tln^ 
American  people  that  the  combined  foi'ces  of  Southern  l-jirope  should 
lie  sticeessful  a.uainst  a  siii<;le  nation  ol"  the  North  in  maiiitainin}j  her 
iisserted  rifihts.  hi  this  free  and  republican  country,  the  lioim;  ordaine<l 
iiy  Providence  for  the  oppressed  of  all  nations,  we  liav<'  very  little  to  <lo 
with  the  strnjifiles  for  suiireinacy  and  power  by  l\w,  ditferent  crowned 
lii'iids  of  the  Uld  World.  The  various  schemes  which  have  been  adopted 
for  the  support  of  a  balance  of  power  by  the  pot<'iitates  of  lOiirope  never 
liiivo,  and  I  am  of  opinion  never  will  advance  those  republican  institu- 
tions which  it  is  our  pleasure  ami  duty  to  Ibster.  On  the  contrary,  those 
romhiiiations  which  fiavebeen  forme<l  in  support  of  such  balance,  liavii  at 
;dl  times  been  made  the  instruimuitof  retanlinj;'  in  lOurope  the  progressive 
democratic  spirit  of  the  Jige,  and  of  biiidiiif;-  the  masses  more  lirmly  be- 
iicatli  the  yoke  of  an  overj;rowii  and  decayiii;;"  aristocracy  ;  and  iiltli()iij>h 
ilio  jtopular  juilse  in  this  country  is  manifestly  a{»ainst  all  war  which 
iirifjiiiates  in  the  desire  to  ]»erpetiiate  or  extend  any  other  than  a  repub- 
iiciin  form  of  j;()vernment,  yet  a  proper  repinl  for  our  national  integrity 
forbids  us  to  tolerate,  on  the  jiart  of  those  residin<f  amonj;'  us,  any  iii- 
icnncddlinj;  in  the  disput<'s  of  other  nations,  where  those  disputes  do 
not  interfere  with  or  concern  the  lej^itiinate  objects  and  ncinifest  «lestiny 

of  our  own  wide-spreadiiiy  institutions.  Except  in  siudi  cases  our 
-"m|    jiolicy  is  jieace,  ami  we  should  en*deavor  to  keep  ours(dv<?s  free 

from  all  political  coiiiUMttions  which  mij^ht  in  any  way  involve  us 
ill  the  conflict  iiiiioiif;'  lOuropean  ])owers,  not  so  much  for  the  reason 
tliat  we  are  not  ever  ready  to  <leleud  our  lights  by  an  etlectual  resort  to 
irms,  hut  because  our  ini|>lied  and  treaty  oblijiafioiis  require  us  lirmly 
Hid  faithfully  to  maintain  an  iiii])artial   neutrality. 

I>y  prudeiiee  and  an  entire  ^^ood  taitli  in  obseivin;^'  the  position  of  an 
iidciK'iideiit  neutral  nation  we  increase  our  own  happiness  and  pros- 
I't'iity  at  home,  and  secaire  to  oursehcs  the  ri^ht  to  demand  a  proper 
i'i'!<!ic('t  abroad. 

A  neutral  nation  cannot  with  propriety  interfere  with  any  matter  of 
disjiiitc  between  forei<;n  belli.i;('rent  parlies,  nor  can  it  luriiish  aid  to 
I  ithcr  without  justly  iiicurrinj;'  the  danger  of  tlu^  displeasure  of  tin;  other, 
ilic  propriety  of  a  nation  not  directly  involved  in  an  existing*  war,  in 
i'iaiiitaiiiin<;'  this  jiosition  of  strict  impartiality,  is  manifest.  It  is  jiro- 
t'l'tioii  and  preservation  both  to  our  citizens  and  our  luoperty.  This 
!iiis  been  the  doctrine  of  all  neutral  powers,  and  althoujjh  for  centuries 
disrc^iarded  by  J-^uropean  f>-overiinients  in  violation  not  only  of  the 
^^('llscttled  laws  of  nations,  Imt  alsoof  hi<;lily  [lenal  statutes.it  has  ever 


»l "' 


Am 


^' 


'im 


538 


TRKATV    «)F    WAsniX(iTON I'AI'EK.s    A((OMrANVlN(} 


Immmi  lOfjanliMl  by  AtncriciUi  stiit»'sin«Mi  as  a  eanliiial  t'lcmciit  in  Aiiicri 
can  tliploniacy. 

The  iK'iM'lits  of  a  strict  observance  of  nontrality  are  to«>  j;rcat  and  too 
many  to  bo  cnnnicratcd  in  the  ti'ia4  of  the  issnc  which  I  am  alxxit  to 
|)icstMit  to  you.  SntHcc  it  to  remark  that,  so  y;reat  are  those  hciic 
l'J''ili\  fits,  that  from  thebe;;in*ninfjof  oiirllovernmiMit  we  have  coiisid 
i'l'cd  ittlie  «Uity  of  every  vesiih'nt  in  tiii-s<'onntry,  whetlier  niinistt  r 
phMiipotentiary,  «ronsul,  or  private  (Mtizen,  to  in(|nire  the  chanii'tcr 
ami  extent  of  our  laws  upon  tliis  sul>ieet,  ami  carefully  ti»  observe  tlicm. 

No  one  residing  here  has  a  riuht  to  violate  the  national  soverei;;iity  ol 
the  LTnited  States  by  setting  those  laws  at  deliance,  by  the  perpetriition 
of  acts  deroj^atory  toour  (!hariiet<*ras  an  independent,  ini|>artial,  nciitnil 
nation;  and  any  ne<;'le<;t  of  this  ibity  ren(h>rs  him  amenable  to  the  laws 
of  the  land.  As  an  example  of  the  early  feelin;;  of  our  (lovernineiii 
upon  this  subject,  Mr.  V.  read  the  proi!lamation  of  President  Wasliim; 
ton,  in  ITO.J,  in  relation  to  "  the  war  then  t'xistinj;  between  Anstri;i. 
Prussia,  Sardinia,  Great  JSritain,  and  the  Netherlantls,  on  the  one  jiart. 
and  France  on  the  other,  statin<?  that  the  duty  and  interest  of  the  irnitcd 
States  recpiire  that  they  should  with  sincerity  and  «;ood  faith  adopt  and 
pursue  a  conduct  friendly  ami  impartial  toward  the  bellijjerent  powers." 

I  liavf  thon>fi»ro  flioiii;1it  lit,  l)y  tlicso  incsi'iits.  to  dftlan-  tin-  disufisition  of  IIk-  I'liiteii 
States  to  ulisiTVi!  tluuHMidiUit  alorcsaid  toward  those  poweis  respeelively,  ami  tocNlimt 
ami  tt>  warn  tlie  citizens  of  tlio   I'liited  States  eafefiilly  to  avoid  all  nets  and  iinicicil 
in>;s  whatsoevei'  wliicli  may  tend  in  any  manner  to  eontraveiit;  Hneli  dis|i<isiti()ii. 
[•2;J7]       *  Ami    I  do  hereby  also  makts  known  that  whosoever  of  tlie  citizens  of  tin 
United  States  shall  render  himself  liahle  to  |nniishment  or  forfcilnie  by  tlielii\v> 
of  nations,  by  combatting,  aiding,  or  abetting  hostilities  against  any  of  the  said  |io\v- 
ers,  or  by  carrying  to  any  of  them  those  artii  '      which  are  deemed  contraband  by  the 
modern  usage  <tf  nations,  will  not  receive  the    .•i(»tecti«)n  of  the  I'nited  iStates  ajiaiiisi 
Knch  i»unishnient  or  forfeiture;  und,  further,  that  1  have  given  instructions  to  tlioM 
«»Jlicers  to  whom  it  Ixdongs  to  cause  itrosecutions  to  be  instituted  against  all  snili  piM 
sons  who  shall,  within  the  cognizanco  of  the  courts   of  tin;   I'nited  .States,  viohiti'  tln' 
laws  of  nations,  with  resjiect  to  the  jtowers  at  war,  or  any  of  them. 

The  Justice  of  the  principles  contained  and  i>roclaimed  in  this  messafjc. 
no  doubt  produced  in  17!>4  the  i)assa<fe  of  the  tirst  law  for  the  piotiM 
tion  of  our  neutrality.    That  act  is  the  same  in  its  principal  fcatiuvs  us 
tlie  Enjilish  statute  J>  (Jeo.  II,  eh.  30,  sec.  2,  and  L'1>,  ch.  17,  sec;.  '2. 

Mr.  Van  Dyke  then  referre«l  to  the  various  acts  of  Conj*ress  wliicli 
lia«l  at  ditterent  times  been  enacted  for  the  purpose  of  imi)osii)fi'  piiiiisli 
ment  ui)on  those  who  should  violate  the  national  sovereijiiity  of  tin 
United  States  by  interferiiio-  with  the  rij;hts  of  b«'llij;('rents. 

The  act  of  fFune  o,  J7!H,  ch.  r»l>,  punishes  any  citizens  of  the  T'liitiil 
State.s  for  acceptino"  and  exercisiiiji'  a  commission  to  .serv»>  in  any  w;ii. 

on  laml  or  at  sea,  in  the  service  of  any  foreij;ii  piiiuH'  oi  state. 
[23S|    and  i)rohibits  any  *person  within  the  territoiy  or  Jurisdiction  oi 

the  IJnited  States  enlistiti""  or  enterino' himself,  or  liiiiii;;"  or  iv 
tainins:  another  |)erson  t(*  enlist  or  enter  himself,  or  to  j;o  beyond  tlu' 
limits  of  the  ITnited  States,  with  the  intent  to  be  enlisted  or  enteicd  in 
the  service  of  any  foreio'ii  priiu'e  or  state  as  a  sohlij-r,  or  as  a  niariiu'i. 
or  .seaman  on  board  any  vessel  of  war,  letter  of  manpie,  or  privateer,  and 
forluds  the  tittinj;"  out  or  attemptino'  the  Uttin,ic  out  of  ships  ol'  war. 
within  any  of  the  waters  of  the  United  States,  or  procurinji'  the  same  to 
be  tlone.  This  act  also  forbids  any  per.son  within  the  territory  of  tlie 
United  States  increasing"  or  aujfmentiu';,  or  i>rocurin*j  the  increase  or 
augnuMitation,  or  knowingly  being  concerned  therein,  of  the  force  of  aii.v 
shipof  war,  cruiser  or  other  armed  ves.sel  of  any  foreign  i)rince  or  state. 
or  belonj?ing;to  the  subject  of  any  foreign  prince  or  state,  the  sanu>  l>eiii« 


(  (JINTKK    CASK    OF    TIIK    I MTKI*    STATES. 


').'{{) 


cut  ill  Aiiicri 


it  war  witli  iiiiy  other  fon'i;;ii  ]»i'iii('(*  or  stiit*'  with  wlioiii  tlic  Unitt'd 
Stiitrs  arc  iit  in'iicr. 

Si'clioii  r»  prohiliits  all  persons  within  tlic  territory  or  jnrisdielion   oC 
tlu>  IJnitiMl  States  to  lu-j^in  or  set  on  toot,  uv  provide  or  pi-epare  the 
iiit'iUis  tor  any  military  expedition  or  enterprise,  to  he  eariied  on   troni 
tiiciice  a}iaiiist  the  territory  or  dominions  of  any  forei;;n  prinee  «)r  state, 
witii  whom  the  ll'iutcd  States  aie  at  p«'aee. 

Section  (i  makes  tlie  (»tl'ens(>,  indietahh*  in  the  district  court  of  the 
L'liited  States. 

Section  7  authoii/cs  the  President  of  the  I'niteil  States  to  «Mn- 
j;;i)|    ploy  the  armed  forces  of  the  I'niled  States,  to  prevent  *the  com- 
mission of  the  otVi'nscs  dc<'liired  aj^'ainst  liy  the  neutrality  laws  of 
tlit>  railed  States. 

Section  H  authorizes  the  President  to  use  the  armed  tor<'es  of  the 
I'liited  States  to  compcd  the  departure  olany  aimed  slnp«)tany  toreij,ni 
priiice,  in  all  eases  in  which  l»y  tlu^  laws  of  nations  or  the  treaties  of  the 
L'liiteil  States  they  ou^'ht  not  to  remain  in  the  Tnited  States. 

This  a(!t  was  to  continue  in  force  foi-  two  years,  or  until  tin'  next  Con- 
;'i't'.s.s  thereafter.  Iti  17!»7  the  act  was  further  extended  for  the  period 
lit' two  years. 

Oil  the  24th  Ai)ril,  1S()(),  Conj^ress,  hy  an  enact  menr,  made  the  act  of 
17!tt  pcrpt'tital. 

The  m'xt  enactnu'Ut  was  ^rarch  .5.  1S17,  <h.  TiS,  by  which  new  pmiish- 
iiuMit  and  ponalties  were  imi)os«'d  for  a  violation  of  ihe  [novisions  of  the 
iict  of  1 7U4. 

Mr.  ^'.  said  he  referred  only  to  the  suhstance  of  these  acts  of  (^)n- 
miss,  without  (lelayinii:  the  court  to  read  from  the  hooks,  bet-ausc,  havinji 
been  repealed  by  tlie  law  iimler  which  the  present  bills  of  indictment 
:nv  fiiinied,  they  art'  important  f(U-  two  reasons  only  : 

1.  They  show,  in  a  most  conijlnsive  manner,  the  poIi(jy  of  our  (lovern- 
iiieiit  in  iiiaintaininjf  a  strict  neutrality  on  the  intcrivitiowil  albiirs  of 
i;iii(»i>ean  i)owers.  "Peace  with  all  nations,  «'iitan<;liii;4' alliances  with 
uiiiie"  has  ever  i>een  the  motto,  not  only  of  tlu^  (rovernment  imt  of  the 

]»eo]>lc  of  this  country. 
L'tOj  IJy  adopt  in  jn'  and  strictly  observing' this  just  and  fair  *piilicy, 
the  United  Stat<'s  has  in  times  of  intensi^  poliii(*al  excitement,  and 
lilooily  and  disastrous  warfare  in  other  countries,  cultivated  jieace  with 
ill!  nations,  and  secured  at  all  times  national  rei)ose  and  commercial 
I'lospcrity  at  home  and  respect  abroad.  l>y  fullilliu};  with  a  strict  im- 
liiU'tiality  our  neutral  responsibilities  toward  bclli.uercnt  j>owers,  we 
liavo  in  times  past  avoided  the  disasters  which  have  befallen  other  free 
^'overninents,  and,  by  continuin;^"  so  to  do  in  the  future,  we  wilh-ontinue 
al>ie  to  present  to  mankind  an  examph'  of  rc[)ublican  inte;4rity  worthy 
'•f  imitation  by  the  civilized  world. 

-.  Tiiey  ar(^  important,  because,  fiom  their  jx'culiar  similarity  with 
rile  iu.'t  of  ISIS,  under  which  these  defendaftts  now  on  trial  arc  iii- 
ilieted,  we  are  enabled  mori'  fully  to  (;oiuprehend  the  ineanin,i»:  of  tlu^ 
several  Judicial  «*onstructions  which  have  been  ;;iveu  to  them,  especially 
ill  ciises  of  ju'ize,  and  to  ascertain  the  liearinji"  of  such  construction  ui»on 
tlieact  of  ISIS. 

Ill  ISIS  the  CoiiftTCSs  of  the  United  States  felt  the  iini)ortance  of 
iviiioih'ling  the  law  u[)ou  the  subject  of  American  interfereiKM',  in  dis- 
I'utt's  between  foreign  nations,  and  in  act  passed  on  I'Otli  Ai)ril,  which 
lepeals  all  former  laws  upon  the  subject,  adopt<»d  a  most  wholesale 
liw,  which,  thouj;>ii  varying;  somewhat  from  former  eiiaetments,  is  the 
"fame  iu  all  essential  imints.     Mr.  Van  Dyke  referred   to  this  act  at 


540 


IK'KATV    «»l'     WASllINii'mN I'AI'KUS    A(  (OMI'.WYINO 


j-i:-  -^ 


leii<>tli.     riic  (1(  rriMliiiits  iii'(>  indicted  iiiiilcr  tlu*  |>r(>vi.sioii  of  t)i)>  xcmikI 
s»'cti<»li  of  tlii.s  ;icl.     'I'lit'  ;;r;ilid  Jill.v  liavf   found  Mt'\rl;il   itills  n\ 
[24i|    indictini'iit  ii;;;iinst  tlirni  *for  tlit^  various  violations  of  tliis  law. 
wiiicU  si'CMi  to  tlicin  snsr<'|»lilil«'  of  tin*  most  rasv  proof. 

If  will  be  «»I»sciv«m1  tliat  tlu*  fiiin"  nn-ntiont-d  in  tliis  siMMiini  (•i<ii.>!sk 
in  tini  doinf;'  of  varions  acts.  \un  will  he  inst inctt'd  l»y  tin-  court  tliai 
,Vou  must  lu>  satisfied  of  rcrt.iin  propositions  wliich  it  will  Itc  nivdiits  ti> 
subinif  to  ,vonr  considcralion. 

First.  It  will  Itc  necessaiN  lor  tlie  (loverniurni  to  satisfy  you  tliat  ih 
act  ('(unplaincd  of  was  c(nniuitt"d   within   llic  territory  of  tlie  I  nitcil 
States. 

Second.  That  the  del(>ndants,  or  either  of  theni,  enlisted  or  eiiiercd 
himself  respectively  in  the  ser\  ic«'  of  a  foiei;;ii  prince,  slate,  coliiii). 
district,  or  people,  as  a  soldier,  or  as  a  mariner  or  seaman  on  hoiinhiiM 
vessel  of  war,  letter  of  mar<|ue,  oi'  jn  ivatt-er. 

Third.  That   tlu^  defendants,  or  either  of  them,  liii'e«l    or   riiiiiici 
another  person  to  enlist  or  enter  himself  in  such  servi<'e. 

Fourth.  That  tlu^  »lelendants,  «»r  either  of  them,  hired  or  leiiim,, 
another  person  to  no  heyoiul  the  limits  or  jurisdiction  of  the  liiitcii 
States,  with  the  intent  to  l»e  enlist«*d  oi-  entered  in  such  service. 

Upon  the  llrst  point  1  remark  that,  if  from  the  evidiiice  you  are  siti 
lied  that  the  acts  complanied  of  were  not  committed  within  the  liinitsu! 
the  United  States,  and  also  within  theJimitsof  tlu'  jurisdiction  of  tlii- 
i'ourt,  whi«'h  is  houtuled  hy  those  counties  ttniuin;;'  the  eastern  districi 
of  Pennsylvania,  it  will  he  your  duty  to  ac(juit  botli  llie  df 
[L'H'I  *fendants  on  all  the  hills  now  laid  heloic  you.  Upon  this  poiii!, 
liowever,  ;;entlemen,  I  think  you  will  have  no  troui)le.  The  cvi 
denec  will  be  eonelusive  that  whati'ver  was  done  by  the  defendants  \v;i- 
done  within  the  eastern  distrii-t  of  Pennsylvania. 

Upon  the  second  point  you  are  relieved  from  any  inquiry,  there  ht'in.: 
no  eharf^e  in  the  iuilictment  that  the  defendants,  (u-  either  of  tliem.  cii 
list<'«l  himself  iu  any  foreijju  service. 

llavinj-'  found,  however,  th(3  tlrst  point  in  favor  of  the  (loscrniiR'iii, 
your  iuvesti<>atious  will  be  directed  to  the  third  and  fourth  p(tiiils  nl 
iiupury,  viz:  Did  tlu'  defendants,  or  either  of  them,  at  the  various  tiiiic- 
speeili»Ml  in  the  various  bills  under  eonsideration,  hire  or  retain  any  (i: 
all  of  the  persons  mentioned  to  be  enlisted  or  eiitereil  in  a  foreiyii  sci 
vi(!e,  or  did  they  hire  or  retain  any  or  all  of  the  i>ersons  mentioiuMl  in 
these  bills  to  <;'o  beyond  the  limits  of  the  Tnitetl  St;ites,  with  the  iiitciit 
to  be  eldisted  or  entered  in  such  forei;;u  service.'  If  either,  (U' both,  tlnii 
you  will  Ibid  them,or  eitlier  of  them,  <;uilty  on  such  counts  in  the  indiit 
ujent  as  are  ai)pllcable  to  the  facts  upon  whicli  you  base  yourconchisioiis. 

The  court,  1  am  of  opinion,  will  inform  you  that  the  intent  mentioiicil 

in  tlu^  act  rel'ers  to  the  intention  of  the  party  enlisted,  hired,  oi-  letaiiiod. 

Not  that  such  an  intent  must  be  an  absolute  d«'t»'rminatiou  to  ealist 

wlu^n  arrivinji'  b«'yoiid  fhe  limits  of  the  I'nited  States,  but  the  criim 

-charged  ajjainst  the  defendants  ix'inj;"  the  hiring'  of  some  other  pi'rstwi. 

which  other  ))erson  must  have  the   intent,  it  is  sutlicient  |L;n»iinil 

|li-13J    for  eouviction,  if,  *from  all  the  testim<»ny,  you  are  satislied  tlia" 

the  defendants,  at  the  time  thev  so  hired  or  retaiiusl  anv  otlioi 

])0,raon,  belie\'e<l  it  to  be  the  honnjide  intention  of  tlu^  person  so  luivd 

or  retained  to  enlist  or  enter  such  forei'jn  service  when  he  should  anivi 

beyond  the  limits  of  the  United  States.      Upon  this  point,  however. 

}>;entlenien,  you  will  have  no  ditliculty  upon  many  of  the  bills,  as  1  sliatl 

bo  able  to  prove  to  ycuir  entire  Si»tisfactiou,  lirst,  that  the  defeiuliuit 

Hertz  thoujifht  the  recruit  had  siieh  intention;  and,  s(»eondly,  tlnU  tiie 


(■(UNTKK    r\HK    OK    I  HI.    tNITKIi    STATKs. 


541 


I    oi    vci.iiiii'i' 


iit'i'iiit  <litl,  ill  t'iH'l,  »iivvr  to  (l('i»;iif  IVoiii  our  jiuisdictitm  \\'\{h  intriit  to 

i'iili«f. 

tlaviii;^'  tliiis  lii'i('tl,v  n>vit>w«Ml  tlic  iioliticiil  policy  of  our  (iovrniiniMit, 
,iiiil  tilt'  liiw  )i|i|)1i(Ml))('  to  tlic  pirsriit  |)rosi'ciitioii,  |M>riiiil  me  to  ciill 
vtmi  iitti'iitioii  to  tlu'  tiM'ts  MS  I  shall  In-  aide  to  jticsi'iit  tliciii  to  your 
M>rii)iis  coMsidiTiitiou.  So  lai'  us  a|»|>liculil*'  to  tlir  ])i'os(>ciitioii,  tlu'y  aro 
,.,isily  uudi'istooil. 

1  have  saiil  that  tlir  war  In  tin-  Crirnca  was  (-(uulurtrd  Ity  tlic  nritlsli, 
ririK'li,  iiiid  o|h(>r  iiati«)iis.  as  allies,  a;^'aiust  the  siu.^tlc  power  ot  Itu.ssia. 
1  have  said  that  tlu>  coiiseipieuces  of  that  war  iiad  iieeii  disastnuis  to 
;li(' l>esie;{iiijLi:  parties,  and  that  the  si;;iis  of  the  times  iiulicated  a  still 
laiuv  huiuiliatiii;;"  fate.     The  I-uylish  army  having:  met  the  most  seri( 


UlS 


iosst's,  the  ;;o\erniueiit  of  (Jreat  IJiitain,  in  dire<'t  violatiiui  of  lier  duty 

lowanl  tiH.  aud  with  a  design  of  luisleadiiijL:'  those  residents  of  the  United. 

.•>tar('s  who  did  not  fully  comprehend  tlw  nature  of  our  laws,  devised  a 

plan    for   the   purpo.s(>   of  partially   rejiainiu;;'  the    position   aud 

Lil]    standiu},'   whit-li,  in  the  alMciu-e  of  the  proper  •exercise  of  tlu' 

advaiu'ed  military  e\perien<'e  of  the  i\<x{;  they  had  lost. 

A  i»lan  for  this  puri»(».se  was  adopted,  ami  attempted  to  lie  carried 

out.  ii,v  his  excellency  dohn    ('.   Cramptou,    the    mini>ter   plenipoteii- 

'■  "'r  Majesty,  assisted  hy  se\«'ral  a;;t'nts  of  the  llritish   yoveiii- 

in  the  teiritory  and  Juri.^li<'tiou  of  the  Cnited  States;  and 


;i;uy  lit   He 

iiiciit.  withii.  , .,  , 

I  think  that  you  will  Ite  satisfied  that  Mr.  Cramptiui  thus  acted  with 
he  kiiowled^ic  and  appi'ohation  of  his  ^i'overninent. 

II  ■'  ■"    ■ 


^ ,., ^ 'I'll is  hi;;h  fiiintiou- 

u\ of  that  yoverument  maile  contracts  ami  a;;feemeuts  with  certain 
ifisitiis  known  in  tiiis  country  as  al>le  and  eflicii  nt  oHicers  in  the  various 
niatlicts  which  ha\('  recentl.\  taken  place  on  the  continent  of  Murope. 
flu*  |»artics  thus  <'ontiactcd  with  weic  to  commence  a  system  of  iccruit- 
iiu' iiicM  within  our  territorial  limits. 

There  will  l>e  examined  liefore  .nou  two  or  three  individuals  who  were 
'a;ia;;('d  in  carryiuy  out  this  plan,  and  who,  on  various  octtasions,  had 
iitt'vviews  with  .Mr.  Crampton.  and  with  him  adjustetland  perfected  the 
iirouraniuu'  lor  this  enlistment.  Mr.  Howe,  Sir  (laspai'tl  Le  .Marc.haut, 
iovcnior  of  2s'ova  Scotia;  Mr.  Wilkins.  his  secretary;  .Mr.  llarclay,  the 
I'litisli  consul  at  New  York,  and  other  Uritish  representatives  in  power, 
ilsi»  assisted  in  and  dir»'cted  this  tlainiaut  violation  of  our  law. 

ill  the  perfcctinji'  of  this  general  (lesijiii,  Mr.  Howe  came  to  I'hiladel- 
phia.  aud  endeavored  t<»  make  an  arran^^ement  with  Colonel  Uum- 


l)er 


w 


ell  known  here  for  *maiiy  years  as  one  of  the  jmblishers 


of  the  (ierman  Democrat,  aud  now  known  as  one  of  the  editors 
'•!  till'  (Ierman  Adopted  American,  published  in  IMiiladelphia  aud  Potts- 
illc.  Mr.  Howe  l)rou;;ht  to  this  ;i('ntleman  a  proclamation,  wlii(;h  will 
K'.siihinitted  to  you,  calling'  for  enlistments  within  the  llnited  States  to 
>tivi'  ill  the  foreign  legion,  then  formiii'.>'  at  Halifax.  Colonel  Kiimherj'' 
>vii.s  at  first  pleased  with  the  jjiopositioii,  and  felt  <lis|)ose(l  to  lend  his 
litl  ill  its  furtherance,  hut  afterward,  upon  liein.u'  informed  that  such 
''iilistiiieiits  were  a  violation  (»f  the  laws  of  the  Ciiit(^d  States,  aud  that 
ill'  iiiij;Iit  jjet  into  ditliculties,  he  aliandoiied  it. 

He.  however,  translated  the  pntclamation  for  Afr.  Howe,  and  havin,i>' 
'iK't  Mr.  Hertzaud  Mr.  Howe  together  at  .lones's  Hotel,  he  |)ul»lislu'd  the 
I'loclaiiiation  in  his  paper  for  31  r.  Hertz. 

Ananjiements  were  made  by  Mr.  Howe  and  Mr.  CramjJton  with  the 
''''t't'iidaiit  Hertz,  who,  for  them,  nmU'rtook  the  enlistment  of  men  at  his 
>tHw,  which  he  opened  for  that  i)urpo.se,  sit  <».S  South  Third  street.  Mr. 
'Iwtz  published  and  i)aid  for  the  proclamation  lor  these  recirnits  in 
*iUious  newspai>ers.    That  proclamation  was  si<^ned  by  Lewis  M.  Wil- 


mij 


ry\-J: 


■|  I.M'.AI  V    (IF    W  \sniX(-T<>X lAlMlUS    A(  (  *  iM  PAN  VI  .\( ; 


kills,  sccictuiA  ol'  the  proviiici  il  ;4'<>vormi)('iit  oi"  No\a  Scoiiii,  .iiid  cjilN 

ll|inii  iKTSoiis  t(»  tiilisf  ill  liir  (uicijjiii  it';ii<>ii. 
jL'4(»|        *\^'li!U'  tliis  iiiulH'r  was  ;^(>iii<;()ii,('<ipf:iiii  Stroltcl  \vas4'itli('rs('iit 

for  by  yir.  ( 'rainphni,  oi-  caiiu^  liimsclf  to  liiiiK  I  do  not  rcdllcii 
wliicli,  and  t'litcicd  iiiin  in'<i(tt  lalions  with  hiiii  tor  <  anyiiijL,' <>i<  tliisliuM. 
lU'ss,  Ml'.  ( 'iai!)j»ti»ii  ti*lit  Alt'.  Slidhfl  that  he  liad  wiiltcii  to  liis  Iiuidc 
;;"ov«'niMu'i^'  I'lMthr  itmposr  of  N'arnin.'i  what  anan^iciiM'iits  slioiilii  h,- 
tna(l(^  in  tliis  coniiti  V  lor  enlist  ini;  soidii-rs,  and  had  not  y<n  rcci'ivt'd  a 
r«|>ly:  hn!.  as  soon  as  he  i«-cfivcd  it,  he  wonhi  h'l  him  know,  A  sUm\ 
time  al'tcruaid  ii«>  wiotc  hini  a  note,  int'orniinu  him  thai  he  liad  nM-civcii 
tin*'  !('i)Iy.  and  was  jinpaicd  to  i-ntrr  into  ta"  or.'jH'r  avrani;(Min'ii!s  tor 
ranyin;;''  on  the  enlistment.  They  met  foj>'ether.  and  Mr.  Slrohel  (nc 
pared  lor  him  a  |dan  wldeli  lie  liad  de\  ised  lor  the  piirpose  of  rt'ci  aitiii'^ 
men  in  the  l'nit<'d  Slates,  and  taUinj;-  them  heytmd  onr  Innders  to  serve 
in  tlu'  "  Ivuioa."  The  plan,  with  sctme  alteiations,  was  adojited  l»y  Mi, 
( 'rair.pton,  and  .Mr.  Sli  olii-l  was  sent  throii.uh  the  lar^e  cities  (»!' tin- 
I'nited  States  to  estahlish  various  reernitin;;"  olliees.  I  yive  the  niust 
]>ronrnienl  facts,  merely  vnnniiii;' ovt'i- them  as  l>;iell\  as  possible,  .\ttci 
!.a\  iii^'  first  L'one  to  New  York,  he  came  to  I'hiladelphia.  and  met  .\li. 
Jb'il/.  who  was  tiien  eny:a;:(Ml  enlisliii;n  men  in  this  <'ify,  and  who  hixl  ;i 

number  alr.'ady   mi  listed.     Mr.  I  left/,  had,  up  to  the  i!  It  h  of  Maicli. 
|li47  i    (Hie  li  mid  red  men  w  hie!  i  Mr.  S|.roi»el  was  to  iaKi-  to  ilalifax  ;  and  *u!, 


tlu'l'oth  ol  .March  thev  sailed  in  tlu^  steamer  heiaware,  boiind  W 


tbat 


phiee 


These  mi'ii    w<Me  enlisted   at    Hertz's  olli/e.  No.   (iS  Soiii 


Third  st  ret  i,  whillier  t  he  advert  isc  me  ills  had  called  them.  Mr.  .Strniii-i 
.saw  them  '  here  enlisted,  and.  to  a  eeit.dn  cMent,  assi.sted  in  eiilis'iii;; 
tliein  ;  and  on  Siiinhv,  the  L!ilh  o!    March,  he  sailed  in  the  sieaiuer  l>i 


jvware  w  i 


lllOllt 


seveiitN   li\e  men,  iheresl    ha\  iiii;'  deserted    belwr 


(lie  t  iine  of  hirin;.:'  or  etiL;a;.;<'iii<iit,  and  t  lie  1  ime  of  sailiii;.;'.  Tin •^e  iin  i 
were  taken  to  I  l;difa\  by  rnjdain  Stiohel,  ami  I  here  examined  and  ;il 
tested:  \n'ie  phi- cd  in  ilie  b.iriaeks.  and  a  -Jioil  lime  afierssaid  ^-ailr' 
for  I'ort  ^molll  h.  fai.i^land.  <  >n  I  he  t'ollou  in;;'  Wedn'-sday,  .Mr.  ib'i: 
had  nia<ie  aii  airaiiuenK'Ht  to  send  anoiher  eomp;iii\  in  reeriiils  inn:, 
the  I'nited  Scales,  in  <'liar^e  of  a  person  named  William  iJudd,  a  vci' 
intelli;;*'!!!  and  :;ikmI  ollieei.  whom  he  ha<l  also  eiiiianed  to  ;iO  beyt"; 
the  limits  of  tne  Inited  St.ites,  with  the  intent  of  entering-  inio  tit, 
IJiitisli  service,      i'lie  olliecrs  of  the  (ailed  States  havini;"  learned   ili;' 


th 


IS  rerrnilin.u  w 


as  ptiiij;"  on.  de\  i-ed.  in  | 


iir.^aat'ce  of  <lireciion>  tii 


the  ad  mini  miration  at  NN'ashinj^i.in,  the  me. ins  for  stoppin;;-  it  ;  and  all> 


[I'lSj 


Mi.  Ibiddwith   his  i'oinpany   had  embarkeil  iVoin    Tine  si  reel,  oi 
bonid  the  steamer  Saiilcnd.  b(  ini'.   tnrnished  M»v  .Mr.  Ilerl/  "i!" 


ilee 


tickets    for  a   pa 


ssa"»' 


to  New  York,  where  the\  were  to  ui' 


lilH 


others  from  .Mr.   Howe  !o   take  them  the  rest  id'  the  jonrne,\,  and   1 
protres.sed  as  fai  as  ti;e  »■  i\  .\  yard,  the  I  ailed  Slabs  niarshal,  Imimm. 
it  wairaiil,  went  on  boar*!  and  anested  the  w  hole  company,  and  hioiiuli: 
tliein  to  IMiiladelphia,  w  here  the  parlH's  w  ho  had  assisted  them,  t  unci  In 
with  the  papeVs  in  Iheirodiee,  wete  taken  in  c'iar;.;e. 

That    Mr.  licit/  nas  eii^iajii'd  in  willtnlly  violatinji  the  law  is  pioMil 
b,\  .--everal  cireiimstanees  connected  with  the  ease.     I  !a  had  the  pnn'li 


Illation,  in  the  shape  (d'  a  handbill,  prinied  ami  pitsled  in   the  street 

riiiladelpiiia,  aiul  pai<l  fm- |Miblisliin<4'  the  proclamation  in  the  bed^'v 
and  l*enn,>«ylvjniian.  He  took  an  a<heitis<'ineiit  to  the  (leriiian  Heni'i 
erat,  which  called  for  reeruils  l\n  *lie  tbiei;.,'n  lej.'ion.  and  had  an  "Ih" 
opened  and  individnals  there  to  assist  Itiiii  in  taking  down  the  iihiih^ 
(d'  tho.se  wln»  ap|»lied.  and  exaiiiinini'  them  to  see  if  they  would  !••' i'' 
e«'ive<l.     He  there  told  them  that  tin  v  would  ;;e(  A  {it  bounty  and*''  ' 


Il>ANYlN<i 

I  Scotia,  <uhI  nilK 

he]  was  (>it  her  sent 
1  do  not  ii"(illc(  I 
I'yiniLr  on  ihislniM 

•itif'll  to  liis  iniiiir 
•IIM'lllS     sllollld    he 

not  ,v«'V  ri'fi'ivi'd  a 
III  know.  A  >liini 
liil  lie  liixl  rfcciMMi 
iivrimiioiiH'iiis  tui 
1  Mr,  Strolicl  |iif 
I'post'  of  I'fcniitiii;; 
ir  boiilcrs  to  serve 
IS  adoittt'd  l)y  Mi, 
ar;^*'  (it ics  of  tin- 
I  uivc  llu'  iim^r 
as  |(ossil>l('.  A  111', 
pliia.  and  iiici  Mi. 
it  \ ,  and  who  liad  ;i 
tiwL'ltli  ol'  Mairli. 
ollalilax;  and  *ii!. 
ifiawarc,  humid  I'm 

li,-('.   No.    <>S    Snlilli 

Im'Iii,     Mr.  Sliuiii- 
ssistrd  in  I'lilisMii, 
n  tli«'  sd'aiiuT  Dc 
dcsi'l'tfd   iM'twcc: 
liliii;^',     TlicM'  iiKi: 
cxamini'd   and  iii 
•   afterward  sailrr 
i"sdav,  Ml'.    il''ii 
V  t»i  rccfiiifs  11(11 
iaiii  I'.'idd,  a  vci 
M'd   lo  1:0   hi'.Vdii 
ciiti'iinu'  into  tii' 
\iiii^-  It'ariH'd   till' 
of  dircfi  ioif>  III': 
ipiii;.;'  it  ;  and  all' 

Mil     rilM-   Sllfl'l,  <■: 

»\   Mr.  Ill-It/  \^i; 
tiic.v  wvw   I"  -' 
iomiii'V,  ami   li.'" 
s  inarslial,  liavini; 
|)any,  and  brmmii: 
.icd'tlnin,  Ioi^vIIk; 

I  lie  law  is  piuMil 
r.'  had  th.'  prorli 
■d  in  Ih.'  .slivrlsiii 
noil  in  iIh'  \^'*h*'' 
ihr  (oMinan  I>>'MI" 

,ind  li;ul  an  "lli" 
;,  down  .h»'  intiiH- 

thi'V  woidd  1"'  '■'' 
;ii  honnlv  iiit'l  ■■'^  • 


COINTIMC    (ASi;    (»!'    TIIK    IMTKIi    STATKS. 


543 


iiKiiith,  and  also  stated  that  various  jhtsoiis*  wouM  rt'c'civf  c-oniniissions, 
lie  also  navt'  tiiti  :  Hcivcts  lor  tiicir  passa,!.;f  to  New  York,  stnnc  of  w  iiich 
lickcts  were  taken  from  those  arrested,  and  will  he  prodiieed.  hnrin^ 
du^  wiii'le  of  Ids  enlistment,  the,  defendant,  I  lert/,  w  as  actively  en^'a,i;«'d 

III  pri»cnriiijL; men  for  that  iinrjiose. 
•jl'ij         'Aiiesis  havin;;'  heeii  made  in  all   parts  (d"  the  rnite«l  States 

ol'  persons  enyayt'd  in  this  hnsiness,  tlie  representatives  of  Iler 
Miijcsty  in  this  country  heeaine  somewhat  aiarine<l  as  t<»  the  results. 
Mr.  <'rainpton  then  made  arrangements  with  Mr.  Stiohel  and  one  Dr. 
Iliii'ss.  who  tiiel  him  at  lialilax,  and  de\  ised  plans  as  to  the  manner  in 
wliii-li  i1h>  ret'initin;;'  was  thereafter  to  he  coiidiicted  in  the  I'nited 
Stiites,  ami  on  the  l."dh  Ma\.  or  thereahonts,  tin-  whole  iiromamme  of 
|ini<fedini,'s  was  (handed  hy  his  e\<elleney  the  itiilish  minister  and 
Sir  Ciaspard  Le  Marchant,  governor  ol  No\ii  S<'oiia.  'I'liey  then  <le 
vised  a  new  plan  of  \  iolatinu' the  national  sovcrei;^nty  of  the  I'nited 
Staics,  and  of  «'\  adin;^'  onr  laws  en  fencing;  iieiit  ralily — not  a  \ei'y  praise- 
\voitli\  occupation  within  the  liordeisof  a  friendly  •government  Idr  the 
i|ij;liilictl  repl'eseiilativ*' ol'  the  selfst,\led  miy'iess  id'  the  seas:  hut  it 
uiis  an  oeciipatioii.  which,  if  permitted  hy  0!.i  people,  miuht  havede- 
>lr(i\cd  the  most  amicaiile  and  friendly  relations  which  e\ist,  and 
nhicli.  I  trust.  mi\  e\er  continue,  h'etweeii  the  liiit  'd  States  and  the 
li'iissian  ;;overnmeiit.  M  r.  < 'lamptoii  and  his  a-sociate  representatives 
.il  (ircat  I'ti'itain  on  t  his  continent  ,ua\  e  directiims  to4':iptaiii  Strohel 
111  11  pair  immediatel\  to  all  the  recrnii  iiii:' ollices  in    tin-  (idled   Slates, 

ami  Older  1  he  per>oiis  eiij:a;5e<l  in  t  hose  ollices  to  adopt  the  syst«'m 
.'."ill     whiidith  -y  had  prepared  *foi'  the  i^nidanceol  the  reerintinyajrents; 

uiv  in  ^  t(»  these  agents  at  t  he  same  t  i  me  a  cant  ion  that,  slioidd  they 
lit' ini^uccesslnl  in  e\  adin;;  i  he  law  s  and  elndiii;^  I  he  ani  horit  ies  of  the 
liiilfd  Slates,  tim.s  could  liope  tor  no  pidtecl  ion  t'loin  tli"  Itritish  f^ov- 
iiiiiiu'iit;  that  is,  the  lliitish  ;;i»\ ernineiil  was  willin;;'  to  a.ciept  the  ail 
vaiitau'c  tif  the  siicce>sliil  crindiial  comlnet  of  all  their  minister  and 
his  n'crnitiiijn  ap'nts,  hut  refuse  to  (Udeiid  oe  assist  those  ay«'iits  it"  they 
^ll<)ulll  lie  so  nnfortnnale  as  to  he  delected.  Ilimorahle  a  nd  i^eneroiis 
dnat  Hiiiaiii!  -and  (>,  most  faithlnl  iiiitish  iiii:ii-.|eis! 

flic  nise  then  adi>pled  w  as  to  send  men  to  ( 'anada  and  I  lalifax,  nnder 
llii'  picicnse  of  en;;a;iiii;;  them  on   the  r.iilioatl,  and,  when  thei-e,  to  en- 


-1  iliriii  III  the  arm\< 


or  the    purpose  ol   <Miryin;^  out    this   ohjj'ct, 


ii'u'iilai  written  insirnetifnis  wcreuiveii  hy  Mr.  ('ranipton  to  Mr.  Sti(diel. 
dio.wiih  Dr.  IJness  an<l  oilier  ollicers,  started  in  company  with  Mr, 
''laiii|ilon  to  t1i>  I  iiilcd  Slates.  Some  of  these  ollicers  alterwaiil  hdt 
iiit-Mi  \  ice  of  I  Icr  Majesl  \ ,  and,  as  w  as  I  iieir  ilnty,  ha\  e  since  expressed 
iiiir  s\  illin^ness  to  disclose  all  theii  know  Irdyc  in  .>nppoi  t  of  the  prose- 
Mllmns  which  ha\e  heeii  ciminieiiced. 

The  a«'ti\e  eoiiiieciioii  and  co-opei  al  ion  of  nearly  all  the  I'.-pi'' 
-d ,    sentativ  es  td'  Iler    Majesty  *in  this  yt'iieial    doi^^ti  will    he  made 
clear  to  yon  hy  nnimpcaclied   lestiniony.     I  think  I  can   say  with 
iiiiliiiciice  that    his   e\celleiic\    .lolin    I!,    ( "ram|iton,  niiiii>ter  exiiaor 
'''iiiiiiy,  vVe.;    his    excellency    .Sic  (laspard    Le   .Manihaid.  governor  of 
Nova  Scotia:  his  excellency  Sir    l-!diiinnd  Head.  j;overnor  of  Canada: 
^ir  •Inslina    llowi-;    Lewis   M.    Wilkiiis,   provincial   secretary   of    No\a 
"^I'lilia.  and  at  least  oiu'  lliitish  coiisnl,  dire«'ted   this  eotuse  of  (-ondiiet. 
All  tliise  ;;cntlemen,  it  w  ill  he  ill  e\  ideiice  to  yon,  have,  w  ith  Mv.  I  lert/, 
'lit'dclcndant,  tak«'n  an  acdivc  part   in  dire«'tin;i'  the  commission  of  the 
'iiiiic  (  harjietl;  nixl  wlietluT  or  not  by  a  Ixdd  aflempt   to  disf^nise  tliejr 
■•'.il  (»l>|ect,  is  11  matter  of  very  litth'  importam-e. 
llic  oral  tes'iinoiiy  of  tin' vvitne.sses  will   in  some  ino.sl   material  and 


'     *» 


i 


i  '( 


**- 


■I 


% 


544 


TI.'KAIV    ol'    V.ASKIMJluN I'AI'KI.'s    AC;'()MI'ANYIN(i 


iinjMM'tiUit  facts  be  corn jboni tod  by  written  (locuiiuMits.  I  slnill  be  aide 
to  i)ro(hu!0  to  yoii  some  tivo  or  six  orij;iiial  letters  anil  notes  of  Mr, 
Crjuni)ton,  and  also  the  orijiinal  iiistruetions  to  the  ayents  as  to  tlic 
modi!  in  which  the  enlistments  were  to  be  conduct«Ml  in  the  riiiU'il 
States.  Yon  will  also  have  in  ovideiu'e  the  <uij;inal  i)ro(tlaniatioii  oi 
advj'rtisenient  in  the  handwriting  of  Sir  Josei)h  Ilowe,  iiivitin^i  pt'rs(ni> 

to  enlist  in  the  forei^^ii  l»'oi(,ii,  as  well  as  several  other  letters  ami 
iL'oL'l    papers  of  considerable  iinpoitanee  on  the  pouiis  in  issne.     *l  taki- 

it,  yentltMni'n,  brietly  to  ('(Micbule  what  I  have  to  say  to  yon  at  tlii.<. 
sta<re  of  the  proci'edinjis,  that  if  I  show  that  either  or  both  of  tlu-.M' 
defendants,  in  «'on'forniity  with  this  j;eneral  desifjn  of  the  IJritish  ;'ov 
eminent,  were  enjia^i'd  in  tlnis  cnlistin;^',  or  liirin;;',  or  retaining  any  pci 
son  to  be  eidisted,  I  have  made  ont  a  *'leai'  case.  I  am  free  to  adiiut 
that  the  evidence  a^iainst  one  of  the  <lefcndants  is  not  of  the  most  con 
<!lnsive  character,  he  not  beiiiii'  known  as  l»einy  positiv«'ly  enyai^i'd  in 
eidistinj;",  hirinjj;',  or  retaining'  any  particular  person,  althouj»h  he  was  in 
talkin.u"  ami  jiivinj,' directions  on  the  subject.  The  court  will  instruit 
you  how  far  a  person  must  ;;'o  in  older  to  coininil  this  crime,  and  wlii'ilu'i 
the  fact  of  Perkins  sendniin  a  man  to  llert/,  for  Hertz  to  enlist  liim. 
constituted  a  crinn'  on  the  part  of  IH-rknis. 

I  shall  prove  to  ,\(MI  distinctly.  1)y  nnim|)eaclial»le  evidence,  that  all 
the  persons  nu'ntioned  in  all  of  these  bills  have  been  enlisted  by  tin' 
defendant  Hertz,  in  the  tirst  place  in  the  service  of  H,  .•  .Most  (IracnHb 
-Majesty  the  (^)neen  of  (Ireat  Ibitain,  and.  if  not  enlisted  within  the  Jiuis 
diction  of  the  I'nited  States,  that  he  has  hired  and  retained  eacli  ami 
e\  cry  one  of  tlu'se  indi  vi<luals  and  many  ntore  to  i^o  beyond  that  Juiistli.' 

tl'IV 


tion.  to  wit,  to  Halifax,  in  Nova  Scotia,  for  the  pur|)oseol'  bein;:  tl 


JL'."».'I|  enlisted  ina  forei;in  *le.i;ion  <lestiiied  lb'-tlie(,'rimea  toen,ua;,'eiiitli< 
l>attles  of  the  allies.  It  1  prove  these  facts,  I  can  sately  ask  at  ytiiii 
hands  a  verdict  a;4ainst  hi  in  I'iU'oiie  of  the  ini>st  lla'^r.int  violations  ut' tin' 
national  sovereignty  of  (his  country  wiiiiih  has  ever  been  known  tolia\i' 
been  perpetrated  within  its  Ixuder; 


1' 


hst,  a  violation  ol  our  law;  si-i 


oiul,  a  violation  of  the  conlidcnce  repi>sed  in  a  lii;;h  ivpresentativc  tiim 
tionary;  atnl.  thiidly,  a  violati(»ii  of  the  sympathies  and  a  national  in 
suit  to  the  si'iitiiie'iits  and  the  fi'diuii's  of  our  pe.»i)le. 


iMA\  !•'.  ().  Srifoni;!- 


swtun 


After  the  witness  was  swcu'ii,  Mr.  Keni  ik  desired  the  district  atturiic* 
to  stale  distincily   what  he  intended  to  pro\e  by  him. 

Mr.  \'an  Dyke  said  he  had  one  ohjectioii  to  (loin;;  so,  but    he  tliitii,'li; 
it  would  ui'cupy  too  much  tiim>. 

dudjiti  Kane  said  that   he   preferred   that    the  witness  should  he  ci 
amined   in    the   first   instance,  without    bciiiu"  distinctly  apprise  I  el'  i 
tlie  facts  al».)Ut  which  hi'  was  to  testily. 

I'ixamination  by  Mr.  \'ax  Dvki::^ 
(Question.  Of  what  country  areyou  .' — Answer.  I  amfroai  l>  iv.irn. 


ii-   Hive  you  b:'iMi   in    nulit  li'y  seivic. 
Havarian  serviiM*.  in  the  artillerv 


A.   V 


<ir:  111  tli' 


Q.   Have  you   «>v«m'  l)een    in   war  f — V.   Vivs,  sir;    I    lia\e  Joinel   tin 
rcNoliitionists  in  IJavaria. 

().  Ill  IS  IS  .' — A.  Diirini;  the  revidutioii  in  the  yivir  ISl!). 

Q.  How  did  you  h.i|>i>en  to  leav*-  the  smvice  ' — A.   Well,  we  wctcd 
featetl,  and  oblij^ed  to  leave  IJ.iden  and  {jfo  into  Switzerland;  tlicii  1 
st  >;»,)  'il   tliiM'e,  a'l  I   trav.ded  throa^li    Franc;'  and  Kiii;land  until  fSVi. 
Ou  the  loth  ol  May,  l.S."iI,  1  embarked  at  Havre,  and  came  to  this  cdiim 


COUNTER   CASK    OF    TIIK    r.MiKK    .STATKS. 


540 


tiv,  iiii'l  iiri'ivi'd  here  in  June,  isr»l.     Oa  the  l*'»il  of  rliuic,  1S51,  f  cainc, 

to  tliis  <*<»niitry  ;    I  was  in   New  Voik  scvrral  wn-ks,  and  tlu'ii  went  to 

Wasliiii^i'ton,  and   tlicre  not  cniploynicnt   in   the  Coast   Snrvcy  Ollicc. 

I  wiis  tlK'i'c  nntil   lS,"i;{,  when  I  wtMit  out  with  tin*  rxpcdition  to  Orci^on 

iimU'r  (liivcrnor  Stevens.     1  went  np  witii  liini  to  Minnesota;  1    lelt  Iiis 

unity  out  on  the  phiins  on    K'ed   liiver,  and  came   Itaek  to  .Minnesota  on 

tiic  7th  of  Se|iteniber,  l.S."i.'>,  and  eanie  down  to  Saint  liunis.  and  started 

with  ('oh»nel  Fr^'inont  on  his  winter  expedition  to  S.in  I-'rancisco  almnt 

lliis  <;ieat  Paeilit;  liailroad.     I  hav*'  lu'en  assistant  topo^iiapiiieal  en^ii- 

iifiT  t»(  ('i>h>nel  l"'renioiit;     I  left  San  Francisco  on  the  1st  of  May,  l.S,">I. 

I  ei'ossed   the  isthmus,  and  eanu'   hai-k  witli  (»ni'    Indians,  atnl 

L'.Mj    liiouji'lit  tliein  up  to  Kansas  aj^ain.     I'roin  there  I  went   hack  •to 

W'asiiinnton   City,  where    1    finished   tlie  maps  tor  the  works  of 

CiIdiii'I  Fremont,  whicii  I  snppitsc  are  now  Itcloic  Conyress. 

[).  When  did  you  linish  the  maps  1 — A.  I  tlnished  them  in  the  end  of 
Aiimist,  iS.'it.  1  then  ten-ived  a  h-tter  »tf  reeom  indati(»n  Irom  Mr. 
lliiit'>ii  to  the  ilii-'erent  directors  of  railroads  to  secure  me  a  position  as 
(ii};im'er.  1  went  with  this  recommiMnlation  or  letter  of  introduction  to 
Mi>M)iui.  I  took  sick  there,  and  was  obliged  to  leave  the  \aliey  of  tln^ 
Mi>>is>ippi,  and  come  l>aek  to  \Vashin;;ton  < 'ity.  When  I  eann- back  t'' 
Wnsliiiiuton  I  was  en;;a;ied  in  the  I'acifu'  iJaiiroad  otlice.  at  that  tinu' 
i>tiiltlished  in  Washinnton.  and  was  at  work  theic  until  the  1st  of  l-'eli- 
liiary.  In  tlu'  en<l  of  .Fanuar^\  1  saw  Mi.  Cramptoii,  and  received  from 
Mr.  ('rani|t(»n  the  re|>ly. 

().  State  tlu'  whole  coiiveisation  which  took  place  between  >  on  and 
(  laiiiplou. — .\.  1  received  from  ("ram|>fon  the  reply  that  he  coiihl  not 
till  me  at  that  moment  what  eoidd  be  done.  1  said  to  Cramptou  that 
1  liflit'vt.d  in  tills  very  time,  as  it  was  in  the  winter  time. 

(^  ;.;i -'  winter  ;' — .V.  Ves,  sir;  that  m.tny  people  ui-re  our  ol' work  in 
Is'i  w  V(uk  and  other  places,  and  it  \\<Md<l  be  veiy  easy  t<i  raist^ 
.'■tf»]  men  Ibi- this  *•  lbrei;^n  le;iion  "  *lhat  the  ICn^lisli  Parliament  had 
aj,'reeil  to  establish.  Cramptou  told  nn*  that  he  l)elic\ed  so  him- 
mH.  hat  at  that  moau'iit  he  had  no  (uders  from  the  home  ;;overnment 
tiidt)  luiythiii";  in  tlu'  matter,  and  that  he  \void<l  let  me  know  as  soon  as 
111'  icceived  ;'uy  communication  Irom  Inuue.  A  few  days  alteiward.  I 
-ii|i|i(»se  on  the  I'Sih  I'ebruary,  I  received  a  letter  Irom  Mi .  Ciam[tt(Ui. 

«,».  Is  this  the  letter  '.—A.    Ves,  sir. 

<>•.  And  this  the  envelope  in  which  it  was  inclosed  .' — .V.    ^'es,  sir. 

Till'  letter  was  hert;  nad  in  evitU'iiet'  as  follows  : 

\\' \>iiiN<.i(i.\.  I'lhriKinj  I.  !.■■."(.'>. 

^Iit ;  Willi  icl'cicnci'  (n  mir  late  cun versa t ion,  I  am  imw  aldi-  to  ;;ive  vmi  niori'  inc- 


iiit'iiniiatiitii  ill  i<';;aiil  to  tlu- siiliji'(  t    to  wlinli  it  rclatiil. 
1  I'i'iaaiii,  sir.  \  oiii' iilii'iliciit  snvaiit, 

.JOHN  v.  (IJA.MPI'o.N. 
M'    .\t  \\  Si  cuiiii.. 

.\iler  receivin::'  this  letter,  I  went  to  sec  !Mr.  Cramptou  the  next  iiiorn- 

ii:; :  Mr.  ('raiii]>toii  told  ine  that  he  liad  received  letters  troni  home,  uimI 

'liat  lie  was  willinj;  now  to  raise   nn'ti   here   in   the  Juri.sdieti()n  ot   tln^ 

'  iiitt'd  States  for  a  llritish  foreign  le;;ioii,  which  should  be  established 

'  'lier  ill  Nova  Scotia  or  in  Canada. 

«\).  Did  he  ns«' the  words  "within  the  jurisdiction  of  the  I'liited 
-''•'     Stales?" — *A.   Ves,  witlnti  the  Jurisdiction  of  the  Cnited  States. 

<(>.  lie  used  those  pieei.se  words,  did  he.' — \.   Ves,  sir:  but  he 

'US  not  sure  at  that  lime  whetlier  tin*  main  depot  should  be  at  Halifax 

'"' ill  Canada,  and  he  was  obliji*  d  to  make  ariauizements  with  the  {.-on - 

'iiioificneral  ol  Canada.     At  tlu;  very  same  time  he  j;ave  me  a  letti'r  of 

35  A 


~^.  > 


.    '     ^^      ''' 


!'  *.»i 


.m 


54G 


TREATY    OF    WA.STflXGTOX PAPERS    ACCOMPANYINT, 


iiitroilnction  to  tlio  British  consul  in  New  York,  ^\i:  Barclay,  iji  wjijcii 
lie  states  that  I  am  already  ac(|iiainte(l  with  this  matter,  and  tiiat  Mr. 
JIarclay  mifjht  receive  me  aixl  talk  with  ihe  ahout  this  subject,  and  llmt 
I  should  make  preparations  in  New  York  for  <,'ettin^'  men.  \li>  fold  me 
at  the  v«'iy  same  time  he  woidd  seiul  a  uiessenyer  to  the  governor  ycii 
eral  ot  Canada.  1  went  to  New  York,  and  delivered  my  letter  t(»  .Mr. 
J>ar<'lay. 

ij.  \Vhat  was  this  nu's.sen,n'er  sent  for? — A.  To  arranj^c  matters  ahoiit 
a  depot  or  place  wher<'  we  could  send  tlu'Si^  men  whom  we  yot  licrc  in 
the  States.  I  was  waitini'-  in  New  Vork  for  tlu'ietuin  of  this  mt'sscii;^!! 
for  se\ ci'al  weeks.  Tlu^  messeniier  returned  and  was  sent  ajjain,  ami  iki 
un«lerstan<lin;i'  conld  he  made  between  Sir  I'Mmund  Ih'ad  and  Mi. 
('rami)ton.  Head  is  ••(tvernoi-j^eiu'ral  ot  Canada;  because  durini;  tli;it 
tim»'  the  governor  (»f  N()va  Sct)tia  had  received  orders  from  Kn;;lani|  to 
rommence  a  lU'w  depot  in  Halifax,  and  to  try  and  •>'et  men  in  the 
[L'.'iSj     United  *States  for  this  service. 

i).  Thearran;;('ment  was  not  made  by  the  messenjjer  sent  toCaii 
ada  to  Sir  Kdmiind  Head,  because  he  had  received  a  lettt-r  from  llicj^nv- 
eriiorof  Nova  Scotia,  statin.u"  that  hehad  received  onh-rs  trom  iMiylandtn 
make  Halifav  the  depot  ? — A.  Yes,  sir.  The  reason  lor  seiKliii;^  all  Ilic 
men  to  Ilalil'a.xwas  the  order  that  the  j^overncu'of  Nova  S(;otia  icccivcd 
trom  Knjiland.  During'  that  time  I  went  back  to  I'hiladeli  Ida.  It  was 
on  the  Huh  or  11th  of  March,  1.S.~m.  when  I  came  back  t<»  rhiladcl|iliiii. 
1  leal  ned  from  a  friend  of  mine,  a  c(>rtain  Di*.  I>iell,  who  is  now  i'e<;inicnt;il 
siirj;e(ni  in  this  fon'i<in  lejiioii,  that  Mr.  Ilert/.  had  received  letters,  one 
from  ICn^'land,  another  one  from  Mr.  Crampton.  thou.i>h  1  do  not  know 
positively — I  am  not  <'ertain  where  it  is  from — and  that  he  had  siiokcii 
to  this  Dr.  Itiell,  and  told  him  he  was  able  to  procure  him  <i  comniissioii 
in  this  Ibreijiii  lej'i<Mi. 

i).  In  consequence  of  what  Dr.  IJiell  told  you,  state  what  you  did.'— 
A.  1  went  to  Ilert/,,  and  had  a  conversation  with  Hertz  al)out  this  matter. 
i}.  Where  was  In* ! — A.  He  was  in  hisollice,  No.  (iS  South  TliinI 
[2."il)j  street,  *opposite  the  Kxchaii.ne.  1  saw  then  Mr.  Hertz,  and  Iniiii 
that  time  {!>  o'<*lock  a.  m.)  I  was  with  Mr.  Hertz  till  -"{•p.  m.,  wlun, 
in  i)ursMa  ce  of  the  atlvt-rtisements,  men  <'ame  and  wrot(^  their  ii.iiiu- 
dtiwii  on  a  book,  and  aj;reeil  to  ent«*r  the  Ibreijiu  leuiou  at  Halifax. 

Q.  Have  you  ever  seen  a   bill  like  this? — A.  I  have  seen  this  liaml 
bill. 

(,>.   Where  .'—A.  In  Hertz's  ollice. 

The  bill  was  here  read  in  e\  ideiice.     It  reads  iis  Ibllows : 


Mi:\  \VANTi:i)  loU  I!1;K  MA.tf.STV'S  SKKVIt  K. 

(Ann-  1)1  Oii'iii    Hiiiuu  %vilh  iiiiMiui  s.) 

Pi:«)vix<  lAi,  Si:(  itr.i  Aiiv's  Oi  iici;, 

HitliJ'a.r,  Sora  Siolin.  Marili  l.'i,  1^".' 

Till-  lii'iili'iiiiiil -;^(ivrriiipr  of  \ii\;i  Srotiii  lia\  iiiji  Ihmmi  i  iiii»|i>yi'(l  f<i  ciiilnxly  ;i  t'oii  i; 
l«';;iiMi.  ami  III  iMisc  Hiilisli  rt'y;iiin-n|s  for  service  in  tli<- |)i'iiviiM-<>s  or  ainoail,  iiotiir  - 
licicliv  ;;iv('n  Hint  all  iiMe-lnMlii'd  nifii,  iM'tw-.H-ii  tin-  aiits  of  nineteen  «iml  fort.v,  on  :il'- 
l»l\iny:al  f  lie  (Itpot  at  Halifax,  will  r.'ifi\  r  »  hoiititv  of  C<»  >t«i!iii<i,  <'<j»al  to  i' 1".  iiml 
(Ml  ixiii;;  cniolU'd  will  receive?!"'  \tvv  in>naii,  witli  *^lie  eKx'.un^,  ipuutrns  aiitl  titln' 
uilvaiita^cs  fo  .vliicli  iJrilixli  soldiers  art!  r!«titli>(l.  Prcfv-n-iico  \\  iJl  K  j;ivca  In  W- 
who  Iiave  alread.v  seen  si'rviee. 

The  period  o*'  eiilistrneiii  w  ilf  In-  from  tlinus  to  iivo  yiun^  >*X  'V  option  i  i"  i' 
[•2nU]  Urilish  *;^ov<'inmeiit. 

(Mticeis   who   have  served  wdl    he  eli^^ilde    lor  ('»i«Hn>i!SHi>ms.     Gentlciiicn  wli" 
wish  ttxoiiie  into  thciiroviiiee,  will  idt-ttse  lodge  tiieir  innwwn,*,  i'«*ik,  dutool'si'rvici',  A' 
at  thu  uftico. 


COUNTER    CASK    OF   THE    UMTED    STATES. 


547 


TVrsons  \vlii>  serve  in  tlie  fon-ijju  Ic^imi  will,  on  flin  ex  pi  rat  ion  of  tlicir  term,  1)o  «mi- 
litli'd  t<»  II  IVi'f  iiftssjij'c  to  Anicricii  or  to  the  conntry  oC  tlieir  l>ii'tli. 
I'l'iisioiis  or  ;.Miitnities  tor  ilistiii^rnislietl  serviees  in  tlie  tielil  will  he  piven. 
N'dvii  Seoiiiin  iind  other  shiiiniMsttis  who  may  hrin;;  into  this  provincf    poor  men 
wiliiiit;  to  serve  Ilei  Majesty  ^vill  he  entitled  to  receive    the  cost  ot   a  passaj^e  lor  eilcli 
mull  .siiippeil  from  I'liilailelpliia,  New  York,  or  IJoston, 
Kv  eoiiimanil : 

LEWIS  M.  W  ILK  ENS. 

I'roriuvdd  SiviTlary. 

Q.  (  Viiollicr  bill  h«'H'  sliowii  the  witiK'ss.)     l]a\"o  you  evof  seen  this 
hillf_A.  I  have,  in  Detroit. 
Till'  Will  was  hure  road  in  i'videuco.     It  read  as  follows: 


NOTICE. 

[•Jill]  A  I'lirei;;!!  leyion  is  now  hein^i  raised  in  Ilali^fax.  Nova  Scotia.  I'eisons  wish- 
ing; to  join  the  leM;;«(ii  will  receive  a  honnty  of  ,<J(i  sterlin<;,  or  !<'M\  from  whieli  a 
ndiiciion  of  s'>  for  Iravelin;,'  expenses  to  Nova  SiMitia  will  he  made.  Mcsides  j;ood 
iiiiidiis  and  (|nar(ers,  men  will  receive  SH  a  nionlh  as  jiay.  The  period  of  enlistment  is 
ill  in- or  li\c  yeai's,  at  the  option  of  the  applicanr. 

l'(ir  extraordinary  service  in  the  lidd.  or  wonnds,  hy.inties  and  ]iensions  for  life  will 
111' ^naiitcd.  I'esides  whi(di  there  is  now  a  i.ioje<'t  in  vii'W,  and  which  will  nndonhtedly 
111' i;n  lied  out,  til  j;ivetoeaeh  soldier, at  the  expiration  of  his  term  of  s-rvice.  lifty  acres, 
:iiiil  to  each  iion-eomniissioned  ol'licer  one  hundred  acrc't  of  land  in  Canada. 

.\ll  who  are  imdiiied  to  enter  the  service  under  the  fMre;foin;;'  very  favmahle  eondi- 
limis,  are  hcrchy  invited  to  ajiply  at  Niaj;ara  City,  Hiilter  harracks,  or  at  the  Windsor 
(';istlc,  Windsor*,  C.  W. 

(^>.  (.Vnotlu'r  1)111  shown  wi^'i<\«s.)  Did  yon  over  .see  this  bill? — A. 
Vcs,  .sir.     1  had  that  printed  in  Detroit. 

-Mr.  Van  Dvke.  It  is  a  (ierinan  bill. 

^Ir.  IvEMAK.  The  jittper  was  ]>rinted  to  the  order  of  the  witness. 

!l'I!l']       .Iiidjic  Kani:.  Tin'  paper  now  jiresented  is  a  pari  of  the  j^'eiu'ral 

tian.saetion,  which  does  not  directly  a ffeet  the  person  on  trial.     It 

is  like  the  letl«'r  of  -Mr.  Ciatiipton,  wiiich  was  read  a  shot  t  time  ii<;(),  and 

is  ii  portion  of  the  ji'eneral  narrative. 

<i.  (IJy  -Mr.  \'an  Dvki:.)  Is  that  a  true  translation  atta<'hed  to  the 
(leniiati  hainl-bill  ? — A.   Ves,  sir. 

Tile  tran.slation  was  here  read  in  evidence.     It  read  as  lollows: 


'    i 


>•  '•...■ 


«:   f 


,aateof  si'vvu'f, 


NOTICE. 

ill  Halifax.  Novji  Scotia,  a  foreisjn  leiiion  will  he  forim'd.  I'^very  one  who  will  entor 
iiilii  this  leu  ion.  which  is  for  the  most  part  composed  of  (o'lniaiis,  and  ha^  (ierman  oHi- 
||'|^*.  i^  cut  iilcd  to  a  lionnty  of  Cii  steiiin;r,  oi  •■<■■.!(),  from  which,  however,  s.'i  for  ti'avel- 
iii^c'X]ii'nses  to  Nova  i^cotia  w  ill  lie  taken  otf.  .Mincover,  every  mail  will  receive  full 
;i!iiiyoin|  niaint<'nance,  hesidt's.>"  a  month  jiay. 

Till'  lime  ol'  service  is  according  to  pleasure,  three  or  live  years. 

r<>rcxtiaoidiiiary  services  in  tjie  licld,  or  wdiinds,  honntiesor  pensicms  for  the  whole 
lilctiiiic  will  lie  jiiveii.     It  is  also  truly  in  prosp  ct,  that  every  soldier,  on  the  riinnin;i 
(Mit  ol' his  lime  of  service,  will  ulitain    Ii  fly  acres  and  every  non-commissioned 
L'^ii^lJ  (ifticer  one  hundred  acres  of  laml  in  ( 'aiiada,  "as  his  own  iiroperty. 

Every  one  who  is  disposed  to  fall  in  with  these  conditions,  is  heichy  notitieil 
tmi'imir  to  the  Niagara  haiiack.not  far  from  (/iicenstow  ii,  (  amula  West,  at  the  depot 
'liniM'stalilished. 

<i>.  Vmi  .say  yon  went  to  Mr.  Hertz,  ami  yon  saw  the  recruits  sijjn  the 
''■•■>i<  there;  look  at  that  book  and  .say  if  that  is  it. — A.  Tiiat  i.s  the 
1h»o1{. 

Q.  Where  did  yon  see  that  book? — A.  At  Mr.  Hertz's  ofiic*'. 

Q.  Did  you  see  any  of  the  parties  si<'iiin{j;  it? — A.  Yes,  sir,  (looking 
Id  tile  liiMik.)     There  is  tln^  handwritiii};'  of  some  pieii. 

<^  \\  ill  you  r«M<l  ine  the  names  of  the  men  you  saw  sign  t — A.  The 
iwiuf'sof  the  ofllcers  were  cut  out. 


tfy^ 


■ili 


i48 


TKKATY    OF    WASHINGTON — PATKUS    ACCOMPANYIXG 


'■'*' 


UiK 


<}.  D(»   von   i('('oll«M't  tlio   7iaiiu'  of  J(>.s('|»li  Turiicll  ? — A.  Y«'.s,  sir;  { 
iTcolli'ct  tilt'  iiiimcs  of  iill  tlu'  iiit'ii  ill  my  coiiipaiiy. 

Q.  (Jo  on  and  state  wliiit  yon  <Ii«l  after   tin*  iih'Ii  (Milistcd. — A.  After 
Ave  liail  more  tliaii  one  linndrcd  iiicn,  \v(>  <;'a\c  tliciii  <-ai-ds,  aint  told  iIhmii 
we  would  l)e  ready  to  start  on  Sunday,  tlie  -."ith  of  .March,  1S,m,  oh  tlic 
steamer  Delaware,  in  the  moniinjf,  for  New  YoiU. 

*'.}.  What  did  yon  tell  or  Hertz  tell  these  men  ?    If  yon  told  tliciii 


['2m  \ 


anytiiin;;",  what  was  the  nndeistandin,t;  ? — A.  The  nnderstaiHlinj;- 


>r:-j 


fl'O 


was  that  those  men  w  ho  si<;iied  tiiis  hook 

Jnd;;('  K.VNH.  Was  the  nii(h'rstandin;f  annonneed  in  the  presence'  of 
Mr.  Hertz? 

WiTNKSS.  Yes,  sir,  in  the  i)resence  of  ^Ir.  Hertz.  The  men  wcro 
t(dd  that  there  was  a  Ibrei^n  lej^ion  now  estahlislied  in  Halifax,  and 
that  Mr.  Hertz  wtuild  semi  them  to  Halifax  to  the  forei;;ii  legion  to  en- 
list in  it.  livery  man  that  is  well,  and  altle-hodied,  and  williii!;- to  enlist 
in  this  foreign  legion,  shall  have  a  free  passaj^e  and  8-">l>  hoiiiity,  ami 
.*S  a  month  pay,  and  the  men  who  a;>reed  to  be  attached  to  this  ioicij;ii 
lej-ioli  si;^iied  this  very  Imok. 

i}.  Who  said  that  they  slioiiM  si<j:n  tl  at  book? — A.  ^Ir.  Hertz;  and 
they  signed  this  book,  with  the  nnderstandinj;'  to  j:'o  to  llalilax  and  on 
list  in  the  lorei^n  lejuicni,  and  it  was  also  told  to  those  men  that  an  of- 
lii-er  should  ;;•<>  in  their  company,  and  1  was  called  captain  of  those  men 
before  1  started,  and  was  introduced  to  them  bei'ore  we  started  as  tlieii 
captain.  1  was  to  take  that  c(»iiipaiiy.  1  recollect  J'alattre  and  I'aniell 
very  well. 

M  r.  \'aii  Dyke  lieie  asked  the  witness  whether  *lie  recollected  tlic 
iii'iiies  of  the  varions  persons  wliocompose«l  his  company,  when  lie 
leplied  that  he  reiiiembered  the  followiiiji',  besides  some  sixty  more,  wliosi.' 
names  lie  did  not  recollect :  I'\  I*.  (Sarrier,  .Iacol>  Branniii«4-,  Frederick 
l-'iiss,  Hiijih  Killeii,  Frederick  Ferdinand  iSostandi;;',  ICmannel  llriiliiiiit. 
JCdward  Kidliin,  Carl  MnhleiiliansiMi,  ,Tohn  Schaetfold,  I'etrns  I'aiils. 
,Iohn  KMclomns,  dacob  lllecher,  Foley  Wcnrell,  Undolph  Charles  Hiitli, 
Peter  i;M|itit,  Ivdward  Dobeller,  Jacob  Koth,  Pierce  Pelattre, -losepii 
Piirnell,(instave  Protho,  (Inntiier  Ijeopold  Xeisbanin,  Wilhelin  lleiiiricli. 
Karl  Allciiber;:;,  Karl  llartlndd,  .Itdianii  Ilanmeiscer,  l'\  lJIri(di. 

Q.   Were  all  thes  •  persons  in  yoiir  company  ? — A.  Ves,  sir. 

I).  How  many  more  ''ent  with  yon? — A.  Well,  I  started  fro!ii  licic 
with  aixaii  si'veiily-liv  ■  or  M'v<'iity  six  men  and  twi)  o^ieer^,  liicnteiia  lit 
I'^sseii  and  liieiitenaiii  Siiiwnan,  on  this  sfcimi'r  Delaware,  to  New  York. 

i).  When  diti  yon  leav**  lu'ic  ? — A.  On  Sunday,  the  L'.'nh  of  March. 
early  in  the   moiiiiiiL;'.  and  ariixed  in    .New  York  on   .Monday  iiioiiiiii,:: 

about  ."•  o'clock. 
[IMKI]  (}.  \N('1I,  sir,  when  yon  j^ot  in  New  York,  whaldidyoiido  ? — *.\. 
I  came  to  New  York  in  ilie  nn»riiiny  at  ."»  o'clock,  and  lell  my  niiii 
on  b«)aid  the  boat,  as  I  was  not  tiirnished  with  means  enoii;;li.  as  1  iiail 
rei-^'U^d  only  some  money  from  Hertz;  i  had  received  tickets  and  ■'i'-i 
to  "o  on  i.»  Niw   York,  and  1  was  there  to  rcreive  more  money. 

{}.  Was  that  iiione.N  jii\cn  yon  for  the  purpose  of  takin;^'  this  c()iii|);iii.v 
4)11  .' — A.  ('eitainl.N  ;  and  1  was  to  reteive  liirther  means  in  New  York  h' 
take  tiie  men  on  to  Halifax. 

I).  When  yon  ;j;ol  lo  New  Y^nk.  what  did  yon  do? — .V.  I  went  \o'<>< 
Mr.  Ilarclay.  the  IJiitish  consnl  at  New  York,  and  when  I  k'*<  tlicie  M' 
Barclay  .si'nt  liie  to  Delmonieo's  (o  m«h>  .Mr.  Howe.  The  lltiii.  .lose|ili 
Howe  was  at  that  time  aj>ent  fr«nn  the  Ibitish  ^oveinnn'iit  in  lln^n 
ciniliiij;  business  in  the  States.  Ih-  was  liviii>;  at  Delimuiico's.  I  s;iu 
Mr.  Jbnknell,  nut  Howe.     He  told  nie  I  should  be  furnished  with  im'iHi^ 


COUNTER    CASK    OF    THK    UMTKl)    STATKS. 


041) 


('  pit'Sl'liCC   of 


nsoarly  :is  possible,  lu'forc  1()  o'clock.  1  liiid  t(Mlivi(lc  tlic  Jiu'ii  in  difVcr- 
(Mir  taverns,  and  keep  them  together  tlieie  !■><•  three  <Iii vs.  At  liist  I  was 
tiiiiiislicfl  with  tickets  an<l  means  to  start  with  these  nu'ii  lor  Iloston, 
where  an  ICnji'lish  brij;',  theAmeri<'a,  was  waitin;^  there  toreeeive  iis  ami 
tiilvc  as  on  hoard  to  take  ns  to  Ilalil'ax.     Mr.  Ilert/,  in  the  presence  of 

Mr.  IJncknell  ami  Mr.  Tnrnhnll,  told  me  this. 
[L'OT]  *(}.  I  low  did  Mr.  Ilert/ yet  to  New  York,  if  yon  left  him  in  riiila- 
delplda  when  vou  sailed  ' — A.  1  traveled  with  the  boat,  and  Mr. 
lliTtz  took  the  railroad.  IMr.  Howe  or  IJnckm'll  was  to  be  applied  to 
to  let  am  have  the  necessary  means  to  yo  on  with  the  company.  I  re- 
ceived this  nnmey  in  New  York,  thronjih  Mr.  licit/,  at  the  be;rinninji'  of 
tilt'  day,  and,  before  I  starte<l,  some  frt)m  Mi'.  Ibu-kneli.  I  left  New 
York  <ni  the  Stoninj-ton  road,  and  came  to  Uoston.  1  arrived  there 
alioiit  T)  o'clock  in  the  morning' with  all  the  nuMi,  ami  loniid  tliis  bri<;', 
the  America,  ready  to  take  ns  on  board  and  briny;  us  to  Halifax.  I  em- 
barked  my  men. 

I).  Did  you  j;et  this  money  from  Hertz  or  ]Iowe.' — \.  No,  sir;  froni 
^Ir.  IJncknell. 

(^.  Did  you  see  lTow(»  in  New  York? — A.  I  saw  IFowe  in  New  York 
at  the  time,  and  receive<l  a  letter  from  Mr.  lIow»^  to  Sir  (laspard  h' 
Jlarcliant.  1  told  him  that  I  had  so  nniny  men  in  town  and  wanted 
SOUR'  money,  and  that  1  wanted  tickets  and  a  letter  to  Sir  (laspard  le 
Marchant. 

Q.  The  tickets  you  got  in  rhiladeli)hia  only  carried  yon  t(»  New  York 
on  the  steamer  J)elaware,  then  .' — A.  Yes,  sir. 
[2(i8]        (}.  And  you  went  to  Howe  and  told  him  *yon  wanted  tickets 
and  a  letter  to  the  <>'overnor  and  some  money  .' — A.  lie  j^ave  me  a 
letter,  an<l  Mr.  Hertz  and  IJiutkncll  <iave  nu'  the  money. 

Q.  Who  was  JJucknell  ;' — A.  He;  was  a  civil  en;;ineer. 

Q.  Was  he  with  Mv.  Howe? — A.  He  was  with  Mr.  Howe,  but  I  <lo 
not  know  whether  he  was  eniuay'e<l  by  Howe  only  lor  the  purpose  of  this 
business  or  not;  1  ma«le  the  acquaintance  of  Ibicknell  only  a  tew  <lays 
lu'fore;  I  saw  ^Ir.  Hertz  in  New  Yink  at  the  time;  Hertz  told  nm  I  was 
to  ji'o  as  soon  as  possible;  I  was  anxious  to  jicl  the  men  away  from  New 
York,  and  he  pronuse<l  to  see  Howe  and  .y«'t  money:  he  kept  me  twenty- 
lour  hours  in  trying'  to  j;(!t  mtmey  :  he  yave  me  the  money  snbsc(pM'ntIy, 
;;('ttii)j>'  it  from  Howe;  1  emi)arked  from  pier  15  in  N«'W  Vork,  and  went 
oil  the  Stonin;;ton  road  to  Doston  ;  I  yol  thereat  ."i  (»"('|(»el, .  and  went 
around  with  all  my  nu'ii  to  the  tea  wharf  in    llostiU',,  and   li>iind  there 

the  \essel  which  I  was  promised  I  would  lind. 
[l'(»!>J       *{}.  \\'ho  promised  yon  .' — A.  Mr.   Ducknell.     ^Yhen  1  canu'  to 


this  vessel,  it  was  in  tlie  nioinin.t;,  lietween  (land 


emharl\( 


d 


my  men  at  once;  I  y,ave  them  breakfast,  and  started  at  Imlipasf  S 
iiVlock  for  Halifax,  and  arrived  there  on  the  .ilMh  of  Maich.  \Vheu  I 
<  line  to  Halifax,  the  vessel  went  into  a  prixate  wharf,  and  I  was  put  on 
re  to  report  myself  to  the  provin<'ial  secretary  an<l  Sir  <las[iard  Le 


sho 
Mai 


cliaiit. 


<^  Who  was  provincial  secretary  ? — A.  Mr.  NN'ilkins. 

<»'.  is  he  the  man  who  sij^ns  this  proclamation  ? — A.  Yes,  sir. 

<,».  Lewis  M.  Wilkins?— A.  Yes,  sir. 

'i>.  NN'iien  y«m  j;()t  to  the  wharf,  you  went  on  .sh(»re  to  report  y<»urself 
to  Wilkins? — A.  I  did  soi  Tin' ves.sel  was  ordered  to  the  royal  wharf, 
iiml  diuinji'  that  time  1  met  somv  rei;iniental  snrj'cons  and  some  olllcers 
ol  tlie  seventy-sixth  re;iiment,  some  of  the  artillery.  Afterward  Sir 
'•iispind  Le  Marchant,  {;()veruor  of  Nova  Scotia,  himself  came  to  the 
tt'uwharf. 


I; 


M,   1 


m 


f 


i! 


E 1^^ 


550 


TU1:ATY    of    WA.SHIXCiTOX rAI'KKS    ACCOMPAN'YIXO 


AV'l'i'MCss.  Tim  "  t^iuM'ir.s  wliarf."  II»^  onlcifd  irio  to  file  tlM'c(nii|»iniy 
in  anil  show  tliciii.  1  did  so,  iiml  Sii-  (iaspard  Ia'  Marcliaiit,  witli  otht-V 
utliccrs,  passed  aloii;r  by  the  iiumi. and  inspected  tin*  men.  I  intitidiictil 
tJH'sc  two  men  I  liad  witli  nu'  as  licnt^'iiants;  tlicy  were  irccivctl 
[27(>|  by  tin*  *o1Vm'('1s  as  olHci'is;  and  I  iccrivcd  an  oidrr  IVoni  I,«'  Mar- 
cliant  tonnircli  the  men  np  to  tlii'liospital,  toliav(>  tlicni  cxaMiinctl. 
and  at'tfiwai'd  to  niarrli  tiicni  ont  to  .Melville  Island  to  liavetlieni  attesttd. 
I  marched  them  np  to  the  hospital,  and  they  were  then'  examined,  ami 
twp  or  three  men  rejeeted  and  one  kept  hack,  as  sick.  All  the  others  [ 
nnirehed  out  to  Melville  Island.  There  they  had  the  IJritish  liairaeUs, 
and  hariaeks  eiceted  for  the  tbr<'if;n  le<;ion  ;  thoi-e  the  nu-n  were  attesinl. 
After  the   man  is  enlisted,  he  has  to  I>e  attesti'd  and  sworn  as  a  S4)l(lii'i'. 

tlndyc  Kank.  What  is  attesting:  ? 

Witm;ss.  There  is  a  .indy:e  comes  to  the  quarters  of  the  soldiers,  ami 
then  tile  ollicer  is  there,  and  thejnd^i'e  swears  the  soUliers  in;  that  is  the 
act  of  attesting;. 

Q.  What  is  the  lorm  of  the  oath  ? — A.  The  form  of  the  oath  is,  that  we 
swear  to  serve  ller  Majesty  the  <^)neen  of  Knj;land  for  a  time,  three  m 
five  years,  or  so  many  y<'ars  as  the  soldieis  a;^i'ee  upon — in  this  ease  tlic 
ayreenu'nt  was  lor  thr»'e  or  Jive  years — failhlidly,  anil  so  on. 

Q.  That  is  the  form  «>f  tin*  oath.' — A.  Yes,  sir,  that  is  the  oath  tlicy 
administered  to  each  of  those  men. 

,In<l;;»'  IvANK.   Is  there  any  writing:"  ]>rece(h's  it  ? — A.   It  is  not  in 
[271]    wriliiijn;  it  is  a  i)rinted  form  ;  it  *is  siinncd  l>y  thejndj^c,  and  aldr- 
ward  hy  witiu'sses;  I  siiined  nearly  all  of  them. 

Q.  Is  it  si>;ned  by  the  recrnil  .' — A.  Yes,  sir,  it  is  sijined  by  tiie  ic 
crnit ;  after  the  men  had  been  attested,  I  commeni-ed  the  diill,  an<l  h.vc 
anti-bye  the  men  n'ceived  elothin;i' and  arms.  I  was  at  Melvilh'  Islaml. 
at  the  olheers'  ipiarters,  with  the  two  other  oflicers  and  J)i',  r.i«'ll.  mitil 
the  loth  of  May  ;  I  was  entered  on  the;  aiiny  list,  as  was  the  other  oili 
c<'rs,  and  we  received  onr  jiay  and  were  ticatecl  as  ollicers  ;  on  tlieHili 
ur  11th  of  May,  Mr.  Crampton  himself  came  up  to  Halifax,  in  onler  tn 
make  lu-tter  arranjicnients  abont  this  recrnitiny  business,  as  many  nun 
liad  been  iirrested  in  the  Statt's  an<l  kept  back;  on  the  l.'?th  «»f  May  I 
received  a  letter  from  Lieutenant  Preston  of  the  se\  tMitysixth. 

i}.  (Letter  siniwn  witness.)  Do  yon  recollect  this  paper? — A.  Tlnit 
is  the  letter  of  Mr.  I'reston,  in  JIalilax,  when  he  tt>l(l  me  that  -Mr. 
Crampton  wanted  to  see  me. 

Q.  Who  is  ,AIr.  I'reston? — A.  Mr.  Preston  is  lientenant  in  the  scv 
entysixtii  rej;iment — the  ollicer  who  has  ehaiyc  of  the  barracks  in 
>Jiaj;ara, 

Th(^  note*  was  read, as  follows: 

["i""^]       Di. \ii  Sti:oiii;i.:    I  am   (liri'ctfd   hy  tin-  ncnciul   to  ii<''f|uaiiit  yim   tliiit  Mr 
("i'aiii|)ti>ii  wants  to  M'f  ycMi  at   liis   lioiisc  al    III  u'clork  to-iiKirrow  nitpiiiini;:  'i'' 
limi'tiial.     II   you  like,  coiiic  up  to  my  house  at  haifi'iist  D  o'clotk,  aud  wo  will  i;o 
toffctln-r. 

Yours  liiilv, 

J.  W.  I'lfKSTOX, 

UtiTiily-Sijili  Jiiijimi III. 
Tli:si>av.  Mfii/  i:i,  IlaVifaT. 

Q.  Where  was  h«'  at  the  tinu'? — ,V.  At  the  time  lie  was  at  Ih' 
fort  in  Halifax  with  his  reH;imeiit;  the  letter  stated  that  Mr.  ( 'ramp- 
ton  wished  to  see  me  at  his  quarters  at  10  o'chn^k  on  Sunday;  I  went 
to  see  Crampton,  and  there  1  found  Sir  (laspard  Le  Marchant:  I  went 
there  with  Preston,  and  I  was  ordered  by  Mr.  (hamptini  to  make  a  iilan 
out  lor  him  in  writing  to  go  to  the  United  States,  that  is,  to  those  cities 


ING 


COINTKU   CASK    OF   THK    IMTKI)    STATKS. 


Ju>\ 


tlMM'ompniiy 
r,  witli  otlicr 
1  illtioiltiritl 
,('!•»'  received 
'nun  \.v  Mm 
III  cxiiiiiiiictl. 
n'ln  atfcstnl. 
iiniiniMU  iiml 

tllC  (ttillTS  I 
sll  l);iniicl<s, 
('If  attfstnl. 

I  as  ii  soldier. 

soldiers,  and 
I :  that  istlic 

itli  is,  that  we 
iiiu',  tliicf  tir 
this  rase  tlic 

11. 

hr  oath   tlicy 

V.  It  is  not  in 
«;•(•,  and  allci- 

I'd   by  tiic  H' 
liill,  anil  hyc 
^•Ivilh-  Island. 
■.  r.ii'll.  until 
he  other  olli- 
;  on  the  iitli 
.  ill  order  to 
as  many  nun 
Uh  (dSlay  I 
;ixth. 

T  .'—A.  That 
me   that   Mi. 

ill   the  sev 
barratdvs  in 


it  v<iu  tli;it  Ml' 
(w  iiitiiiiinii:  111' 
and  wc  will  ^» 


■;roN, 

Sijlh  Uiijinunt. 

•  was  at  '1h' 
It  Mr.  Cramp- 
iKlay ;  I  went 
haiit :  1  w<'i't 
>  make  a  pliin 
;o  those  eities 


(,f  the  United  States  whieli  lii'  on  the  boiindarv-line,  siudi  as  I'litbilo, 
i;(»(diest«'r,  Cleveland,  Toledo,  Detroit,  Oswe^ci,  and  others;  I  wrote  a 
|il;in  lor  him;  I  said  that  I  would  want  so  many  ollieers,  and  for  every 
dllicer  a  noncommissioned  oHieer. 
.Ind^i'e  Kam:.  Does  the  ])lan  allect  the  |>arlies  on  trial? 
Ml.  \'A.\  D^KK.  1  think  so;  it  was  alter  arrests  ha<l  taken  idare  in 
siinient  the  Western  cities  that  the  l>i  itish  ministerdeterinineil  to  (dian^c 
the  plan  id'  enlisiment  in  the  Stat»'s,  and  this  witness  says  thai,  in  pnr- 

siianee  oi  that  determination,  he  reeei\ cd  a  letter  I'rom  laentcnant 
jT.'I]    Preston  to  call  at  *  I  he  ( |  nailers  (d'.Mr.Cra  nipt  on;  he  called  I  here,  and 

IMr.  Ciiimpton  told  him  that  there  had  been  some  dinicidty  about 
ihc  recruits,  and  wished  him,  Stndiel,  to  piepan-  another  plan,  w  hiidi,  if 
iiildptrd,  would  avoid  that  dillicult.v ;  lie  prepared  this  |daii,  and  siib- 
iiiittcd  it  to  Mr.  Crampton,  and,  if  I  understand  it,  the  witness  will  say 
that  the  plan  was  ad«>|>ted  by  him  with  some  little  variati<ni,  and  the 
ridiiilin;^'  was  carried  on  in  the  IJniti'd  States  in  accordance  with  this 
irinoileled  plan. 

■Indj;('  Kank.  ]>y  either  of  tlie.se  defeiidanis  in  accordance  with  this 
|ilan  .' 

Mr.  N'AN  DvKi;.  If  \  may  be  ])erinitted  to  anticipate  the  ib-feiise, 
uliicli  must  be  done  more  or  less  in  every  <'ase.  it  will  be,  I  suppose,  the 
^lln('  as  made  before  the  eommissioiier  in  relation  to  lliidd's  c(unpany — 
that  the  men  enlisted  ill  that  comiiany,  as  the  defendants  allege,  were 
iKitldn;;'  intue  or  less  than  a  set  of  men  en;.;a;4('d  to  work  on  tlu'  railroad 
ill  Nova  Scotia.  We  intend  to  show  by  this  that  Hertz,  in  .so  reprcsent- 
iii^r.  was  but  carrying;'  out  tin;  remoileled  plan  ailopted  imtre  elfectually 
liv  Mr.  Crampton  at  Halifax.  I  shall  show  al.so  by  other  witnesses  that, 
III  a  period  siilisequeiit  to  that  (dwhicdi  the  witness  now  s|)eaks,  alter 

the  defendants  were  arrested,  the  defendant  Ilert/,  en};a;;ed 
:'71|    •one  IJaroii  N'aii  S(diwat/enliorii  and  one  Itaroii  Schnminsky  to 

carry  on  the  I'ldistin^'  business  in  l*liiladel|diia,  and  that  another 
niiii|iany  was  enlisted  by  siudi  ajicnts  of  Hertz,  in  the  manner  proiiosed 
!iy  the  remodeled  plan. 

Mr.  licmak,  in  reply,  stated  that  the  witness  had  sworn  that  Hertz 
!i'i|;K'sred  him  to  do  certain  thin^i's,  ami  whatever  resulted  from  that 
.illi';;«'d  fact  was  admissible.  .Mr.  Stndiel  had  ^iiveii  evidence  in  rej;ard 
iiMlrawino'  a  plan,  but  he  had  not  sworn  that  H<'rtz  commissioned  him 
to  devise  or  draw  that  jihiii.  He  miolit  have  been  re«iuested  by  Mr. 
'  lainpton  to  draw  the  plan,  but  thi^  (mhiiiscI  for  the  (hdeiise  could  not 
Mc.  how  that  could  alfect,  for  the  i>resent,  his  client.  He  could  not  be 
!i>ipoiisilde  ibr  the  acts  of  Strobel  after  Sirobel  had  done  what  In* 
i»'i|iu'sted  of  hiUi,  and  if  he  went  beyond  what  was  reipiesteil,  he  did  it 
on  his  own  respoMsibility. 

•Iinl'.;!'  Kanj:.  The  evidence  taken  in  c(mnection  with  the  olfer  of  tlie 
'li>-tiicr  attorney  is  admissible  entirely  as  it  stands,  in  the  same  cate^iny 
\vith  evidence  oiij;inally  j;iveii  by  him  of  concert  of  the  otlicer  with  the 
llritish  j>()veriimeiit.     If  it  is  not  brought  home  to  either  of  the  parties 

on  trial  by  siibseipient  evidence,  of  coiir.se  it  will  not  alfect  them. 
-"■''i       Mr.  Van  Dyici:.  I  do  not  w  isli  my  (dfer  to  be  *mi.sapprehended 

by  the  eoun.sel  for  the  defen.se  in  any  jiarticuilar.  I  state  «lis- 
'iiH'tly  to  the  court  that  I  have  evidence  to  show  that  there  was  a  reoii- 
lar-faine  jihiyed  by  Her  Mi'.Jesty'.s  envoy  to  evade  the  law;  that  those 
II  were  .seemiii}>ly  eiiftayed  to  work  on  a  railroad,  but  in  reality  eii- 

o  .served  in  the  forei}:;ii  leyioii,  and  that  they  weri' told  by  Hertz, 


III) 


stcil  t 


"t-^i 


!*^^!^' 


i'k  i 


'  any  per.son  (piestioneil  them,  to  reply  that  they  had  been  eiifiajied  to 
^uili  oil  SI  railroad  iu  Nova  Scotia.     1  have,  for  the  prosecution,  to  es- 


TfT^ 


552 


TIM:A'IY    of    WASIIIX<JT0\ — PAIT.KS    ACCOMrANVINc; 


'It 


4' 

!-; 


il^' 


I'i;  '   I  ,f 

lii;;;f  |-?: 


t/ 


njii 


!l  i  i 


i 


I 

I'M 


if  i:,^, 


'i  *. 


Wl 


t;il>li«ili  n'vtinn  importiint  fiicts:  ono  is,  tliiif  the  scndin';  of  tlicsr  uifii  to 
Novii  Scotia  was  lor  tlic  |Mir|»os«'  of  tlu'ir  hciii;;  nilistcd  in  tiic  roiri;ru 
I<>;;ioii.  anil  tlit'ir  scniliii.!;'  tlinii  tlicrc  as  \vorl;iii<>ii  on  a  railroad  \v;is  n 
s]»crions  disjunisi',  nnd«'r  wliicli  tlicy  lio|M'd  to  cxadi'  tlii'  law  of  tlli^ 
(•onntiy.  If  I  sliuw  thai  this  was  tlicii-  intention,  it  is  ciTtaiiilv  i\i 
diMM'c,  and  tli(>  ciiinc  is  proved,  notwithstandin<j;  their  attempt  at  v\:\ 
sion. 

.Iildye  K.Wi:.  The  e\  iiU'nee  is  adniissihle. 

i).  Did  you  prepare  that  |>lan  .' — A.   I  prepared  if. 

(}.  iSliowin;^;!  paper.)  Is  lii  it  it  .' — A.  V»'s,  sir;  it  is  my  own  limid 
writing!  :  it  is  the  plan. 

I).  Was  tliis  siiliniitted  to  Mr.  Crainpton  .' — A.  Not  this  oiw.  Tlli^ 
was  tiie  eopy  I  first  made.     1  afterward  made  a  eiear  copy  of  it,  wliich 

was  snltmilted. 
[L*7«i|         *(}.  Tliis,  tlien,  is  tin'  orij;inal  eopy.  of  whieli  a  eU'areopy  \v;is 
made  ami  submitted  to  Mi'.  Ciampton  .' — .\.  Yes,  sir. 

Tin*  paper  was  here  read  in  evidence  as  follows: 

I  liiixc  liic  lioimr  to  iiitorm  iiis  (■xf'cllfiKy  tlic  nivoy  rxtr.uifiliiinry  <>l"  (ircal  liiitiiii, 
ill  tlir  I'hilrd  StiilcM,  iiiiil  lii.>  I'Nrclii'iicy  Sir  (l;isiiai'il  I.I'  .Mairli.iiit,  till'  ;;(ivi'iiicir(Pi' 
Noxii  Si'iiiia.  Ill' till- |il.'iii  I  liMV  <' :ii|i>|iti'il  to  rai»i'  tin-  y;l•l■atl•■^t  jmisnIIiIi' iiiiiiilii'i' nf  nh -i 
ill  M\fial  ilitVr-.Tiit  cilii's  of  ilii'  I'niti'il  Stairs  on  tip- liiiiiiiilai'ii--i  nl' Caiiaila,  1  whli 
tcstatiiiii  ill  MiilValii  l.ii-iiti'iiaiii  Sliiiiiianii,  with  ('<)i'|ii)i':ii  iinlli:  in  Pi-tioil,  Dr.  Il^l|^^. 
with  (ill  jMiral  Ki'iii|irr;  in  ('lev  riaiiil,  Ih.  .Vsrlii'iil'i'lilt,  \n  iili  ."-;i-i;ii'anl  Kii'lf^iT.  n|i|i.i. 
hitr  111  Id'trnil  SiTy:i'anl  liarilirt  .sliall  irrrivi- tin-  iii<liviilnaU  sent  liy  l>r.  IJi'iiss,  ,iii,l 
liis  (liil>  will  III'  to  si'iid  t  lii'iii,  as  fa^l  as  tlii'y  ariivr.  liy  lailmail  to  (/iii'riistowii,  wlnii 
a  ilc|iot  must  lir  I'sialilislii-il  and  a  ina^istiati'  a|)|iiiiiiti-<l  to  nilist  ami  atti'st  tin'  iiirn  ; 
ami  it  will  III- 1  III-  liiisim-ss  nC  t  In-  roniiiianiliii^  olliri'ior  tliisi|i>|iot.  wlini  a  siilUi-ii'iii  ii;i;i: 
liiT  i.s  loyi-iiiiT,  to  M-ntl  tlii-m  liy  stramlioat  wliriTVi-r  iiisrxrvlli-nry  may  ilniilr.  'I'lin-' 
uiliccis  .siatimii'il  at  tm- alio\  i-'inriitiom-il  citii-swill  sti  ii-tly  follow  tin-  instin'- 
[•JT'J]  lions  ;i;ivi-ii  totln-m,  tliniiiuli  iin-,  from  *liis  i-\ci-lli-nry.  in  n-i^ai'il  to  tim  iiiaiiii'i 
anil  way  to  In-  iisnl  in  i-nrom'a;;iii;i  ami  si-mlinji  snrli  imliviiliials  who  an-  willin:; 
or  tli'^irons  ot'  Iraviii;;'  tin-  Initi-il  .stali-s  to  i-nli.st  in  the  Hritish  M-rvii-t-.  .My  inlriitiini. 
ill  ;;i\iiiy;lo  rarli  rommissiom'il  oriii'i-r  a  iion-i  ommissinm-il  nlliii-r  as  .-issislaiil.  i>  i" 
iiialilf  tliiisr  niiitli-ini'ii  to  liml  out  such  imli\  itlnals.  ami  to  avoiil  tin-  ni-i-rssity  nl'riii- 
jiloyiiii;.  for  this  |iiir|iosi-.  .stiaii;;i'rs,  who  niij^ht  r:i-ily  ihi  riM-  Ihriii. 

My  o|iinion  is  that  i-vi-iy  iillici-r.  with  tin-  assistanri-  of  his  non-roiiiniissiom-il  iitlinr 
will  ill-  alili-  to  transart  all  tin-  Itiisinrss,  witlioiit  lit-iiii;  i-iiiii|ii-llr<l  to  hii<-  ii-jfiilai  a;,'iiii- 
or  innm-is,  thai  is,  if  tin-  jrinllrim-n  kimw  tin-  |iro|M-r  wa>  of  maiiay;in;i. 

1  will  ni,\si-|j'  \  isil  i-acli  of  tin-  iilact-s  iiii-iitiom-il.  :iml  will  ]iai't  iriilarly  coiiliiii'  iii.\m!i 
to  wln-ii-  my  |iri--rnri'  will  hr  ninst  iri|iiin'il.  I  shall  ;iIso  |»ri)lialily  visit  ('liir;ii,M. 
w  hi-ir  (lonlitlrss  ajiical  nnmlii-r  of  nirn  may  In'  jjot.  \Vi-  can  then  a^rccon  rcasnii.ilil' 
tciiiis  lor  haviiiii  them  convcycil  liy  lailroad  to  Detroit,  which  exiniisi-,  in  my  ii|iiMiiiii, 
Would  mil  e\i-t-cd  S'J.riO  per  head. 

1   sa.w  all    tlje  oflicers  and  iion-comniis>ioneil  oiVicers  yesterday  e\cniiij,'.  .iii'l 
[27  ■'J  held  a  1<  111^  con  versa!  ion  with  them,  the  result  of  w  liich  is  that  we  "all  |ierfi'cllv  im- 
deistand  each  other:  that   tln-y  an-  all  entirely  salislicd,  and  that  every  our  i- 
willing  to  do  his  very  hest  in  iey:ard  to  this  matter. 

I  h;iv  e  also  inade  eslimatesof  all  the  eXliell>es  of  the  onii'crs  conm-cted  with  ll.'- 
iiiatler  tor  the  luiiod  o(  nm-  monih.  at  lln-ir  ditl'ireni  |ioiiits  of  de-^tinalion.  iitln'l 
\i\'^  their  tra\iliii!i  exiienscs.  which  1  take  the  lilieify  of  layiiii;  liefore  your  eNii-ilrinii- 

Sav.  the  tiavelinji  exiieiises  of  llie  olheers  from  thlsid.K-e  to  their  liiti'i-rent  slatiniiv 

Cll'e.ich fl'W 

'ill  .^ehiimaiin,  Asclieiifeld,  and  Ifeiiss.  each  s-.MO  per  month *-" 

(I'lom  this  inomy  each  has  to  pay  his  non-commis>iiiiied  ollicer.  and  to  meet  all 
other  exjieiiscs  that  may  In-  necessary  in  semlini;  the  men  ovi-r  on  the  Canadian 
side,  jiav  of  teiiipojary  agents,  rnnm-is,  and  lavi-rn-ki-epeis  iiieliidi-d.^ 

I'ay  tor  Weiss,  liarcliet,  and  one  other  iioii-coniniissiiiiieil  oltiei-r.  .-sIlKI  cai-li 

My  ti.ivelinjf  expenses  from  town  to  town,  hotel  exp<iise.s,  pay  of  my  non-com 

niissioncd  oflicer,  and  his  travi-lini;'  expenses 


;!(iii 


!?l.*'-'" 


[*J7l)]       *Tliiis  niaklii};  n  total  aiiioiint  of  Sl,T*JO,  «'(|nal  to  £;{44  sti-rliiijj. 

'i'lii.s,  or,  at  most,  jCHdO.  would,  in  my  opiiiion,  lu-  the  amoiiiit  ri'iinisite  to  t'li:'- 
Me  ten  ortUer.s  to  carry  on  upi-ratiuiis  for  oue  uioiitb,  and,  with  rea.soiiablo  good  ioi- 


COINTKU    (ASK    OF    TIIK    I'M'I  KD    STATl.S. 


553 


my  own  Intiiil 


mill-,  to  tl'Hvfl'  nil    till'  Ciilliiiliilll   slinlc    il    l,'ll<;i'    lilllillii'l'   iif  siTX  irc:il)lr,  alili'-lliMlictl 

liifli. 
I  |i;iv<'  till-  lioimr  to  riiiiiiiii  voiir  cMi'llciicii'^'  iimst  liiiiiililt>  ohcilitiif  .srrsiint. 

{).  Was  tliiit  pliiii  :nl(»|»t('<l  * — A.  'I'liat  istlioplim  uliicli  was  apiH'ovnl 
Mini  iidoptcd  l>y  Mr.  Craiiiptoii  and  Sir  <iaspar<l  lii>  Matcliant.  and  I  if- 
ciivcil  orders  to  Iniiiy.  nc\l  niornin;;'  at  II  o'clock,  the  olliccrs  men- 
tioncti  tlicrc.  tour  noii-coiiiini^sioncd  olliccrs  of  ni,v  ('(Mnpany,  all  attested 
inrii,  and  the  soldiers,  to  the  proviiKJal  iMiildilio,  and  tncet  there  Sir 
(liispard  liC  .Miirchant  and  Mr.  rrainplon.  I  went  theic  with  thosi^ 
men.  1  met  there  Mr.  <'raiiiptoii.  Sir  (Jaspard  Ijc  March.int,  and  IJeii- 
ti'iiinit  Treston.  I  was  ordered  to  leave  llalilax  iiinncdialely,  and  ri - 
|i,ijr  to  the  States,  and  I  lel't  llalilax  in  eoinpany  with  .Mr.  Cramptoii 
mil  I'reston,  ot  the  seventy-sixth,  with  otiicers  and  inni-eommissioiied 
olliccrs.  When  I  saw  .Mr.  Crainpton  there  I  was  in  nnil'orin  and 
l'jS()|  niy  non-commissioned  olliccrs  were  in  iinirorni;  when*  we  left, 
they  I'cceivcd  civil  clothes  from  the  j^ovcrnment  there,  for  this 
]iiii]ii.se,  and  Went  on  with  me.  When  we  «iimc  to  Portland,  Mr. 
Cniiiiptoii  ;,Mve  mc;  oi'ders  to  ;;'o  with  him  to  (,)iM'ltec  to  see  Mr. 
Iliinl.  the  ^j'overnor-ycDcral  of  Canada,  to  have  a  perfect  iindeistand- 
iii;:  iihont  the  ilepot  and  the  means  of  scndiii}^' men  thronoh  ('aiiada 
t(i  No\  a  .Scotia.  I  went  with  him;  I  saw  Sir  lidmnnd  Mead  in  the 
|ii('S('iice  of  Mr.  Crampton.  I  receivt'd  letters  from  Sir  l''dmiind  Ih-atl 
It)  Jilt  harracks  at  Xiayara.  These  barracks  wci*'  to  receive  the  men 
wiiii  were  seid  <mt  of  tin' Sates  to  i'ldist  in  the  forei.i;n  lc;;ion.  I  re- 
vived also  at  Sii'  l-jlmnmrs  house 

.liid^e  Kani:.  I  am  anxions  not  to  jxo  beyond  the  limit  of  courtesy  to 
;i  fiiici;;!!  "•ovemment.  I  do  not  wish  to  penetrate  what  was  done 
tlici't',  iiidess  it  appears  connecred  with  the  persons  ih)w  on  tiial.  Tln^ 
ilisirict  attoriM'y  must  lu'iiide  the  witiu'ss  after  this  siiu^cstioii,  s(»  as  to 
iiviiiil  th(^  appearance  of  too  close  an  in(|iiiry  into  matt»'rs  not  clearly 
licl'tirc  this  court  as  matters  of  judicial  inv»'sti;iation. 

Mr.  Van  1)v  kk.  I  understand  the  sn;i;i'e.stion  of  the  court,  and   will 

try  to  keep  the  witness  within  tin-  proper  hoiimls.     My   whole 

\'1M\    object  is  to  yet  tin*  jicneral   plan  of  oiteratioiis,  and   then   *to 

sh(»w  that  the  object  of  the  j^encral   plan   was  to  procnr<'  nuMi 

tiniii  the  States  to  Join  tins  foreijiii  Ic^^ion,  and  that   the  defendant  co- 

(i|ii'nitcd  in  that  general  i»Ian. 

<»>.  (Paper  shown.)  Will  ycni  look  at  that  pajjcr,  ami  state  \\hat  it  is  * 
—A.  It  is  the  itistiiictions  1  icccived  at  (^)nebec,  in  Sir  Kdmnnd  Head's 
liiiiisc.  out  of  Mr.  Crampton's  own  hands.  The  orij^inal  was  wiitten  in 
Ml.  Crampton's  own  handwritinji',  and  was  written,  at  least  jiart  of  it, 
ill  iiiy  presence  in  his  room.  This  is  a  copy  made  from  the  original;  I 
iiiinlc  it  for  the  purpose  of  ju'cscin  in;;-  a  copy.  The  oii^inal  1  ;;!ive 
Imcli  ill  a  report  1  made  to  Sir  (lasi)ar<l  I^e  Marchant,  in  Halifax.  That 
it'pDit  stat«'d  what  I  had  «lone  to  clear  me  of  two  charj;es  made  a;;ainst 
iiK'  lip  there. 

'v>.  That,  then,  is  a  copy  made  frotn  the  original  instructions  of 
•iMiiipton,  as  to  ycmr  duly  in  the  United  States* — A.  That  is  a  <'opy 
|»l  tlic  ori;;innl  instrtU'tions  I  receive<l  at  this  time  from  .Mr.  Crampton. 

Tlip  paper  tvas  biMUfj  road  as  part  of  the  evidence,  when,  (ui  moti«)n, 
iiicccs.s  was  'ak(  It  for  ten  minutes.  On  the  court  r(sassi'nd)linii,  the 
ifiidiiij'-  of  tlu'  '.;riM  v  was  concluded.     It  i.s  as  follows  : 


»> 


['-'■'■■ij  *  Memoniii''(i  for  Ihr-  guidniicc  of  thnw  who  am  to  mak'^  knoini  to  person'*  in  (he 
I'liilcd  !)in'i'H  the  tvrmx  and  voiiditionn  upon  wkivli  rvvrnitx  wilt  bv  rvcrind  into  tlw 
llritixlt  ••rnii). 

1.  Tlie  parties  who  may  go  to  lliill'jilo,  Detroit,  or  Cleveland  for  thi-s  imriio.se  must 


?/'£:"• 


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23  WE^I  VAIN  STREET 
WEBSTEIt.N.Y.  14580 

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554 


TREATY    OF    WASHINGTON — rAPERS    ACCOMPANYING 


h  .- 


clearly  iintlcrstand  tliaf;  they  must  carofiiUy  rofraiii  from  anything  which  would  cmi- 
stitutt!  a  vi:)Iati()ii  of  tiu',  law  of  thi*  IJiiitiiil  States. 

y.  Tiicy  uinst,  then^fon;,  avoid  any  ant  wliich  n»i<^iit  hear  tho  appoaranc;'  of  ivLinlt- 
iuix  witiiin  thf,  jurisdiction  of  tho  United  States  for  a  fitrtM<iu  servico,  or  of  iiiriiiij  ,n- 
retaii\injj  anybody  to  leas-e  tluit  jurisdiction  with  tlie  intent  to  enlist  in  the  servic'u  ut 
II  forci^^n  ])ower. 

(liotli  these  acts  are  illi^gal  by  the  a(!t  of  Congress  of  1818,  seotion  2.) 

4.  There  must  he  no  collection,  emhodiniont  of  men,  or  organization  whatever  at- 
tempted within  that  jurisdiction. 

5.  No  promises  or  contracts,  written  or  verbal,  on  tho  subject  of  enlistment,  nnist  ln! 
entered  int)  with  any  pctrsou  within  that  jurisdictiou. 

The  inlbrination  to  be;  given  will  lie  sim[dy  that  tliose  d(^siring  to  enlist  in  tin; 
['28:5]  British  army,  facilities  will  be  atlonled  for  so  doing  on  their  *cr()ssiag  tlie  line 
into  British  territory,  anil  tlui  ttsrms  olfcired  by  tin;  Mritish  goviMMimciir  may  lie 
str.ted  as  a  matter  of  information  only,  and  not  as  implying  any  promise  or  enjiajr,.. 
nient  on  tl;e  [lart  of  those  sni)plying  such  information,  so  long,  at  least,  as  th;'y  reiuiiiii 
"within  American  jurisdiction. 

7.  It  is  essential  to  success  that  no  assemblages  of  persons  should  take  plac(!  at  lici  r- 
houscs  or  other  tiimilar  places  of  entertainnu'iit,  for  the  purpose  of  devising  nieasiircs 
for  imlisting,  and  tlu^  i»artie8  shouhl  scrnpulously  avoicl  resenting  to  this  or  simijar 
means  of  disseminating  the  desired  information,  inasmuch  as  the  attention  of  tiie 
American  authorities  would  not  fail  to  be  called  to  such  proceeilings,  which  woiilil  iiii- 
(lonbtcdly  be  regarded  by  them  as  an  attempt  to  carry  on  recruiting  for  a  loreign  \Hn\n 
within  the  limits  of  tho  United  States;  and  it  certainly  must  be  borne  in  mind  tliat 
the  institution  of  legal  proceedings  against  any  of  the  parties  in  qutistion,  even  it  tiny 
were  to  elude  the  pcnnilty,  wonld  be  fatal  to  the,  success  of  tho  enlistment  itself 

8.  Should  the  strict  observance  of  these  points  be  neghicted,  and  the  paitiis 
[•^84]  thereby  involve  themselves  in  ditlicnlty,  they  are  her(!l)y  *<listinctly  iipjtriscd 
that  they  must  e\p(!ct  no  sort  »>f  aid  or  assistance  from  the  British  govei  iniifiit. 
This  govt'rnnicnt  would  be  compelltid,  by  the  clearest  dictat(!S  of  international  duty. 
to  disavow  their  jjroceedings,  and  wouhl,  moreover,  be  absolv(Ml  from  all  eiigageiiicnts 
contingent  upon  the  success  of  the  parties  in  obtaining  by  legal  means  soldiers  for  Her 
Britannic  Majesty's  army. 

E.vainiiiiitiou  continued  by  Mr.  Van  Dyke: 
Q.  Tlic  papeijiLst  read  you  copied  from  the  original  one  in  the  liand- 
writing  of  Mr.  Crampton  ? — A.  Yes,  .sir. 

Q.  (Another  i)ai)er  shown  witness.)  In  whose  handwriting  is  this 
paper  ? — A.  At  that  very  time  I  also  received  this  ciplier  to  teh'graiih 
with  to  Mr.  <-raini)ton,  and  to  Halifax,  about  this  recruiting  business. 
I  cannot  swear  as  to  whose  handwriting  it  is  in,  but  I  believe  it  is  Mr. 
Crampton's;  1  did  not  see  him  write  it,  but  he  handed  it  to  ine. 


[285]       *The  pai»er  was  here  given  in  evidence, 
copy 


Letter. 
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The  following  is 


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C 

U 
o 


I 

8 

tu 
r 
i 
f 


J:  . 


Q.  You  were  to  telegraph  him  by  this  cipher,  instead  of  the  usual 
way  ? — A.  Y'es,  sir. 

Q.  What  was  the  object  in  giving  you  this  cipher? — A.  Such  ciphers 
were  given  to  several  officers — to  Mr.  Smolensk!,  Mr.  Cartensen  ;  and 
men  actually  engaged  in  the  recruiting  business  received  tnose  cii)liers. 

Q.  Was  it  for  the  purpose  of  avoiding  detection  ?— A.  It  was  for  tbc 


COTJNTER   CASE    OF    THE    I'XITED    STATES. 


555 


licli  would  ciiii- 


»u  whatBvcr  at- 
ist.inoiit,  must  \n> 


e  in  the  haiid- 


iim'  bii.sinoss. 


purpose  of  avoidiiio;  doteetion  and  avoidinjr  any  ditlioiilties  with  the 
autliorities  lioie.  It  was  to  enable  nie  to  telegrai)h  to  Mr.  rrainpton 
iVom  everv  place  I  niij>lit  visit,  without  the  people  in  the  telegraph 
ortices  nnderstanding  it. 

Q.  Were  all  the  otlicers  sent  on  this  recruiting  to  telegraph  to  Mr. 
Cnimpton  as  to  their  proceedings,  and  was  that  cij)her  to  be  used  ? — A. 
Yes,  sir. 

Q.  (Card  shown  witness.)  What  is  that? — A.  That  is  a  card  of  invi- 
tation to  Sir  Gaspard's  tabhs  in  Halifax,  re(.eivedon  the  Sth  April. 

Tlie  card  was  read,  as  follows  : 

[280]       His  excellency  Sir  Gnsjianl  ami  Lady  Le  Marcliant  *req)ie.st  the  lionor  of  Cap- 
tain M.  F.  O.  Von  Stidlu  I's  company  at  tlinner,  on  Snnday,  ';tli  April,  at  i  to  7 
o'clock.    An  answer  is  reiiiiested. 

BELVIDERE. 

Q.  Are  these  also  cards  of  invitation  to  you  ? — A.  Yes,  sir. 
The  cards  are  here  read,  as  follows: 

C<»i.i>NKr,  Cr.AitKK: 

Tlip  oflicers  of  the  seventy-sixth  regiment  rcipicst  the  honor  of  Captain  Stroliel  and 
tlicdflicers  of  the  foreign  lcj;ioii's  company  at  dinner,  on  Wednesday,  If^th  April.  An 
answer  will  ohli;;e. 

('(iloin'l  Eraser,  Colonel  Stotherd,  and  the  ofticers  of  the  royal  artillery  and  royal 
(ii;,'iiii't'r8  recjnest  the,  honor  of  Captain  Max  F.  O.  Strohel's  company  at  dinner,  on 
Tuesday,  tlio  'M\  April,  at  7  o'clock.    Artillery  park.     Au  answer  is  requested. 

Judge  Kane.  What  are  these  pai>ers  for  ? 

Mr.  \'an  Dvke.  To  corroborate  what  th«^  witness  says. 

Judge  Kane.  When  the  witness  is  impeached  it  will  be  time  enough 
to  corroborate  what  he  says. 

Mr.  Van  Dyke.  I  withdraw  this  pai)er. 

Q.  (Letter  shown  witness.)  Did  you  receive  that  letter  from  ]\Ir. 
MclJonald  ? — A.  Yes,  sir.  Ue  is  an  otiicer  in  the  provincial  secretary's 
office. 

Tlie  letter  was  here  read  in  evidence,  as  follows : 

riJOVIXCIAL  SkOKETAUY'S  Ori'ICE,  Mctl/  n,  l>^7i'i. 

Dkak  Sii! :  I  an!  directed  l>y  his  excellency  the  lieutenant-j;overnor  to  introdnei;  to 
Vim  the  bearer.  Lieutenant  Knentzel.     He  conies  with  letter  to  Sir  (Jaspard  froni  Mr. 
Crampton.     You  will  please  explain  to  him  the  steps  necessary  lor  him  to  take 
['iST]    to  secure  his  com* mission. 
Your  obedient  servant, 

BRUCE  McDonald. 

Captain  SritoHKL, 

Fimt  Company,  Foreign  Legion. 

Q.  (Letter  shown  witness.)  Do  you  recollect  this  letter? — A.  This  is 
a  letter  written  by  Preston  to  me  while  1  was  active!}' engaged  in  re- 
t  raiting  men  in  Buffalo,  Cleveland,  Detroit,  and  other  [)Iaces.  Mr.  Pres- 
ton hiul  at  that  time  charge  of  the  barracks  at  Niagara. 

The  letter  was  read  in  evidence.     It  is  Jis  follows  : 

Di:ai!  Smith  :  I  send  yon  the  accompajiyinjj  order,  in  currency,  equal  to  £80  sterling, 
^vliich  idease  send  me  a  receipt  for  by  return  of  post.  I  find  I  cannot  make  any  arrange- 
ment with  tlui  railroad  people  here.  They  say  the  tickets  had  better  b;;  paid  for  at 
^\imls()r,  which  I  think  is  best  al.so,  for  then  the  men  will  come  to  me  clear  of  expense, 
wIulIi  is  the  intention.  Tell  obunian  and  Dr.  Aschenfehlt  to  telegrajih  luo.  how-  they 
iiii' jrotting  on  at  ouce,  and  bow  many,  or  if  they  have  got  any  men.  Let  nie  hear  also 
ftoiii  ynii. 

Yours,  truly, 

J.  W.  PRESTON, 

Hi'venty-iiinth  Heglment. 
Nu(U«A,,/i(«e4,  1855. 


p. 


s  \ 


E^-ii  S.    ^ 


556 


TREATY    OF    WASHINGTON PAPERS    ACCOMPANYING 


til 


"VViTNKSS.  This  Mr.  Preston  afterward  took  command  of  the  depot 

at  was  established  at  Niagara  town. 

Q.  This  letter  says  "  Dear  Smith;"  what  was  the  meaniiij^  of  that?— 
A.  I  was  oblif>ed  to  take  that  name  because  I  was  known  as  bein;;  piv. 
vionsly  (ronneeted  with  enlistinjjin  the  States. 

(}.  (Paper  shown  witness.)  What  is  this? — A.  That  is  a  telegn^di  I 
received  from  Preston. 

The  paper  was  read  in  evidence,  as  follows : 

[288]  *[".V  ti'lt-'graph  I'roiii  JCiagnia.] 

Wixnson, ./((//('  4, 1*."), 
To  Mr.  SMirit : 

How  iiiiiny  iiUMi  have  you  got,  ?  Monoy  Icavos  bore  to-morrow  inornin<r  hy  iiiiiil.  on 
Upper  CiiUiulii  Dank.    Answer  iimneiliately. 

J.  W.  PRESTON. 

Witness.  Mr.  Preston  was  the  medium  between  myself  and  Le  Mar 
chant.  At  Halifax,  Preston  received  the  orders  from  Le  ]\[archaiit  and 
tele}4iai)hed  them  to  me. 

Q.  (Paper  shown  witness.)  This  is  another  telegraph  from  Preston,  is 
it  not  ? — A.  Yes,  sir. 

The  telegraph  dispatch  was  read  in  evidence,  as  follows : 


f]!y  ti'li'j;i'ai>li  from  Niagara.] 


To  ]\Ir.  Smith  ; 


WiXD.soR  Castle,  June  7,  l^m. 


Send  in  .statement  of  money  issued  and  liow  applied.  Tell  the  others  to  send  nu' 
Biuiilar  statements  ;  until  such  arrive,  1  cannot  issue  for  next  month. 

[Paid.]  J.  W.  PRESTON. 

Q.  Go  on  and  state  what  occurred  after  you  left  Quebec, — A.  I  left 
Crampton  in  (Quebec,  and  traveled  with  Preston  and  another  English 
gentleman,  Cai)tain  Bowls,  to  Montreal;  I  there  received  orders  for  an 
other  English  otiicer  in  Toronto,  to  give  over  to  us  the  barracks  in  Ni 
agara  town  ;  Preston  took  charge  of  the 'barracks ;  I  met  my  offim.s 
whom  I  had  sent  from  Portland  to  Niagara;  they  were  sent  from  Poit 
land  to  Niagara  Falls;  I  met  them  at  Niagara  Falls,  and  directetl  tlum 
to  go  to  dirt'erent  places — to  Cleveland,  Detroit,  and  Buffalo;  and  after 
ward  1  sent  one  non-connnissioned  otiicer  to  Chicago ;  I  was  called  back : 
I  commenced  it  about  the  4th  of  June,  and  I  was  recalled  on  tlii' 
[289]  l.'3tii,  and  arrived-*back  in  Halifax  ;  I  was  recalled  by  the  oflicws 
because  during  this  time  I  was  only  able  to  enlist  sixty  or  seventy 
men,  and  Sir  Gaspard  expected  a  great  many  more ;  and  through  this, on 
account  of  Mr.  Preston,  and  some  other  officers  who  were  anxious  to 
receive  commands  in  this  foreign  legion,  1  was  recalled  to  Halifax;! 
was  charged  with  having  kept  two  oliicers  on  the  Canada  shore  in.steiui 
of  sending  them  all  into  the  States,  and  I  ujyself,  instead  of  travelinj;. 
and  going-  to  Chicago,  Cleveland,  and  all  around  all  the  time  to  every 
place,  was  charged  with  stopping  too  long  in  one  place,  Windsor. 

Q.  Who  made  these  charges  'i — A.  They  were  made  by  Mr.  Preston 
and  sent  to  Halifax. 

Q.  Who  sent  to  you  and  told  of  them  ?— A.  Sir  Gasp.ird  Le  Marcliaut. 
He  said  that  these  charges  had  been  made,  and  that  was  the  reason  I 
was  sent  for  to  Halifax.  I  requested  a  court-martial,  and  wrote  a  long 
account  to  Le  Marchant.  I  also  sent  it  to  Crampton  by  a  friend  of  mine, 
Mr.  Ochlschlager ;  my  company  was  still  at  .Melville  Island,  under  the 
command  of  one  of  the  officers  I  left  there. 


COUNTER    CASP:    OF    THE    UNITED    STATES. 


557 


1  a  tt'U'giitpli  I 


IT,K,  June  7,  Ir^M. 


others  to  send  me 
."W.  PKESTON. 


Q.  Yon  saw  tliein  tliore  at  that  time  ? — A.  I  was  forbidden  to  sco  tlio 
men,  and  tlio  men  liad  strict  iH)tic('  not  to  converse  with  nu';iit  least  the 
men  irceived  sncli  notice  the  second  (hiy  I  was  there.  1  tohl  tlu'  j>-overnor- 
general  that,  nndersnch  cir(;nmstan(!es,  I  wonhl  leave,  and  the  ser- 
>'!)()]  gviint  was  pnt  in  irons,  and  lifty  men  of  my  comjiiiny  *sent  to 
prison  lor  conl'errin;;'  witli  me,  by  scndinj;-  to  nu'  tlieir  non-commis- 
sioned otHcer.  I  left  Halifax  with  tlie  America,  and  came  ba(;k  to  the 
States, and  since  that  time  1  have  had  m)thiny;  to  do  with  this  concern. 
Isiiw  Hertz  here  afterward.  Mr.  Crampton  took  the  address  of  every 
one  of  the  agents  who  had  been  enfiaytMl  in  recrnitinji;  at  that  tinie  in 
Boston,  New  York,  riiiladelphia,  and  Jialtimore,  and  told  me  that  ho 
was  fioing  to  see  them. 

Q.  Who  did  he  take  as  the  name  of  the  person  in  Pliiladelidiia  ? — X. 
}lv.  Hertz  was  the  nmn  r«'(;rnitinj>'  in  rhila<leli)hia. 

Q.  (lly  Mr.  Kejiak.)  Who  said  so  l — A.  3Ir.  Ciampton  took  the  mimes 
of  (lili'erent  persons  recruitinj;'  in  <liflerent  cities. 

Q.  Whose  name  did  he  take  as  the  person  in  IMiiladelphia  ? — A.  Tie 
knew  tlie  riames  already,  bnt- took  the  address  of  every  one  of  those 
gentlemen. 

Q.  From  you? — A.  From  me,  those  I  had  in  my  possession — the  ad- 
dress of  Captain  Cartensen,  of  Boston,  and  other  parlies  in  New  Y'ork ; 
ot  Sniolenski,  and  the  a<ldress  of  a  friend  of  mine  in  lialtimore. 

(}.  Did  Crampton  take  the  address  of  Hertz  from  yon  '. — A.  He  said 
lie  knew  all  about  the  proceedings  ayainst  Hertz,  and  when  he  came  to 
I'liiliidelphia  he  would  settle  with  every  one  of  those  gentlemen,  and 
aiTanye  matters  in  a  dilferent  way,  be(!anse  he  thought  proi)er  not  to 

sen<i  mei!  by  the  vessels  any  more,  bnt  by  raih'oad  into  Canada. 
[291]       *Q.  Do  yon  know  about  his  giving  any  order  about  engaging 
emigrant  runners  ? — A.  Yes,  sir;  he  allowed  me  to  pay  every  run- 
ner8f  for  a  man. 

Q.  Do  yon  km)w  what  Hertz  was  to  get  for  every  man  he  sent? — A. 
I  do  not  know  exactly  the  amount  Mr.  Hertz  received  ;  I  know  he  re- 
teivei!  money,  nnd  I  kin)w  that  they  said  in  Halifax  that  Mr.  Hertz 

Mr.  Kema'k.  I  object  to  that. 

Q.  (I>y  Mr.  Van  i>VKE.)  Did*you  ever  hear  Hertz,  or  any  other  per- 
son or  persons  in  his  presence,  say  that  he  received  any  money  and 
how  much? — A.  Yes, sir,  I  heard  Mr.  Hertz  say  he  had  received  money, 
but  never  enough  to  cover  his  own  expenses. 

Q.  Did  he  tell  yon  from  whom  he  received  it? — A.  He  told  me  that  he 
Would  receive  money  from  Mr.  Howe. 

Q.  What  else  did  he  say  to  you  in  reference  to  this  matter? — A.  Mr. 
Hertz  told  me  he  had  connection  with  the  English  government,  and 
tliat  Mr.  Crampton  and  Mr.  Howe  were  the  proper  agents  fen-  paying 
fHit  the  uu)ney  and  giving  tickets  and  giving  recommen<lations  for 
otlicers  to  get  comnussions.  iMr.  Hertz  said  so,  and  said  he  had  instruc- 
tions from  the  British  government  to  that  effect,  and  that  he  would  re- 
ceive head-money  for  the  men.  He  mentioned  Howe  and  Crampton  as 
litTsoiis  from  whom  lie  received  it. 

Q.  Did  he  mention  any  other  ? — A.  Not  that  I  know  of. 

Q.  Was  Mr.  Bucknell  known  to  Mr.  Hertz  ? — A.  He  did  not 
[-02]   mention  him  as  a  person  engaged  in  it,  or  who  had  engaged  him  *itt 
it. 
Q.  Did  he  mention  any  other  besides  Mr.  Crampton  and  Mr. 
Ho\vo?_A.  Not  that  I  know  of. 

Q.  Not  that  yon  recollect  ? — A.  I  do  not  recollect  any  other  person. 


il< 


6:>s 


TKEATY    OF   WASHINGTON PAPERS    ACCOMPANYING 


* 


Q.  (Pjiper  sliowii.)  Is  that  the  report  you  made  to  ^Iv.  Crainpton  of 
the  transaction  ' — A.  Tliat  is  the  report  1  made  to  ]\Ir.  Ciainpto'i. 

(J.  Wiis  it  «lelivered  to  him  :' — A.  1  sent  it  to  Wasliin«>t<»n,  but  tlic 
bearer  <li<l  not  liiid  Mr.  Cri:;iipton  tliere.  He  had  at  that  time  ^ioiic  np 
to  Kia{;:ara.  I  sent  a  friend  to  Washington  with  this  rei)ort  to  (Jraiiii)- 
ton,  to  let  him  know  ever.vthinjj-  that  oeenrred. 

Q.  When  he  did  not  find  (Jramptou  in  Washington,  where  (hd  lie 
take  it  to? — A.  He  took  it  to  Xew  York,  and  lett  it  with  .Mr.  kStanlcy. 
the  %iee-eiinsul  there. 

The  report  was  here  given  in  evidence.  It  (jontains  a  full  history  of 
the  transaction  from  the  time  the  witness  (Strobel)  left  Halifax  uiitii  his 
return.     It  is  as  follows: 

To  His  Excellency  Sir  G.\,si'ai{I>  Lk  Maijcitaxt, 

LU'itlciiaiit-fiovvnior  of  Xova  Scolia: 

Siii:  Aftt'i'  liaviiif^  laid  hct'oic!  yon  my  ])laii  for  raising;  trofHtH  for  llic  British  nriny  in 
the  I'liitcil  Slates  aiul  on  tlio  Canada  frontier,  I  received  from  yo-i,  at  tint  l'r()viii(i:il 
Jjuildinji.  Halifax,  Nova  Scotia,  in  the  jiresenee  of  hi.s  excellency  Mr.  Cramiiton,  ii:inis- 
ter  from  (jireat  I'rilain  to  the  United  States,  Jlr.  Preston,  lieutenant  Hev<'nty-sixtii  rt;;i- 

meiit,  and  oflit'crs  of  the  forei^jn  legion,  the  followin;^  instructions: 
[ii93]       "You  will  rei)air  imnn'diately  to  th(!  I'liited  States.  aeconii)a*nied  and  iissistid 

l»y  ])rs.  Asehenfelil  and  Keuss,  Lieutenant  Shuman,  Mr.  Mirliack,  and  fniuiKin- 
commissioned  olliceis,  to  raise  men  for  thc^  Mrilisli  army  within  the  jurisdiction  of  that 
Government.  Yon  will,  in  accordance  with  your  plan  snlnnitted  to  me.  station  said 
otlicers  and  noii-eomnussione<l  at  the  jxysts  agreed  upon,  nnh.'ss  it  may,  in  your  JimIi;- 
nient,  a]>iiear  expedient  to  alter  the  details  of  said  plan.  You  arc  also  authorizrd  \,t 
ordtjr  hack  to  Halifax  any  of  your  assistants  who  may,  in  your  oiiiniou,  he  incoiiipi'- 
tent  for  the  service,  or  who  nniy  neglect  the  duty  assigned  to  them.  You  will  reciivc 
traveling  ex]>enses  for  yourself,  oilic^ers,  and  non-commissioiu'd  oHicers,  also,  bcfoiv 
leaving  Halifax,  tht;  half-imuithly  pay,  as  per  estinnites,  in  advance,  for  othcers  iiinl 
men.  At  tin;  expiration  of  the  half-month  you  are  authorized  to  draw  from  Mi,  I'lis- 
ton  tilt!  half-monthly  jiay  again  in  advance,  and  so  on.  You  are  further  authoiizwi  to 
draw  on  Mr.  Preston  for  such  snnis  as  yon  may  r«'<iiiire  for  the  transportation  of  iinii, 
liead-inoiiey,  »S:c.  Yon  will  receive  all  orders  from  nie  through  Mr.  Preston,  wlioiii  vdii 
will  coii>ider  as  my  acting  aid-dc-camp  in  this  matter,  and  you  will  he  the  niediiiin  tn 
transmit  those  orders  to  your  olJicers,  so  that  there,  can  be  neither  interference  with 
iior  interruption  of  the  plans  laid  down  hy  you.  Mr.  Preston  will  he  comniaiuliiij; 
olliccr  of  the  recrnitlug  de])ot  at  Niagara  town.  You  will  exercise  no  interfereiice  with 
the  transmission  of  nuMi  from  Niagara  to  Halifax,  t)ut  will  coutine  yourstdf  strictl.T  tn 

the  duty  of  obtaining  men  in  t\ui  United  States,  and  ot'ibrwarding  t\u'.  siuiie  to 
[21'4]  Mr.  Preston,  at  Niagara.     You  are  authoiized  to  ""employ  such  assistants  as  ymi, 

in  your. judgment,  may  deem  necessary,  and  are  further  empowered  to  stiitc,  in 
my  name,  to  any  gentleman  Icinging  a  certain  number  of  men,  say  P20,  that  they  will 
receive  from  the  Pritisli  govtnnment  commissions  as  captains  in  the  foreign  If^'imi, 
ami  others  ditferen!  commissions,  in  jyroportiou  to  the  nnmb(!r  of  men  tln-y  may  hriii;;.' 
In  accordance  with  the  almve  instructions,  I  started  from  [lalifax  on  the  loth  of  May, 
occom])aiiied  by  my  oflicers,  as  a))ove  nientioiie<l.  At  Windsor,  Nova  Scotia,  I  fell  in 
with  his  excellency  Mr.  Crampton,  Lieutenant  Preston,  ami  Captain  Howls,  who  had 
left  Halifax  the  same  day.  W«}  traveled  together  to  Portland,  Maine,  where  we  univwl 
on  the  IHth  ultimo.  Mr.  Crami»ton  reqm^sred  me  to  go  with  him  to  Quebec,  Lowci 
C'amnla.  as  he  was  desirous  that  we  should  have  a  perfect  nnderstanding  with,  and  thi' 
full  co-operation  of,  his  excellcmsy  Sir  Edmund  Head,  governor  of  (Janada.  In  (.oiii- 
])liaiice  with  this  request,  I  ordered  my  ollicers  and  non-commissioned  otficers  to  ic|iair 
to  Niagara  Kails,  there  to  await  my  arrival.  We  arrived  at  Quebec  on  the'JOth  ultimo, 
iind  on  the  following  day  were  received  by  his  excellency.  Sir  Eiimund  Head,  and  IhmI 
a  conference  with  him,  in  which  he  olfeied  his  best  assistance  in  forwarding  our  olijiit, 
and  at  once  gave  up  the  barraiiks  at  Niagara  town  as  a  recruiting  depot,  and  aceurd- 
ingly  .sent  for  Major  Elliot,  which  proceedings  detained  u.s  until  the  '2'M  ultimo.  On 
the  evening  of  that  day  Lieutenant  Preston,  Captain  Bowls,  and  myself,  startctl,  in 

eomi>any  with  Major  Elliot,  for  Jlontreal,  where  we  arrived  on  the  nnnniiis"' 
[2i)5]  the  24th  of  May.     Arrangements  *were  then  entered  into  with  Colonel  Dell  in 

regard  to  the'  barracks  at  Niagara  and  La  Prairie.  On  the  followingday  I  staitwl 
alone  for  Niagara  Falls,  Canada  West,  where  I  arrived  on  the  morning  of  the  27tli.  Liiu- 
tenant  Preston  and  Captain  Bowls  started  for  Toronto  on  the  25th,  and  hence  did  not 
arrive  at  Niagara  Falls  till  the  2dth.  These  gentlemen  remained  at  Niagara  Falls  till 
the  ;{Oth,  when  they  took  possession  of  Butler  barracks,  and  the  first  arrangtuit?"''* 
■were  made  for  i'orwai'ding  recruits  to  that  station.    As  your  excellency  will  hereob- 


lNYINO 

[i-.  (.'niiuittoii  of 
^nunpto'i. 
ii){jt<ni,  but  till' 
it  tiiiit'  innw  up 
l)<)rt  to  Cniiiii). 

I,  where  did  Ir. 
th  Mr.  8t;uiU'y, 

full  liistoiy  ot' 
lalifax  uiitiiliis 


lie  Biitisli  iiniiy  in 

,  at  lliti  rroviiiiiiil 

.  C'rampton,  iiiinis- 

si'Vfiity-sixtlii'cj,'!- 

ioiis: 

i*ni('(l  and  assisted 

ai'k,  ami  lour  iimi- 


CDUXTKU   CASE    OF    THE    UNITED    STATES. 


550 


;cvvp.  I  was,  up  totlii.s  iiiDiiicnt,  viz,  tho  :?Oth  or  :?lst  of  May,  niiahlt)  tr>  iiiovo  one  step 
j,i  till'  oltji'nt  ot'  our  »!xpeditioii,  it  liaviiijf  reciiiircd  all  tlio  tiiius  to  arian^i'  the  preliiii- 

iiiaii<'«. 

Oil  till'  samo  day  that  >[r.  Preston  liift  for  Niagara  town,  /  loariioil  from  l>r.  Asi'lii>ii- 
I'lilt  ami  Mr.  Sliiiiiiiiii  that  tlii'  comliict  of  two  of  my  iioii-rDimnissioni'il  ol'lii'i'rs,  Si-r- 
o.Miits  Ii  itli  and  KricLTi'i',  iiiiil  Ic'i'ii  niiwortliy  of  tlm  I'lmtiili'm'i'  ri'ixwn;!  in  tlii'in,  and  I 
J^lH'ii'foii'  dfi'iiifd  it  advisahlf  to  send  fm  said  niiMi  to  Lii'iitcnant  I'ri'stun.  at  Xia;^ara 

t,'\vii.    1  also  flioii;;lit  it  iitM'cs.sary  to  si-ml  to  Niagara  ono  of  my  otlici'rs,  for  a  <lonl»lo 
i..t     ♦..  ....f    <•....  M..    i>....J,t,...  ....  ; ..t. ........ .t^ n...   .. ....:.,.'.!  ,.!•  .;» i    *>.! 


arrival  of  ri'crnits,  and,  <!d, 


nose:  1st,  to  aift  for  Mr.  I'ri'Mton  as  inttM-prctt-r  on  tlit?  .....,,.■.,,   ...■....,.,....,.,*,., 
;is  we  wcri'  nnaUlc,  act  nail  V,  to  enlist  tlii'iiuni  in  Canada.  Idt'iniii'dit  wi'll  that  somo 
:iyi)i  Cii'i'inan  of  cxpfricncc  ami  a^jc  slionld  Im  with  tin'  rt'cn'iiits.icnt  on  to  *l<ct'p  tlicni  in 

*......! 1...  .1 *:.,..(■. *1..,  1 1. ;..    / :i.. 


I'JDj   lil'l  lililil  oi  <-.\|iri  if'iiur  iiilii  ii;^!'  mil  II I II I  on  wii  ii  i  iir  rriMiiii  ^t  .irill  on  i  o     KCfji  i  IK'III  III 

inoiK-rsiiirits,  and  toprnvcnt  any  loss  l»y  di-scrt'on  from  tln'  liarracksm'  in  Innisiln 
iHalifax.  I  ai'(M»nlin<>ly  dt-pntcd  Mr.  Miihack  i"or  tliissi-rvicc,  and,  witii  tiiflicfiisr  per- 
iiiittt'il  iiu<  in  yonr  instructions  of  the  14th  of  May.  was  thcrcfoic  ol)lii;t'd  to  modify  my 
)i];iii  to  suit  this  cmcrfjcncy.  ()n  tln^  :>()th  instant  I  went  with  I^icntcnant  Slinnian  to 
Iliitf.ili).  llaviiijf  visited  some  of  the  localities  in  that  place  iiiid  Fort  ICrie,  on  the  op- 
jiiisiti' sliore  of  the  Nia;;ar.'i  River,  I  j'ave  Lii-iitenant  Shiiman  the  following;'  orders,  in 
;iiii)iil;iiiie  with  tin*  instructions  I  had  received  from  Mr.  (,'rain]iton,  and  wliich  I 
iispcitfully  hejf  leave  to  snhjoin  :  1st.  I  ordered  Mr.  Simnian  to  taU(Mi]>  his  (piartersmi 
till'  Canada  shore,  tit  the  villa<;e  of  Fmt  Erie.  'Jd.  To  have  his  iion-(M)iiiiiiissioned 
nllii'iT,  ('iir])oial  Kaiii])i'r,  stationed  in  I'nll'alo.  I'd.  To  y;o  daily  to  iiiilValo,  and,  in  con- 
iH'ftioii  with  Corporal  Kainper,  tliei'c  to  maki^  such  impiiries  as  mi;;lit  lead  to  the  oli- 
tMiniii.i;  of  nien.  4tli.  To  send  the  men  as  qnicUly  as  he  slionld  olitain  them  to  Lien- 
tiiiaiit  I'leston,  at  Nia<i;ai'a,  iiiid  iit  tln!  same  lime  to  report  to  me  rejinhirly  the  nnmlier 
III  iiirii  olitained,  and  all  circnmslances  relaliiij;'  to  them.  .^tli.  To  tidu^  parlicniar 
imiii.s  to  lay  (Mit  no  moneys  on  the  Amer'-an  side,  lint  whatever  related  to  tl  e  exi>eiidi- 

tail's  to  imlnce  rnnners  to  hri.ij;  im,.  lo  him  should  W  jiositively  and  rij;idly 
['Jl'*]  'traiisjictedon  the  Canadashore;  and  fiirtiier, if  it  were  necessary  tokeepmen  to- 

jji'ther  for  a  longer  term  than  one  day,  to  he  careful  to  doso  without  the  precinctsof 
tlio  United  States.  Tliis  latter  order  is  strictly  in  accordance  with  articles  yd  tnid  *lth  of 
Mr.  Craiupton's  instructions.  On  tiie  saim;  eviniiii};,  Jlay  150,  I  ordered  Dr.  Renss  to 
liiivc  fiU' Detroit,  and  inforiiied  him  that  he  would  ci)-operat(' with  Dr.  Asciieiifeldt, 
will)  would  he  stationed  at  Windsor,  on  the  C'anada  shore  of  the  Detroit  River.     I  also 

licated  to  him,  in  elfect,  tli(>  same  oiders  I  had  already  H'ven  to  Mr.  Slinman. 

o  Nia<;ara  town  to  draw  the  half-monthly  advance  pay  for  otlicers  on  the  :!lsfc 
,.  M..    l>..,...^..,,  ,....c,  .,.,,.1.1..  i-^.  ......  .....  1^1. ,.  .^.........i-  ...i.;..K   r  ..,.,...: i    l... 


I'liiiiiiiinii 

I  wtiit  to  Nia<;ara  town  to  draw  the  half-monthly  advaii(;e  pay  for  otlicers  on  the  :!lsfc 
May.  As  Mr.  I'reston  was  nnahle  to  jiay  nn;  the  amoniit  which  I  re(|nired,  he  j;ave  ino 
liiit  £4(1  sterliny,'.  On  the  1st  June  I  left  Niaj^ara  town,iu;c(nni)iinied  Ijy  Dr.  Aseheiifeldt, 
.ir  Cleveland,  Oliio,  wdiere  I  had  alretidy  statiom-d  Serireant  Harcliet.  ]*a>;siii}r  thronffli 
I'.all'alii,  I  saw  Lieutenant  Shiiman,  and    supplied    him  with    some  money  for  a  few 


t'l 


i><lllil|ll,      1     .".tilXV        l.ili;il  t(;il<l  11  I.     .^lllllllilll,    <lllll       .'Ml  lltMKTil        llllll       \>  It'll       n'lllll^      IIMIIM-^^      iWl      il      l|-\\ 

ilays,  until  I  should  obtain  the  lialaiice  of  the  haif-montlily  jtay  from  >Ir.  I'leston.  On 
i!n;  "Jil  instant  I  saw  Harchet  in  Ch^veland,  and  snp))lie<l  him  witii  as  innih  money  as 
lioiilil  spare.  On  the  M  I  arrived  with  Dr.  Asidieiifeldt  at  Detroit;  I  sjiw  Dr.  Iv'enss 
ami  supplied  him  with  money.  I  then  siijiplied  Dr.  Aseheiifeldt  witii  money,  iind  left 
liiiii  iit  Windsor.  On  the  4th  of  .June  I  aj^ain  startc'd  for  Nia^Ljarii  town,  in  order  to 
ri'i'i.'ive  from  Mr.  I'restou  tin;  halance  of  the  se<tond  half-monthly  jiay,  which,  1  must 
lii'ie  reuiiu'lv,  was  a  most  useless  journey,  both  as  re;;ar(ls  the  expense  iind  the  loss  of 

time.  Had  the  money  heiMi  pro[»erIy  fortlicoinin^jfin  the- lirst  instiince,  thi.sjonrtu'y 
['293]  would  have *be(!n  avoided;  but  I  was  determine<l,  as  I  was  now ol)li<>-ed  to ;;(» there, 

to  make  nseof  tin;  journey  as  a  means  of  ajxain  visitiiifi  thedilfercnt  posts  .and  pay- 
iniftntlie  ottieers  the  balaneeof  their  half-iiKinthly  dues.  In  tliisi  wasa.!;'iin  frustriitt-d 
liy  a  failure  of  the  telef^raph-ollice  in  sendinjn'  me  a  disi)atch  of  Mr.  rreston,  as  a.  check 
liail  already  bticn  sent  by  niiul  for  the  anionnt.  In  spite  of  this,  however,  I  telei>raitlied 
iVoai  Xia;;ara  to  Mr.  Slinman  to  iiu-et  me  at  Chii)pinva  iind  report  to  me  the  result  of 
liisproceedini^s  iu  Bntt'alo.  His  re[)i)rt  was,  nmch  to  my  rei^ret  and  contrary  to  all  my 
•'XlK'ctatiiiiis,  v(!ry  dish<?art(Miini>;,  he  haviiij;  sent  lint  four  or  live  men  to  Nia;;iira. 
Ilaviii;i;  learned  by  letter  from  A'baiiy,  N'ew  York,  tlnit  there  wtis  ti  fair  prospect  at 
tliat  place  of  obtaining  from  iifty  to  one  hnndred  niiMi,  I  ordered  Mr.  Slinman  todirect 
C(ir[Miiiil  Kamjier  to  nnderttdit!  the  whole  business  iu  Hutfalo  and  to  repair  tit  once  to 
Alliaiiy,  there  to  place  himself  in  connection  and  communication  with  the  emigrant 
utiicesaiid  intelligence  dejiots  there,  and  to  use  his  most  strenuous  eiforts  to  obtain  men. 

Also  toeouununicate  with  iiu-at  once  on  the  subject.  As  I  hav<!  al ready  st.i ted,  the 
[■^!)9]  cheek  for  the  lialance  of  the  pay  had  been  sent  to  Windsor  while  I  wtis  *')(  'tmuxitn 

between  that  place  iind  Iwiif^iira.  I  wiis,  therefore,  without  mmiey,  iind  jjiive  Lien- 
ti'iiiuit  fjlnuniin  a  draft  on  Mr.  l'rt!ston  for  £20  sterling,  knowing  that  it  would  recpiiro 
iit  least  three  days  for  me  to  forwiird  the  money  from  Windsor  to  him.     On  iiresmita- 


w% 


500 


THKATV    OF    WASHINGTON — PAI'KKS    ACCOXI'ANVIXG 


n 


)v 


:nf 


"m' 


tlic  follovvin;?  iiutriiinj;,  to  my  iiftor  iiNtonislnncnt,  Mf.  SIminan,  wlio  wjim  kept  liy  Mr. 
I'lTstdii  at  tlic  »lc|M)t,  iiiid  in  ('(iiiiscfiiiciicc  of  it  was  not  aMr  to  set-  liis  men  oil'  at  liiiiiiili, 
a^ain,  nor  to  sn|i|il.v  liini  with  nuMicy,  and  to  giv<-  liini  oi<lc:.s  in  if^anl  to  my  siiidinir 
Mr.  yjiuman  to  Albany,  innl  li'ft  Nia;;iira,  liy  oidci-  of  .Mr.  Trcston.  Tin^  ni^liltiiiii" 
came  into  Windsor  in  sixteen  iionrs  after  my  airival,  l)rin;;iii;!;  me  the  sulijoinnj  mdii 
lV(nn  Mr.  Preston,  nniiked  X.     As  tlieorder  piniiorts  to  have  emanated  trmn  younxiil. 

leney.  I  promptly  olieyed  thesame.  and  sent  .Mr.  .'^iinnnin  to  Clevelanil  for  linciict* 
[HOD]  iUM'onnt,  *at  the  .same  time  t>ivinj;iiini  tliose  of  Drs.  Aseiu-nfehlt,  and  KeM^aiidiiiv 

o\vn,j;ivin^him  no  liutlieroideis,  hnt  simply  tellin;;-  him  to  return  to  .Mr.  i'lcsiim 
as  soon  as  possible.  I  had  reeeived  from  I'michet  the  infornnition  that  niatlcrs  in 
Cleveland  were  as  dishearteiiinff  as  in  ]5ntfalo,  also  sayinj;'  that  a  Mr.  Seyheit,  wlm 
l\eei)s  an  iiit«'llij;{'nee-olliee  there,  was  willing  to  niulertake  the  hnsiness.  if  we  cinild 
station  sonn-  one  at  Fort  .Stanley  for  the  i»nr[i(is(i  of  receivin;;  nn^n  whom  lu^  wmiM 
.send  tiM're.  1  wrote  to  Mr.  I'reston,  reiinestin;;  him  to  send  a  non-eommissioned  dilidr 
or  some  other  peison  to  Fort  Staidey  to  receive  tin;  men  whom  Mr.  Seyl)ert  iiii;;lit 
send.  This  request  was  nnattended  to,  and  Mr.  Freston  did  not  even  eondeseeial  tn 
notice. 

From  all  that  I  eoidd  learn,  Chicii;;o  and  MihvaukcM'  offered  lar<i;e  imlncenn'Mts  us  ;i 
field  for  onr  operations,  and  as  I  thon;;ht  the  port  of  Cleveland  would  have  heeii  pin- 
vided  Ihv  liy  Mr.  FresKm,  in  accordance  with  my  reipu-st,  I  sent  Harchef  on  the  llih 
inst.'int,  in  company  with  another  man,  to  Chica<>'o,  also  Dr.  Feiiss  to  Toleilo.  wliidi 
idace   I   had   myself  visited,  antl  deenn-d  a  jjood  jiort  for  ohtaininj;  men.     1  dirctinl 

Uarchet  to  commnnicate  with  nn*  by  tele^rai»h  or  otherwise  as  soon  as  my 
I  301]  jiresence  and  the  nnjney  for  *  tickets  .shoidd  he  re(inisitu  in  Chicago  for  hriiij;iiig 

men  to  Niagara. 
On  this  d;iy,  the  11th  instant,  ^fr.  Tluio.  A.  Oelilschlajii-r  arrived  at  Windsor  fiom 
Niafj;ara  Falls.  Mr.  Oehlschla;;-er  is  a  {•■entlennm  alieatly  known  to  ^Ir.  CraMiptmi, 
antl  of  whom  Mr.  Cramjiton  and  myself  had  several  conversations.  1  s|ioke  vciy 
favoriihly  of  him,  and  Mr.  Crampton  advised  me  to  obtain  so  valnabh-  an  assistant, 
Jlr.  Oehlschla<;-ei-is  a  Uritish  snbject  by  l»irth,  bein;;  a  native  of  (^m-bec,  Lower  ('.iiukI;!. 
SptNikinji;  (Jernnin  like  a  native,  and  French  with  tlneiwy,  the  valno  of  his  assistiiiici' 
cannot  be  overestimjited.  llavinj;-,  as  I  hav(^  already  stated,  lost  two  non-(•olllllli^- 
sioned  ollicers,  and  havin;^  stationed  one  oHicer  pernnmenlly  with  Mr.  i'reston,  I  lilt 
the  necessity  of  more  assistance,  ami  knowing;  no  ouv.  nmre  comp(.'tcnt,  I  accor(liii;;ly 
wrote  for  him  from  Cleveland  on  the  'Jd  .Inne.  I  renniined  at  Winilsor  the  I'JtIi  .iiid 
VMh  instants,  in  the  ex])ectation  of  reeeivin;^  a  letter  tVom  Barcliet,  an^l  also  antici- 
pating the  retnrn  of  Dr.  KtMiss  from  Toled(»  with  men.  On  the  niorninj;-  of  the  hUli  I 
received  a  letter  from   JJarchet,  statinj;  that  Chica<;o  was  a  capital   place,  and  thiit  ;i 

jireat  many  nu'n  mij^ht  then;  Ik;  obtained,  but  it  would  be  nt^cessary  to  forwiinl 
[30:2]  them   immediately,  as  *it  would   be  impossible  to  kt'cj*  them  lonj;' to,i;i'tlii'r.    I 

accordingly  wrote  at  once  a  letter  to  Mr.  Fri^ston,  reiinestin<j  liim  to  send  iiic 
£100  steilin<;'.  IJefore  this  letter  was  nniiled,  I  received  tin;  toUowin;;-  dispatch  linni 
Mr.  Freston:  "Send  Aschenfeldt  back  immediat(dy.''  I  accordingly  di<i  so,  .sendiii^jtlif 
letter  I  had  written  by  Di'.  Aschenftddt.  On  tin;  followin^j;  day  Dr.  Kenss  returned  tniiii 
T(dedo,  and  bringing  with  him  four  men,  stating  at  tin?  same  time  that  a  lumdu'Vdl' 
from  H(l  to  1(10  men  may  boobtaitu'd  alont?  in  Toledo,  lit;  also  brought  very  good  news 
from  Sandnsky  ami  Monroe.  I  then  re(;eived  a  dispat(di  from  Dr.  Aschenfeldt  saying'. 
'' We  all  go  batdc;  mort;  by  letter."  Having  colle»!ted  some  eleven  men  at  Wiiiilsiii. 
bf^.sith's  seven  alreiuly  forwarded  from  this  )tlace,  to  Niagara,  and  deeming  the  ex[)iMli- 
tion  from  some,  nnkm)wn  cause  (Mitirely  broken  up,  I  telegraphed  to  Mr.  Freston, ask- 
ing  what  I  should  do  with  the  men.  His  answtir  was,  "Forward  unMi.  KlciiII 
Bardlet,  and  return  to-morrow."  Not  comprehending  the  whole  business,  I  diu'iiieil  it 
best  to  repair  at  once  to  Niagara  and  have  the  mystery  cleared  up.  I  iiccordini^ly 
started  the  next  morning,  leaving  Mr.  Oehischlager  in  my  place  at  Windsor.    I  in- 

rived  at  Niagara  on  the  morning  of  the  Ifith.  I  was  cordially  rt^ceived  by  Mi'. 
f:U(;]]  *Frest(ui,  who  informed  me  that,  having  held  several  conversations  with  .Miijor 

Browne,  Mr.  Witdand,  and  other  g(;iitlemen,  he  had  come  to  the  conclusion  that  \vc 
(myself  and  the  oHicers  under  my  charge)  had  neglected  our  duty,  and  that  he  had  two 
charges  in  particular  to  make  against  ine :  1st.  That  I  had  ordered  two  of  my  oHiieis 
to  remain  on  the  Ciiiiada  shore;  2d.  That  I  myself  had  remained  too  long  inactive  at 
Wind.sor,  Camnhi  West.  In  conseiiuence,  he  had  deemed  it  his  duty  to  send  a  disimtch 
to  your  exccdleiicy,  aciiuainting  you  with  said  disposition  oii  our  parts.  That  you  liml 
replied,  directing  him  to  act  on  his  own  responsibility.  That  thus  empowered,  he  had 
deemed  it  proper  to  recall  all  those  employed,  and  to  send  them  back  to  Halifax.  I  in- 
formed Mr.  Freston  that  I  would  at  once  comidy  with  the  order  of  your  excellency;  at 
thesame  time  I  assured  him  of  my  opinion  as  to  the  unadvised  and  rash  proceeilinjislic 
bad  deemed  it  proper  to  adopt,  and  further  expressed  my  belief  iu  his  having  bwii 
influenced  in  these  measures  by  Major  Browne,  Mr.  Wieland  particularly,  and  otliers, 
who  are  anxiouH,  to  iny  perfect  .knowledge,  to  «ditain  commands  in  the  foreign  Icfjioii. 
While  ill  Niagara  town,  I  saw  a  d  spatch  from  this  Mr.  Browue  to  LieuteuautPiestou, 


COUNTKR   CASE    OF    THE    UNITED    STATES. 


561 


[304]  stating  *iu  efToct  tliat  tuy  lettor  to  Mr.  Prostou  on  tlio  llUh  iiistaiit  was  a  falmv 
booil,  and  that  tlioro  was  no  men  in  Chicago  to  ho  sont.  Tho  following  ih,  I  taink, 
the  wording  of  tho  dispatch:  "Tho  fifty  men  a  myth."  Having  some  littlo  porsonal 
liiiniMCHS  in  \VlTid8or,  and  wishing  to  conununicato  with  Mr.  Uohlschlagor,  I  returned 
here  this  morning.  On  my  arrival,  Mr.  Oidilschlagor  informed  mo  th  it,  shortly  after 
mv  departnre  on  the  15th  instant,  a  Mr.  Urowne  arrived  here  from  Mr.  I'restou.  Ho 
rmrcHonted  himself,  or  at  least  led  Mr.  Ooiilschlager  to  believe,  that  he  was  a  major  in 
the  British  service.  Mr.  Oehlschlager,  nnder  sneh  asnpposition,  btUioving  him  to  bo  an 
orticer  in  the  British  army,  and  an  authorized  agunt  of  your  excellency's,  immediately 
gavo  up  tliO  charge  of  the  post  and  of  the  men.  Mr.  IJiowue  sent  the  men  on  to  Niag- 
ara that  evening,  in  charge  of  Dr.  IJeuss,  who  loft  yesterday  for  Halifax.  I  also  found 
here  a  dispatch  from  Chicago,  from  a  man  namtnl  Konen,  (Mnitloyed  by  me  at  that  |)laco, 
which  fully  substantiates  the  good  news  contained  in  Mr.  11  ir(;hot's  letter.  Ft  roads  as 
tollows:  ''Come  here  immediately;  twenty  ready;  tickets  wanted." 

I  have  thus  far,  your  excellency,  attempted  to  give  a  rough  outline  of  what 
[305]  I  have  done  since  *my  dei)arture  from  Halifax,  and  shall  now  leave  it  with  your- 
se'f  to  judge  whether  tho  time  has  been  wantonly  thrown  away,  and  whether 
I  have  neglected  my  duty  or  not.  There  have,  it  is  true,  been  many  causes  which 
havu  rendered  tho  expedition  less  successful  than  I  had  imagined  in  tho  offset,  but 
over  these  circumstances  I  have,  as  you  may  judge  from  tiie  above  statement,  been 
;iliio  to  exercise  but  little  or  no  control.  Busi<les,  your  excellency  will  bo  pleased  to 
take  into  consideration  that  we  have  not  had  more  than  eight  or  nine  working  days 
iif  real  trial.  Wo  did  not  get  fully  into  operation  before  tlio  4th  or  .^)th.  On  tho  7th, 
Mr.  sinnnan  was  withdrawn,  by  order  of  Mr.  Preston.  Not  before  the  t>th  tho  bills 
we  had  printed  were  in  our  Iiands  and  jiosted.  The  10th  was  Suinlay.  On  the  13th 
the  expedition  M'as  virtually  broken  up,  Dr.  Aschenfeldt  recalled,  and  your  excellency 
in  |in38essiou  of  a  dispatch  to  that  efi'ect. 

Thedifticulties  under  which  we  had  to  lal»or  were,  in  tln^  beginning,  very  great.     In 
the  tirst  place,  shortly  before  our  arrival,  tho  navigation  of  the  great  lakes  was  opened, 
aud  thousands  of  men  who  had  been  idle  for  months  were  at  ouco  thrown  into 
[M]  employment.    A  week   before    Mr.  Shuman  arrived  at  IJulfalo,  "six  hundred 
workingmon  had  been  withdrawn  from  that  jdaoo  to  work  on  tho  telegraph 
line  through  Newfoundland.    In  short,  work  was  plenty  and  the  weather  mild;  it  is, 
iheret'ore,  but  little  wonder  that  nnder  such  auspicious  circumstances  we  did  not  suc- 
ceed at  once.    Then  the  Americans  have,  in  every  city   in  whicii   we  have  been,  a 
irtTuiting  otHcor,  where  they  offered  $12  per  month  and  bounty  of  one  hundred  and 
Mxty  acres  of  land,  and  besides  giving  liead-nioney  to  the  runners.    Again,  a  groat 
antipathy  appears  to  prevail  throughout  tho  United  Slates  to  British  service,  and  a 
Jlroiig  mistrust  of  the  whole   jusiness,  fiotu  the  occnrrence  relating  thereto  whicli 
tiiok  place  in  the  Eastern  cities.    These  difticulties  had  to  be  overcome,  and  just  when 
we  arrived  at  a  point  where  tho  pros])ects  began  to  brighten,  and  wo  had  tangible 
hopes  of  our  ultimate  success,  the  wlnde  matter,  as  far  as  ourselves  are  coucernoil,  is 
u'ivi'ii  up,  without  my  being  in  the  slightest  instance  consulted  or  advised  with.    From 
iirtaiu  remarks  of  this  Mr.  Brow  in;,  1  am  led  to  believe  that  the  eoiulnct  of  the  mouoy 
matters  of  thoexpediti(m  has  also  b(!en  calhul  in  (pu'stion.     In  refutation  of  any 
[VI]  such  malignant  charge,  I  respectfully  beg  leave  to  Huljjoin  my  accounts,  aud  *ro- 
(pu!st  tluit  those  of  my  ollieers  may  be  strictly  examined. 
Afi'w  w(vr(ls  in  relation  to  tiie  charge  made  against  me  l)y  Mr.  I'l'i'ston.     The  first  i» 
limply  enough  refuted  by  all  that  part  of  the  uhove  statenient   wliicli  rioters  to  my 
;ir(lep,s  and  instrueti(Uis  to  Dr.  AscIicufeJdt  and  Jlr.   SluiniMn.     Of  tiie  second,  I  have 
Imt  t(t  observe,  that  wIkmi  I  started  from  Halifax  1  was  undca-  the  impnission  that  I 
was  ijiven  charge  of  this  expedition   in   the   United  States,  tliat  I  had  discrelionarj 
imwer  to  take  up  my  headiiuarters  wiicre  I  dei^neil  b(;st,  aud  v.here  I  (iould  most  read- 
ily hrar  fnuii  my  assistants,  and  not  that  my  conduct  was  to  be  subject  to  tiie  espion- 
!.;>' anil  impertinent  interference  of  nnm  of  wlioiii   I  had  no  knowledge  whatever,  in 
I'lmiection  with  this  exptMlitiyn.     I  refer  to  idr.  15ro\vne  and  others.     Nor  can  I  coii- 
"'ive  hi)\v  Mr.  Preston  could  coinmir  sneh  a  j^ross  eri'i)r  as  he  has  done,  in  brealcing  up 
this cxpcilif ion,  without  stronger  and  uiure  salliiient  ri'asons. 

1  have  new  to  make  a  few  remarks  on  Mr.  Prcvston's  conduct  in  counecti«>n  with  this 
ii'.isiui'ss  which,  however  painful  it  may  l)e,  I  <'onsider  it   my  duty  to  your  excellency, 
under  whose  orders  1  have  beiui  engaged   in  tliis  matter,  and  to  myself.     Mr. 
I W]  Preston,  in  the  first  ])lace,  as  early  as  the  7th  inst  mt,  *  violated  the  si>irit  and 
letterof  your  instructions  to  nw,  in  twoiustauces.   First,  by  failing  to  pay  my  draft 
*'Mit  by  Mr.  Shuman,  and;  secondly,  by  sending  Mr.  Shuuiau  down  to  Windsor  vvheu  I 
*  lit  liiiu  to  Albany.    In  short,  I  have  failed  to  meet  from  Mr.  Prest<m  that  conlial  co- 
I'peration  and  friendly  assistance  wliich  I  had  hoped  for,  and  on  which  tho  success  of 
"iich  an  expedition  so  eminently  depends.     I  feel  pleasure,  however,  in  saying  that  I 
can  look  upon  tliis  failure  on  the  part  of  Mr.  Preston  in  no  other  light  than  as  an  error 
•'  jiiilgment,  and  his  being  too  easily  influenced  by  others. 
With  the  above  statement  of  tho  facts  of  the  last  mouth,  and  which  I  am  ready  to 

3Ga 


I 


Kt 


I' 


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ri  >t 


% 


}■'* 


.  - 

f  <r  ? 

k^r 

562 


TREATY    OF    WASHIN(iTON — PAPEUH    ACCOMPANYING 


Bubstantiato  at  any  moment  by  the  tCHtimony  of  my  olllcors  and  otborH,  I  hep  leave  lo 
Hiibmit  tliis  my  roport  to  your  uxcclhMicy'n  kind  (■.onsidoration. 

I  havo  the  honor  to  reinain  your  tsxielltMH-v's  v«^rv  olufdioiit  Horvaiit, 

MAX  FilANZ  OTTO  STUOBKL, 

Captain  Foieiyii  Linion, 
WiNDSon,  C.  W.,  June  18, 1855. 

Mr.  Kemak.  Was  this  paper  over  delivered  ?— A.  It  was  delivered  to 
Mr.  Crainptoii  and  Sir  Gaspard  Lo  IMarcliant. 

Mr.  Van  Dyke.  Did  Mr.  Uertz  say  anything  to  you  in  "efti- 
[309]    eiieo  to  having  tadvertised  in  any  *paper  in  riiiladelphia  .'—A. 
Yes,  sir ;  the  .advertisement  was  in  Mr.  Hertz's  office  in  the  news- 
papers. 

Q.  Did  he  say  anything  to  you  as  to  his  advertising  ? — A.  He  said  lif 
was  obliged  to  luive  it  .idvertised  in  order  to  get  men. 

Q.  What  advertised  i — A.  This  proclamation.  Mr.  Hertz  sent  nieii  to 
the  office  of  the  paper  to  see  if  it  was  advertised. 

Q,  When  was  that? — A.  I  cannot  recollect  the  very  date;  it  was 
before  I  went  away  with  my  company. 

Q.  Do  you  recollect  the  advertisement  i — A.  Yes,  sir  ;  I  recollect  the 
advertisement.  I  have  seen  it  in  the  paper,  but  do  not  recollect  the  very 
day. 

Q.  What  do  you  know  of  Mr.  Hertz  putting  this  (showing  witness  the 
Penusylvanian  containing  the  advertisement)  in  the  paper '/ — A.  >li', 
Herta  says,  "  I  suppose  bj'  this  advertisement  we  would  get  some  men." 

Q.  Where  did  youlast  see  Hertz  before  sailing  from  Philadelphia  with 
your  men  ? — A.  I  saw  Mr.  Hertz  on  the  boat.  He  came  down  in  tlic 
morning  to  the  wharf  where  we  sailed  from,  and  it  was  at  that  very  luo 

ment  that  he  gave  me  the  money,  $25. 
[310]       *Q.  On  the  boat  Delaware,  on  which  you  sailed  on  Sundav  morn- 
ing of  March  10,  1855  ?— A.  Yes,  sir. 

Q.  Will  you  state  to  the  court  and  jury  whether  you  recommended  to 
Mr.  Crampton  a  certain  Colonel  Burgthal  ? 

(Mr.  Remak  objected.    Objection  was  sustained.) 

Q.  (By  Mr.  Van  Dyke.)  Is  there  anything  else  you  recollect  in  con- 
nection with  Mr.  Hertz  that  you  have  not  stated ;  if  there  is,  state  it } 
any  conversations  that  you  had  with  Mr.  Hertz  or  Mr.  Crampton  about 
Mr.  Hertz  being  engaged  in  this  business? — A.  I  remember  a  conversa- 
tion with  Crampton  about  Hertz,  where  Crampton  said  he  believed 

The  question  and  answer  were  ruled  out. 

Q.  Do  you  recollect  any  conversation  Mr.  Hertz  had  with  any  per.son 
or  any  conversation  yon  had  with  him? — A.  I  heard  many  conversations 
of  Mr.  Hertz  with  other  officers  who  left  for  Halifax.  It  was  a  promi.se 
Hertz  made  to  these  men  in  the  name  of  Mr.  Howe,  and,  through  Mr. 
Howe,  in  the  name  of  the  English  government,  to  give  them  commi.ssions 
in  the  foreign  legion  if  they  would  go  to  Halifax,  if  they  were  military 
men  before,  and  so  on  ;  and  when  some  of  them  would  express 
[311]  doubts  on  the  *subject,  Mr.  Hertz  would  try  and  prove  that  he 
had  really  the  power  to  promise. 

Q.  Anything  else  ? — A.  I  remember  there  was  some  money  given  to 
the  men  by  Mr.  Hertz. 

Q.  Which  men  ? — A.  To  the  men  who  enlisted. 

Q.  What  was  money  given  them  for  ? — A.  To  pay  boiird  to  the  very 
day  they  sailed — from  the  time  of  enlistment  to  the  time  of  leaving. 

Q.  Who  paid  for  the  tickets  ? — A.  I  suppose  Mr.  Hertz ;  I  do  not 
know. 

Q.  Who  gave  the  tickets  f — A.  Mr.  Hertz  did. 

Q.  For  the  seventy-eight  you  took  ? — A.  Yes,  sir. 


YING 


COUNTER   CASE    OF    THE    UNITED    .STATKS. 


503 


8,  I  IteR  leave  to 

ant, 
TllOBKI., 

Foreign  Lcijion, 

,9  delivereil  to 

t  you  in  "effr- 
ulelpliia  .'—A. 
;e  ill  the  news- 

A.  lie  «iii<l  lie 

tz  sent  iiu'ii  to 

(late;  it  was 

1  recollect  tlie 
oUect  the  vory 

ng  witness  the 
aper  ?— A.  Mr. 
njet  some  men." 
iladelpliiii  with 
le  down  in  tlic 
t  that  very  mo 

u  Sunday  muni- 

^commended  to 


Bcollect  in  con- 
ere  is,  state  it  v 
rauapton  about 
ber  a  con  ver sa- 
le believed 

itb  any  person 
y  conversatious 
was  a  promise 
d,  through  Mr. 
3m  comniissious 
y  were  military 
would  express 
prove  that  be 

money  given  to 


ird  to  the  very 
of  leaving, 
lertz;  1  do  not 


Q.  You  say  you  had  a  hundred  in  your  company  ;  how  happened  it 
that  you  only  took  that  number?— A.  Afterward  .some  men  were  sent 
from  Philadelphia. 

Q.  How  did  it  happen  tliat  you  lirst  had  oiui  hundred  nu'ii  and  only 
took  seventy  eight  with  you  ? — A.  The  other  parties  came  on  afterward, 
and  were  put  to  my  compauy  as  they  came  on,  particularly  men  from 
riijladclpliia. 

Q.  What  became  of  this  company  ! — A.  It  sailed  on  the  8th  of  August 
for  Portsmouth,  Kngland,  to  ecjuip  for  its  destination. 

Q.  (Cards  shown  witness.)  What  are  these  ? — A.  These  are  the 
[;U2J    cards  which  were  given  to  the  *nien  to  get  a  i)assage  tii  board 
the  boat.     Mr.  Hertz  got  the  cards;  1  do  not  know  where  ho  got 
them  from. 

Q   What  is  that  on  it  ?— A.  It  is  II. 

Q.  Whose  .signature  is  it  ? — A.  Mr.  Hertz. 

Q.  What  is  the  meaning  of  N.  S.  li.  (J.  ? — A.  It  means  Nova  Scotia 
Kailroad  Company,  I  suppo.se.  , 

Tlie  ticket  was  given  in  evidence ;  the  following  is  a  copy. 


N.  S.  It.  C. 
11. 


Q.  Did  you  take  these  tickets  all  the  way  to  Nova  Scotia? — A.  Every 
man  had  one  of  tho.se  tickets,  and  they  passed  him  on  the  boat. 

Cross-examined  by  Mr.  Remak  : 

Q.  Did  you  go  to  see  Mr.  Hertz  of  your  own  notion,  or  did  anybody 
request  you  to  go  and  see  him  I — A.  1  was  requested  jy  Dr.  Diell  to  see 
Mr.  Hertz,  as  1  had  seen  Crampton  only  a  few  weeks  before. 

Q.  Did  you  know  Hertz  before  that  time,  before  Biell  mentioned  his 
name  ?— A.  No,  sir. 

Q.  You  did  not  know  him  at  all  ? — A.  No,  sir. 

Q.  Y'ou  had  already  seen  Mr.  Crampton  at  the  time  Biell  spoke 
[313J   to  you  ? — A.  Y'^es,  sir ;  Biell  told  me  Hertz  had  a  letter  which  •he 
had  shown  him. 

Mr.  Kemak.  There  is  no  u.se  saying  that;  you  saw  Hertz  on  the  10th 
of  March? — A.  Yes,  sir. 

Q.  Where  did  you  see  him  ? — A.  At  his  office,  G8  South  Third  street. 

Q.  Did  you  know  the  business  of  Mr.  Hertz  ? — A.  Yea,  sir ;  he  was 
enlisting  men  for  the  foreign  service;  Mr.  Hertz  himself  said  so  when 
I  came  up  there. 

Q.  Was  it  not  at  his  office  j'ou  said  people  came  in  and  enlisted,  and 
entered  their  names  in  a  book  ? — A.  Yes,  sir. 

Q.  (Showing  book.)  Here  is  the  book  presented  to  you ;  do  you  swear 
that  this  is  the  itlentical  book  you  saw  there  ? — A.  Yes,  sir. 

Q.  Were  all  the  names  here  entered  by  the  persons,  or  by  whom  ?— 
A.  A'^ot  exactly  all  these  names ;  many  of  the  men  signed  the  names 
them.selves,  and  others  could  not  write,  and  Mr.  Hertz  or  somebody- 
wrote  down  the  names. 

Q.  Now,  be  so  good  as  to  describe  this  book ;  does  it  contain  anything 
but  the  names  and  places  of  residence  ? — A.  It  contains  the  names  of 
those  men,  most  of  them  1  took  with  me  as  my  company  to  Halifax. 

Q.  And  contains  the  residence  of  some?— A.  Yes,  sir,  of  some. 
[314]       Q.  It  contains  nothing  else  ? — *A.  It  contained  at  that  time  the 


ti  ' 


m 


'  •ffjl 


■1" 


r)()4 


TRKATY    OF    WASHINGTON 'APKKS    AfrOMPANYINO 


■els'* 


iiamos  of  sovcral  oilicers  williii;;  to  ffo  ;  it  coiitsiiiKs  in>\v  but  those  iiainos' 

Q.  You  say  you  n'ccivt'd  money  IVqiu  Mr.  llert/  ? — A.  Yes,  sir. 

ii,.  For  what  purpose? — A.  1  nuu'ived  money  troiu  Mr.  Hertz,  and 
was  ohli;jfe(l  to  }iive  him  a  kind  ol"  note,  in  whicli  I  stated  I  had  received 
80  uuh'Ii  money,  and  it  wouhl  bo  repaid. 

Q.  (8iio\vin}{  witness  a  paper.)  Is  this  paper  si<fuo«l  by  you  ?•— A. 
Yes,  sir.  . 

Tlie paper  was  read  as  follows: 


I  received  fioni  Mr.  Uertz  S.'.OO  on  iiij  word  of  lioiior. 


MAX.  O.  STKOUKL 


Mr.  llEMAK.  The  fi;j;ures  aie  blotted,  and  it  looks  as  if  it  had  boon 
altered  from  ,*.■>  to  -Sl'."*. 

WiTNKSS.  The  sioimture  is  true,  but  I  believe  the  25  is  false.  I  act- 
ually reet'ived  on  my  word  of  honor,  from  Mr.  Hertz,  $10,  but  I  never 
romend)er  havinj?  j^iven  Hertz  a  reeeiptfor  this  $25  1  received  on  board 
the  boat ;  I  mner  renuMuber,  but  there  is  a  possibility. 

i).  Y'^ou  stated  in  your  examination-inehief  that  you  received  $25  tin? 
day  you  started  ? — A.  Y'es,  sir,  1  received  $25  that  day. 

Q.  You  state  now   you  <lo  not   remember  havinjj  j^iven  a  re- 
[315j    eeiptforit? — *A.  [  (lo  not  remembe)?.     lacknowledjjc  this  sij^niu- 
tur<\    That  mi'.'ht  be  another  note  I  gave  to  Hertz  stating  I  only 
received  $5.    This  is  my  signature. 

Q.  Y'ou  received  $25  on  that  day,  and  this  paper  states  in  numbers 
25  f — A.  It  states  hero  $25.  I  do  not  recollect  signing  anj' ])iii)or  fur 
$25.    I  recollect  saying  to  Mr.  Bucknel'  I  received  that  money. 

Judge  Kane.  Is  this  inateriiVi  ? 

Mr.  Kemak.  It  is  for  tiio  purpose  of  showing  that  money  has  been 
loaned  to  the  witness. 

Q.  Y'ou  say  you  were  present  when  several  dift'erent  men  came  in  at 
diti'erent  times  and  signed  their  names  in  that  book.  What  were  the 
conversations  between  Hertz  and  those  persons? — A.  The  conversation 
was,  that  he  showed  the  parties  the  proclamation  or  advertisement,  and 
he  said  tiiere  is  a  foreign  legion,  as  you  see,  in  llalifax,  and  if  you  feel 
able  and  disposed  to  enter  tliis  foreign  legion  in  Halifax,  I  will  give  you 
the  means  to  goto  Halifax  as  a  soldier  in  that  legion;  that  is,  if  you  are 
willing  to  go  to  Halifax  and  be  enlisted  for  this  foreign  service. 

<ij.  Can  you  swear  that  Hertz  ever  said  to  enlist  as  a  soldier  for  the 
foreign  service  ? — A.  1  can  swear  that  he  said  ho  wanted  tlioin 
[.110]    *to  go  Halifax  for  thepurposeof  enlistingfor  British  service. 

Q.  Did  he  pay  anything  to  them? — A.  He  paid  to  several  ol 
them,  but  iiot  eveiy  ono;  to  some  of  them  he  ])aid  $1,  to  some  25  cents, 
an<l  to  some  50  cents. 

Q.  Do  you  recolku't  the  names  of  any  of  the  men  to  whom  he  gave  '2'> 
cents  ? — A.  To  I'lirde  and  several  otiiers  ;  their  names  are  in  tiie  list. 

Q.  ^Vere  any  of  those  ])eoplc  very  poor  ? — -A.  Y'cs,  sir,  some  of  tiicm 
were. 

Q.  Did  you  know  that  these  people  were  actually  iu  want  of  food  ?— 
A.  Not  in  want  of  food. 

Q.  Do  you  believe  that  these  people  had  any  money  at  all? — A.  I  be- 
lieve they  had  none. 

Q.  Were  they  not  looking  out  for  work  ? — A.  They  had  been  looking 
out  for  work. 

Q.  And  could  they  get  it? — A.  They  said  they  could,  but,  as  tlicy 
were  detained,  they  must  be  paid. 


ING 


COUNTER   CASE    OF    THE    UNITED    STATEH, 


505 


those  names' 
vH,  sir. 

'.   IIlMtZ,  1111(1 

had  letuMvi'd 
}}■  you  ?— A. 


I.  8TUoni;i.. 

■  it  had  been 

false.  I  iU't- 
>,  but  1  iicvci' 
vod  on  hoanl 

eived  .^-*.")  tlie 

jX  givtMi  a  re- 
lj;c  thissij,'ir,i- 
stating'  I  only 

s  in  nnmbors 
any  i)iii)oi'  lor 
110  uey. 

ney  lias  been 

lon  came  in  at 
Hi  at  were  tlio 
;  conversation 
■tiseiuent,  and 
md  if  you  fool 
will  s'iv*'-  you 
is,  if  you  are 
vice. 

)ldier  for  tbo 

wanted  thciii 

1  service. 

to  several  nl 

ome  -5  cents, 

>in  be  gave  21 

in  the  list. 

some  of  them 

mt  of  food  ?- 

ill  ?_A.  I  be- 

been  looking 

but,  as  they 


Q.  They  couhl  jjet  work,  thoy  said  ? — A.  If  they  would  not  h(\  retained. 

*i^.  Ditl  these  people  use  the  word  retairu'd  ? — A.  They  said  they 

[317]    could  ;;et  work  if  they  were  *uot  kept  waitiii^heredoin^jnothlujf, 

and  bein;?  promised   every  day  that  this  vessel   should  sail  ft>r 

Halifax. 

(}.  Thou  these  people  did  n(>t  employ  the  expression  retained""? — A. 
AVell,  they  were  retained. 

Mr.  ItEMAK.  You  have  to  j-ive  tim  conversation  exactly  as  it  took  place; 
be  very  strict ;  what  lan};(uij;e  did  these  peoi»le  speak.' — A.  In  the 
German. 

Q.  Then  they  had  no  idea  of  the  word  ''  retained  .'" — A.  We  have  a 
word  in  (Jerman  that  means  as  much. 

(,).  What  is  it  ?— A.  "Anjieholten." 

Mr.  Remak.  May  it  please  your  honor,  that  word  means  detained. 

Q.  Did  not  tluse  pe()i>le  nu'an  to  say  that  their  time  was  wasted  by 
beiii}?  unem|)loyed  if — A.  No,  sir,  they  said  or  meant,  by  sayiu<^  so,  that 
tlii'ir  time  was  taken  by  Mr.  Hertz. 

Q.  Did  not  some  people  come  into  the  olbce  who  declined  to  go  to 
Halifax  ? — A.  Not  that  i  remember.  Some  of  thei'v  came  once,  but 
never  afterward. 

(),.  What  did  Hertz  say  when  they  decli n  1,  if  you  recollect 
['ilSJ    they  did  de(rline  ? — *A.  I  (lo  not  remember  thit  any  one  declined. 
Q.  Did  3[r.  Hertz  offer  them  anythinf*  the  moment  he  sj)oke 
of  fjoinff  to  Halifax  ? — A.  Not  at  that  moment" 

Q.  Mr.  Hertz  did  not  otter  them  anvthing  when  b-  asked  them  to  go 
to  llalifnx  ?-A.  No,  sir. 

Q.  Di«l  lie  actually  ask  them  to  go  to  Halifax  ? — A.  Yes,  sir. 

'>  Did  he  not  leave  it  optional?  Did  he  not  ii-present  the  matter 
tbat  they  would  get  employment  there  ? 

Witness.  Get  employment  in  Halitax  ? 

^Ir.  Remak.  Some  employment. 

Witness.  No,  sir,  that  could  not  be,  because  this  advertisement  was 
lying  on  the  tal)le,  and  for  that  purpose  the  men  came  up. 

Q.  When  the  men  came  in,  you  say  Hertzdid  not  offer  them  anything; 
when  they  were  ready  to  go  to  Halifax,  what  did  Hertz  say  ? — A.  Mr. 
Hertz  said,  I  have  a  vessel  ready  for  you  to  start  in  a  day  or  so. 

Q.  Did  he  state  for  what  purpose  this  vessel  would  start  ? — A.  For 
conveying  these  men  to  the  foreign  legion  at  Halifax. 
[319]       Q.  You  stated  that  he  gave  some  of  the  *men  $1,  and  some 
'25  cents;  to  how  many  of  the  men  did  he  give  anything  at 
all? — \.  It  is  very  diflicult  to  say. 

Q.  Did  he  give  to  twenty "? — A.  I  suppose  that  is  the  number. 

<i.  Have  you  been  present  every  time  he  gave  these  men  something  ? 
—A.  Not  every  time,  but  he  gave  to  that  many  in  my  i)resence. 

Q.  Then  you  remember  that  he  gave  to  more  tliau  twenty? — A.  Not 
to  more  than  twenty.    I  cannot  say  that  he  gave  to  more  than  twenty. 

Q.  Then  you  do  not  know  if  he  gave  to  any  one  else  i — A.  No,  sir. 

Q.  The  names  you  remember  mention  now. — A.  Barrier,  Blecher, 
Brining,  Foley,  Worrell. 

(The  court  here  overruled  the  question.) 

Q.  You  stated,  in  your  examination  in-chief,  that  some  of  the  men  re- 
ceived money  to  board  ? — A.  Yes,  sir. 

Q.  How  much  did  they  receive  f — A.  I  cannot  tell  whether  Hertz  gave 
three  shillings  or  four  shillings;  to  some  he  gave  three,  some  four,  and 
perhaps  some  a  dollar. 


-,'    ' 


566 


TREATY    OF    WASHINGTON PAPERS   ACCOMPANYING 


« 


'!      i 


^ 

i!i'    • 

"I 

P-Z     V 

i 

%^ 

Riiraberg  and 


mk 


[320]       *Q.  Did  Mr.  Hertz  ever  promise  you  a  commissiou? — A.  Yes, 
sir. 

Q.  Where  did  he  promise  you  ? — A.  In  his  office. 

Q.  lu  whose  presence  "if — A.  In  the  presence  of  Mr 
Lieutenant  Essen. 

Q.  Did  he  show  y<^*u  any  authority  for  doing  so? — A.  I  believed  he 
had,  because  ho  made  me  himself  acquainted  about  the  letters  and 
orders  he  had  received  from  the  British  government,  and  I  showed  bim 
my  letters,  although  I  never  saw  his  letters.    He  promised  me  a  corn 
mission. 

Q.  Did  Mr.  Hertz  derive  any  benefit  from  all  the  transactions  you  know 
of? — A.  I  cannot  tell. 

Q.  You  remember  that  you  said,  in  you  examination-in  chief,  that  Mr. 
Hertz  said  hiniself  that  what  he  had  received  did  not  cover  expenses  !— 
A.  At  that  time. 

Q.  Do  you  know,  from  your  own  knowledge,  that  Hertz  has  received, 
at  any  other  time,  any  more  money '? — A.  I  cannot  swear  that  Hertz  re 
ceived  more  money  than  he  expended,  but  I  can  swear  he  received 
money. 

Q.  Then  he  did  not  derive  any  benefit  from  his  business  trans 
[321]    actions  ? — *A.  I  do  not  know. 

Q.  As  far  as  you  know  ? — As  far  as  I  know,  no ;  but  I  cannot 
see  into  his  business  matters,  certainly. 

Q.  Could  Mr.  Hertz  have  any  direct  benefit  from  the  fact  of  any  of 
those  men  going  to  Halifax? — A.  Yes,  sir. 

Q.  In  what  manner? — A.  He  would  receive  $4  for  every  head. 

Q.  Would  the  $4  come  from  the  man  himself? — A.  No,  sir;  it  wonld 
be  paid  by  the  English  government ;  the  man  could  not  pay,  but  the 
English  government  paid  $4  for  every  head. 

Q.  Can  you  say  whether  any  agreement  has  taken  place  between 
Hertz  and  you,  or  with  any  of  these  men  with  regard  to  the  transaction? 
— A.  Yes,  sir. 

Q.  What  was  the  character  of  it  ? — A.  The  agreement  was,  that  I  take 
this  company  to  Halifax,  and  I  was  introduced  to  the  men  of  the  com 
pany  as  their  captain ;  and  I  had  to  bring  them  up  to  Halifax. 

C.  Did  you  derive  any  benefit  from  this  matter  ?  You  received  money. 
did  you  not  ? — A.  I  received  no  money  except  that  necessary  to  take  the 

men  to  Halifax,  and  their  tickets. 
[322]       ♦  You  received  no  money  ? — A.  No  money  for  myself,  but  money 
to  take  the  men  there  for  the  government. 

Q.  You  I'eceived  no  money  for  yourself? — A.  No  money  for  myself 
from  the  government.  What  I  received  for  doing  this  was  the  connuis- 
sion. 

Q.  Did  j'ou  receive  from  Hertz  any  money  ? — A.  I  received,  as  a  pri 
vate  matter,  $10  from  Hertz;  but  I  received  $25  to  feed  the  men  on  the 
boat. 

Q.  Then,  Mr.  Strobel,  had  you  any  direct  authority  from  the  English 
government  at  the  time? 

Witness.  Direct  authority  to  do  what  ? 

!Mr.  Eemak.  Any  direct  authority  at  all.  I  do  not  care  Avhat  it  is. 
Did  you  hold  any  commission? — A.  Just  the  commission  as  promised 
by  Hertz. 

Q.  You  had  no  commission? — A.  I  had  no  commission  at  that  time. 

Q.  Then  you  cannot  say  you  was  at  the  time  the  representative  ot  the 
English  government  or  agent  of  that  government? — A.  Certainly  i  was 


mi. 


ih 


COUNTER   CASE    OF   THE    TNITED    STATES. 


567 


lumberg  ami 


!lf,  but  inoucy 


insomucli  an  agent  that  I  agreed  with  the  English  government  to  bring 
men  to  Halifax. 

Q.  You  considered  yourself  so? — A.  I  did  not  consider,  I  thought  so. 
Q.  When  did  you  agree  with  the  English  government  if — ♦A. 
323]    So  early  as  the  beginning  of  April,  with  Mr.  Crampton. 

Q.  Did  you  agree  to  take  the  identical  men  you  started  with  ou 
the  25th  of  March  ? — A.  Ko,  sir,  not  those  men,  but  any  men. 

Q.  Then  you  had  no  other  authority  but  what  jou  thought  you  had 
froiu  Hertz,  when  you  took  these  men  ? — A.  Xot  for  bringing  these  very 
men  I  named  here. 

Judge  Kane.  The  witness  says  he  had  authority  from  Mr.  Cramp- 
ton  to  take  such  men  as  should  be  enlisted,  and  that  it  Avas  from  Hertz 
that  he  got  the  directions  of  the  particular  persons  enliste<l  and  who 
were  to  be  carried  on. 

Q.  Did  you  make  any  promise  to  Hertz  in  return  for  the  so-called  au- 
thority he  gave  you  ? — A.  Yes,  sir. 

Q.  What  was  the  promise  ? — A.  I  promised  Mr.  Hertz  that,  upon  arriv- 
ing in  Halifax,  I  would  state  that  Mr.  Hertz  had  sent  these  men,  and 
that  lie  had  a  great  manj-  more  men,  and  had  made  arrangements  with 
parties  in  New  York,  but  was  not  able  to  send  them,  and  1  was  to  secure 
him  every  man  he  sent  from  Philadelphia  to  HalifaK. 

Q.  Did  you  ever  pay  to  Mr.  Hertz  afterward  anything  for  the 


-10 


24]   trouble  he  took  to  send  men  to  Halifax  ? — 'A.  I  did  not. 

Q.  Do  you  know  whether  anybody  else  paid  Hertz  for  the 
trouble  he  took  on  that  day,  or  any  other  time  ? — A.  I  do  not  know ;  I 
know  that  Hertz  received  money  for  the  men  in  New  Y'^ork. 

Q.  Did  you  ever  see  Mr.  Crampton  in  the  presence  of  anybody  else? — 
A.  Yes,  sir. 

Q.  Who  was  present? — A.  I  saw  Mr.  Crampton  in  the  presence  of  Dr. 
Keuss;  for  instance.  Major  Boutz,  Sergeant  Burgit,  and  Hose,  and  others; 
I  traveled  with  Crampton  and  Preston,  in  company  with  other  gentle- 
men, up  to  Quebec  from  Halifax ;  these  instructions  were  in  the  hand- 
writing of  Crampton. 

Q.  1  want  to  know  if  Hertz  ever  read  those  instructions  ? — A.  I  do 
not  know  whether  Mr.  Crampton  sent  him  a  copy  of  them  or  not. 

Q.  Then  you  do  not  know  whether  he  had  ever  any  knowledge  of  these 
instructions  f — A.  They  were  written  after  I  left  here,  and  1  could, 
therefore,  not  tell. 

'325]  ♦Monday's  Proceedings. 

(September  24,  1855. 
Horace  B.  Mann,  sworn. 

Examined  by  'Mr.  Van  Dyke  : 

Question.  Are  you  engaged  in  the  Ponnsylvanian  otlice  .' — Answer. 
Yes,  sir. 

Q.  (Paper  shown  witness.)  Do  you  know  whether  that  advertisement 
was  ordered  to  be  published  there  ? — A.  As  regards  ordering  tiie  adver- 
tisement, I  do  not  know  anything  about,  but  that  is  a  copy  of  the  Penn- 
\vlvanian. 

Q.  Do  you  know  anything  about  the  discontinuing  of  it  ? — A.  Yes,  sir; 
it  was  ordered  to  be  discontinued  by  Mr.  Hertz;  1  discontinued  it  at 
iiis  order. 

Q.  Is  that  the  receipt  for  the  advertisement? — A.  That  is  the  receipt 
for  the  pay  ti^ent  of  that  advertisement ;  Mr.  Magill  is  the  person  who  re  - 


E.     ■•*» 


^i.  I 


•J        .     ? 


568 


TREATY    OF    WASHINGTON PAPERS    ACCOMPANYING 


ceived  the  advertisement;  the  paper  ia  which  it  appears  was  publisbed 

March  16,  and  the  receipt  is  dated  March  15. 
[326]        *  The  receipt  was  here  read  iu  evidence  as  follows : 

PniLADKLPHiA,  MarcJi  15,  ^HGr). 
Lieutenant-Governor  of  Nova  Scotia — 
To  advertising  in  the  Pennsylvanian, 

2  squares  for  one  mouth .^ $5  (i(l 

Received  payment,  for  the  proprietor, 

WM.  MAGILL. 

Max  r.  O.  Strobel,  recalled. 
Examined  by  Mr.  Van  Dyke  : 

Question.  Yon  have  been  sworn  ? — Answer.  Yes,  sir. 

Q.  You  are  acquainted  with  the  handwriting  of  Mr.  Howe  I— A.  I 
have  seen  it. 

Q.  What  position  did  he  hold  in  March  and  February,  1855? — A.  Ho 
was  the  general  agent  of  the  British  government  iu  tho  States  for  tliis 
recruiting. 

Q.  (Paper  shown  witness.)  Will  you  look  at  that  paper  and  say 
Avhether  it  is  in  his  handwriting? — A.  I  believe  it  is  Mr.  Howe's  hand- 
writing; I  have  seen  him  write. 

The  paper  was  here  read  in  evidence,  Mr.  Van  Dyke  stating  it  was  tin; 
original  of  the  advertisement  which  appeared  in  the  papers  in  regard  to 
this  matter.    It  is  as  follows : 

Tlio'lienceuant-governor  of  Nova  Scotia  is  empowered  by  Her  Britamiic  Maj- 
[327]  esty's  government  to  "raise  any  number  of  men  which  may  be  required  toservi' 
iu  the  foreign  legiou. 

Depots  are  established  at  Halifax,  and  all  able-bodied  men,  between  the  ages  oi 
twenty  and  thirty-five,  who  may  present  themselves,  will  be  enlisted. 

The  terms  of  service  will  be  three  or  five  years. 

Officers  who  have  seen  service  are  eligible  for  commissions. 

Surgeons  speaking  the  continentJ^l  languages,  or  some  of  them,  will  be  re(|uire(l. 

Pensions  or  i^ratuities  for  wounds  or  eminent  services  in  the  field  ^^'iU  also  be  given. 

On  the  expiiation  of  the  term  for  which  they  enlist,  the  troops  Avill  be  sent  to  their 
native  countries  or  to  America. 

Q.  You  said  you  are  acquainted  with  Mr.  Crampton's  handvs^riting?— 
A.  Yes,  sir. 

Q.  (Paper  shown.)  Is  that  his  writing? — A.  That  is  Mr.  Crampton's 
handwriting. 

Q.  (By  Mr.  Cuyler.)  You  have  seen  him  write,  you  say  ? — A.  Yes, 
sir. 

The  paper  was  here  read  in  evidence,  as  follows : 

Saturday,  Janunnj  27, 1855. 
Sir:  I  should  be  happy  to  see  you  at  any  time  you  may  choose  to  call,  to-day  or  te- 
nmrrow. 

I  am,  sii,  your  most  obedient  servant, 

JOHN  F.  CRAMPTON. 

Mr.  HKRrz. 


[3?8] 


[•Kuvolopp.] 


J.  F.  C. 


Mr.  Hertz, 

Willard's. 


COUNTER   CASE    OF   THE    UNITED    STATES. 


569 


Q.  (Another  paper  shown.)      Is  that  also  in  Mr.  Cramptou's  hand 
writing? — A.  Yes,  sir,  that  is  Mr.  Cramptou's  luiml writing. 
The  paper,  which  was  read,  is  as  follows: 

Washington,  February  4, 1855. 
Sir:  With  reference  to  our  late  conversation,  I  am  now  enabled  to  give  yoa  some 
more  definite  information  on  the  snhject  to  which  it  related. 
I  am,  sir,  your  obedient  servant, 

.JOHN  F.  CRAMPTON. 
H.  Hertz,  Esq. 

[Euvclope.] 


icon  the  ages  Pt' 


Paid. 

J. 

F. 

C. 

Washington. 

II.  Hkut/,  EiSQ.. 

February  4 

424  Nortli  Twelfth  street, 

D.  C. 

riiil(ulelj)hia. 

Q.  Do  you  know  Mr.  Wilkins's  handwriting  T — A.  Yes,  sir. 

Q.  Is  he  provincial  secretary  ? — A,  Yes,  sir. 

Q.  (Paper  shown  witness.)    Is  that  his  writing  ? — A.  It  is.     I  have 
seen  him  write ;  that  is  his  .signature  on  the  back  of  it. 

Q.  Do  you  know  whether  Hertz  was  in  Halifax  in  June? — A.  Ye.s,  sir, 
he  was  in  Halifax  in  June. 
[329]       Q.  Do  you  recollect  the  day  ?— *  A.  I  cannot  recollect  what  day; 
it  was  in  the  beginning  of  the  month. 

Q.  In  whose  handwriting  is  the  direction  on  the  envelope  ? — A.  I  be- 
lieve it  is  Wilkin.s's  too. 

The  paper,  with  envelope,  was  read  in  evidence  as  follows  : 

rKovixciAi.  Skcuetary's  Office, 

June  11,  1855. 
Sir:  I  am  in  receipt  of  your  letter  of  this  date,  and  am  commanded  by  his  excel- 
lency Sir  Gaspard  Le  Marchant  to  inform  yon  that,  in  reference  to  tbe  claim  atl- 
vanced  in  your  communication,  Mr.  Howe,  previous  to  his  departure  for  England,  dis- 
tinctly stated  to  his  excellency  that  the  moneys  which  you  had  received  on  account 
more  than  canceled  any  claim  that  yon  might  prefer. 

Any  instructions  given  to  Mr.  Howe  by  Sir  Gaspard  will  speak  for  themselves,  while 
Mr,  Howe  will  best  account  for  his  own  acts  on  his  retnrn  from  England. 
In  Ills  absence,  noihing  can  possibly  be  done  by  Sir  Gaspard  in  relation  to  yourseh. 
You  must  consider  this  a  tinal  answer,  given  by  his  excellency's  command. 
I  have  the  honor  to  be,  sir,  your  most  obedient  servant, 

LEWIS  M.  WILKIN8. 
Mr,  H.  Hertz. 


1330] 


"1  Envelope.  1 


[On  Her  Majesty's  service.] 
Mr.  H.  Hertz, 

Provincial  Secretanfs  Office. 


Q.  Are  you  acquainted  with  the  British  secretary  of  legation  ? — A. 
Yes,  air ;  I  have  seen  him. 

Q.  Do  you  know  his  handwriting  ? — A.  I  have  seen  his  writing,  bat 
never  saw  him  write.    I  never  had  any  conversation  with  Mr.  Lumley. 


6ii 


570 


TREATY   OF    WASHINGTON PAPERS   ACCOMPANYING 


I  always  addressed  my  letters  to  Mr.  Orampton  or  Mr.  Liimley.    I  never 
received  any  replies  from  Mr.  Lumley. 

The  defeudaut's  couucel  admit  the  paper  to  be  iu  the  handwriting  of 
Mr.  Lumley,  and  it  is  read  in  evidence  as  follows  : 

Washington,  May  31, 1855. 
Sir  :  In  the  absence  of  Mr.  Crampton,  I  beg  leave  to  acknowledge  the  receipt  of  your 
letter  of  the  20th  instant.  Although  I  am  not  aware  that  I  have  liad  the  advantage  of 
making  your  acquaintance,  I  beg  to  infi)riu  you,  as  secretary  of  H.  M.  legation,  that  no 
charge  against  you  of  the  nature  to  which  you  refer  has  been  made  to  me.  It  is,  there- 
fore, superfluous  to  add  that  I  have  never  expressed  the  opinion  rejiorted  to  you  as 
having  been  used  by  me. 

I  am,  sir,  your  most  obedient  servant, 

T.  SAVILLE  LUMLEY. 


fxn] 


[Envelope] 


}  Paid  T.  S.  L. 

}  Washington, 

I  May  31,  1855. 

I  D.  C. 


Henry  Hkutz, 
424    N.  Twelfth  steet,  below  Coates. 
Philadelphia,  Fa. 


Q.  Did  you  know  the  vice-consul  at  New  York  ? — A.  Yes,  sir. 
Q.  What  is  his  name? — A.  Mr.  Stanley. 

Q.  Do  j'ou  know  his  writing  ? — A.  Yes,  sir  ;  I  have  seen  him  write. 
Q.  (Letter  shown  witness.)    Is  that  a  letter  of  Mr.  Stanley's  ?— A. 
Yes,  sir. 
The  letter  and  envelope  was  read  in  evidence  as  follows  : 

New  Y"ork,  June  19, 1855. 
Sir  :  I  am  obliged  to  yon  for  the  cutting  from  the  newspaper  which  you  forwarded 
with  the  note  of  the  17th,  both  being  received  by  mo  yesterday.  I  do  not  understand  the 
spirit  evinced  by  the  writer  of  the  newspaper  paragraph.  I  am  not  yet  awaro  of  any 
United  States  laws  being  broken  iu  the  matter  to  which  he  has  reference,  and  have  not 
the  slightest  interest  therein. 

Regarding  your  claim  against  the  Nova  Scotia  government,  I  have  not  received  any 
commuaication  from  that  quarter,  as  you  led  me  to  expect  would  be  the  case.  As! 
informed  you  when  in  the  city,  it  is  not  possible  tha    [  should  be  acquainted  with  the 

subject ;  but,  if  so  ordered,  I  shall  be  happy  to  remit  you  the  amoi;ut. 
[332]      I  have  seen  Mr.  Mathew,  who  happened  to  bo  in  New  *York,  being  in  hopes 
that  I  might  procure  through  liim  some  iuformation  whicli  would  aid  you  iu  this 
matter,  but  being  unsuccessful  in  obtaining  any,  it  is  utterly  out  of  my  power  to  for- 
ward your  views. 

Remaiuing  your  obedient  servant, 

C.  H.  STANLEY. 
[Envelope.] 


New  York, 
.)  une 
19 


Mr.  H.  Hertz, 

424  North  12th  street, 

Philadelphia. 


Q.  ^  A  card  here  shown  witness.)  Do  you  recollect  that  card !— A. 
Yes,  sir. 

Q.  It  is  written  in  what  language  T — A.  In  German. 

Q.  Do  you  know  whose  writing  it  is  in? — A.  It  is  a  card  wiitten  by 
Mr.  Benas,  at  the  request  of  Mr.  Hertz. 

Q.  Who  was  Mr.  Benas  ?— A.  He  was  at  that  time  with  Mr.  Hertz. 


COUNTER    CASE    OF   THE    UNITED    STATES. 


571 


.LE  LUMLEY. 


H.  STANLEY. 


Ido  uot  know  ]\[r.  Beuiis  himself.  He  was  with  Mr.  Hertz,  and  this 
was  bronffht  to  me  by  a  man  who  came  up  to  Halifax  and  enlisted  in 
my  company. 

Q.  Did  ho  go  Avitli  you  ? — A.  No,  sir,  he  was  sent  to  my  conipany  at 
Halifax,  by  Mr.  Hertz,  and  he  brought  this  card  to  me,  recommending 
this  man  to  me  as  secretary  of  a  company. 

Q.  This  man  was  enlisted  in  your  company  ? — A.  Yes,  sir. 
Q.  Before  you  left  ? — A.  No,  sir. 
[533]       *Q.  He  came  on  after  the  company  left  here,  then  ?—  A.  Yes, 
sir. 

Q.  (by  Mr.  Cuylek.)  Did  you  see  this  card  written  ?— A.  I  could 
not  have  seen  it  because  I  was  in  Halifax,  and  this  man  brought  it  up 
there. 

Q.  Do  you  know  Mr.  Benas  who  signs  it  ? — A.  I  know  him  now ;  1 
(lid  not  know  him  at  that  time. 

Q.  Are  you  familiar  with  his  writing  ? — A.  I  never  saw  him  writing, 
and  cannot  say  of  my  own  knowledge  that  this  card  is  in  his  writing, 
Imt  it  was  brought  to  me  from  this  very  man. 

(Mr.  Cuyler  objected  to  the  reading  of  the  card  in  evidence.) 

It  was  shown  to  the  jury,  but,  as  it  was  in  German,  few  read  it. 
We  present  a  translation  : 

I  recommend  to  yon  the  bearer  of  tliis  card,  Mr.  Sporer,  an  excellent  and  perfect  pen- 
iimn.  If  it  lies  in  your  power  to  obtain  for  him  a  position  as  clerk  in  your  company, 
voa  will  thereby  greatlv  serve  me. 

M.  BENAS. 

By  request  of  H.  Hertz. 

Q.  Do  you  know  TurnbuU  ? — A.  Yes,  sir. 

Q.  What  was  he  in  June,  1855  ? — A.  He  was  at  that  time  an  agent  for 
Mr.  Crampton. 

Q.  Where  is  he  located? — A.  He  was  sent  to  the  West,  to  Cincinnati, 
to  aid  Colonel  Korponay. 
[334]      *Q.  (Letter  shown  to  witness.)    Is  that  his  letter  to  you  ? — A. 
That  is  Mr.  TurnbulFs  letter  to  me  from  Cincinnati. 

Mr.  Yan  Dyke  offered  the  letter  in  evidence. 

(Mr.  Cuyler  objected.  The  objection  was  sustained,  and  the  letter 
ruled  out.) 

Charles  Eumberg  sworn. 

Examined  by  Mr.  Van  Dyke  : 

Question.  What  is  your  business? — Answer.  I  have  been  editor  of 
the  Philadelphia  German  Democrat,  and  1  am  now  editor  of  a  German 
paper  at  Pottsville,  and  co-editor  of  the  Adopted  American  here. 

Q.  Will  you  state  whether  you  have  ever  been  in  the  army  ? — A.  Yes, 
sir,  I  ha  ».  ..een  in  the  army  of  several  German  states.  I  have  been 
taptalu.    I  came  to  this  country  nine  years  ago. 

Q.  State  whether  you  ever  saw  Mr.  Crampton  ? — A.  1  have  not  seen 
Mr.  Crampton ;  1  have  seen  Mr.  Matthews. 

Q.  Will  you  state  what  took  place  between  you  and  Matthews. — A. 
After  having  read  the  proclamation  and  resolution  of  the  British  gov- 
trniuent  for  enlisting  able-bodied  men  for  the  "  foreign  legion  f ' 

Q.  That  is  the  one  passed  in  rarliament? — A.  Yes,  sir;  asking  for 
recruiting  able-bodied  ii)en  for  the  "  foreign  legion."  I  went  to  Mr. 
Matthews,  and' said  to  him  that  1  could  enlist  from  four  hundred 
[335]  ♦to  five  hundred  men.  Well,  I  made  no  arrangements  in  relation 
to  the  enlistment  with  Mr.  Matthew,  but  I  gave  him  a  letter  to 
fl»e  British  minister  of  foreign  afiairs  in  Loudon,  and  be  told  me  be 
^ould  transmit  it  there. 


ar,.Fa 


¥ 


iprrr 


572 


TKKATY    OF    WASHINGTON PAPERS    ACC0M1*ANYIN(J 


Q.  How  long  after  that  <li(l  you  ace  Mr.  Uowe  ? — A.  Six  or  avthi 
weeks  alter  that. 

Q.  Where  did  you  first  see  hiui  ? — A.  He  came  to  my  oftiee  on  Tlilrd 

street,  ami  askinl  mo  to  ajifree  with  him  as  to  the  terms  for  etdistiii;^  rnon 

for  this  legion,  and  I  replied  to  him  tiiat  I  wouhl  come  on  another  day 

to  see  him  for  the  arrangenuiut  of  that  matter.     I  went  to  him  anil  met 

there  ISIr.  Hertz. 

Q.  Whereat? — A.  Jones's  Hotel. 

Q.  What  took  place  there  ? — A.  After  having  souje  conversation  witli 
him,  I  considered  it  too  hazardous  and  dangerous  to  go  in  that  I'oncerii 
and  then  I  retired.    1  declined  to  engage. 

Q.  Did  you  see  him  afterward  ! — A.  Yes,  sir ;  but  at  that  tinu!  Mr, 
Howe  promised  to  give  me  a  commission  in  the  "  legion.*' 

Q.  Was  Mr.  Hertz  present  at  that  time? — A.  ^Mr.  Hertz  was  present 
at  that  time. 

Q.  W^hat  else  did  he  say  to  you  ? — A.  That  was  all. 

Q.  WMmt  inducement  did  he  hold  out  to  you  in  order  to  get  yoii  to 

go  into  this  business  ? — A.  I  did  not  know  at  that  time  prcciselv 

[336]    that  *the  laws  of  the  United  States  forbid  the  recruiting,  and  not 

believing  that  it  was  against  the  law,  1  would  have  gone  into  it. 

but  after  having  consulte<l  with  many  of  my  friends,  1  came  to  the  res 

.olution  to  decline. 

--Q.  Did  you  see  him  afterward  ? — A.  No,  J  did  not  see  him  after  that. 

(The  original  draught  of  the  proclamation  which  Mr.  Strobel  testified 
was  the  handwriting  of  Mr.  Howe  and  is  given  above — see  page  320  for 
this  paper — was  here  shown  the  witness,  and  the  question  wasasiicdhim 
whether  he  had  ever  seen  it  ?  He  answered,  I  have  seen  that  paper 
before ;  I  have  translated  it,  and  it  has  been  inserted  in  the  Phihulolpliia 
Democrat,  German  ]3emocrat,  and  Free  Tress. 

Q.  Who  asked  you  to  translate  and  in.^ert  it? — A.  Mr.  Heitz. 

Q.  Did  you  ever  go  to  INIr.  Hertz's  olllce  ? — A.  1  have  been  to  it  outc 
or  twice ;  it  was  only  to  see  what  was  going  on. 

Q.  Did  you  ever  go  to  collect  money  for  his  advi'rtisement  ? — A.  ^'o. 
sir ;  I  think  JNlr.  JMurris,  the  clerk,  did  that. 

Q.  What  was  going  on  there  when  you  went  there  ? — A.  1  hiive  seen 
there  many  men,  but  it  was  not  my  business  to  look  at  it. 
|337j         (}.  Did  you  ever  .ask  Hertz,  or  did  he  ever  tell  *you,  witliout 
being  asked,  how  many  men  he  seat  to  Halifax  't — A.  Yes,  sir;  lif 
told  me  he  sent  100  or  so  on  to  Halifax. 

ii.  Di<l  he  say  what  he  sent  them  for  f — A.  No. 

Q.  Did  he  tell  you  who  took  them'f — A.  It  was  ou]y  in  a  conversation 
in  the  street,  and  I  was  not  particular. 

Q.  Did  he  ever  say  anything  to  you  in  reference  to  your  goin.s^  there 
yourself  to  take  the  command  ? — A.  Yes,  sir ;  he  has  told  me  to  go,  and 
1  have  replied  that  I  would  not. 

Q.  How  often  did  you  see  Hertz  in  the  i)resence  of  Howe  ? — A.  I  be- 
lieve twice. 

Q.  When  was  the  second  time  ? — A.  That  w  as  when  I  declined. 

Q.  Was  Mr.  Hertz  with  Howe  when  you  saw  him  at  your  office  '— A- 
No,  sir;  there  was  nobody  with  him. 

Q.  You  only  saw  him  then  once  at  your  oftice  and  once  in  the  preseuee 
of  Mr.  Hertz,  at  Jones's  Hotel  ? — A.  Yes,  sir. 

Cross-examination  by  Mr.  Eemak  : 
Q.  Did  you  not  know  Hertz  before  Howe  introduced  him  ? — A.  Yes, 
(Bir;  I  have  spoken  to  him. 


COUNTER    CASE    OF    THE    UNITED    STATES. 


573 


thiit  time  Mr. 
tz  was  present 


inent  ? — A.  ^'<). 


a  couversatiou 


I  ill  tUe  preseme 


Q.  You  liavo  stated  that  at  first  you  wore  *inclino(l  to  go  into 
this  matter.    Did  not  you  write  in  your  paper  articles  in  favor  of 
the  "foreign  legation?" — A.  No,  sir. 
Q.  J)id  not  your  paper  contain  such  articles  ? — A.  I  believe  not. 
Q.  Do  you  not  remember  that  the  democratic  i)aper,  at  whose  bead 
you  were  at  the  time,  had  articles  against  it  1 — A.  1  believe  it  had  articles 
against  it. 

Q.  And  wjis  not  you  yourself  in  favor  of  this  •'  foreign  league?" — A. 
}Io,  sir,  I  was  not  in  favor  of  it. 

Q.  Did  you  not  induce  Hertz  to  put  in  that  advertisement  ? — A.  No, 
sir;  lie  <lesired  me.    I  translated  it. 

Q.  Did  you  not  go  to  Mr.  Howe,  in  order  to  induce  him  to  do  some- 
thing in  relation  to  this  translation  1 — A.  Not  to  my  recollection ;  nothing 
oftiiekind. 

Mr.  Van  Dyke  here  showed  witness  an  advertisement  in  a  German 
paper,  and  asked  him  whether  it  was  a  translation  of  the  original  paper 
which  was  handed  him  ? — A.  It  is  the  translation. 

Q.  You  put  that  in  at  whose  request? — A.  For  a  month,  [  think. 
W]      Q.  Who  asked  you  to  i)ublishit? — *A.  I  published  it  at  the 

request  of  Mr.  Hertz. 
Q.  (By  Mr.  Cuylek.)  Where  did  he.  Hertz,  ask  you  to  translate  it! — 
A.  He  asked  me  to  translate  it,  and  insej^-t  it  in  our  paper. 

Q.  (liy  Mr.  Cuyleb.)  At  what  place  did  he  ask  you  that  ? — A.  I 
iememl)er  not,  but  I  believe  it  was  in  his  office. 

Mr.  CuYLEii.  \'ou  are  jierfectly  sure  uiiat  Hertz  asked  you? — A.  1 
,1111  suio  Hertz  asked  me  to  translate  it,  and  insert  it  in  the  Free  Dress 
and  Pliiladelphia  Democrat. 
Mr.  Cuyleb.  Did  Hertz  personally  himself  ask  you  ? — A.  Yes,  sir. 
Mr.  V^ui  Dyke  here  gave  in  evidence  the  German  translation  of  the 
original  proclamation,  as  published  in  tiie  German  papers  of  this  city. 
The, oiij^inal  can  be  found  in  Strobel's  testimony,  on  page  3-J(J. 

Thomas  L.  Bucknell  sworn. 

Examined  by  Mr.  Yan  Dyke  : 

(Question.  WMll  you  state  to  the  court  and  jury  all  you  know  of  this 
;  110]  matter? — Answer.  Well,  on  the  IStli  of  March  itwas  I  *heard  that 
the  Hon.  Joseph  Howe,  who  was  either  jnesident  or  director  of  the 
raihoads  in  the  iirovince,  was  in  New  York,  and  I  went  on  in  the  5  o'clock 
train.  I  wished  to  see  the  procession  of  the  17th  of  March,  '•  Saint 
Patrick's  day,"  and  I  thought  I  might  see  both  together.  I  saw  him  at 
iKill'past  li  o'clock  on  the  KJtli,  at  J)elin()iiico's  Hotel.  I  spoke  to  him 
otwhat  1  had  visited  New  Y'oik  for,  and  he  told  me  would  see  me  again, 
ami  see  what  he  could  do  ab.ut  giving  me  employment  as  civil  engineer. 
He  said,  You  can  be  of  use  to  me  in  one  or  two  matters  while  in  the  city ; 
lie  gave  me  some  ten  sovereigns,  I  tliink,  to  go  to  bank  to  get  changed 
into  American  money,  and  buy  some  stationery.  Well,  I  bought  the 
stationery,  and  got  the  money  changed,  and  went  back  and  gave  the 
money  np,  and  that  was  the  last  I  saw  of  him  on  that  day.  On  the  17th, 
I  called  again,  and  he  asked  me  to  dine  with  him;  I  dined  with  him 
abont  half  past  4,  and  showed  him  my  testimonials  froiu  dilferent  engi- 
neers. Two  or  three  gentlemen  came  in  while  at  dinner,  and  the  con- 
v'Tsatiou  stopped  about  what  he  could  do  for  me.  I  do  not  think  I  saM 
him  then  until  Monday,  and  he  asked  me,  if  in  the  course  ot  my 
walks  ♦through  the  city  I  would  call  for  him  at  the  Metropolitan 
Uotel,  and  see  if  there  were  any  letters  for  him.    I  called  there, 


wr 


'  ..  If 
■*  ■' t  - 
9  ft,  i 


574 


TREATY    OF    WASHINGTON PAPERS    ACCOMPANYING 


•  mm 


and  got  two  letters  and  brought  tbem  to  him ;  he  had  gone  out  for  tlio 
evening,  and  I  left  them  with  the  bookkeeper;  I  forget  now  whether  I 
sent  them  up  to  his  room  or  left  them  with  the  book-keeper;  I  called 
next  day,  I  think  it  was  on  Tuesday,  and  he  .asked  me  whether  I  would 
like  to  go  on  to  Philadelphia  and  Washington  ;  I  said  it  was  all  the  saiuo 
to  me  where  1  go,  for  1  have  nothing  else  to  do ;  so  he  gave  me  a  parcel 
tied  up — I  don't  know  whether  it  was  directed  or  not — to  leave  witli 
a  man  by  the  nanie  of  Hertz,  at  No.  08  South  Third  street,  Phila- 
delphia; I  brought  the  parcel  on,  and  called  next  morning  at  N^o.  08 
South  Third  street,  and  asked  if  there  was  a  man  by  the  name  of  P.ertz 
there;  there  was  a  small-sized  man  in  the  room,  and  he  said  that  Mr. 
Hertz  was  in  the  next  room,  and  he  would  call  him ;  he  called  him,  and 
he  came  out  and  said,  I  am  Hertz;  I  then  said,  the  Hon.  Joseph  iJowe 
directed  me  to  leave  this  with  you,  and  you  will  ple.ase  give  me  a  re- 
ceipt for  it ;  I  then  left  the  parcel.  That  was  all  the  conversation  I 
had  with  him  on  that  occasion ;  I  left  his  oGice,  and  went  with 
[.342J    *some  printed  or  sealed  documents  to  Washington. 

Q.  From  him  ? — No,  sir ;  from  Howe.  I  did  not  get  any  answer 
to  those ;  1  came  back  again.  The  sealed  documents  were  directed  to  Mr. 
Crampton.  He,  Mr.'Crampton,  asked  me  when  I  left  New  York.  I  told 
him  about  leaving  this  parcel  at  Hertz's,  and  he  told  me  he  would  recom- 
mend me  to  call  back  that  way  and  get  it  again. 

.Q.  You  are  sure  it  was  him  f — A.  Yes,  sir ;  1  am  certain.  He  told  me 
to  call  that  way  again.  I  called  .at  Hertz's  office  on  my  way  back,  and 
gave  him  the  receipt  I  had  taken  for  the  papers,  and  took  away  the 
papers  I  had  left  at  his  office.  That  was  the  last  1  saw  of  Hertz  until  1 
saw  him  at  the  office. 

Q.  What  papers  were  they  ? — They  are  the  printed  circulars  that 
came  from  Halifax;  the  circulars  with  the  British  coat  of  arms  upon  it. 

Judgt'  Kane.  The  witness  spoke  of  that  as  an  inclosed  parcel. 

Witness.  There  was  no  cover  on  it;  there  was  only  a  piece  of  twiue 

around  the  parcel,  and  I  could  see  what  they  were.    I  took  tbem 

[343]    when  I  came  back,  and  rolled  them  up  myself,  *and  brought  tbem 

back  to  New  York.    (Circular  shown  witness  with  the  British 

coat  of  arms  upon  it,  a  copy  of  which  is  already  published.    See  coin 

on  page  15.)    That  is  the  circular  I  saw. 

Q.  You  went  back  to  New  York  after  that? — A. 

Q.  Did  you  see  Howe  ? — A.  Yes,  sir. 

Q.  Were  you  there  when  Mr.  Strobel  came  ? — A. 
Strobel. 

Q.  Did  you  give  him  any  money? — A.  No,  sir;  not  to  Mr.  Strobel. 
At  the  request  of  Mr.  Howe,  I  gave  $100  to  Mr.  Hertz. 

Q.  To  Mr.  Strobel  and  him  together  ? — A.  Yes,  sir. 

Q.  At  the  Astor  House  ? — A.  No,  sir ;  at  Delmonico's. 

Q.  What  did  Hertz  do  with  the  money? — A.  I  do  not  much  mind. 

Q.  Did  you  see  wh.at  he  did  with  it  ? — A.  I  saw  him  get  a  receipt  for 
part  of  it  from  Mr.  Strobel;  I  believe  it  was  $80. 

Q.  Did  you  see  the  men  that  Strobel  had  there  ? — A.  No,  sir. 

Magnus  Benas  affirmed. 

Examined  by  Mr.  Van  D^  ke  : 
[344]       *Que8tion.  Where  do  you  live ?— Answer.  No.  218  North  Fourth 

street.    My  business  is  pocket-book  making.    I  know  Hertz. 
Q.  State  what  you  saw  in  reference  to  these  enlistments. — A.  I  got 
acquainted  with  Hertz  about  eight  days  before  he  was  arrested.    I  wi'* 


Yes,  sir. 

Yes,  sir ;  I  saw  Mr. 


COUNTER   CASE    OF    THE    UNITED    STATES. 


575 


down  at  the  wliarf  as  the  steamer  Saiiford  left,  and  I  was  in  his  office 
oa  the  same  day  and  afterward.    1  got  in  his  employ  about  a  week 
iifterward. 
Q.  You  got  in  Ilertz's  office? — A.  Yes,  sir;  in  Mr.  Hertz's  employ. 
Q.  About  eight  days  before  he  was  arrested? — A.  No,  sir;  after  he 
was  arrested  ;  about  the  2d  of  April. 
Q.  Still  in  the  same  office  ? — A.  Yes,  sir. 

Q.  Well,  then,  what  did  he  engage  you  for  ? — A.  Well,  for  transacting: 
his  business.    It  was  a  commission  office. 

Q.  Did  you  write  that  card  to  Halifax  at  his  request? — A.  I  wrote 
that  card  on  my  own  account.    It  Avas  for  an  acquaintance  of  mine,  and 

I  wrote  it  on  my  own  account. 
[345]       Q.  Do  you  know  anything  about  the  office  *for  recruiting,  and 
Mr.  Hertz's  connection  with  it? — A.  Well,  I  heard  something, 
but  I  (lid  not  know  anything  before. 

Q.  Did  he  tell  you  anything  about  the  oflice  kept  by  the  Baron  Von 
Schwatzenhorn  ?  State  what  you  know  about  Hertz  engaging  Vou 
Schwatzenhorn. — A.  There  was  a  conversation  between  the  Baron  Von 
Schwatzenhorn  and  Hertz. 

By  Mr.  Cuyler.  In  your  presence  ? — A.  Yes,  sir ;  they  met  at  08 
South  Third  street,  and  agreed  that  Von  Schwatzenhorn  should  see  to 
srettiiig  the  men,  and  Hertz  procured  the  vessels  to  bring  them  to  Hali- 
fax, and  accordingly  Hertz  sent  me  at  different  times  to  the  office  of  the 
English  consul  to  inquire  about  vessels  loading  for  Halifax,  merchant- 
vessels,  mostly  schooners. 

Q.  That  was  for  the  men  whom  Baron  Von  Schwatzenhorn  was  get- 
ting?—A.  Yes,  sir.  I  was  about  four  or  five  times  in  the  office,  and 
about  ftve  vessels ;  two  of  the  vessels  I  recollect  the  names  of;  they  were 
the  Gold  Hunter  and  Boneita. 

Q.  Were  men  sent  in  these  vessels  ? — A.  Y'es,  sir  ;  they  were 
[34GJ    sailing-vessels,  direct  *for  Halifax. 

Q.  Were  they  English  vessels  ? — A.  Y'es,  sir,  I  guess  so ;  I  do 
not  know  sure. 

Q.  Did  you  see  any  of  the  vessels? — A.  Yes,  sir,  I  saw  them  all. 

Q.  Did  you  see  the  names  of  any  of  them  ? — A.  Y'^es,  sir,  I  told  you. 

Q.  Where  did  they  hail  from  ? — A.  I  do  not  know. 

(}.  How  many  men  did  you  ever  see  off  in  a  vessel  ? — A.  I  saw  them 
off,  once  four  men  and  another  time  six,  but  never  more  than  six  were 
in  one  vessel. 

Q.  What  was  the  character  of  these  vessels  ? — A.  They  were  schoon- 
ers. 

Q.  Was  it  at  the  request  of  Hertz  that  you  went  to  the  British  con- 
sul's to  know  when  merchant-vessels  were  going  to  sail,  for  the  purpose 
nf  seudiug  the  men  Baron  Von  Schwatzenhorn  had  engaged  ? — A.  Yes^ 
sir. 

Q.  Where  did  the  Baron  Von  Schwatzenhorn  keep  his  office  ? — A.  He 
lived  at  the  corner  of  Fourth  and  Brown. 
[^4T]       Q.  This  was  after  the  arrest  of  Hertz  ? — *  A.  Yes,  sir,  it  was. 

Q.  Do  you  know  at  whose  request  the  baron  commenced  to 
engage  men  ? — A.  I  do  not  know. 

Q.  (Card  shown  witness,  a  translation  of  which  is  published  at  bottom 
I  of  page  333,  ante.)    Look  at  the  bottom  of  that  card,  and  say  if  you  have 
•lot  stated  at  whose  request  you  wrote  it. — A.  I  did  it  of  my  own  accord,, 
i  and  wrote  that  down  to  let  Mr.  Strobel  know  that  I  was  in  the  employ 
i  of  Hertz. 


576 


TREATY    OF    WASHINGTON PAPIJRS    ACCOMPANYING 


t'-:V 


h:    I. 


i;  ■<{' 


r 


Q.  Is  it  not  written  at  tbe  request  of  Mr.  Hertz,  at  the  bottom  ?— A.  I 
wrote  it  so,  but  it  was  on  my  own  account. 

Q.  Do  you  know  Schuniinski? — A.  Yes,  sir,  I  saw  liiin.  Ilo  was  not 
engaged  at  the  request  of  Mr.  Hertz,  but  of  the  Baron  Von  Schwatzeii- 
horn.    He  was  with  the  baron. 

Q.  They  acted  together  f — A.  Yes,  sir. 

Q.  Do  you  know  how  many  men  the  baron  got  altogether  ?— A.  No, 
sir,  I  do  not  know;  I  guess  about  twenty  or  twenty-six;  I  cannot  tell  for 

sure. 
[348]        Q.  Did  Hertz  ever  tell  you  how  many  *men  he  sent  altogether? 
— A.  No,  sir. 

Cross-examined  by  Mr.  Remak  : 

Q.  Mr.  Baron  Von  Schwatzenhoru  was  not  requested,  then,  by  Mr. 
Hertz  to  send  men  ? — A.  No,  sir. 

Q.  Do  you  know  VVinsor  and  other  gentlemen  who  procured  the  ves- 
sels ? — A.  I  do  not  know  anything  about  it. 

Q.  Was  Mr.  Hertz  exactly  iu  the  position  of  Winsor  and  other  gea- 
tlemen  who  had  vessels  at  their  disposal  ? — A.  I  do  not  know;  Mr.  Hertz 
sent  me  to  the  English  consul  to  inquire  about  vessels  loading  for  Hull- 
fax;  that  is  all  I  know.  I  know  they  were  for  sending  the  men  to  Hali- 
fax that  the  Baron  Von  Schwatzenhoru  procured. 

Q.  Did  you  not  know  that  the  baron  was  indicted  in  this  court !— A. 
Yes,  sir,  I  knew  that. 

By  Mr.  Van  Dyke  : 
Q.  Do  you  know  where  he  is  now  ? — A.  In  Halifax. 
Q.  What  is  he  doing? — A.  I  do  not  know. 


I  !' 


*        41 


OnAiiLES  Bbngtiial  sworn. 

This  witness  was  a  German,  who  could  not  speak  English, 
[349]    *aud  Mr.  Theodore  H.  Oehlschlager  Avas  sworn  as  interpreter. 

Examined  by  Mr.  Van  Dyke  : 

Question.  Where  are  you  from? — Answer.  From  Vienna. 

Q.  In  what  service  have  you  been  ? — A.  INIilitary. 

Q.  In  Avhat  military  service  ? — A.  The  Austrian. 

Q.  AVluit  oliicial  position  did  you  hold  ? — A.  I  was  a  niiijor  and 
lieutenant-colonel  in  the  enginoor  service. 

Q.  AVhen  did  von  come  to  this  couutrv? — A.  The  28th  of  September, 
1848. 

Q.  Where  had  you  been  located  with  your  command  before  you  came 
here? — A.  In  Hungary. 

Q.  At  what  place  ? — A.  At  Komorn. 

Q.  Did  you,  at  an3'  time,  see  Mr.  Cram[>ton  in  reference  to  recruiting 
for  the  British  government? — A.  Yes,  sir. 

Q.  State  when  you  lirst  saw  him,  and  how  you  happened  to  go  to 
see  him  ? — A.  I  was  engaged  as  superintendent  on  tlie  raiiaina 
[350]  Kailroad,  but  being  sick,  *returned  to  the  United  States  and 
weiit  to  see  Mr.  Alarcy  and  Mr.  Cushing  and  other  gentlemen, 
and  when  in  Washington  became  acquainted  with  Captaiu  Strobel. 
I  knew  Mr.  Strobel  previous  to  this,  five  years  before.  Mr.  Strobel 
informed  me  that  Mr.  Crampton  was  seeking  officers  for  this  business. 
In  the  end  of  February  I  wentout  with  Mr.  Strobel  to  see  Mr.  Cramptou ; 
I  went  to  Mr.  Cramptou's  with  Mr.  Strobel;  he  was  not  at  home;  he 
was  at  a  dinner  party  at  Mr.  Marcy's ;  I  left  ray  card  there,  and  weut  to 


COUNTEn  CASF,  OK  THE  rXTTED  STATES. 


577 


is  court  ?— A. 


to  n'-ci'iiiting 


Ibltimoro  to  my  family.  Four  or  five  «liiys  afterward  I  rccoivod  a  tole- 
ffiiililiic dispatch  from  .Mr.  (Brampton,  rcqiicstiiiff  mo  to  rotiirii  to  Wash- 
iwjilou  ;  tlic  next  day  1  di<l  so.  I  \v»'iit  over  Www,  and  was  witli  Mr. 
Ciiimploii,  and  hold  a  convorsation  of  ovor  an  hoar  witli  him,  rohitivo 
totliisrccniitinjnfhnsim'ss.  He  made  mo  a  |)ropositioi),  r('qii<'stin<i'  me  to 
cuter  (he  rofifimcnt  as  coloiu'I.  I  ohsorved  to  liim,  tliat  I  wonld  not 
Ciller  th(^  service  unh.'ss  there  was  a  perfect  security  as  to  my  ^jettin;;  a 
comiiiission,  as  I  did  not  wish  again  to  enter  the  service  of  a  (h'spotic 
power. 

(}.  Wliat  do  yon  mean  l»y  "perfect  security?'' — A.  I  mean  a  com- 
mission from  the  (^ueen,  as  no  oiu'  el.se  was  able  to  give  a  commis- 
sion. 
[ioij  *Q.  What  else  occurred? — A.  Tlien  I  came  to  Pliihidelphia 
in  the  beginning  of  .Marcli,  and  saw  Strobe!  here;  I  also  nmde 
tlioiieqnaintan(!e  of  ^\v.  Ilert/.  About  the  lOth  or  12th  of  Maich,  Mr. 
Howe  came  here  ami  visited  me. 

Q.  Did  .Mr.  Howe  call  on  you  of  his  own  accord  ? — A.  He  looked  for 
1110  and  visited  me  of  his  own  accord,  having  heard  from  Afr.  IJumberg 
tlint  I  was  here. 

Q.  State  the  conversation  between  Mr.  Howe  and  you, — A.  He 
iiiiide  the  same  i)ro[>osition.  He  stated  that  he  had  ofticers  here, 
ill  Raltimore,  in  New  York,  in  Chicago,  and  in  different  i)arts  of  the 
cmiiitry.  He  then  told  me  that  he  would  obtain  for  me  a  commis- 
sion; that  he  had  authority  from  Mr.  ('rampt<m  so  to  do.  1  refused  the 
otlcr,  having  other  eniployment  here  at  the  time.  Afterwanl,  3Ir.  Howe 
visited  ine  with  two  or  three  other  gentlemen,  and  invited  me  to  Jones's 
Hotel.  I  went  to  him  and  dined  with  him  and  these  other  gentlemen. 
1  iiil'orined  him  at  dinner  of  my  opinion  in  relation  to  this  recruiting 
business;  that  it  had  been  forbidden  in  the  United  States.  He 
[3.J2]  *showed  me  two  placards,  one  in  (lernmn  and  the  other  in  En- 
glish, and  also  a  journey-(!ard  an«l  ticket,  and  told  me  that  he  did 
iKtt  think  he  could  be  laid  hold  of  in  the  matter. 

-Mr.  IvEMAK.  He  said  that  he  felt  certain  that  nothing  could  be  done 
to  liiiu  ? — A.  That  nothing  couhl  be  done  against  him  in  the  United 
States.  He  also  requested  me,  if  I  came  to  New  York,  to  visit  him  at 
IH'linoiiico's  Hotel.  I  went  there,  but  did  not  middle  any  further 
ill  tlie  matter,  nor  go  to  see  him. 

Q.  Did  you,  at  any  time,  see  Mr.  Hertz, or  have  any  conversation  with 
liiin?— A.  I  saw  Mr.  Hertz  very  often  when  1  came  to  see  Mi.  Jtrobel. 

Q.  Where  at?— A.  Mr.  Hertz's  office  in  Third  street. 

Q.  What  was  he  doing  ? — A.  I  do  not  know  ;  be  was  writing ;  people 
Clime  there  for  him  ;  they  came  to  see  him. 

Q.  Did  Hertz  have  any  conversation  witli  yoti? — A.  I  said  nothing 
toliim;  I  simply  saluted  him. 

Q.  Had  he  any  conversation  with  you  in  reference  to  recruiting 
men  ? — A.  Yes,  sir ;  I  think  be  s|)oke  of  it. 
[353]      •Q.  What  did  he  say  ? — A.  lie  said  that  he  sent  people  to 
Halifax,  but  not  for  military  service ;  that  he  had  a  commission 

to  do  80. 

Q.  What  did  he  send  them  for  ? — A.  I  had  my  opinions  as  to  why 
they  were  sent  there,  but  I  did  not  tell  him,  nor  did  he  tell  me. 

William  Budd  sworn. 

Examined  by  Mr.  Van  Dyke  : 
Question. — Are  you  acquainted  with  Mr.  Hertz  ? — Answer.  Since  the 
13tli  of  March. 
37  A 


Sife? 


578 


THKATV    OF    WASHINGTON PATKHS    A((  OAII'ANVINO 


i'i-     J 


n 


{}.  WIh'io  were  yon  Jiiadc  ac(|uninto«l  with  liiiii  ? — A.  I  was  iiifio 
(liii-cd  t(»  liiin  a.s  the  a<;cnt  in  this  city  t'ur  the  ruernitin^  tor  tiio  loivioi, 
lotion. 

(^.  State  what  took  i>la<'e. 

.ln«lj{e  Kam;.  Wliat  was  the  (^liaraciter  of  the  introthutiou  ? 

Wri'MOSS.  lie  was  iiitrodiicetl  to  nie  as  the  a;;ent,  l>y  my  liiciHl,  Mi. 
Strobel.  We  went  down  there  one  morning',  ami  alter  sonic  prcljini 
nary  conversation  lietween  Ilerl/  and  Slrol»el,he  introdin-ed  uu-  to  liim. 
Strobel  remained  in  tlieoiitsid<'  room,  and  he  asUed  nM>  wIkiIim  | 
[,'ir>4J  wonid  iiii  to  Halifax  ;  he  said  that  he  was  a;;('nt  *of  the  lui(ii.|| 
h'^^ion,  and  asli«'d  nu*  whether  I  had  called  to  ro-eive  iiilorimi. 
tion  aliont  it.  1  told  him  1  had.  lie  then  tohl  me  that  eoiniiiissions 
were  to  lu'  issiu'd  lor  nu'n,  who  woidd  ;;o  on  there,  and  he  sii]i|M)>t.il 
that  1  wonId  ;>et  one.  1  then  ^ave  him  my  addiess,  and  he  i'c(|ii('sttM| 
ine  to  call  ayain,  an<l  he  would  let  me  know  when  the  hist  expcdiiiuii 
started;  to  step  in  every  day  and  se«'  him,  and  see  what  was  ^^oiii;.;  on, 
1  did  so.  lie  enyaj^ed  me  to  f;'o  on  there,  lor  the  jmrpose  of  Dldiiiiiiii;^ 
a  comnussion. 

I}.  State  the  conversation  I'nlly,  that  oct-nrred  between  him  aiidvuii, 
in  referiMM-e  to\onr  j;oiny' there. — A.  Well,  w«'  had  a  yrcal  many  con 
versatiims  ;  ahnost  eveiy  day  \\v  talked  abont  it. 

i).  When  di<l  yon  lirst  a;;ree  with  him  to  yo  to  Halifax  for  the  pariMtsi' 
of  obtaining;  a  comnussion  '.  State  the  conversati<)n  that  tlicii  took 
])lace — A.  I  did  not  ayree  on  the  tirst  intervii'w;  I  told  him  I  would  iliink 
abont  it. 

ii.  What  did  he  say  at  that  interview  '/ — A.  Jle  prondsed  me  a  oom 
mission. 

(f.  Did  he  ask  you  to  {•<)  with  that  view  ? — A.  Yes,  sir,  he  diil, 
[lio'i]  (}.  And  yon  told  him  you  would  rhink  *about  it  .' — A.  Vcs.  sir, 
(}.  AVhut  next  took  place  :' — A.  After  two  or  three  da.vsjic  n.sktil 
me  if  I  had  made  up  my  ndnd  ;  1  told  him  yes,  I  would  f^o  to  Ilalifiix  iiml 
see  what  took  place  when  I  <i()t  there.  Jle  then  intended  to  send  iiu 
with  Captain  Strobel,  but  1  concluded  mtt  to  ix^) ;  there  was  not  iikii 
enoujih  yoiny,  and  1  i)refcrred  to  hear  from  him  an<l  hear  how  he  jiotdii 
when  he  {;ot  there.  It  was  on  a  Sunday  when  he  started,  and  I  did  not 
go  with  him. 

(}.  What  did  yon  do  from  the  Sunday  up  to  the  time  you  started  .'- 
A.  On  ^Moiulay  Ilert/-  was  in  N(nv  York. 

Q.  Who  had  charye  of  the  ollice  while  he  was  gone  to  New  Y(»rk  ,'- 
A.  liosschart  and  myself  were  there,  and  we  took  several  persons  down 
who  came  in  there. 

Q.  Did  you  do  that  at  the  re(iuestof  Hertz  ? — A.  "We  did  at  his  request,  j 

Q.  Who  was  llosscRart  it(;ting  for  ? — A.  I  understood  he  was  aitiii^' 
for  Hertz. 

Q.  Did  you  raise  any  men  in  that  time  ? — A.  About  twenty-five  oi 
thirty. 
[350]        Q.  What  did  you  do   with   them  ?— *A.  The  day  before  uel 
started  they  all  came  there,  and  we  gave  them  tickets  and  tolil[ 
them  to  be  down  at  the  New  York  boat  next  morning.     I  went  down 
there  after  I  received  instructions  from  Hertz  where  to  go  to  iu  >'ew  j 
York. 

Q.  What  instructions  did  you  receive  from  him  I — A.  He  told  nietoj 
go  to  Delmouico's  Hotel,  and  cull  and  see  Bucknell.    We  started,  audj 
did  not  get  any  further  than  the  navy-yard  when  we  were  arrested. 
Q.  You  took  the  men  ? — A.  I  did  not  take  them  j  they  were  dovrn 
the  boat. 


COT'NTnU    CASK    OK    TIIK    TNITKI)    STATI'S. 


579 


Q.  Tlicy  wcro  iti  your  ooinminid  ' — A.  I  Inul  normal  cominuiid.     I  was 
considcicd  iis  h'iidcr  of  tli»'  piiity. 
Q.  IJy  im'iiiiyciiH'iit  with  Ih'it/.  / — A.  Yes,  sir. 

(}.  IIow  iiiiiiiy  liiMl  you  f — A.  Alioiit  thirty  wlicn   we  started. 

'Xu\    I  only  saw  twciv*'  when  tiic  aricst  was  iiiadr.     I  lliiiik  *tlM<ro 

was  thirty.     It  was  on  a  NVcdtu'sday.     f  am   not  siirr  whether 

it  \v;is  on  \Vednes(hiy  Iblhiwin^'  the  Sunday  that  Strolu'l  went  on  with 

men. 

if.  Dill  yon  see  the  men  jjo  on  the  boat? — A.  I  di<l,sir, ami  told  sevj'- 
ml  of  tliein  to  hurry  up  or  tliey  wonhl  lose  llieir  passa;;!'.  I  took  the 
tickets  from  tln-ni  after  we  had  sl:irted  down  the  river. 

{}.  What  l)oat  was'yoii  on  l)oard  .' — A.  Tlie  Dehiwai'e  or  Sandlord — 
one  of  tile  New  York  line.     Tlie  Delaware,  I  think. 

{),  (Tickets  shown  witness  sam«' as  copied  on  payc.'?!!.)  State  whether 
those  iire  tlie  tickets  used  ? — A.  I  do  not  know;  tickets  like  those  tlui 
iiieii  liiid,  and  alter  they  g'ot  on  the  boat  the  (taptain  told  me  tu  muster 
tlicin  iind  tak(^  them  up. 

{}.  Tiiey  ji'ot  those  tickets  from  Mr.  IFertzand  yourself,  you  have  said. 
Where  (lid  yen  j^et  the  tickets  you  j^ave  them  ? — A.  I-'rom  .Mi-,  llert/, 
1111(1  wlicn  the  tickets  were  taken  from  tliem  I  i^.ivo  them  other  tickets, 
which  I  he  clerk  of  the  boat  j^ave  me. 

{}.  Who  settled  with  the  boat  for  those  ti(!kets? — A.  I  do  not  know. 

<^»,  Vou  started  in  the  boat  and  were  jA'oiuy  down  tlie  ri  er  .' — A.  Ye.s, 
sir, 

Q.  What  happened  then  .' — A.  When  I  mustered  them  and 
'!.")S]  found  there  was  *so  few,  I  was  lookin;n'  for  the  rest  when  Mr. 
-lenkins  came  u|)  to  tm'  and  told  uk^  he  won'  like  to  sec  me,  that 
he  liiid  a  warrant  for  me,  and  the  mai'shal  would  be  up  alonjiside  iii  a 
stcaiiilioat  in  a  few  minutes;  I  told  him,  "Very  well;''  they  sciirched  mo 
toi'iiiipers  and  brou'i'ht  me  U|)  to  the  olllce;  1  do  not  recollect  tlii'  names 
of  uiiy  of  t    ('  company. 

(,>.  Had  \()U  a  muster-roll? — A.  T  had. 

<i>.  Where  is  it' — A.  1  rather  think  I  tore  it  up  when  \  was  aire^^tiul. 

<i>.  (l>ook  containing;  the  names  of  the  men  who  eidisted  at  Hertz's 
ntlice  shown.)  Do  you  know  that  '. — A.  Yes,  sir. 

<i'.  What  is  it  ? — A.  1  cannot  say  exactly  whether  it  is  part  of  Stro- 
hd's eoiii]»any  or  mine;  1  rather  think  it  is  mine;  several  of  the  men 
vholiiid  enlisted  to  jjo  with  Strobel's  company  did  not  <;o  with  him  but 
"eiit  with  me,  and  this  list  is  ])art  of  Strobel's  and  part  of  mine,  I 
tliiiik:  I  do  not  know  whose  writin<>'  it  is  in;  Mr.  Hertz  {jfave  me  the 
list, audi  suppose  he  wrote  it;  [  have  .seen  the  book  in  Mr.  Hertz's 
otlico. 

ti>.  (Paper  shown  witness  containinj>a  list  of  names.)  Do  you  know  if 
that  was  the  list  of  your  comi)any  .' — A.  1  think   it  was,  to  best  of  my 
knowledfje,  and  1  think  1  made  those  marks  on  it.     I  had  no  list 
i'Sr)!)]  "besides  this. 

Q.  (Another  paper  shown  witness  similar  to  the  first.)  Is  that  a  copy 
|oftliis?_A.  Yes,  sir,  1  expect  so. 

Mr.  Van  Dyke  here  ottered  in  evidence  the  list  of  names  which  the 
Iwitness  identified  as  containing  the  names  of  the  members  of  this  com- 
Ipany,  from  which  some  of  the  bills  had  been  drawn.  The  list  is  read 
jin  evidence. 

Q.  Do  you  recollect  the  names  ^f  James  Johnson  or  Peter  Mughn? — 
I  A.  1  do  not. 

Q-  Do  you  recollect  Mr.  Buckiiell's  coming  into  the  office  with  the 
Ihamlbills?— A.  Yes,  sir. 


580 


TREATY    OF   WASHINGTON — rAPERS    ACCOMPANYING 


1^  ■  ;-■ 


:  ^ 


Q  J)o  you  know  whotlior  Mr.  IL'itz  took  tliein,  and  what  he  did  with 
them? — (Bill  containinj?  British  coat  of  anns  shown  witness,  same  as 
copied  on  papre  ante  — ,)     Is  that  tlie  bill  '? — A.  Yes,  sir. 

Q.  Wi«at  did  Mr.  Hertz  do  with  them  ? — A.  Several  were  stuck  up 
around  the  otM-;;,  and  on  the  outside,  and  several  were  sent  to  Im-  dls 
tributed.     I  understood  they  were  sent  around  to  the  lager  beer  saloons. 

Q.  AV^hat  became  of  the  bills? — A.  Mr.  IJueknell  took  some  away,  and 

the  rest  were  burn(Hl. 

[300]        Q.  Mow  did  that  happen  ?— *  A.  I  went  in  one  morniuji'  and  saw 

som(>  excitement;  they  were  siiovinjif  the  [Kipers  in  the  stove,  and 

thoy  told  nie  that  Mr.  IjUcknell  had  taken  the  rest  of  them  away  with 

bini. 

Q.  Did  you  ever  see  Mr.  Perkins  in  the  ottioe? — A.  Xo,  sir. 

Q.  What  did  Mr.  llert/  tell  you  was  to  be  the  destination  of  tin- 
men  you  took  ? — A.  Halifax. 

Q.  What  were  they  to  do  there  ? — A.  To  enlist  in  the  foreij,Mi  legion 
if  they  were  found  physically  competent. 

Q.  Was  there  a  physician  at  the  otlice  for  the  purpose  of  exaininin;; 
men  that  came  there  ? — A.  No,  sir. 

Q.  Do  you  know  what  he  was  paid  for  getting-  these  men  ? — A.  I  do 
not  know  the  exact  agreenient. 

Q.  Did  you  ever  see  any  telegra[diing  or  letters  written  by  Mr. 
Hertz  ? — A.  Yes,  sir. 

Q.  State  what  the  telegraph  contained  ? — A.. I  saw  him  write  a  tdi> 
graph  dis|)atch  to  Bucknell ;  he  told  him  to  wait. 

Q.  Did  you  see  any  letters  written  by  Hertz? — A.  Yes,  sir. 

Q.  State  what  it  contained  ? 
(Mr.  Cuyler  objected.) 
[301]    *Q.  To  whom  "was  the  letter  addressed  ?— A.  To  M^.  Bucknell. 

Mr.  Bucknell  was  here  recalled. 

Q.  Have  you  got  that  letter  written  by  Mr.  Hertz  ? — A.  I  never  iv 
member  his  seiuling  one. 

Q.  Did  you  ever  receive  the  telegraphic  dispatch  he  sent  you  ? — A.  >'ot 
that  [  can  remember. 

Mr.  Buud's  examination  continued. 

Q.  State  what  was  in  that  letter? 

(Mr.  Cuyler  objected.) 

Q.  Where  did  yon  last  see  the  letter  ? — A.  On  Mr.  Hertz's  desk. 

Q.  Who  was  at  the  desk  at  that  time? — A.  Mr.  Hertz  himself :  hi 
was  writing  at  the  time. 

Q.  Have  you  seen  it  since  ? — A.  No,  sir, 

Q.  Do  you  know  whether  it  was  ever  put  in  the  post  oflice  .'—A. 
No,  sir. 

By  Mr.  Cuyler:  Have  you  any  knowledge  of  it  except  that  it  wusa 
simple  sheet  of  paper  on  which  he  writing  ? — A.  Yes,  sir,  he  informed 
rae  of  the  nature  of  it,  and  read  part  of  it  to  me. 

Q.  Did  he  give  that  letter  to  you  after  it  was  written  ? — A.  No,  sir, 

Q.  Have  yon  no  knowledge  of  what  became  of  it  ? — A.  No,  sir. 
[362]  Q.  Go  on  and  stale  to  the  best  of  your  knowledge  *and  reeolleo 
tion  what  it  was  that  Mr.  Hertz  wrote  on  that  sheet  of  paper. — A.Mr. 
Hertz  was  writing,  and  I  was  waiting  in  the  outer  office.  He  askeil  me 
how  I  spelt  my  name,  and  told  mo  that  he  was  writing  about  me,  »ntl 
stating  that  I  was  coming  on  next  day.  I  then  went  cronnd  to  where 
be  was  writing,  and  he  aj^aiu  asked  me  how  I  spelt  my  name,  and  I  looke*l 


Ma,. 


OMPAXYIXO 


COUNTER   CASE    OF    THE    UNITED    STATES. 


581 


L.  To  M".  BuckiK'll. 


the  post  office  .'—A. 


iting  about  me, 


over  his  shouhler  and  saw  he  was  writinjj;  to  the  agent  in  Xew  York, 
that  I  was  coniiug  on  with  men,  and  he  hojied,  he  wrote,  that  he  would 
keep  his  word,  and  send  him  on  nu)ney  at  the  rate  of  .^4  for  superior 
brauds,  and  8-  for  inferior  brands. 

Q.  What  did  he  mean  by  superior  and  inferior  brands;  did  he  give 
vou  to  understand  ? — A.  Xo,  sir,  he  did  not.  I  understood  this  per- 
fectly. 

Q.  Did  you  see  liim  writing  a  teh'graphic  dispatch  ? — A.  I  .'iaw  him 
write  a  teh'graph  asking  whether  1  should  come  on  next  day  or  not;  1 
foi^et  who  took  it  to  the  ollice. 

y.  Was  there  anything  in  it  besides  that  ? — A.  He  did  not  u.se  my 
name;  he  asked  whether  he  should  .send  twenty  or  thirty  parcels  next 
day. 

Q.  Do  you  know  whether  he  got  an  answer? — A.  Yes,  sir. 

Q.  Whiit  was  the  answer  ?— A.  "  Ye.s."     It  was  signed  "  iJ."    I  think 
it  wiis  "Yes;  all  right."    It  was  in  the  atliriui  tive.     He  then 
■;}(}3]    told  *me  lo  get  ready  to  go  next  morning. 

(}.  Did  he  say  anything  to  you  In  reference  to  getting  direc- 
tjtins  in  Xew  York  as  to  what  to  do? — A.  He  told  me  I  would  get  direc- 
tions f(ir  money  or  assistance  from  the  agent  at  Delmonico's  Hotel  to 
ItriMced  on  to  Halifax. 

Q.  Did  he  nu'ntion  the  paine  of  the  jer-son  there  ? — A.  He  asked  me 
ulii'tlier  I  would  know  Ducknell  again,  and  I  told  him  yes. 

Q.  Did  Hertz  give  you  any  nuniey  before  you  left  ? — A.  No,  sir. 

{].  Have  v()u  had  any  conversation  with  him  after  your  arrest  ? — A. 
0.  yes. 

Q.  What  was  it  ? — A.  He  said  so  much  I  cannot  state  it. 

(}.  State  what  he  said  in  refereiu-e  to  this  recruiting  business  after 
you  were  arrested  ? — A.  After  they  had  arrested  me,  the  marshal  went 
iiu  shore  and  arrested  Hertz  at  his  otlice,  and  t'  .'y  kept  us  in  the  Dela- 
vrait  a  couple  of  hours,  until  they  had  prei)arations  made  for  our  recep- 
tion. The  dei)uty-marshal  kept  the  boat  out,  and  when  we  canje  up  to 
tb.  office  1  fimnd  Mr.  Hertz  here.  He  said,  "all  right;  I  will  bail  you 
out,"  and  I  did  not  think  anything  more  about  it  until  I  was  com- 
mitted. 
pJW]  Q.  Did  he  say  anything  about  remaining  quiet  .* — *A.  Not 
then  ;  not  until  the  latter  part,  whr-i  I  had  .some  dilliculty  in  pro- 
curing bail. 

Q.  What  did  he  say  to  you  then  ? — A.  He  .said  keep  (juiet;  I  will 
liavi' you  out.  He  afterward  said  .something  about  the  matter;  it  was 
to  keep  my  mouth  shut ;  it  would  be  all  light ;  I  would  be  v. ell  paid 
tor  it. 

Cross-examined  by  ^Ir.  Cuyler: 

Q.  Wiien  was  it  you  wer  >  arrested  '. — A.  I  cannot  exactly  remember 
tbeilav,  but  it  is  very  well  known  ;  1  think  it  was  in  the  latter  part  of 
March. 

<^  Was  there  any  jirevious  communication  between  jourself  and  the 
luited  States  officers  before  the  arrest  ? — A.  None  whatever. 

<^  This  arre.st  was  not,  then,  in  consetjuence  of  any  conversation  be- 
tween yourself  and  the  authorities,  dire(;tly  or  indirectly  ? — A.  No,  sir. 

Q.  Your  arrest  was  a  complete  surpri.se  to  yourself? — A.  Yes,  sir;  to 
Bit.    I  was  totally  unprepared  for  it. 

Q.  Where  did  the  conversation  take  place  when  he  told  you  to  keep 
.vourniouth  shut? — A.  Once  down  in  the  prison  and  once  in  the  com- 
Diissiouer's  office. 


'»'-i 


'    '1 


^^i 


582 


TREATY    OF   WASHINGTON rAPERS   ACCOMPANYING 


Q.  (By  ]\Ir.  Kemak.)  In  wliat  country  were  you  born  / — A.  I  (Icclino 
answering:  tlnit  question,  as  it  implicates  myself.    1  have  been  advised 

to  <lecline  answering  it. 
[3G5]       *Q.  (By  Mr.  Van  Dyke.)  Did  you  ever  state  under  oatli  wboie 
you  were  born  ? — A.  Never. 

Q.  (B.y  :Mr.  Cuyler.)  1>o  1  understand  you  to  say  distinctly  that  to 
answer  tlie  rjuestion,  where  you  were  born,  would  involve  you  in  a  ( rimi- 
nal  prosecution  ? — A.  Ko,  sir;  but  to  answer  whether  I  am  u  citizen  or 
not,  would  involve  me  in  a  prosecution. 

Q.  (By  ]\lr.  liK3iAK.)  Have  you  not  been  arrested  and  held  to  bail 
before  tlie  United  States  commissioner,  Ileazlitt,  on  the  charge  of  liav 
ing  retained  and  hired  men  for  the  foreign  service? — A.  1  believe  so; 
that  is  the  charge  on  which  1  was  arrested  and  held  to  bail  for  a  fiutliei' 
hearing. 

Q.  AVas  you  not  on  the  IHth  of  March,  18."),  a  defendant  from  Com. 
missioner  Ileazlitt;   that  was  the  day  you  were  arrested? — A.  Yes,  sir. 

Q.  Did  you  not  turn  State's  evidence  on  the  28th  of  jNlarch  against 
Hertz  ? — A.  I  believe  that  was  the  lirst  day  I  gave  evidence. 

Q.  Did  you  not  say  before  the  United  States  connnissioner  that  Hertz 
had  ])iomised  you  money  in  case  you  would  keep  your  mouth  shut  .'— 
A.  I  di«l  so  at  that  time. 

Q.  Did  you  not  receive  that  money  because  you  were  in  very  desti 
tute  circumstances  ? — A.  No,  sir  ;  1  did  not. 
[3G0]        Q.  Had  you  any  money  in  your  pocket  at  the  time  *you  were 
in  prison  ? — A.  I  had. 

Q.  How  much  ? — A.  1  had  suflicient. 

Q.  You  stated  in  your  examination-in-chief  that  Strobel  intvodiieod 
you  to  Hertz,  as  an  agent  of  the  English  government;  why  did  yoii  not 
say  so  before  the  United  States  commissioner? — A.  1  said  so  ;  1  do  not 
know  whether  I  used  the  exact  words,  but  to  the  same  sense. 

Q.  It  is  here  in  the  published  report  of  the  i)roceedings,  that  you 
said:  "1  was  introduced  to  Hertz  about  the  loth  of  March,  In  31r, 
Strobel ;  was  introdu  ;ed  to  Hertz  as  the  })ersoi:  ,vho  would  give  me  all 
the  information  about  organizing 
Did  you  not  say  that  l — A.  Yes,  sir. 

Q.  You  said  to-day  that  yon  was  introduced  to  him  as  the  agent  of 
the  English  government, — A.  For  that  purpose. 

Q.  Did  you,  or  did  you  not,  st;'te  before  the  United  States  commis- 
sioner that  Hertz  was  introduced  to  you  as  the  agent  for  the  English 
government  ?  Y'ou  say  now  that  he  was  introduceil  to  you  as  the  iij>('iit 
of  the  English  government. — A.  He  was  introduced  to  me  as  agent  ap 
j)ointe<t  in  this  city  by  ihe  government  for  whom  the  foreign  legion  was 
to  be  raised. 

Q.  Y"ou  said  that  he  was  introduce<l  to  you  there  as  the  person  who 
gave  the  information  ? — A.  In  that  capacity. 
[3G7J        Q.  Y'ou  did  not  employ  the  word  agent? — Y.  I  do  *not recol- 
lect it. 

Q.  I)i<l  you  not  say  before  the  United  States  eonunissioner  that  it 
was  left  optional  to  any  person  coming  into  the  ollice  whether  he  woiiM 
go  to  Halifax  or  not,  or  what  he  woukl  do  there  ? — A.  I  said  tliat  ot 
course  it  was  left  optional  with  the  recruits  to  go  to  Halifax,  but  after 
they  got  there  force  was  to  be  used  to  induce  them  to  enlist. 

Q.  Did  you  then  state  to  the  United  States  commissioner  that  llortz 
was  the  agent  to  enlist  those  persons  for  foreign  service? — A.  1  did  not 
say  so. 


the  foreign  legion  in  Nova  Scotiii 


COUNTER   CASE    OF   THE    UNITED   .STATES. 


583 


(ler  oatli  wboie 


as  the  a  sent  of 


Q,  Did  you  not  state  to  the  United  States  coniraissioTier  that  Hertz 
sent  men  to  Halifax,  and  it  was  iuunaterial  to  him  wliat  they  were  ^o- 
ingto  do  there  ? — A.  I  do  reeoUect  that  Hertz  sent  them  to  Halifax  for 
the  purpose  of  being  enlisteil  in  the  foreifjn  legion  ;  of  course  he  had 
nothing  to  do  with  them  after  they  got  there. 

Q.  Do  you  remember  the  31st  of  INFarch,  when  Richard  Vaux  was 
yonr  counsel,  and  when  Benjamin  ]{ush  made  tiiat  great  speech,  was 
iiot  you  a  defendant  at  the  beginning  of  that  period  ?— A.  I  do  not 
know. 

Mr.  Van  Dyke.  There  is  no  dispute  about  it.  He  was  a  defendant, 
and  \vas  discharged  by  the  commissioner  by  my  direction. 

Mr.  Kemak.     It  is  for  the  jury  to  know,  I  desire  to  know,  whether 
or  not  the  witness,  on  the  31st  of  March,  was  a  defendant,  and 
[308]    had  made  up  his  mind  to  turn  *8tate's  evidence  at  the  time? 

Mr.  Van  Dyke.    1  discharged  him  for  the  puriH)se  of  using 
him  as  a  witness. 

Mr.  Kemak.     1  desire  the  answer  of  the  witne=^^s. 

Witness.  I  think  I  made  up  my  mind;  I  think  so,  I  am  not  positive. 

Q.  Did  not  ]Mr.  Hertz  say  to  you  that  he  had  no  power  whatever  to 
jjive  commissions  ? — A.  He  said  he  had  not  i)0wer  to  issue  commissions 
iiere. 

Q.  He  said  he  had  no  power  to  give  any  commissions  ? — A.  Here 

(}.  })o  you  believe  he  had  any  power  to  do  so  f — A.  1  rr'ally  do  not 
know. 

Q.  Was  Mr.  JStrobel  present  when  you  conversed  with  ^Nlr.  Hertz  i — 
A.  On  some  occasions.  On  the  first  occasion  he  was  ]uesent  during 
only  tlie  first  part  of  the  conversation. 

Q.  Who  else  was  present  ? — A.  Xo  i)erson. 

Q.  Did  not  you  desire  to  see  Mr.  Hertz  yourself  ? — A.  .Vfter  I  was 
intorined  that  he  was  the  general  agent  of  the  English  government,  1 
did. 

Q.  Had  you  a  desire. to  enlist  in  foreign  service? — A.  Xo,  sir;  I  was 
not  going  to  eidist;  I  was  to  receive  a  commission,  not  to  enlist. 

Q.  And  you  say  Hertz  did  not  promise  you  any  commission  at 
[3G0]    all  ? — *A.  I  did  not  say  so.     I  sai<l  he  promised  me  that  tlie  fact 
of  my  going  on  there  would  insure  me  a  commission  when  I  got 
tlicre. 

Q.  He  had  not  power  to  give  one  ? — A.  Xot  here. 

Q.  From  whom  did  you  receive  tickets  ? — A.  From  Mr.  Hertz. 

Q.  What  were  the  tickets  for  ?— A.  To  give  to  those  nu'U  I  was  going 
to  take  on,  to  get  their  passage.  ^  Nothing  else  was  given  to  the  nu'u. 

Q.  You  state,  I  think,  that  able-bodied  men  could  l>e  enlisted  in 
Halifax,  if  they  juoved  ]>liysically  competent  .' — A.  Yes,  sir. 

Q.  Did  you  hear  Mr.  Hertz  say  at  any  time  that  "  i>hysically  rompe- 
tcnt"  men  would  be  received  at  JIalifax  ' — A.  No,  sir;  not  these  exact 
^vol'ds;  he  has  said  if  they  were  sound,  and  has  asked  me  if  thev  ^^ere 
all  rij>iit. 

Q.  Why  did  you  not  sa>  that  before  the  United  States  commissioner? 
—A.  T  suppose  I  was  not  asked ;  1  do  not  know  the  reason  I  did  not. 

Q.  Did  iu)t  your  examiiuition  before  the  United  States  commissifmer 
last  for  sonu»  time  ;  for  two  hours  ? — A.  I  do  not  know ;  it  lasicd  for 
some  time ;  I  coidd  not  exactly  say  what  time. 

Q.  Was  not  you  asked  at  the  time  all  you  know  about  it  ? — A.  I  was, 
hut  I  may  have  forgotten  some  particulars;  I  hat.  heard  so  much 
[370]    that  I  could  not  remember  *exactly  all. 

Q.  How  comes  it  that  you  remember  it  now,  and  not  then  ? — 


584 


TREATY   OF    WASHINGTON PAPERS   ACCOMPANYING 


A.  There  is  some  conversation  whiulx  I  related  then  that  x  cannot  re- 
member now. 

Q.  Wlio  have  j'ou  had  conversations  with  in  the  mean  time  about  tliis 
proceedinjj,  that  is,  from  tlie  31st  of  March  to  this  2;Jd  of  Sei)teiiibei' J 
— A.  Witli  a  f^reat  many  persons  with  whom  I  am  acqmiinted,  I  merely 
talked  the  nuitter  over. 

Q.  AVas  not  you  very  i)artial  to  carrying  on  the  war  in  Europe 
against  liussia,  and  for  that  reason  you  wanted  a  commission  ? — A.  I 
do  not  know,  sir;  I  never  remember  exi)ressing  my  sentiments-,  I 
wanted  to  go  there  to  have  a  tight,  and  1  did  not  care  which  side  1  went 
on. 

Q.  Have  you  not  changed  since  that  time  in  regard  to  the  war  in 
Europe  i — A.  No,  sir;  not  in  the  least. 

(^.  You  are  now  on  the  liussiau  side  1 — A.  No,  sir;  1  am  not  now  on 
any  side. 

Mr.  Van  Uyke  here  stated,  that  as  the  attorney  for  the  defence  (Mr. 
Eenudc)  had  s<'en  lit,  in  order  to  impeacii  the  testimony  of  JMr.  JiiuUl,  to 
read  a  i)art  of  his  testimony  before  the  United  (States  commissioner,  in 
justice  to  Mr.  Budd  he  deemed  it  proper,  in  corroboration  of  the 
[371]  testimony  of  the  witness,  to  read  the  whole  of  the  *testinion,v 
before  the  commissioner,  that  the  jury  might  see  that  theui  is  no 
discrei)ancy  in  the  two  statements.  (Mr.  Budd's  testimony  before 
United  States  Commissioner  lleazlitt  is  here  read  by  Mr.  V.) 

John  Jacob  Bosschart  sworn. 
Examined  by  Mr.  Van  Dyke  : 

Question.  Do  you  know  Mr.  Hertz! — Answer.  Yes,  sir. 

Q.  How  long  have  you  been  acquainted  with  him  ? — A.  I  guess  I  got 
acquainted  with  him  last  March. 

Q.  Where  did  you  first  get  acquainted  with  him  ? — A.  I  do  not  know 
exactly  whether  I  got  ac<iuainted  with  him  at  my  own  house  or  first  at 
his  office.  No.  G8  South  Third  street.  I  think  it  was  at  my  house.  I  was 
in  the  habit  of  attending  his  office  during  the  month  of  March. 

Q.  State  all  that  took  pla<!e  between  you  and  him,  and  between  liini 
and  otlier  persons,  in  relation  to  enlisting  for  the  foreign  legion.— A. 
I  was  flrst  made  acquainted  with  the  business  by  Mr.  Leob.  He  told 
me  that  Mr.  Hertz  had  entered  into  the  business  of  recruiting  for  tlie 
British  foreign  legion.  Some  time  afterwards  Dr.  Biell,  who  was  board 
ing  with  me  at  the  time,  told  nui  about  it,  and  I  soon  after  saw  an  ad- 
vertisement in  the  German  Democrat,  Pennsylvanian,  and  Ledger,  tliat 
they  wanted  men  for  the  BritisHi  foreign  legion  ;  that  every  one 
[372J  who  chose  to  go  to  No.  08  South  Third  street  would  *learn  flic 
particulars.  Dr.  Biell  and  Aschenfeld  went  down  there,  and  I 
went  tt)o,  to  see  what  was  going  on  ;  I  saw  the  officers  and  men  jioinj: 
there,  and  spoke  to  Mr.  Hertz  about  this  foreign  legion,  and  about  their 
pay  and  commissions.  Some  of  them  signed  tlieir  names  in  the  book, 
and  some  of  them  were  taken  down  by  Hertz  himself. 

Q.  What  was  the  chaiacter  of  the  conversation  which  took  jdaco 
between  Mr.  Hertz  and  the  men  when  they  came  up  there?- -A.  The 
men  came  in  and  generally  asked  if  that  was  the  recruiting  office,  or 
oflice  to  enlist  men  for  the  foreign  legion ;  the  reply  generally  was  that 
that  was  no  recruiting  office,  an(I  that  they  could  not  be  eidisted  fliore, 
but  if  they  choose  to  go  to  Halifax,  they  might  be  eidisted  there;  fluMi 
hi^  showed  them  the  handbills  which  stated  that  $30  bounty  was  given, 


COUNTER   CASE    OF    THE    UNITED    STATES. 


585 


i  cannot  re- 


to  the  war  in 


,m  not  now  on 


and  $8  a  month  to  the  men;  he  said  that  it  was  in  his  power  to  f.  ive 
tliein  a  eoinniission. 

Q.  (The  handbill  shown  witness,  containinj;  British  coat  of  arms, 
already  published.  See  i)age  ante — .)  Is  this  the  kind  of  handbill  which 
be  showed  them  ? — A.  Yes,  sir. 

Q.  What  did  the  men  say  they  wanted  to  go  to  Halifax  for  ? — A.  They 
WiUited  to  go  to  Halifax  to  serve  iu  the  foreign  legion,  that  is,  the 

men  \a  ho  came  to  the  ollice. 
[373]       *Q.  Did  he  engage  them  to  go  there  for  that  purpose  ? — A.  As 
I  understood,  he  engage<l  them  to  go  for  that  purpose. 

Q.  To  enlist  when  they  got  there? — A.  Yes,  sir. 

Q.  And  they  told  him  that  that  was  their  intentiou  when  they  got 
there? — A.  Yes,  sir,  they  told  him  that. 

Q.  IIow  long-  were  yon  with  him  in  that  office  ? — A.  I  was  there  every 
(lay  from  the  beginning  of  the  btisiness  until  we  were  arrested. 

Q.  Do  you  recollect  any  physician  who  examined  the  men? — A.  Well, 
I  recollect  that  Dr.  Biell  examined  some  of  them. 

Q.  Do  you  know  what  r\Ir.  Hertz  was  to  get  for  sending  on  these 
men?— A.  No,  sir. 

Q.  Do  you  know  who  employed  Mr.  Hertz  to  do  this  business  ? — A. 
I  was  told  Mr.  Howe  employed  him. 

Q.  Who  told  you  ?— A.  I  do  uot  recollect  who  told  me. 

Q.  Do  you  recollect  Mr.  Hertz  ever  saying  anything  about  it?— A.  1 
heard  Hertz  talk  freipiently  about  Howe,  but  cannot  recollect  distinctly 

that  he  said  that  Howe  employed  him. 
[Mi]       *Q.  JJid  Hertz,  in  speaking  of  the  manner  in  which  he  was  em- 
ployed to  conduct  this  business,  speak  of  Howe  as  being  con- 
nected with  his  being  employed  ?— A.  Y'es,  sir. 

Q.  Did  ]\[r.  Hertz  ever  say  anything'  to  you  about  Mr.  Cramptou 
having  employed  him?— A.  He  told  me  he  had  seen  Mr.  Cram[)ton  ou 
the  subject, 

Q.  What  did  he  say  liad  taken  place  between  him  and  Mr.Cram[>ton  ?— 
A.  lie  did  not  say  what  had  taken  ijlace  betwen  him  and  Mr.  Crampton, 
not  that  I  recollect. 

Q.  You  recollect  the  departure  of  Captain  Strobel  and  his  company  ?— 
A.  Yes,  sir. 

Q.  Were  you  at  the  wharf  at  the  time  ? — A.  Yes,  sir. 

Q.  Was  Hertz  there  ?— A.  Y'^es,  sir. 

Q.  To  assist  in  getting-  them  off  ?— A.  Yes,  sir. 

Q.  Did  he  engage  that  company  to  go  to  Halifax?— A.  Y^es,  sir. 

Q.  For  what  purpose  ?— A.  For  the  j)urpose  of  enlisting  in  the 
foreign  legion,  as  I  understood. 

Q.  Do  you  know  whether  he  went  to  Xew  York  to  make  arrangements 
forsi'iidhig  that  company  irom  New  Y'^ork  to  Boston?— A.  That  com- 
luuiy  started  from  here  on  Sunday  morning,  at  10  o'clock,  and  Mr. 
Hertz  went  to  New  Y(uk  ou  Sunday  night,  in  the  half-past 
[375]  1  o'clock  *train,  to  nuike  arrangements  to  see  that  the  men  got 
oil'  from  New  York ;  he  returned  to  this  city  on  Monday  night  or 
Tuesday  morning.     I  saw  him  on  Tuesday  morning  again  in  tlie  otlice. 

Q.  While  he  was  away  you  had  charge  of  the  oilice  { — A.  1  had  charge 
of  tbe  otlice. 

Q.  Were  you  directed  to  conduct  the  business  for  him  while  he  was 
away? -A.  Yes,  sir. 

Q.  And  those  men  who  were  enlisted  during  the  absence  of  Hertz  ou 
Monday,  were  engaged  b^^  you  at  the  direction  of  Hertz  ? — A.  Yes,  sir ; 
I  took  the  uames  ou  a  piece  of  paper  as  directed,  aud  told  the  meu  Hertz 


,& 


58G 


TREATY    OF    WASHINGTON rAl'ERS   ACCOMPANYING 


■it 


¥  .U 


3'  ' 


J    i 


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would  1)0  back  on  Tuesday',  and  find  a  vessel  to  bring  tlieni  on  to  Ilal- 
if'ax. 

Q.  AVliy  did  you  not  take  tlie  names  in  the  book  during  liis  absciUM'  .*— 
A.  I  guess  I  was  directed  by  Air.  Hertz  to  take  then)  down  on  the  i)ii])(>r. 

Q.  (Paper  shown  witness.)  Is  that  in  your  writing'' . — A.  F  could  not 
say  wliost^  writing  it  is,  some  of  it  is  written  by  •      ,  two  of  tlic  iinnus 
are  written  by  lue,  Robert  Korn  and  Peter  S.iole;  it  is  the  list  wliicli 
Avas  kept  in  the  ollice;  that  list  contained  the  nan)es  of  those  who  on 
gaged  to  go. 

().  (Another  i)aper  shown.)  Ts  that  another  list  of  the  nanios 
[370]    kept  in  the  ollicci  ? — *  A.  Yes,  sir;  there  is  none  of  my  writiu-^'  on 
that. 

Q.  (liook  containing  the  names  of  those  who  en'isted,  which  has  al- 
ready been  published,  shown.)  Look  at  that  book  and  say  whether  you 
see  any  of  llert/'s  writing  i:.  it? — The  names  on  the  first  page,  I  tliiiik, 
are  all  written  by  the  men;  on  the  second  page  also;  and  on  the  tliinl 
page  some  of  them  are  written  by  Hertz. 

Q.  (List  of  oflicers  in  the  l)ack  of  the  book  shown  witness.)  What  is 
that ' — A.  That  is  a  list  of  the  otilcers.  It  is  in  ]Mi-.  Hertz's  writing.  It 
contains  the  names  of  Strobel,  Msson,  Hhumann,  r»iel,  Lisepiumy,  Ihidd, 
Aschenfeld,  liiter,  and  Anglere.  I  know  those  men  engaged  to  go  as 
ofiicers;  s<nne  of  them  as  non-commissioned  officers,  and  some  of  tliom 
as  con)missioned  oflicers. 

Q.  Do  you  know  what  pay  ]\[r.  Hertz  got  for  this  ? — A.  No,  sir. 

Q.  (Tickets  shown.)  Did  you  see  many  of  this  kind  of  tickets  about 
the  oftice  ? — A.  Yes,  sir,  there  was  a  great  many  of  those  tickets. 

Q.  Did  the  men  who  went  into  Strobel's  company  get  any  tickets  ;'— 
A.  I  guess  so.     I  am  not  certain. 

Q.  (Another  book  shown.)  Do  you  know  that  book?  — A.  I  saw  that 
book  once  there. 

Q.  Whose  writing  is  that  in  it  ? — A.  I  guess  it  is  the  writing  of  a  luau 
in  the  emi)loy  of  Mr.  Hertz,  Mr.  Holm.  1  do  not  know  exactly,  but  I 
think  so. 

(Book  read  in  evidence,  from  which  it  appeared  that  Hertz  was  debited 
with  87ijO  and  credited  by  cash  with  $300,  and  then  charged  with  7")8 
tickets.) 

Q.  Do  you  know  who  he  got  that  cash  from  ? — A.  No,  sir. 

Q.  (Some  han«lbills  were  shown  witness.)  How  many  of  those 
[377]    handbills  did  you  see  about  there  ? — *A.  I  could  n(*t  teli  how  many. 
I  saw  a  package  of  them.     3Ir.  Buckneli  brought  them. 

Q.  AVere  any  of  them  posted  about  ? — A.  Yes,  sir. 

Q.  ]iy  whom  ? — A.  [  cannot  tell. 

Q.  Who  directed  it  to  be  done  ? — A.  Mr.  Hertz. 

Q.  Do  you  know  who  pai<l  the  (lerman  Den)ocrat  for  the  advertise- 
ment of  this  call  ? — A.  Mi-.  Hertz  did- 

Q.  AVhere  did  he  pay? — A.  In  his  office. 

Q.  Who  called  for  it  ? — A.  The  clerk  of  the  Democrat,  Mr.  Morris. 

Q.  Did  you  see  him  pay? — A.  I  saw  him  pay. 

Q.  Y'^on  were  arrested  at  the  office  ? — A.  Yes,  sir. 

Q.  With  Mr.  Hertz,  on  the  morning  that  the  steamer  started  ?— A. 
Yes,  sir. 

Q.  Was  it  before  or  after  the  men  were  arrested  ? — A.  On  the  very 
same  day. 

Q.  It  might  have  been  earlier  in  the  day  or  later  in  the  day  ?— A.  It 
was  after  the  men  had  started.     Mr.  Budd  was  put  in  comniand  of  them. 

Q.  Do  you  recollect  the  list  of  the  names  of  those  who  went  with  Mr. 


COUNTER    CASK    OF   THE    UNITED    STATES. 


587 


u  on  to  Hal- 


A.  I  saw  that 


tz  was  <li'l>ito(l 


the  advertise- 


Budd  ? — A.  I  think  that  is  the  last  list  .shown  mo;  but  I  aAi  not  sure 
of  it. 

Q.  Do  yon  know  whothor  all  those  »viio  wont  with  l»nd«l  wore  ongajjed 
by  Hertz  to  go  with  him  ? — A.  Tliey  were  engaged  Ivy  Hertz  to  go  to 

Halifax. 
[oTSJ       *Tiie  witness  was  here  qnestioned  hy  Judge  Kane  as  tothelarger 
book  whieh  he  had  identified  asc(»ntainiiig  a  list  of  the  names  of 
jierson.s  enli.sted. 

Q.  Was  anything  written  ivi  this  book  on  the  i)ago  preeeding  that  cou- 
tiiiniiig  the  name  ? — A.  No,  sir;  it  is  a  li.st  ofoflicers,  with  their  rank. 

Q.  it  has  been  out  out  ? — A.  Yes,  .sir;  the  list  ofoflicers  is  ent  out. 

Q.  It  was  the  list  of  ollicers  with  their  rank? — A.  Yes,  sir;  they  put 
their  names  down,  and  the  rank  they  were  to  hold  there  was  put  down 
by  Hertz.     1  mean  military  rank. 

Q.  Tliat  was  all  on  the  page  cut  out? — A.  Y'^es,  sir;  there  are  two 
leaves  cut  out;  one  was  for  tlie  commissioned  officers,  and  one  for  the 
noncommissioned  officers.  1  re(^ollect  there  is  a  list  of  otlicers  written 
in  the  back  of  the  book  after  they  were  cut  out;  and  that  was  just  a 
memorandum. 

Dr.  Peter  Joseph  Reuss  sworn. 

Examined  by  Mr.  Van  Dyke. 

(},  You  are  a  physician  1 — A.  Yes,  sir. 

Q.  What  country  do  you  belong  to  ? — A.  Uesse  ;  1  have  been  in  this 
country  this  liOth  of  Septend»er  is  four  years. 
[379]  *  (}.  Will  you  state  whether  you  came  to  Philadeljdiia  in  March 
or  Ai)ril  last,  and  for  what  purpose  '? — A.  1  came  to  Philadelphia  for 
the  pnrpo.se  of  going  to  Halifax ;  I  was  to  go  to  New  York  and  thence 
to  Montreal ;  I  came  here  induced  by  a  proclamation  in  the  Philadelidiia 
German  Democrat ;  1  went  through  here  to  New  York,  and  from  New 
York  to  Halifax. 

(^  ]>id  you  stop  at  Hertz's  here  ? — A.  No,  sir. 

Q.  Why  not? 

(Mr,  Kemak  objected.) 

(J.  Had  Hertz  l)een  arrested  at  the  time  you  arrived  here? — A.  I  do 
not  know  that,  because  I  did  not  stop  in  Philadelphia  ;  I  went  to  New 
Voik  and  Montreal,  and  then  to  Boston,  and  from  Boston  to  Halifax  in 
the  Africa. 

i}.  Is  that  the  steamer? — A.  No,  sir;  the  bark  Africa. 

(v>.  When  you  got  to  Halifax,  where  did  you  go,  and  who  did  you 
sec  .'—A.  1  went  to  the  Provincial  Building,  and  spoke  with  Mr.  Wilkius 
and  Mr.  Bruce  McDonald. 

Mr.  ]{E:\rAK.  Be  good  enough  to  bring  this  home  to  Hertz. 

Q.  (By  Mr.  Van  Dyke.)  llave  you  at  any  time  had  any  conversation 
with  Hertz,  before  or  after  that  ? — A.  No,  sir. 
[380]  *(J.  When  you  arrived  in  Halifax,  state  what  you  did. — A. 
I  went  to  the  Provincial  Building  and  met  Wilkins,  the  first 
secretary  of  Nova  Scotia,  and  the  same  day  afterward  I  spoke  with 
SirGaspard  Le  Marchaut,  the  governor  of  Nova  Scotia.  I  s«Mit  .some 
•lays  bofore  a  letter,  in  the  Frencli  language,  to  Sir  Gaspard  Le  ]\Iarchant, 
ami  told  him  what  I  came  to  Halifax  for — that  I  was  induced  by  his  pro- 
elamation.  I  had  sent  a  man  before  to  No.  G8  South  Third  street,  Phila- 
delphia, to  see  what  the  business  was,  because  it  was  in  the  proclama- 
tion that  physicians  and  surgeons  would  be  engaged  with  good  pay ; 
audthis  man  came  back  aiul  told  me  that  the  whole  business  had  been 


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588 


TREATY    OF    WASHINGTON rAPERS    ACCOMPANYING 


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stopped  l)y  tlio  United  States  attorney,  and  that  he  had  spoken  with 
one  man  on  the  subject,  but  he  did  not  tell  ine  his  name,  and  he  told 
him  tliat  tlie  business  was  all  lijjfht,  to  j;*'  to  Halifax,  and  I  would  lu> 
enj^aged  as  physician  for  the  regiment.  I  wrote  the  letter,  but  did  not 
receive  any  answer,  because  I  he  business  was  stoi)ped.  In  Ilalifax,  the 
goveruiU'  told  nie  that  I  could  not  be  engaged  unless  I  raised  nun.  I 
refused  that,  because  I  told  him  I  did  not  come  for  that  business;  I 
came  to  be  engaged  as  doctor  and  not  as  recruiting-ollicer.  ]\Ir.  Wilkins 
called  on  me  some  time  afterward,  and  told  me  that  if  I  liiistMl 
[381J  men  in  the  United  States,  1  *should  be  engaged,  but  not  if  I  re- 
fused ;  and  then  I  was  obliged  to  go,  because  the  goveinor  told 
Hie  I  could  not  be  engaged  without  this;  then  I  was  eujployed  as  otliccr 
of  recruiting,  and  went  with  Captain  Strobel  to  the  States,  aiul  was 
sent  by  him  to  Detroit,  in  Micdiigan. 

Q.  Did  you  hear  any  conversation  at  any  time  between  certain  <fo\\. 
tlemen  when  Mr.  Cranipton  was  present? — A.  Yes,  sir;  in  Halifax,  on 
the  l.Jth  of  May,  we  met  Mr.  Crampton. 

Q.  AVho  told  you  to  meet  hini  ? — A.  Strobel  called  on  me,  on  the  14th 
of  May,  and  told  me  to  come  to  the  Provincial  IJuilding,  Halifax,  and 
meet  ^Ir.  Crampton  and  Sir  Gaspard  Le  INIarchant,  and  I  went  and 
found  there  Lieutenant  Preston,  und  Strobel,  and  some  other  oHieers. 

Q.  What  took  place  in  that  conversation  ? — A.  That  conversation  was 
that  we  should  go  to  the  United  States  and  raise  troops. 

Q.  Who  told  you  to  do  that? — A.  Mr.  Crampton  and  Sir  Gaspard  Le 
Marchant,  >vith  Mi'.  Strobel. 

Q.  They  said  that  to  Strobel? — A.  Yes,  sir;  and  that  he  would  go  to 
Canada  and  the  States,  and  arrange  this  so  that  we  could  raise  trooi»s 

without  danger. 
[382]  Q.  What  plan  did  they  give  you  to  raise  *these  troops  without 
danger? — A.  That  is  what  they  si)oke  to  Captain  Strobel.  I  did 
not  hear  every  word,  but  heard  them  tell  him  that  we  should  go  to  tiio 
States,  and  arrange  the  business  so  that  we  cannot  be  caught  by  the 
United  States  oflticers. 

Q.  They  told  Ciiptalu  Strobel  that  he  should  go  to  the  States,  and  ar- 
range business  so  as  not  to  be  caught  by  the  United  States  oliicers  ?— A. 
Yes,  sir. 

Q.  Who  told  Strobel  that? — A.  Mr. Crampton;  he  made  the  arrange- 
ments with  Strobel,  and  spoke  that  to  Sir  Gaspard  Le  Marchant. 

Q.  What  plan  did  Mr.  Crampton  say  you  weie  to  adopt  in  the 
States  to  prevent  being  caught  by  the  officers  ? — A.  That  we  should 
do  it  very  still ;  not  to  work  too  openly,  and  that  we  should  enya-^e 
runners  and  any  other  men  who  would  bring  men  to  the  depots,  and 
from  these  depots  we  were  to  send  them  to  Canada  West,  to  the  barracks. 

Q.  What  kind  of  runners  did  he  speak  of  your  engaging?— A. 
Boarding-hoLise  runners,  emigration  runners,  commission-house  rumieis, 
and  everj'  kind  of  runners,  I  belie \e. 

Q.  Did  he  say  anything  in  reference  to  what  you  were  to  say  to  these 
men  ? — A.  That  every  man  was  to  receive  $30,  and  $5  was  to  bo 
[383]    taken  for  payment  of  expense;  that  is  what  1  learned  *froia  Stro- 
bel afterward,  that  is,  what  was  promised  the  men. 

Q.  Was  anything  said  about  that  in  conversation  with  Mr.  Cramp- 
ton?— x\.  No,  sir,  not  to  me;  it  was   ')oken  to  Mr.  Strobel. 

Q.  He  told  Strobel  they  were  to  have  $30  ?— A.  \\'s,  sir,  and  $S  a 
month  pay,  cash.  The  bounty  was  given  for  enlisting.  Each  runner 
should  receive  $4  a  head  for  enlistments. 


COUNTER   CASK    OF   THE    UNITED    STATES. 


589 


liouse  niuueis, 


Q.  That  was  tlio  pay  of  tlio  ninnor? — A.  Yes,  .sir;  if  the  man  was 
capalth'  of  l)oin<j  enlisted,  not  if  the  man  was  n^fnsed. 

Q,  Were  they  to  jjet  any  i)ay  for  men  n^fnsed  ? — A.  No,  sir. 

Q.  Tlien  it  was  only  for  the  nuMi  who  arrived  at  the  barracks  and  got 
enlisted  that  they  were  paid  84  a  head  I — A.  Yes,  sir.^ 

Q.  Did  you  receive  any  money  at  that  time  for  this  pur[)ose  ? — A.  Ou 
tlie  Uth  of  :\ray  I  received  from  Captain  Strobel  $2-'0. 

Q.  Where  did  he  get  it  from  ? — A.  Out  of  the  Provincial  Building. 
Mr.  Bruce  McDonald  gave  him  the  nu)ney  in  my  preseiu;e.  He  is  the 
clerk  of  ]\[r.  Wilkins,  or  second  se(!retarv,  I  do  n(»f  know  which  it  is. 

Q.  What  were  you  to  do  wirh  that  82ii()?— A.  To  run  to  the  United 
States  for  these  men;  that  was  the  pay  for  half  a  mon.th  for  myself  and 

one  sergeant. 
[384]       *Q.  ]3id  you  see  ^fr.  Crampton  after  that  ?— A.  We  le''t  the  next 
day,  the  ll>th  of  iMay,  and  we  came  to  Windsor,  in  Nova  iScotia, 
and  when  we   got  there  we  took  the  steamer  to  Saint  John's. 

Q.  Where  did  you  next  meet  ^fr.  Crampton  ? — A.  I  saw  him  in 
Windsor,  and  saw  him  on  the  ship  to  Haint  .lohn's,  and  next  day  at 
Portland.  At  Windsor  we  took  the  Creole  for  Saint  John's,  and  I 
saw  Mr.  Cram[>ton  in  the  presence  of  Lieutenant  Preslon  and  another 
English  olticer ;  I  do  not  know  his  name.  He  came  on  board  to  ns  there 
;it  Saint  John's.  He  talked  very  often  to  Captain  Strobel,  and  I  went 
in  the  same  ship  with  him  to  Portland. 

(}.  Did  you  see  him  afterward  in  Portland? — A.  No,  sir ;  know  he  left 
tlio  steamer  at  Portland. 

Q.  Wherefore  ? — A.  To  go  to  Arontreal. 

Q.  Who  went  with  him  i — A.  I  believe  Captain  Strobel.  1  took  the 
cars  for  Boston,  and  from  Boston  to  Niagara  Falls. 

Q.  For  this  purpose? — A.  Yes,  sir.  At  Niagara  Falls  I  expected 
Strobel  with  orders  how  we  should  go  on. 

Q.  You  did  not  see  (h'aujpton  afterward? — A.  No,  sir. 

Q.  Did  you  see  any  written  instru(!tions  at  Halifax  ? — A.  T  saw  the 

proclaniation.    Mr.  AVilkins  showed  me  the  proclamation  for  enlisting. 

Q.  (Proclamation  with  British  arms  on  it  shown  the  witness ; 

[385]    same  as  on  page  — ,  ante.)    Is  that  the  one? — *A.  Yes,  sir,  I  saw 

that;  Mr.  Wilkins  gave  me  one  of  them;  he  gave  it  to  me  in  the 

Provincial  Bnilding  to  read  it;  he  was  secretary  of  Nova  Scotia. 

Q.  What  did  he  say  it  was  for? — A.   It  was  lor  the  foreign  legion. 

Q.  Did  he  say  that  this  was  the  placard  nnder  which  they  were 
acting  ? — A.  He  told  me  if  I  should  be  engaged,  I  should  go  on  to 
the  States  and  raise  troops,  but  that  without  tliis  I  could  not  be  en- 
gaged, saying  what  Sir  (Jaspard  said  to  me.  T  did  not  see  Mr. 
Howe;  he  was  not  in  Halifax  at  that  time.  I  heard  very  often  from 
kiD). 

Q.  Have  you  at  any  time  seen  Mr.  Hertz  ? — A.  Not  in  this  business. 

(}.  Did  he  ever  say  anything  to  you  about  this  business  ? — A. 
No,  sir.  When  I  came  with  Strobel,  I  heard  from  Halifax  that  we  could 
not  be  engaged  because  we  did  not  do  anything  in  getting  men. 

Q.  What  do  mean  by  that? — A.  That  we  did  not  raise  plenty  of 
men,  and  squandered  all  the  money,  as  they  said. 

William  Eckert  sworn. 

This  witness  did  not  speak  English,  and  was  interpreted  by  Mr. 
Oehlschlager. 


0  I 

i 


If 


\m 


590 


TRKATY    OF   WASITIXOTON — PAPERS    AC'COJIPANYLVG 


M  % 


:#''  = 

i'HS*'--''' ' 


Exainlned  by  Mr.  Van  Dykk  : 

(iiu'stion.  Can  you  write? — Answer.  No,  sir;  I  can  read  my  name.   I 
ktMMV  Mr.  Hertz;  I  saw  Iiini  at  No.  08  South  Third  street. 
[380]        *ii.  Whatdi<l  you  go  there  for  .' — A.  I  went  to  enlist;  I  wanted 
to  enlist  iu  the  IJritish  army. 

Q.  Did  you  enlist? — A.  I  <lid  not  enlist.  I  went  down  with  a  <;o(hI 
fvi(;nd  of  mine,  whom  J  recjuested  to  brinj;  me  down  ;  he  did  not  yo  down 
M'ith  me,  but  sti<>-,nested  to  me  another  who  went  «iown  with  iiit';  my 
friend  spok(^  lor  me,  and  said,  "Here  is  a  man  who  wishes  to  enter 
the  Ilritish  army." 

Q.  Whom  «lid  he  say  that  to  ? — A.  j\Ir.  IJosschart  and  Mr.  Uiidd. 
One  of  the  gentlemen  answered,  "We  do  not  busy  ourselves  with  it; 
we  will  merely  send  you  to  Halifax,  and  then,  if  you  wish  to  serve 
you  ciin  serve,  and  if  you  wish  to  work  you  can  work;"  tliat  tlie 
men  were  enlisted  in  Halifax.  .My  friend  asked  how  nuudi  bounty 
money  in  hantl  was  received,  and  Mr.  l>udd  tohl  him  he  would  receive 
as  boiuity  thirty  dollars,  and  eight  dollars  a  month.  Well,  then,  1  asked 
whether  there  was  nothing  paid  in  advance  or  immediately  for  the  tew 
days  I  would  have  to  remain  here.  They  said  they  gave  nothing;  tlieii 
1  went  away.  They  asked  me  wIm  my  name  was.  1  did  not  write  it. 
Mr.  IJosschart  wrote  it. 

*il.   Where  did  he  write  it? — A.    On  a  sheet  of  paper. 


Q.  Hid  you  agree  to  go  ? — A.  Yes,  sir. 
Did  you  get  a  ticket  for  your  passage  ? — A.  Yes,  sir. 
Who  gave  it  to  vou  ? — A.  JNIr.  Hertz. 


[387] 

Q. 
Q. 

(i.  When  was  it  he  gave  it  to  you;  the  day  you  sailed  or  before  .'— 
A.  On  Wednesday  afternoon. 

Q.  Did  you  engage  to  go,  with  the  intention  of  enlisting  when  you 
got  there  ? 

(Mr.  lleinak  objected  to  the  question  as  a  leading  one.) 

Judge  Kane.   The  question  is  too  directly  indi<!ative  of  its  answer. 

Mr.  Van  Dyke.  W^hat  was  it  your  intention  to  do  when  you  got  to 
Halifax :' — A.  1  wanted  to  go  to  the  Crimea. 

Q.  In  tlie  "foreign  legion  .'" 

(Mr.  Ilemak  objected..) 

Q.  (IJy  ]\[r.  Van  Dyke.)  In  what  capacity  did  you  want  to  go  to  the 
Crimea  ? — A.  As  a  soldier. 

Q.  When  Mr.  Hertz  gave  you  the  ticket  to  go  to  New  York,  did 
he  understand  that  it  was  vour  intention  to  enlist  when  you 
[388]    *  arrived  at  Halifax? 

(Mr.  Eemak  objected.) 

Q.  Did  ^Ir.  Hertz,  at  the  time  he  gave  you  a  ticket  to  go  to  Xew 
York,  know  that  it  was  your  intention  to  go  to  Halifax? 

(3Ir.  liemak  objected.    The  objection  was  overruled.) 

A.  Mr.  Hertz  was  not  there  the  first  day. 

Q.  I  refer  to  the  time  he  gave  you  the  ticket.  At  the  time  Mr.  Hertz 
gave  you  the  ti«'iket  to  go  to  New  Y«n'k,  did  he  know  it  was  your  inten- 
tion to  eidist  when  you  arrived  at  Halifax  ? — A.  Mr.  Hertz  was  not  there 
when  my  friend  brought  me  to  the  office. 

Q.  You  have  said  that  Mr.  Hertz  gave  you  a  ticket  to  go  to  New 
York  ? — A.  Yes,  sir. 

Q.  At  the  time  Mr.  Hertz  gave  you  this  ticket  to  go  to  New  Y'ork,  did 
he  know  it  was  your  intention  to  enlist? — A.  I  do  not  know  whether  the 
other  gentlemen  told  me  the  reason  why  he  wished  me  to  go  to  New 
York. 


COUNTER    CASE    OF    THE    UNITED    STATES. 


591 


it  to  SO  to  the 


Q.  TTad  you  told  ISFr.  Biuld  your  intention? 

(Mr.  IttMnnk  (►hjeetod.    Tho  objection  was  overruled.) 
A.  lie  heard  it.  , 

[;]Sy]       Q.  On  AFonday:— *A.  Yes,  sir. 

Tile  (counsel  for  tlu*  defense,  Mr.  Ileniak,  in  tlie  course  of  the  ex- 
iiniiiiation  of  this  witness,  frequently  interrupted  and  allenipte<l  to  cor- 
rect tlie  interpreter  in  his  interi>retation  of  tlie  hin^Uiij'C  of  llu'  witness. 
Oil  the  conclusion  of  the  examination  he  called  Mr.  ()chlschla;;'i'r  to  the 
stand,  for  the  purpose  of  (piestionin^  hini  as  to  his  interpretation  of  tho 
witness,  but,  on  after-consideration,  waived  tlie  examination. 

Augustus  Trrus  sworn. 

Examined  by  Mr.  Van  Dyke: 

(Jiiostion.  Do  you  know  IMr.  Hertz? — Answer.  Yes,  sir. 

Q.  Which  is  the  i)erson.' — Witness,  (pointing'  to  Hertz.)  That  is  tho 
geiitleinau,  sitting  there. 

Q.  State  what  you  know  of  this  matter. — A.  Well,  I  was  here  in  the 
city  without  work,  and  1  had  no  boardinji-house  to  j>o  to,  as  my  land- 
liuiy  had  told  me  to  leave;  so  I  read  of  this  phicc  in  the  Ledj;t'r,  and 
wont  down  and  saw  .Mr.  IJudd  there  and  a  coni)le  of  other  {••entlemen. 
I  went  in  and  asked  them  if  this  was  the  place  wliere  they.enlisted  them, 

and  I  wiis  told 

[:]!)(!]       (}.  Who  did  you  ask  that? — *A.  The  yentlemaii  is  not  here ; 
he  was  a  stran};er  to  me.    IVIr.  Hertz  was  not  there  the  lirst  time. 

Q,  Ilowlon<»'  was  this  before  you  sailed  ? — A.  It  was  about  3  o'(;loclc 
ill  the  afternoon  of  the  day  before,  liien  1  was  told  tiiat  I  could  not 
SCO  the  aj^ent  now,  that  he  was  out,  and  to  come  in  two  hours  after  that 
time.  1  came  in,  and  I  saw  Mr.  IJiidd,  and  he  asked  my  name,  and  I 
told  Iiini  my  name,  and  he  wrote  it  down  on  a  sheet  of  paper. 

Judge  Kani:.  How^  came  he  to  ask  your  name? — A.  Well,  I  don't 
know,  without  he  wanted  to  put  it  down, 

Q.  Did  you  tell  him  what  you  wanted? — A.  I  asked  him  if  this  was 
tlie  place  wliere  they  enlisted,  and  he  said  no,  it  was  not  the  [ilace  where 
tliey  enlisted,  but  the  jdace  where  they  j;'ot  men  to  take  them  to  Halifax. 

(l  For  what  purpose? — A.  For  onlistiny,  I  yave  them  my  name. 
My  intention  was  onlj-  to  go  to  New  York.  I  was  going  to  Xew  York, 
and  there  I  was  going  to  leave  them. 

Q.  Did  you  tell  him  that  was  your  intention  ? — A.  Xo,  sir;  I  did  not; 
1  kept  that  to  myself. 
[■illl]       *Q.  You  were  going  to  outwit  them,  then,  I  suppose  ? — A.  AVell, 
I  was  going  to  try  to ;  I  did  not  know  whether  I  would  succeed. 

Q.  What  did  you  tell  them  you  intended  to  do? — A.  I  told  them  I 
intended  to  go  out  to  Halifax,  for  the  purpose  of  enlisting. 

Q.  Whe!i  did  you  see  Hertz  ? — A.  On  the  morning  we  sailed  I  saw 
liiiu,  I  wenf  to  the  office,  and  asked  him  what  boat  I  was  to  go  on,  and 
lie  said  that  he  would  be  down  and  make  arrangements.  There  was 
Mr.  Hertz,  Mr.  Budd,  Mr.  Bosstdiart,  and  another  gentleman  standing 
talking  together,  and  I  went  down  to  the  boat  and  waited  until  Mr. 
Hertz  came  down.  I  cannot  say  whether  he  cane  with  Budd  or  noG. 
I  stoi»ped  down  at  the  boat,  and  before  we  started  Mr.  Budd  went 
around  the  wharf  to  see  whether  any  one  else  was  off  the  boat,  and 
wlien  he  found  there  was  none  there,  he  came  on  board,  and  just  before 
^vecomiuenced  to  start  he  called  us  all  up.  He  did  not  form  us  into  a 
rank.  Sometimes  he  came  to  us  one  by  one,  and  sometimes  two  or  three 
were  collected  together,  and  he  would  ask  our  names.  AVe  told 
[392]   him  our  names,  *and  he  marked  a  cross,  1  think.    1  won't  say  it 


;o2 


TREATY    OF    WASHIXOTOX PAPKRS    AfrOMPANYIXO 


pi;.. 


h 


was  ii  cross — it  was  a  mark  of  liis  own  on  tlio  paper.  At  tlmt 
time  wi'  went  down  to  tlic  navy  yard,  when  ^larslial  Wynkooj)  ( atchcd 
us.     (Lau^jliter.) 

C^.  Did  you  },M*t  a  ticket  ? — A.  Yes,  sir;  T  ;j-ot  a  ticket  of  .^Ii-.  l>ii(M.  at 
08  Sontli  Third  street.    Mi-.  licit/  was  not  tiiere  at  tlie  time,    f  <iiii  rcml. 

ii.  (Tick»'t  sliown.)  Is  Hiat  the  ticket  f— A.  That  is  the  color  of  tlic 
canl  (;,Mccn)  I  ;;()t.  On  tlie  back  was,  «» IMin'  St.  wharf,"  and  those  ;m(> 
the  letters,  ('•  N.  S.  K.  C")  I  have  had  tliem  in  my  head  from  that  diiy 
to  this,  and  ever  will  n'memher  them. 

.Ind^c  IvAN'Fi.  IN'rhaps  you  can  tell  us  what  those  h'tters  uieaii.— 
A.  No,  sir;    I  cannot.     They  stand  for  somethinj,'    I  am  not  ahlc  to  tell. 

Q.  You  say  you  can  read,  (paper  shown.)  Is  tliat  tln^  paper  he  marked 
your  name  on  ". — A.  Well,  I  cannot  say  wliether  it  was  a  whole  sheet  or 
half  a  sheet.     He  had  it  lyiny-  on  a  table. 

Q.  Well,  your  name  is  on  that  sheet  ? — A.  Yes,  sir;  my  name  is  on 
there,  Xo.  J). 

Ml'.  Van  Dvke.     Is  there  any  cross-examination  ? 
[303J        *]Mr.  Ci:vi.i:i{.    There  is  a   frankness  about  this  witness  that 
quite  disarms  cross-examination. 

Ciiaklks  Weavkr  sworn. 

Kxaniined  by  ]Mr.  Van  Dyke  : 

Question.  J)o  you  know  Mr.  Hertz  ? — Answer.  Yes,  sir. 

Q.  Can  you  point  him  out  here  i — A.  (rointin<^-  to  Hertz.)  Tiiat  is  tlie 
gentleman. 

Q.  JJitl  you  SCO  him  in  March,  1855  ! — A.  Yes,  sir,  down  in  Third 
street. 

Q.  What  did  you  go  there  for  ? — A.  I  went  down  because  I  heard 
from  some  of  my  friends  that  they  wereenlistinjj  soldiers  for  the  Jiiitisli 
army  there ;  I  went  down — it  was  an  hour  before  they  started — and  I 
asked  him  whether  he  enlisted  men  to  j>;o  into  the  JJritish  army  ;  he  said 
no,  1  «lo  not  enlist,  but  if  you  want  tobeeulistc»l  I  will  yiveyon  a  tickit 
to  Xew  York,  ami  from  there  the  ofiicer  would  y,ive  me  a  ticket  to 
Kali  lax. 

Q.  J)id  you  tell  him  you  would  enlist  in  Halifax  ? — A.  Xo,  sir;  I  did 
not  tell  him  that.     1  told  him  I  wanted  to  enlist,  and  he  j;ave  me  ii 

ticket;  he  did  not  give  me  any  njoney.     He  took  my  name. 
[394]        Was  it  written  in  a  book  or  on  paper? — *A.  I  supitose  it  was 
written  on  a  sheet  of  paper.    Mr.  Uertz   took   my  uaiue;  he 
wrote  it. 

Q.  ])i<l  you  go  on  board  the  boat  ? — A.  Yes,  sir. 

i).  (Ticket  shown.)  Was  it  one  of  these  tickets  that  you  had  ?— 
A.  Yes,  sir;  1  had  one  of  that  k'u*'.  1  went  down  to  Pine-street  wliarl'; 
Mr.  Hertz  was  there  the  day  the  boat  sailed.  I  went  down. with  a  friend 
of  mine  to  the  boat;  I  saw  this  man,  Mr.  Bosschart  there,  and  he  said 
this  is  the  boat  that  goes  to  New  York.  Mr.  Budd  was  on  the  boat;  lie 
was  in  command ;  he  took  nij'  name  on  board  the  boat,  and  called  us 
together  the  same  like  an  officer.  There  was  twelve  or  thirteen  meu  to- 
gether, and  be  had  command  of  them  ;  that  is  what  I  saw.  He  took  tbe 
names  on  the  list,  and  as  he  took  them  he  called  us  together,  and  told 
U8  to  go  on  that  side  or  this  ;  he  mustered  us  into  rank. 

Mr.  CuYLER.  What  do  you  understand  by  mustering  into  rank  f— 
A.  Well,  we  stood  in  a  line,  and  he  said  fall  in. 

Q.  Who  told  you  that  ?— A.  This  young  man,  (pointing  toBiuld.) 
[395]       That  is  not  Mr.  Aertz  !— •  A.  No,  sir. 

Q.  Who  is  it  ? — A.  Mr.  Budd ;  that  is  the  gentleman. 


N'O 


C(»r\Ti;ii    CASH    OF    Till;    IMTKI)    STATMH. 


no:] 


.     At  tlii.t 
)()1»  catclu'd 

Ir.  T.iKldat 
I  ciiM  rcml 
color  ot"  the 
ul  those  lire 
nn  that  (lay 

iM'H  mean.— 
;  abh'  to  tell. 
•rh('mavk«Ml 
hole  shi'ct  or 

V  Tiaiiu'  is  on 


i  witness  tliat 


■A.)  That  is  till' 
own  in  Third 

canst'  I  heard 
for  the  r.iitisli 
started— aiul  1 

army  :  1'^'  ^i>'*^ 
•e  you  a  ticket 
,e'u  tieket  to 

:>so,  sir;  I  did 

lu'  Kiive  mo  a 

\\y  iiaiiie. 

iUi)i»ose  it  was 

uiy  uauie;  lit; 


vou  had'- 
t- street  wharl; 
Til  .with  a  friend 
[e,  and  he  said 
lu  the  boat;  he 
,  ami  called  us 
lirteen  meu  to- 
He  took  tbe 
Stber,  and  told 


»_ 


into  rank 


itingtoBudd.) 


leman* 


Patriciv  Conrov,  s\v(»ni. 

Kxaniiiicd  b.v  Mr.  Van  ^^vke; 

(Jiiestiou.  Vou  have  been  cxaiiiincd'boforc  in  this  case. — Answer.  Ves, 
sir,  before^  the  coniiiiissioner. 

il  State  to  the  court  and  Jury  what  yon  know  in  this  matter,  and 
what  you  havi^H'ai'd  Ironi  citlH-r  of  these  (h'fenihints,  Ilcrt/  or  I'er- 
kins. — A.  1  nt^ver  saw  llert/,  but  at  the  I'nited  Slates  cotiiniissloner's 
(illice  I  liiid  tlu'  conversation  about  this  matter  with  Mi\  I'crkins. 

{).  State  when  you  had  that  eouversalion,  ami  what  it  was. — A.  Well, 

I  was  introduced  to  Mr.  I'erkins  at  the  JVniisy  Ivanian  ollicc.    I.s  it  iieces- 

>;iiy  lor  llu^  to  state  all  of  this  matter? 

Mr.  Van  Dvkio.  If  it  relates  to  the  issue  now  on  trial,  stat(>  all. 

WiT.NKSS.  I  was  introduced  to  .Mr.  I'erkinsat  the  Pennsylvanian  ojllee 

some  time  last  December,  J  suppose  in  that  lU'ij'hborhood  ;  and  a  few 

days  afterward  I  had  a  conversation  with  him  sit  Mr.  AlctJeoy'H 

UK)]    hotel,  in  *  Walnut  street,  in  which  he  said  there  were  thinjL,^s  he 

mi;>ht  wish  to  talk  to  me  id»out ;  I  did  not  unilerstand  it  at  the 

time,  and,  not  knowiiijn'  what  ho  meant,  I  did  not  say  anything.;  the  next 

tiiiii' I  met  him  was  at  the  IVnnsylvanian  oflice  aj;ain  ;   he   was  about 

liiiviii};  it  in  the  eveidny,  ami  './e  was  cursin;-'  and  icajly  to  kill  all  al)out 

till' otli(!e,  damnins:  everybody  in  theollic^e;  J  asked  him  what  was  the 

matter,  and  betook  me  by  the  arm  and  we  walked  down  a  little;  he 

said  that  he  had  just  been  writing  a  letter  to  one  of  the  lords  in  I'^n;;-- 

land,  who  had  (d»a)'<''e  ^f  the  governnu'nt  there;  that  he  had  everythiu};' 

linlit  with  the  IVnnsylvanian  newsjjajter  lu-n*,  so  far  as  sidin,;;"  witl> 

till'  }'i)\ eminent   ajjainst   ifussia   was   concerned,  and    when   the  lirst 

t!iiii<>'  he  saw  that  morinnf»',  was  an  artich^  directly  a^^ainst  what  he 

had  written  to   En<ilaiid,   and   that  the  Pennsylvanian  had  deceived 

aim;  I  l)as.sed  it  oil"  carelessly,  as  1  did   not  care  what  was  ^"oin^'  on 

lii'twcen  him  and  the  J*eniisylvanian,  or  the  JJritish  government.    I 

met  him  again   Kome   time   afterward    in    tlu^    lv\chaiige    Hotel,    and 

lie  called  me  to  one  side  and  told  me  that  it  was  necessary 
joOT]   *to  raise  a  certain  amount  of  meu  in  this  country  for  the  purpose 

of  raising  a  legion  to  go  to  the  Crimea.  1  asked  him  how  it  was, 
and  be  said  that  such  was  the  case.  I  asked  him,  then,  whether  there  was 
any  danger  in  enlisting  men  in  this  country  for  that  purpo.se,  for  I  had 
lnaid  that  there  was,  and  he  said  no;  that  he  bad  been  (lowu  at  Wash- 
iiiflton,  and  lixed  all  that.  He  said  that  'Slv.  Cramiiton  .sent  for  him, 
iinil  when  lie  went  M  Crampton,  he  sent  him  to  Marcy,  and  when 
Many  a.sked  him  all  about  it,  he  said  he  humbugged  him  about 
it.  and  told  him  he  was  only  going  to  send  the  men  to  Halifax  to 
'li!,'  a  canal ;  that  Mr.  Marcy,  in  reply  remarked  tliat  he  was  a 
pri'tty  cunning  fellow,  and  then  it  all  pa-ssed  over;  it  was  all  lixed, 
and  there  was  no  more  danger  at  all  about  it ;  he  then  .said  to  me  that 
ii  I  would  choo.se  to  take  a  part  in  the  matter,  that  he  would  guarantee 
j 'lie  a  commission  in  the  legion  for  a  certain  number  of  men,  and  for  a 
I  less  number  be  could  guarantee  a  non-commission ;  that  if  I  would  take 
m  interest  in  the  matter,  hfi  would  ttx  things  for  me,  but  that  it  would 

take  two  or  three  moutlis  to  do  so ;  that  I  knew  there  wex"e  a  great 
[398]  many  men  over  the  country  who  were  suttering  *from  bad  times, 

and  who  could  be  enlisted,  and  that  he  would  make  it  to  my 
jiiiterest  to  do  so.  I  told  him  I  would  think  about.  The  next  time  I  saw 
jliini  he  was  going  directly  from  his  office  in  Third  street;  from  the  steps 
|«t  !iis  office  he  went  down  to  Campbell's  cellar  in  Third  street.  He  was 
jt'we  a  minute  or  more,  and  then  he  came  up  and  came  over  to  me, 

38  a 


y,-« 


504 


TREATY   OF    WASHINGTON PArERS    ACCOMrANYlXG 


t^'U 


it 

if 


\L    "^ 


'  y^ 


k'f» 


opposite  tlio  Exchaiijje  TTotol ;  ho,  took  me  by  the  arm,  and  i)nllHl  me 
to  one  side,  and  asked  me  if!  Iiad  done  anytliinji'  in  that  mutter  vot:  1 
said  no,  I  did  not  intend  to  do  anytliinj;'  in  tlie  matter  mysi  if,  but 
there  were  friends  that  mijjflit;  l»e  then  said  to  me  that  he  conhl  not  ;:ii:ii- 
antee  a  commission  in  the  re;>nhir  army,  bnt  he  ( t)idd  in  tlie  fnrei;:!; 
legion,  and  if  I  liad  friends  wlio  wonhl  take  snch  jmsitions,  he  woiilil 
guarantee  them  the  same,  and  if  I  saw  any  wlio  wanted  to  eidist  to  Mini 
them  over  to  the  otliee,  G8  South  Third  street.  I  said  I  would  do  so.  and 
he  then  remarked,  I  am  now  in  a  hurry  ;  I  am  going  down  to  the  ]]riti>li 
consul's;  I  have  news  from  Washington,  and  I  will  see  you  when  1  ruim 
back.  I  luul  no  more  conversation  with  him  on  the  suhjt'ct,  tx 
[309]  cept  that  he  told  me  he  was  an  agent  of  the  British  gov*('rmiii'iir. 
and  luul  three  hundred  or  four  lauulred  men  to  look  after  in  tlii- 
country,  and  pay  them.  lie  told  me  that  on  the  occasion  wIhmi  lie  liail 
to  see  me  in  a  hurry ;  he  repeatedly  told  me  that  he  was  an  agent  ot  tin 
British  government,  and  solicited  my  assistance  in  all  these  ways  for  tLi 
l>urpose  of  raising  men  for  the  foreign  legion. 

Q.  Did  he  tell  you  where  the  enlisting  was  done? — A.  lie  did;  Ik- 
pointed  over  to  the  ollice.  No.  (58  South  Third  street. 

Q.  Where  was  he  at  the  time  .' — A.  Standing  on  the  steps  of  DuniiV 
Exchange  Hotel. 

Q.  How  long  before  the  arrest  of  Hertz  ? — A.  Some  two  or  tbit-.- 
'Weeks. 

Q.  Are  you  in  the  volanteer  corps  ? — A.  Yes.  sir ;  I  hold  the  coinmi- 
sion  of  colonel.  • 

Q.  Did  he  ask  you  anything  about  the  commission  you  had  .' — .V.  Yt-. 
ftir,  he  asked  nu',  what  commission  I  held,  and  1  told  him  colonel  of  tli-- 
Second  liegiment  of  Pennsylvania  Volunteers,  and  he  said  he  coiil<i 
guarantee  nu»,  a  cai)taiiH!y,  if  I  would  go,  an<l  he  knew  from  my 
[400]  position  here*  that  I  could  be  of  use  to  them,  and  he  would  iiiiikt- 
it  of  use  to  me.  1  have  stated  pretty  near  the  whole  sultstaim 
of  the  conversations ;  we  had  a  great  many  other  conversatious,  l>iu 
but  there  was  nothing  stronger  in  them. 

Q.  Did  he  tell  you  at  any  time,  or  do  you  know,  that  he  actually »;;  | 
gaged  any  pervson  to  go  to  Halifax  for  the  purpose  of  enlisting,  ami.  d 
so,  what  person  :' — A.  I  do  not,  sir;  1  know  he  tried  to  engage  me. 

Q.  Did  he  not  engage  you  't — A.  No,  sir ;  I  refused  him,  and  he  tiietl  j 
to  get  me  to  solicit  others  to  do  so. 

By  Mr.  Gillon  : 

Q.  He  said  that  you  could  be  useful  to  hira  in  that  line  of  business  .'-| 
A.  Yes,  sir. 
Q.  You  are  in  business  in  this  city  ? — A.  Yes,  sir. 


-Answer.  I  belong  to  a  milit;irv 


ED^VARB  W.  Power,  sworn. 

Examined  by  Mr.  Van  Dyke  : 

Question.  Are  you  a  military  man  ?- 
company  and  hold  a  commission. 

Q.  Do  you  know  anything  about  Hertz  ? — A.  I  do  ;  I  was  atli 
[401]    oftice  in  South  *Third  street  about  the  li(»th  or  !ilst  of  3hueli. ' 

therealwuts  ;  I  went  to  08  South  Third  street,  aiul  went  up  stair  j 
into  a  backroom,  and  there  I  found  some  five  or  six  wen  sitting  aroumltbtj 
table ;  1  spoke  lirst  to  this  gentleman  here,  1  think,  IMr.  Leob ;  1  askeil  liii 
whether  that  was  the  place  in  which  they  enlist  men  for  the  Crimea;  lies.iitj 
that  this  geutleman,  pointing  to  Mr.  Hertz,  was  the  person.    I  tM 


nyc. 


cou\tp:r  case  of  the  tnited  states. 


505 


nd  pulled  nic 
mutter  yet ;  1 
r  myself,  bm 
mid  not  jiUiiv- 
n  the  torei^'ii 
ons,  Ite  wouM 

enlist  to  semi 
uld  do  so.  uiiil 
to  tl»e  liiiti>ii 

Avlien  I  euiiii- 
he  suhjeet,  ex- 

p;ov*eiiniieiit. 
>lc  al'ti'V  in  tlii- 
n  when  he  hiul 
in  a^ent  ot  tin 
se  ways  for  tit 

-A..  He  did:  li- 

iteps  of  l)urai".> 

e  two  or  thuf 

lold  the  coimuiv 

1  had  J-A.  Yt>. 

m  colonel  ot  tin- 
le  sai»l  he  coul.l 
e  kne^\■  Irom  my 
I  he  would  ur.iki- 
whole  suhstaiitr 
uversatious,  but  i 


tnniedto  liim,  and  asked  liim  what  were  the  inducements  ottered  to  those 
men  who  had  serve<l  in  .Mexico  dnrins"  the  war.     He  said  that  any  man 
t\lio  eould  come  with   a  eoujpany,  and  capaUle  of  commanding"  them, 
would  he  entitled  to  a  commission  in  the  Kn'rlish  army  :  that  this  lej^ion 
vas  for  the  ]>urpose  of  .uoinj;-  to  th«^  Crimea  ;  he  asked  me  if  I  was  con- 
nected with  anything- here;  1  t(dd  liim  that  1  was:  that  I  then  lu"M  ;; 
eiimmission ;  an<l  he  aske«l  me  then   what  numher  of  men  there  were; 
well,  I  said,  we  nund)ered  from  sixty  to  sixty  four,  hut  there  was  not 
more  than  thirty  equipped.     lie  then  seemed  anxious  that  I  slionldcall 
a^iii:  I  It'it  him  with  the  i>romise  that  1  would  call  au'ain  :  I  did  so.  in 
eomi)any  with  Peter  8omers,  who  was  formerly  first  lieutenant  «»f 
lit'i   *the  Continental  C  uards ;  I  went  there,  and  intioduced  Mr.  ISoukms 
under  a  lictitious  name;  1  did  that  for  the  purpose  of  aseertaininjjf 
bow  tliey  sent  the  men  away,  so  astoliave  him  aseeitain  that  fact.     Wo 
liad  a  conversation,  for  the  second  time,  with  31  r.  Jlert/,  and  Somers 
:;i!i.:;lied.  aud  I  thouj^ht  the  joke  was  being carricil  too  far,  and  1  kind  of 
s-iiileil.  and  then  I  saw  the  whole  thing  was  settled,  and  wo  retired.     On 
^lK'-7tli.  the  night  before  the  arrest,  a  man  by  the  name  of  IJenners,  I 
-.iiiiik.  came  to  the  armory  while  I  was  drilling  the  company. 
(l  Was  :Mr-  Hertz  there  ?— A.  No,  sir. 

i].  Do  you  know  whether  Perkins  had  anytliing  to  do  with  tliat  of- 
E.T.'— A.  Yes,  sir;  the  second  time  that  I  went  then*,  that  was  on  the 
S;mirday,  'Sir.  I'erkins  was  sitting  in  the  front  room. 

Q.  When  you  land  at  the  tor  of  the  staircas^  going  p.p.  you  go  into 
the  back  room  of  that  ollice  first,  do  you  not/ — A.  Yes,  sir  ;  and  that 
makes  the  front  room  the  back  rooui ;  there  was  two  fohling-doors  be- 
tween the  two  looms, and  they  were  partly  open  ;  theroo.'u  fronting 
ftV   on  Third  street  was  used  as  the   back  or  private  oflice,  *and  the 
hack  room  as  the  front  ollic-e.     Tliere  was  a  tall  man  there,  from 
whose  api>earaiu.*e  and  maimer  I  supposed  In*  was  an  Knglish  otlicer,  or 
one  eiigatred  in  the  English  service.      Perkins  was  sitting  on   a  chair 


t  he  actually  «■'.. 
lenlisting.  and.  .i 

engage  inc. 
lim,  and  he  tntil 


!tf '.ling  hack,  and  as  he  saw  me  he  drew  his  head  back. 

(^  Do  you  know  from  any  (Conversation  you  liad  with  Perkins,  or  are 
T'li  aware,  tiiat  Perkins  has  ever  engaged  any  individm>l  togotc,  llali- 
;<x  to  enlist .' — A.  AVell,  1  would  not,  may  it  i)leas«'  the  court,  like  to 
answer  that  question,  because  it  would,  to  a  certain  extent,  criminate  me, 
v»far  as  the  law  of  the  State  is  concerned. 

Mr.  V.VN  Dyke.  I  did  not  ask  you  anything  regarding  yourself  with 
IVrkiii.s, 

Q.  Do  you  know  whether  he  has  engaged,  hired,  or  retained,  or  made 
lie  of  business!-^  a  Itargaiii  with  any  other  individual  '. — A.  I  know  that  he  lett  me  oiu' 
••veiling  to  go  to  New  York  lV»r  the  purpose  of  attending  to  some  busi- 
Dfvifor  Mr.  Crampton. 

'^  Vou  do  not  exactl.v  comprehend  my  question.  Do  you  know 
^^bdlierhe  ever  said  to  any  indivi<lual,  "  I  want  you  to  go,"  or  did  lu^ 


mg  to 


militarv 


m 


engage  any  individual  to  go  to  Halifax  ? — A.  No,  sir. 


,do;  I  was  at  111* 
1st  of  Miiioli. 

[d  went  up  stiiiij 
itting  around  tU<^ 

Lb;  1  asked  I'lB 

le  Crimea:  hes-i"! 


person. 


Itbe^ 


*Q.  Do  you  know  what  he  was  doing  in  the  front  ottice  when 
you  saw  him  there  ? — A.  No,  si*-. 

*i-  What  was  your  conversation  at  that  time  ? — A.  3Ir.  Hertz  and  I 
'•T*-  speaking  together  about  this  <'ompany. 

'^  Was  tiiat  the  only  time  you  saw  him  there  .' — A.  I  saw  him  aftcr- 
'sril  come  out;  I  went  therewith  a  number  of  persons,  who  waited 
"0  the  outside  to  hear  what  was  to  be  said,  as  they  were  determined 
'bat  the  thing  should  be  broken  up;  and  as  we  stood  on  the  other  side, 
^*.  Perkins  came  out,  and  went  down  into  Campbell's  cellar,  and  then 
« cauie  out  aud  oVer  to  the  other  side,  aud  spoke  t  j  Conroy  aud  some 


P- 


> 


i  I'M 

m 


']  f 


1".%'., 


596 


TREATY    OF    WASHINGNON — PAPERS    ACCOMPANYING 


otlner^  with  him;  my  introduction  to  Perkins  was  tliat  lie Caino  witli 
a  note  to  me  as  the  second  of  a  gentleman  who  had  cliallenyeil  a  tiioiid 
of  mine  to  tight  a  duel. 

Q.  He  told  you  he  was  going  to  New  York  to  see  Crailiptoii  .'—A. 
Yes,  sir;  he  said  he  had  business  with  him  ;  he  told  me  that  in  Browns 
drug-store. 

Q.  Did  he  tell  you  what  business  1 — A.  No,  sir  ;  he  told  nie  that !  c 
had  a  great  deal  of  business  to  do  now ;  that  he  was  connected  with 
the  railroad,  aiul  hatl  to  see  his  friend  Mr.  Cramptou  in  New  York. 

[10.5]    *nuGii  Casey  sworn. 

Examined  by  Mr.  Van  Dyke  : 

Question.  Do  you  know  Mr.  Hertz  ? — Answer.  \"es,  sir. 

Q.  (J^ointing  to  Mr.  Hertz.)  Is  that  the  gentleman  ? — A.  That  is  tlio 
gentleman. 

Q.  Do  you  know  Mr.  Budd? — A.  Yes,  sir;  (pointing  to  Budd,)  tliats 
hirn. 

Q.  Did  you  go  to  the  office  No.  GS  South  Tliird  street  ?— A.  Yos.sii  ; 
I  went  there,  and  Mr.  Hertz  and  I  had  a  conversation.  1  siiw  in  tin 
Ledger  that  they  Avere  enlisting  for  the  foreign  legion  tlier<>,  and  1  went 
down  and  saw  Mr.  Hertz,  and  he  told  me  to  come  back  and  he  woiiM 
give  me  a  ticket;  I  went  thereon  Friday  and  he  gave  me  a  tic]<c(  m 
sail  on  board  the  boat  with,  and  twelve  and  a  half  cents,  and  t  ' ;  m 
thar  the  boat  would  sail'  on  Sunday,  the  l*r)th  ;  1  went  ba(;k  on  JSiii  : , 
with  three  other  men  who  enlisted  with  me,  and  he  gave  me  a  (iiiaiiri 
of  a  dollar.  On  Saturday  afternoon  1  went  back  again,  and  ho  gave  iiif 
nine  cents,  and  on  Sunday  I  went  down  to  the  boat,  and  she  had  sailcil, 
I  went  to  the  office  on  IMonday,  and  Mr.  Hertz  was  not  there,  but  .Ali. 
Budd  was  there,  and  he  told  me  to  come  back  on  Wednesday,  and  lie 
would  give  me  a  ticket.     On  Wednesday  I  went  down. 

Q.  What  did  you  do  with  the  ticket  you  got  on  the  tir.st  occii 
[40GJ  sion '? — A.  I  gave  that  ticket  up;  I  guess  yon  have  it  now.  *Oii 
Wednes<lay  1  went  down  there,  and  met  Budd  at  the  stcaniboiir 
with  Mr.  Hertz ;  Mr.  lleitz  saw  me,  and  told  me  to  go  on  hoard.  1 
went  on  board  the  stea-.iboat,  and  there  I  saw  the  rest  of  the  nu'ii  liiid 
tickets  in  their  hands,  a':d  I  had  none,  and  then  I  went  up  to  tlicotlicc, 
thinking  that  Hertz  was  there,  to  get  a  ticket,  and  when  1  came  bad 
the  boat  had  sailed. 

i).  Did  Hertz  give  you  the  first  ticket? — A.  No,  sir;  J^h\  I'lidd  j;iivt'j 
me  the  ti.ket  himself  for  Sumlay;   I  do  not  recollect   getting  it  in 
Saturday;  the  31st  of  March  I  saw  Mr.  Hertz. 

Q.  When  you  got  back  from  the  office,  you  say  the  boat  had  sailed?-! 
A.  Yes,  sir;  t  went  u^)  to  the  office  in  Third  street,  and  when  1  eaiiicf 
back  the  boat  had  sailed;  it  was  the  Menennm  San  ford ;  T  then  ear"] 
back  and  saw  Mr.  Hertz,  on  Saturday,  in  Mr.  Heazlitt's  (1  think  tliat 
his  name)  othce;  he  was  looking  for  bail,  and  1  went  over  to  liim,  amlj 
Hertz  said  to  nu^,  "  Who  is  going  your  bail?"  and  1  said,  "  1  do  not  winitj 
any  bail,  because  I  come  out  of  the  boat  to  get  a  passenger-titdvet  ai 
did  not  go;"  and  he  then  said,  "J^o  you  waii^  a  little  money?"  and  toM 
me  to  step  around  by-aud-by  and  he  would  give  me  some  money ;  1  wtiitj 
around  at  4  o'clock.  Mr.  Kennik  and  him  went  up  to  8eveiitlil 
[407]  and  Chestnut  *street8,  and  I  waited  in  the  room  until  lie  eamej 
back,  when  he  gave  me  twenty -five  cents,  and  said  to  me,  "  ViinJ 
will  go  and  swear  against  uu',  and  be  damned  to  you." 

Q.  Did  you  tell  him  what  you  wanted  to  go  to  Halif.'.x  f"  •  ?— A.  T  sniij 
times  were  very  hard,  and  I  would  like  to  go  lo  Hsliiax  fcr  '.be  puipo'^l 


COUNTER  CASE  OF  THE  UNITED  STATES. 


507 


ofenlistinpf  in  the  foreijfii  legion  for  the  Crimea;  and  then  he  said  that 
he  would  give  me  tickets  to  go  there,  and  that  1  would  get  ^3if  bounty 
and  $'S  a  month,  but  that  he  could  give  me  no  money  until  I  went  on  to 
llalitax. 

Cross-examined  by  Mr.  Kemak: 

Q.  Did  you  not  tell  some  people  that  you  were  going  to  see  ^Ir.  Van 
Dy'ce,  and  get  him  to  send  you  to  i)rison  tor  the  i>urpose  of  your  sup- 
put?— A.  I  did  not,  sir,  use  that  expression;  I  told  a  person  tiiat  I  met 
oil  the  street  that  I  was  foole<l  by  the  party,  and  that  Mr.  Hertz  insulted 


me, 


-A.  That  is  tlio 
to  BmW,)  that's 


and  I  would  go  as  State's  evidence  against  him. 


PniLii'  Label  sworn. 

As  this  witness  eouhl  not  speak  the  English  language,  Mr.  Davis  was, 
;itthe  request  of  Mr.  Kemak,  aflirmed  as  his  interpreter. 

Examined  by  Mr.  Van  Dyke: 

[40S]       Question.  Do  you  know  Mr.  rlovt'A  ? — *  Answer.  Yes,  sir;  (point- 
ing to  Hertz,)  that  is  the  gentleman  sitting  there. 
Q.  State  all  you  know  about  the  enlisting. — A.  1  read  in  the  Demo- 
crat that  some  persons  were  retpiired  to  go  to  Ilttlitax,  and  I  went  to  the 
urtit'e,  Xo.  08  ►South  Third  street,  and  made  some  inquiries  there  if  that 
was  the  place  for  enlisting;  I  made  the  inquiries  of  Mr.  IJosschart :   I 
till  11  iiKinired  if  they  engaged  some  people  there ;  they  told  me  that  they 
i>'7  k'sircd  to  engage  some  persons  to  go  to  Halifax  in  order  to  work  there: 
Mien  asked  him  if  [  c(nUd  become  a  soldier  if  I  went  there:  In-  made 
till  reply  that  it  was  li'ft  optional  to  me  to  <loso  or  not;  that  those  who 
arc  willing  to  become  soldiers  may  do  so,  and  those  who  wished  to  work 
may  do  so  too. 

Q.  Did  you  say  whether  you  were  willing  to  become  a  soldier,  and 
tliat you  wanted  to  become  such? — A.  Xo,  sir;  I  did  not  int,Mul  to  go 
tlit'ieas  a  soldier;  I  made  the  inquiry, if  when  a  person  got  +here  he  en- 
listed, what  he  received;  I  was  then  told  there  was  $30  bounty  and  $8  a 

llliUltll. 

Q.  Who  told  you  that  ? — A.  The  same  man,  Mr.  Dosschart. 

<i>.  What  conversation,  if  any,  took  place  between  you  aiul  Hertz  * — 

|,  A,  The  iirst  day  that  I  ci'.me  tliere  I  saw  this  gentleman  there;  I  then 

iiUMi'red  what  timt*  the  v«'ssel  would  go;  he  tohl  ine  that  lu  tlid 

n  i  I'iow;  *tliat  Mi:  Hertz  was  not  in,  and  he  could  not  t«'ll  ine. 

:  v\e':*  there  again  on  the  following  day  and  saw  Mr.  Hertz,  and 

li''..ii  I'  1  '.iA\  a  card, 

\  (T  'V  '  -'lown  same  as  on  page  — ,  ante.)  Was  it  a  card  like  that  f 
-A.  Vi-.s,  ■■■ii\ 

Q.I  1-  )  .!gn  any  i»aper? — A.  Xo,  sir;  T  did  no  ;  that  gentleman 
put  my  naihc  down  on  some  paper  ;  3Ir.  liosschart  did  so. 

Q,  I)id  you  go  to  the  vessel  ? — A.  Yes,  sir;  Mr.  Hertz  told  me  where 
the  vi'sserwas,  and  I  went  toward  it — that  is  all;  I  v  ent  on  board,  and 
tbt  is  all. 
'i.  Did  you  go  to  Halifax  f — A.  Xo,  sir. 
'i'-  >Vhy  not? — A.  Because  we  were  arrested  before  then. 
'1'  Who  had  ccamand  of  you  on  the  boat  ? — A.  Mr.  Jiudd. 

i^s  Johnson  sworn. 

•     ;.ani(!d  by  Mr.  Van  Dyke: 

^ViTNKss.   Mather.  Burk  is  my  proper  name ;  you  will  see  it  so  on 
pir.  Hertz's  list. 
Question.  How  came  j'ou  to  get  the  name  of  James  Johnson  ? — Answer. 


m 


mm  IT 


i, 


Iv  « 


i 


.,.,. 


t 


098 


TREATY    OF   WASHINGTON PAPERS   ACCOMPANYING 


lil 


it     > 


'cM 


I  did  not  wish  my  name  to  be  published  in  the  papers  so  thjit  my  fi  iciids 
would  know  it;  I  ^ave  my  propel*  name  to  the  court  at  the  tiiiic. 
I  ilO]        Q.  Why  did  you  not  want  your  real  name  known? — *A.  J  did 
not  want  my  friends  to  know  that  1  was  made  a  prisoner. 

Q.  Did  3'ou  not  give  that  name  under  oath  ? — A.  No,  sir,  I  did  not;  I 
tjlti  the  coinmissiouei",  and  the  grand  jury,  and  you,  my  proper  niiuie, 
and  the  circumstances  of  it. 

(}.  J)o  you  know  ]\Ir.  Hertz  ? — A.  Yes,  sir. 

Q.  NVhen  did  you  see  him  ? — A.  I  saw  him  on  the  27th  of  March. 

(^.  Did  you  see  iiim  before  that? — A.  No,  sir. 

(^.  Was  you  on  the  boat? — A.  Yes,  sir;  in  the  steamer  Menenioii 
Sanford,  on  the  river  Delaware. 

(I.  Had  you  seen  Mr.  Hertz  before  that  ? — A.  I  saw  him  the  day  be 
fore  at  08  South  Third  street.     W^e  were  laken  on  a.  Wednes(iay. 

Q.  How  cam(»  you  to  go  to  his  ottice  ? — A.  I  called  first  on  Moii'lay:  I 
saw  the  advertisement  in  the  Ledger  of  men  wanting.  I  did  not  read 
it  myself,  but  another  man  read  it  for  me,  and  1  went  to  see.  ^Ir.  Hiidd 
was  there.  I  told  him  I  had  called  from  seeing  the  advertiseiiicnt  of 
soldiers  wanted,  and  I  said  I  wanted  to  enlist.  yi\\  IJudd  told  iiic  that 
1  could  not  he  Milisted  there,  but  that  he  could  tell  me  how  F  could  lict 
to  Ilalii  .  '1  said  tliat  I  supposed  that  wouhl  au  toget  to  llal- 
1411]  ifax;  he  1.  told  me  1  must  come  once  again.  I  called  ii;>aiii 
that  afterno  ,  which  was  ^NFonday  afternoon,  and  he  told  ww 
tiiat  a  boat  had  gone  before,  and  it  was  a  pity  1  had  not  been  sooner.  1 
called  again  on  Tuesday,  an«l  ]\Ir.  Hertz  was  there  ;  I  told  Hertz  iiiy  busi- 
ness, that  1  had  come  to  enlist,  and  the  re[»ly  he  made  I  cannot  tell  ikiu. 
but  it  was  "very  well,"  or  something  to  that  effect;  he  told  me  to  stay 
a  while,  and  1  staid  a  while  and  some  more  men  came.  I  told  biiii  iii.v 
name  and  he  wrote  it  down  on  a  sheet  of  paper;  he  also  wrote  sdiiic 
others.  I  told  him  when  he  was  going  to  write  it  that  another  man  had 
written  it  the  day  before,  and  he  said,  very  well,  I  will  take  it  again. 

i}.  (Papei-  sliown.)  Is  that  the  i>aper  on  which  your  name  was  writ 
ten  ? — A.  That  is  my  name  on  it,  though  I  cannot  say  whether  it  is  the 
]»a])er  on  Avhich  INIr.  JJudd  wrote  my  name  the  first  day;  I  called  dii 
llertz  the  day  after;  he  did  not  tell  me  what  bounty  I  would  receive ;  1 
did  not  inquire;  he  gave  a  ticket  and  1  was  to  go  down  to  the  boat. 

(,).  (The  "N.  S.  11.  C."  r-cket  shown.)     Was  it  a  ticket  like  that  :'-A, 

I  actually  believe  it  was  one  of  them  green  tickets;  I  think  sd. 

[41ii]    but  would  not  swear  positive*ly  that  it  was  a  green  ti(;ket,  tb()iij;ii 

I  actually  do  believe  it  was  one;  I  recollect  it  having  those  letters 

(-N.  S.  K.  C.")'on  it. 

(^  What  did  he  tell  you  to  do  with  the  ticket  ?— A.  He  t(dd  nic 
J  was  to  go  down  on  board  at  Pine  street  wharf.  I  then  went  away. 
and  called  back  again  to  the  ofiice.  and  Tasked  him  "was  Itouonii 
board  and  say  nothing  to  no  one,  or  was  there  to  be  anybody  there  to  | 
receive  me ;"  lie  told  nu^  to  go  down  between  9  and  10,  and  go  straiulit 
on  board,  and  to  tell  the  rest,  if  J  saw  them,  to  go  on  at  tlie  same  time. 
I  went  next  movning  and  did  .s(>,  and  went  on  board  the  boat  and  w;is 
taken  al  )ut  to  the  navy -yard,  when  they  brought  us  back  again. 

i}.  W  lat  took  place  when  you  got  on  board  the  boat? — A.  I  saw  Mi. 
]>udd  on  board,  and  we  were  called  together,  and  an  excliangeot  tieket 
took  place;  we  were  going  on,  and  I  thought  in  a  fair  way  for  (Jaiiadn. j 
and  the  next  news  that  I  heard  vvas  that  we  were  all  made  prisoners. 

Q.  Did  Mr.  Budd  call  you  together  ? — A.  Ye.s,  sir,  he  was  there  aeti;:;'j 
as  a  kind  of  officer  or  man  in  authority;  he  did  not  put  us  in  inilitaiy 
form,  but  called  us  together. 


JYING 

lat  my  tVioiids 
I't  at  the  time. 
11  ?— *A.  I  cli.l 
isoner. 

•,  I  tlitl  not ;  I 
proper  name, 


of  ^Nlavcli. 

ner  !Meueniou 

ini  the  day  be- 
.iiesday. 
,  on  Monday;  I 
I  (lid  not  read 
^ee.  ^Ir.  Uiuld 
Ivertisenu'Ut  ot' 
hi  tohl  me  that 
low  I  eould  livt 
.u  to  ;i'et  to  Jlal- 

1  calh'd  a^aiii 
md  he  told  iiic 
been  sooner.  1 
UlertzmylMisi- 
cannot  tell  now. 
told  me  to  stay 

I  told  him  my 
Iso  wrote  soiiu' 
nother  man  liad 
ake  it  ai;aiii. 
name  was  writ- 
A-hether  it  is  tlu' 
hy  ;  1  called  mi 
Ivould  receive;  1 

to  the  boat. 

t  like  that  !-A. 
lets;  1  think  sh. 

n  tieket,  th()ii;;li 
ling  those  letters 

U.    He  told  lilt' 
fieu  went  away. 
Vwas  I  to  ji'<i"ii , 
liybody  thereto 
[and  go  strai.uiit 
the  sauio  tinif. 
.,  boat  and  was 
Ick  again. 
]?_A.  I  saw  )Ii'. 
|hangcofti('kft>i 
ray  tor  Canailn.  j 
[id'e  prisoners.    : 
aa  there  acti"?ij 


COUNTER   CASE    OF    THE    UNITED    STATES. 


599 


Cro.ssexarainatiou  bj'  Mr.  Eemak: 
fU3]       *Q-  How  much  money  have  you  received  from  the  United  States 

a.s  witness-fees  ? 
Mr.  Van  Dvke  objected.     You  need  not  answer  that  (piestion. 
Mr.  Kemak.  1  only  wanted  the  jury  to  know.     You  need  not  mind. 

Peter  Moiin  sworn. 

Examined  by  Mr.  VAN  Dyke : 

Question.  Do  you  know  ^\v.  Hertz? — An.swer.  Yes,  sir.  I  have 
known  him  since  the  2Gth  of  March.  I  just  saw^  him  in  the  office,  No. 
08  South  Third  street. 

Q.  How  came  you  to  go  there? — A.  There  was  a  man  told  me  that 
there  was  an  oftice  to  semi  men  to  Halifax  to  work.  I  was  out  of  work 
and  went  there.  That  was  on  Mon«lay  afternoon,  and  I  found  nobody 
there  but  Mr.  Budd,  and  that  young  man  *^here,  Mr.  Bo.s.schart.  He 
tiild  nie  to  conuj  next  day,  when  yiv.  liertz  would  be  home,  and  then  I 
could  know  all  about  it.  I  went  there  the  next  day,  and  he  said  "  Yes; 
ji'^'^'ent  men  to  Halifax  to  work." 

Q.  What  kind  of  work? — A.  Any  work  that  you  ]dease<l ;  ami  if  I 
did  not  like  it  there  I  could  get  a  free  ticket  back  here  again ; 
[414]  and  that  if  [  wanted  to  go  in  the  *army  I  would  get  S'M)  bounty 
and  88  a  montb.  He  told  me  to  come  in  again  about  2  o'chudv, 
iurI  lie  would  tell  me  all  ab.out  it.  I  went  about  2  o'(dock,  and  he  said 
tliat  Budd  was  going  off  next  day  at  10  o'clock,  and  he  gave  me  a 
ticlvot. 

(J.  What  colored  ticket  was  it ;  red,  yellow,  blue,  or  green  ? — A.  I  do 
lutt  recollect;  one  of  the  green,  I  guess  :  (ticket  shown;)  that  is  like  it ; 
riiie-street  wharf  was  on  the  back  of  it. 

{}.  You  went  to  Pine-street  wharf  ? — A.  Yes,  sir,  and  1  went  on  the 
boat. 

().  Who  did  you  meet  tlune? — A.  I  met  ]\[r.  Budd  ;  he  was  there, 
aii(l  he  took  command  of  us. 

Q.  Did  you  ever  see  Hertz  down  there  ? — A.  Xo,  sir. 

(l  You  were  arrested  that  clay,  were  you  not  ?-   A.  Yes,  sir. 

John  Jenkins  sworn. 

Examined  by  Mr.  Van  Dyke  : 

Question.  You  are  a  <leputy  marshal  ? — Answer.  Yes,  sir. 

i}.  Will  you  state  whether  you  had  a  warrant  in  the  latter  end  of 
March  for  the  arrest  of  certain  ])artles,  and  whom  ? — A.  The  marshal 
had  a  warrant  for  the  arrest  of  Hertz  and  others,  and  1  accompanied 
liim. 

Q.  State  what  yon  did  then. — A.  The  mar.shal  directed  me  to 
[415]  go  on  board  *the  steamer  Sanford  and  arrest  the  i)arty  that  were 
there.  I  arrested  ^Ir.  Budd,  together  with  some  twelve  or  fifteen 
men,  who.se  names  I  do  not  remember.  The  mar.shid  himself  afterward 
wilt  to  the  oflice  of  .^Ir.  Hertz,  and  then^  arrested  Mr.  Hertz,  3Ir.  Boss- 
'hait,  and  two  others — four  in  all,  1  think. 

^h  .Mr.  Hertz  was  iimong  them? — A.  Yes,  sir. 

Q.  You  arrested  these  men  ? — A.  Yes,  sir. 

/l  C^N.  S.  U.  C."  tickets  shown.)  Do  you  know  these  tickets  ?— A. 
Each  of  the  men  had  tickets  similar  to  those  upon  their  persons.  1  took 
tliem  from  them. 

Q.  (New  York  steamer  ticket  shown.)  Do  you  recollect  that? — A.  1 
do  uot  recollect  thut. 


[ 


-fi 


fM'4 


.ir*' 


600 


TREATY    OF    WASII.'XGTOX PAPERS    ACCOMPANYING 


9i-  , 

If 


I) 


1 


Q.  (Hook  of  Dr.,  coi»rainiiif>'  cash  account,  shown.)  Do  you  remenilur 
that  book  'i — A.  Xo,  sir  ;  I  do  not. 

Q.  (l>()ok  contaiiiinj''  list  of  uames  sliown.)  Do  you  renionibcr  tliat 
book? — A.  Y«»s,  sir;  I  renicrnbcr  that  book.  I  found  it  in  tlie  socretaiv 
which  yiv.  llcrtz  calh'd  his  private  secretary,  in  the  enlisting-oflice.  Ho 
gave  me  the  key,  and  1  opened  it. 

Q.  (Receipt  shown.)  Did  you  find  that  there? — A.  Yes,  sir. 

The  receipt  was  read  in  evidence,  as  I'ollows : 

Pjiii,ai>ku'Iiia,  March  2.'),  l^.Vj. 
[410]        *Roccivcd  of  Mr.  Ifeitz,  i^M,  for  passeiigorH  to  Hiilifax. 

A.  WINSOI!. 

i}.  Did  you  find  this  receipt  of  the  Ledger  fiu"  advertisinj*,  one  and 
two-thinls  squares,  one-half  month,  8!>.oO,  dated  ^larch  Ki,  l.sr»i>,  at  tlic 
oni<-e,  Xo.  08  South  Third  street? — Yes,  sir;  it  was  in  the  secretaiy;  1 
lecolh'ct  it. 

Q.  Did  you  lind  the  receipt  of  the  Pennsylvanian  there  ? — A.Yes,  sir. 
This  receipt  will  be  found  on  paj>'c  — ,  unic. 

I\Ir.  liiniAK.  Q.  Is  ]\rr.  IJert//s  nanu'  in  that  receipt? 

3lr.  Van  Dyke.  A.  X^o,  sir;  it  is  not. 

Q.  (X.  S.  R.  C  ticket  shown.)  Ditl  you  find  any  number  of  these 
tickets  there? — A.  Yes,  sir;  they  were  similar  to  these. 

<i).  What  did  you  do  with  them  ? — A.  I  yave  them  to  you. 

i^.  Do  you  recollect  whether  you  arrested  Michael  Gilroy  as  part  of 
that  company? — A.  Y'es,  sir. 

(^  On  the'boat  ?— A.  Yes,  sir. 

(^>.  lluyh  Casey? — A.  Y'es,  sir. 

(^.  Jamws  Johnson  ? — A.  1  do  not  remember  the  name. 

(^.  Charles  Weaver  ? — A.  I  do  not  remember  the  name. 

il.  Peter  ."\Fuhn  ? — A.  I  do  not  remember  that. 

il  Philip  Label  ?— A.  Xo,  sir. 

(^>.  Auj;ustus  Titus  ? — A.  I  remember  that. 
[417]        *{}.  liremen  Kernstein  ? — A.  1  do  not  remember  that. 
(^.  William  Finley? — A.  Xo,  sir. 

Q.  Y'ou  remember  Titus,  you  say? — A.  Yes,  sir;  I  believe  tlioy  nil 
were  the  i)arties  on  the  boat,  but  I  do  iu)t  remember  the  names  at  tliis 
time,  nor  did  I  hear  the  names  at  that  time;  J  remember  Gilroy,  Titus, 
and  Casey. 

(J.  (Paper  shown.)  Do  you  remember  that  paper? — A.  Y'es,  sir;  I 
jjot  that  in  hisollice;  it  was  on  the  tile.  The  paper  was  read  iu  evi 
deuce,  as  follows : 

PniLADKi.pniA,  20/71  of  Thirdmoiith,  1850, 

This  i,s  to  certify  that  Mr.  Juliiias  Lvncks  is  iu  sonml  health,  anil  lit  ior  .niy  .siivia'. 

UEIL,  JJovtcr. 

Q.  (Papers  shown  witness.)  Do  you  remember  those? — A.  Yes,  sir: 
these  were  in  the  secretary. 

Mr.  Van  Dyke.  The  one  is  the  i)aper  which  Mr.  Budd  stated  con 
tained  the  names  of  the  persons  he  took,  and  the  other  appears  to  be  a 
copy  of  the  recruiting-book. 

Examined  by  Mr.  Remak  : 

Q.  Did  Mr.  Hertz,  on  the  day  of  his  arrest,  give  yon  the  key  of  lii< 
oflice  and  the  key  of  his  desk  of  his  own  accord,  freely  ? — A.  I  demaiided 
them. 

Q.  Did  he  give  them  without  any  hesitation  ?— A.  I.  denumded  them 


•-fi. 


COUNTER    CASE    OF    THE    UNITED    STATES. 


GOl 


re  I — A.Yes,  sir, 


[Umber  of  those 


Thirdmonth,  lA")f). 


^e?— A.  Yes,  sir: 


(lemauded  them 


throiigb  yon,  niul  after  consiiltiitioii  with  him,  you  directed  Hertz  to 

give  them  to  me. 
[118J       *Q.  Did  he  give  them  of  his  own  aecord,  or  did  I  ask  liim  ? — A. 
I  think  that  it  was  after  yon  directed  him  to  do  it.     1  <h)  not  think 
I  bad  any  conversation  with  Mr.  Hertz  about  the  keys;  it  was  with  you. 

Q.  I  think  in  your  examination  before  the  commissioner  you  said  that 
attlic  time  Hertz  gave  you  tlie  keys,  and  1  had  uo  objections. 

Q.  (IJy  Mr.  (Ji  illou.)  Yon  mentioned  that  vou  arrested  a  number  of 
])ei',sons  on  the  boat,  and  you  also  said  tliat  you  arrested  at  the  oilice 
Hertz  and  some  others,  which  you  did  not  niention.  You  <lid  not  arrest 
Mr.  Perkins  tliere  ? — A.  No,  sir;  the  marshal  arrested  I'erkins.  He 
was  not  at  Mr.  Jfertz's  oilice,  or  upon  the  boat;  1  do  not  know  where 
lie  was  when  he  was  arrested. 

Edwauu  (J.  Webi$  atlirmed. 

Examined  by  Mr.  Van  Dyke  : 

Question.  ^Vre  you  acquainted  with  ^h:  Perkins  ? — Answer,  I  am. 

Q.  Have  you  ever  had  any  (;onversation  with  him  previons  to  the 
L'Stliof  ^lai'cli  in  relation  to  recruiting  for  the  IJritish  service  ? — A.  Yes, 
sir.  1  cannot  speak  as  to  the  <late,  but  during  the  time  the  enlistment  was 
going  on  in  Third  sticet,  opposite  Dock,  I  met  ]\Ir.  Perkins  in  Dock 
[UO]  street,  1  think  at  the  corner  of  Third  and*  D(K;k,  and  we  walked  down 
as  far  as  Walnut  and  Dock  streets,  and  there  stoi)ped  ;  a  conversa- 
tion arose  between  ns  as  to  the  eidistment  going  on,  or  said  to  be  going 
(111,  ill  one  of  those  buildings  (Ml  Third  street;  he  stated  he  was  hiring  men 
at**!.-"*  a  day,  and  sending  them  to  Canatla  or  Nova  !S(,'otia,  or  sonui 
dtlicr  pla(H>  in  thi;  IJritish  Provinces;  Tasked  him  for  what  purpose; 
wlietlier  they  were  to  go  in  the  foreign  legion  to  serve  in  the  Crimea; 
lio  said  he  em])loyed  them  nominally  for  that  purpose — 1  do  not  know 
wlu'tlier  I  us(^  his  language,  but  I  give  the  idea — of  working  upon  a  rail- 
niad.  I  remarked  to  liim  that  I  thought  they  would  tlnd  their  way  into 
tiie  barracks,  and  he  said  he  had  no  doubt  of  that,  or  he  sui»[)()sed  so, 
or  something  of  that  sort. 

Q.  Did  he  state  to  you  at  any  time  whether  he  was  doing  this  at  the 
sun^iestion  or  by  the  advice  of  any  higher  authority  than  himself? — A. 
He  (lid;  he  tohl  me  he  had  not  l)een  long  from  Washington,  and  that 
he  had  had  an  interview  with  Crampton,  the  liritish  minister,  while 
llieie,  ill  relation  to  this  subject, and  that  he  had  been  called  to  Washing- 
ton in  conse(pienc(!  of  some  dis(dosures  made  in  Philadelphia,  or' 
[420]  other  places,  alxmt  the  matter;  I  understood  him  *t()  say  that  he 
or  Crampton  waited  upon  Mr.  Mar(!y,  or  that  Crampton  told  him 
that  he  had  seen  i\[r.  .Mar(;y  and  had  (uitered  into  an  exidanation  about 
(he  course  they  had  pursue<l  in  Piiiladelphia,  and  that  after  In^  had  ex 
liliiiiied,  Mr.  Marcy  either  clapped  him  ni)on  the  shouhler — Perkins  or 
CiiUiipton,  I  do  not  now  distinctly  recollect  which — and  sflid,  "  You  are  a 
(««)(/)(//  (lofi,  you  have  not  violated  any  law  of  this  country." 

Q.  Did  he  tell  you  what  he  was  doing]? — A.  He  said  he  had  om- 
I'loyed  a  large  number  of  men ;  he  mentioned  the  number,  but  it  has 
eseaped  my  memory  ;  that  he  employed  them  at  81.!.*.")  a  day  to  go  into 
the  British  Provinces,  nominally  to  work  upon  the  railroad,  but  really 
to  s'o  into  the  army. 

Mr.  (luiLLou.  J)id  he  say  that? — A.  That  is  not  his  i)recise  bm- 
S'litKO,  but  that  is  the  idea;  it  is  impossible  for  me  to  recollect  his 
liiiiKuage. 

Q.  Give  the  substance  of  it. — A.  As  near  as  I  can  rec(dlect,  lie  said 
that  he  had  employed  a  large  number  of  men,  and  Inid  dispatched,  I 


%  f 


'im. 


r 


I 

■.J 
■ftf 


k 


W  ] 


G02 


TREATY    OF    WASHINGTON PAPEK8   ACCOMPANYING 


I     .    1" 


w 


mm 


m- 


\^^A. 


r  V 


think  ho  said,  five  luuidred  already,  noiniiially  to  work  upon  tlic  railrond 
ill  one  ()f  the  provinees,  but  he  expecited  tliat  they  woiihl  tiiid  tlicji' 
f41il]  way  to  the  barracks;  I  asked  him  whether  he  did  *not  employ 
tliein  for  that  i)nrpose ;  well,  he  sai<l,  he  did  not  eare  a  daniii 
where  they  went  after  they  jfot  there  ;  that  his  purpose  was  to  get  tliciu 
there,  and  then  they  inif^ht  take  eare  of  themselves. 

Q.  Di<l  he  say  that  tlie  British  authorities  would  take  care  of  tlicni 
after  they  iiot  tliere  ? — A.  I  cannot  say  with  ac(!uracy  whether  he  did  or 
not.  He  talked  very  fast ;  he  was  in  a  talking  mood  ami  said  a  good 
deal.     1  saw  from  his  Hushed  fae(^  that  he  was  in  a  talkative  way. 

Q.  Did  he  at  any  time  try  to  get  >ou  to  write  editorials  in  your  pajicr 
on  this  JJritish  (piestion  ? — A.  He  did.  He  was  in  the  habit  of  coiniiijf 
into  the  Peiinsylvanian  oilice  nightly  and  daily,  long  before  1  knew  wiio 
he  was.  After  he  had  been  coming  there  several  weeks,  he  ventured 
into  the  editorial  de|)artmeiit  and  conversed  with  the  telegraphic  re- 
porter, Mr.  Johnson :  he  entered  into  conversation  nightly  wifii  ine 
upon  the  subject  of  the  war  in  the  Crimea,  and  contended  tiiat  the  dem- 
ocratic i)arty  ought  to  take  ground  in  favor  of  the  allies;  that,  in  fact, 
the  United  States,  as  a  general  thing,  should  do  so,  because  she  was 
the  daughter  of  (Ireat  Britain  ;  our  peo^de  siioke  the  same  laii- 
[422]  guage,  and  wereeducated  iiithesanie  literature, and  soon.  *Ile  fre- 
quently grew  warm  ui)on  the  subject,  and  I  listened  to  him,  and  re- 
jieatedly  while  he  was  talking  ui)on  the  subject  1  was  writing  an  artiele 
against  the  allies  and  combating  his  argument  as  he  was  progressing. 

(^>.  \Vhi<;h  is  ^Ir.  Perkins  ? — A.  I  know  him  very  well ;  I  have  seen 
him  almost  every  day,  but  I  do  not  see  him  now  in  the  room. 

IMr.  GuiLLor.  Tiiere  is  no  difliculty  about  that. 

Witness.  He  always  said  that  he  was  an  agent  of  the  British  gov 
ernnient,  and  that  he  was  in  correspondence  with  Lord  ralnierstoii,  iuid 
I  think  Lord  Clarendon.  He  gave  me  to  understand  that  he  was  a  torv. 
and  that  the  tory  party  in  England  was  the  only  party  that  knew  any- 
thing, flaughter;]  that  they  were  always  able  to  carry  on  the  govern 
nieiit  properly;  and  that  the  whig  ])arty  was  composed  of  duiiees 
[laughter]  who  always  got  into  diniculties,  and  were  the  bitter  enemies 
of  this  country.  He  said  that  he  was  a  correspondent  to  several  news- 
papers, and  mentioned  particularly  the  Times,  and  stated  that  he  hail 
with  every  mail,  sent  a  file  of  tlie  rejinsylvanian  to  Europe  to  tiii' 
Times.  He  also  si)oke  of  Lord  Brougham,  and  said  that  he  was  in  cor- 
respondence with  him. 
[423]  *Q.  Did  he  say  the  correspondence  was  on  this  subject  .'—A. 
No,  sir;  1  do  not  think  he  did. 

Q.  Did  he  mention  the  subject  i — A.  He  was  talking  about  this  sub 
ject  at  the  time  he  said  this.  He  com[»1ained  about  the  tone  of  the 
articles  in  the  Pennsylvanian,  and  showed  a  good  deal  of  feeling.  Ho 
said  that  he  had  written  to  his  employers  in  Europe,  and  had  assiiied 
them  that  the  democratic  press  in  this  country  was  all  right,  wliicli  I 
believe  did  not  happen  to  be  the  (iase,  [laughter,]  and  that  they  wonM 
think  it  very  strange  that  he  should  give  them  such  information  when 
tliey  fouml  the  tenor  of  the  articles  against  the  allies  so  nltra  and  so 
strongly  in  favor  of  Russia. 

Judge  Kane.  Did  he  classify  Brougham  among  the  whigs  or  the 
tories  'i 

Witness.  I  do  not  remember  whether  he  classified  him  or  not ;  he 
said  he  corresponded  with  him. 

Mr.  GuiLLou.  May  it  please  your  honor,  he  was  like  the  man  iu  the 
play,  "  he  received  letters  from  Constantinople."  [Laughter.] 


IXG 


COUNTER   CASE   OF    THE    UNITED    STATES. 


G03 


1  tlu' vaih'onA 
ul«l  tind  lliciv 
*not  cmidoy 
•are  a  <lainu 
J  to  get  tlicm 

care  of  them 
her  he  did  or 
I  Haiti  a  good 
ve  way. 
in  your  \M\\m 
bit  of  i'oi\iii>!i' 
•e  1  knew  who 
,  he  ventured 
oU'graphie  re- 
ihtly  Willi  ine 
'  that  the  dem- 
;  that,  in  fact, 
tjause  she  w.is 
the  same  lau- 
soon.  *nefic- 
to  hitn,andic- 
■iting  an  articV 
progressing. 
1;  1  liave  seen 
ooui. 


Q.  Did  he  speak  of  this  as  (toniitleutial  1' 

Witness.  Yes,  sii-,  lie  (lid;  and  remarked  on  several  occasions,  that 
what  he  told  me  was  contained  in  some  letters  whieii  Im*  liad 
[424]  Just  received,  *  hut  could  not  show  the  letters  to  me.  [Laughter.J 
Judge  Kane.  Wasthereany  relation  between  you  and  liini  which 
would  have  suggested  the  i>ropriety  of  his  telling  you  this  :' — A,  No,  sir; 
lie  is  excessively  talkative,  but  is  a  nuin  of  large  information,  obtainetl 
by  travel,  and  is  a  nian  of  education.  Jle  si)oke  of  his  being  lieutenant 
ill  the  British  army  in  India,  and  was  jiromoted  to  a  captaincy  by  the 
brevet;  that  he  had  been  there,  and  was  in  Jlindoostan,  and  in  that 
terrible  tight  in  the  mountains  of  Ati'ghanistan,  where  the  lUitish  army 
was  literally  destroyed.  lie  also  spoke  of  his  wounds  but  never  showed 
them.  [Laugliter.]  lie  also  spoke  of  his  having  bei'U  <brected  to  super- 
intend the  embarkation  of  troops  to  some  part  of  Africa  or  llindoostan. 

Q.  By  Mr.  Van  J^ VICE.  Yon  are  the  editor  of  the  Pennsylvanian? — 
A.  1  am. 

i).  And  that  is  what  induced  this  conversation  with  you  ? — A.  Yes,  8ir. 

{}.  Von  were  at  the  time  editor? — A.  Y'es,  sir. 

Judge  Kane.  And  your  invss  was  at  the  time  nnfriendly  to  his  i)ro-« 
ject  ? — A.  It  has  been  during  the  year  and  a  Jialf  that  I  have  been  e«lit(U', 
and  was  so,  I  think,  before.  1  did  not  like  the  threatening  remarks 
|tL*5]  toward  the  United  States  of  some  of  the  gentlemen  *  high  in  ))ow<fr 
in  England  and  France,  and  I  thought  we  had  better  take  care  of 
ourselves  and  put  our  house  in  order,  and  therefore  J  wanted  the 
allies  soundly  drublx'd. 

(}.  By  Mr.  Van  Dyke.  I  believe  you  have  stated  in  substance 
everything  ? — A.   As  far  as  I  recollect. 

i).  Did  lie  at  any  time  say  he  engaged,  or  retained  any  person  to  go 
to  llalifax,  with  the  intention  of  being  enlisted  after  he  had  got  there? — 
A.  Well,  he  spoke  in  general  terms,  and  left  the  impression  upon  my 
iiiiiul  that  he  had  emi)loye(l  those  men  for  that  purpose,  and  had  some 
understanding  with  them,  that  after  they  got  there  they  were  to  go  into 
the  barracks.  lie  may  have  mentioned  them  l>y  name,  but  I  have  no 
lecollection  of  it;  he  left  the  impression  upon  my  mind  that  they  were 
oniployed  for  that  purpose. 

Q.  ilave  you  stated  fully  the  conversation  which  he  repeated  to  you 
as  having  had  with  Crampton  upon  that  subject '. — A.  I  cannot  . 
[42G]    recollect  it ;  he  talked  a  good  deal  ui)on  that  subject ,  and  endeav- 
*ored  to  impress  me  with  the  idea  that  he  was  a  very  great  man 
and  knew  the  secrets  of  the  British  cabinet. 

(}.  You  were  never  at  this  recruiting  olfiee.  No.  08  South  Third 
street? — A.  I  passed  by  it  daily,  ami  saw  something  was  going  on  ; 
but  did  not  know  what.  I  saw  several  i)ersons  going  in  and  out,  and 
saw  liiin  repeatedly  come  out,  which  led  me  to  suspect  that  he  was  a 
jtarty  in  the  matter. 

Cross-examined  bj-  Mr.  Guilloit: 
Q.  I  do  not  think  you  understand  a  question  of  the  judge.     He  asked 
you  whether  the  opinion  expressed  in  the  Pennsylvaiiian   was  adverse 

to  the  project  of  the  defendant,  and  as  I  understand  you,  you  an- 
[427]    swered  that  it  was  adverse  to  the  Avar  in  Europe? — A.  It  has 

been  against  thisi)roject  of  enlisting,  and  it  has  been  very  severe. 
It  was  the  first  that  denounced  it  and  exposed  it. 

Q.  State  whether  Perkins  is  not  a  man  who  talks  a  great  deal  ? — A. 
Ves,  sir;  he  talks  incessantly.  He  is  a  man  of  large  information,  ob- 
tained by  travel,  and  is  a  man  of  education,  but  not  much  judgmeut. 


I 


I 


m 


U 


Li  b 


I 


C04 


TREATY    OP    WASIII\(iTOX I'Al'KRS    ACCOMrANVINO 


)iin.sel  for  the  tlo- 


Q.  iris  teiiiiKM' rises  protty  liiifh  simietiiiKvs  ? — A.  Very. 

(^.  Mr.  (Jiniroy  inoiitioiis  iiu  iustaiKu^  wlieii  lie  left  your  oHiiie,  ciirsiii^j 
sill  ill  tlHM>IU(!e. — A.  lie  WHS  fr«'i|ueiitly  exeiteil  alioiit  the  Hiil)Ject,  and 
1  would  theu  draw  him  <uit  to  the  leiiy:th  of  his  tether. 

il.  Aiul  you  were  writiiij;"  articles,  \\v\\\\f  away  at  the  allies,  and  load- 
w*  your  ^uus  with  tlit^  amuiuuitiou  he  t'uriiislKMl  you  ? 

iMr.  Van  Dyke.  May  it  please  the  court,  haviiij;',  as  I  think,  proved 
}i  (dear  prima  fane  case  a;L?aiust  one  ofthedetendauts,  (ILert/,)  and  s.ih- 
iiiitted  all  the  testimony  1  have  to  otl'er  aj^ainst  the  other  (I'erUins,)  I 
(Ummii  it  unnecessary  to  extend  the  examination  of  the  witnesses  rehi- 
tive  to  Mr.  llert/,  1  therefore  close  for  the  present  the  case  of  thet.lov- 
ernmeiit. 

[The  <!ourt  then  took  a  recess  for  half  an  hour.] 

The  distri(!t  attorney,  iiavinj;'  (closed  his  case,  the  coi 
tense  said  they  had  no  testimony  to  otier. 
[42.SJ        *Mr.  Guillou,  for  Mr.  PiM'kins,  asked  the  court  to  instruct  tin; 
jury  to  return  a  verdict  of  not  guilty  as  to  Emanuel  C.  Perkins, 
there  beiii};'  im)  evidencje  to  hold  him. 

-    Mr.  Van  Dyki:.  Is  it  the  intention  to  make  a.  witness  of  the  defeml- 
ant^ 

Mr.  Guillou.  No. 

Mr.  Van  Dyke.  This  application  is  entirely  within  the  discretion  of 
the  (!ourt,  and,  1  i>resunie,  inij;ht  be  <;ranted,  if  the  ends  of  sultslantiiil 
justice  were  to  be  served  by  so  doing";  but  as  Mr.  Perkins  is  not  to  hv 
put  upon  the  stand,  nothing  is  gained  to  either  of  the  <U'fendants  hy 
separate  verdicts.  I  am  free  to  admit  that,  under  tlu;  former  ruling  oi 
the  court,  I  have  not  nnule  out  such,  a  clear  case  against  the  delendiuit 
Perkins  as  I  shonUl  have  liked,  but  1  pret^r  the  going  jointly  to  the  jury 
as  they  now  stand.  The  result,  no  doubt,  will  be  the  same  to  Mr.  Gull- 
Ion's  client. 

Mr.  (iriLLOU.  Under  the  remarks  of  the  district  attorney,  I  with- 
draw my  api)lication. 

Mr.  Van  Dyke,  in  summing  up  for  the  United  States,  said  :  lie  did  not 
deem  it  necessary  further  to  examine  the  witnesses  which  could  be  pro- 
duced. That  he  was  satistied  the  testimouY  which  had  alreadv  been 
submitted  was  eoiudusive  in  favor  of  the  Go'ernment  on  all  the  (pies- 
tions  which  had  been  submitted  to  the  jury,  lie  had  but  very  few 
[429]  suggestions  to  *make  at  the  jn-esent  time,  and  such  he  should  ad- 
dress to  the  jury,  more  through  the  inedinni  of  the  court  tlinii 
directly  to  themselves,  because  it  was  his  belief  that  under  the  cliarj;'o 
which  the  court  would  give  of  the  law  bearing  upon  the  case,  the  jury 
would  have  no  dilliculty  in  linding  the  defendant  Hertz  guilty  in  the 
manner  and  form  as  charged  in  each  and  every  of  the  bills  of  iudictnicut 
lai<l  before  them. 

The  act  of  Congress,  may  it  please  the  court,  provides,  (I  recite  it  from 
memory,  ami  the  court  will  correct  me  if  I  am  wrong,)  First.  That  if  any 
person  shall,  within  the  territorv  or  jurisdiction  of  the  United  States, 
enter  himself  in  the  serviiie  of  any  foreign  prince,  &c.  This  is  one  dis- 
tinct and  separate  misdenu^anor  created  by  the  act. 

Second.  If  any  person  shall  hire  or  retain  any  other  person  to  enlist 
or  enter  himself  in  the  service  of  any  foreign  prince,  &c.  This  is  another 
and  the  second  distinct  misdemeanor  created  by  this  act. 

Third.  If  any  person  shall  hire  or  retain  any  other  person  to  go  beyond 

the  limits  or  jurisdiction  of  the  United  States,  with  the  intent  to  enlist 

or  enter  himself  in  the  service  of  any  foreign  prince,  state,  colony, 

[430]    district,  or  people,  as  a  sol*dier — not  as  a  soldier  on  board  aii.y 


t'OUNTEK   CASK    OF    TIIK    rMTKD    STATKS. 


go; 


i) 


I  for  the  (le- 


t"  the  (lel'eml- 


vessel  or  letti'r  of  iiiiirqiio,  as  lias  been  contt'iMlcd,  but  as  a  soblier 
iicj-oidiiiju'  to  tlie  {iciieral  eonmioii  accepfaiK-c  of  tlio  term — or  as  a  mar- 
iner on  board  any  vessel  or  letter  of  niaKjne,  «!n:<'. 

Now,  these  three  are  distinet  and  separate  ol't'enses.  The  Hrst  is  that 
of  a  person  I'nlistiny  or  entering'  into  the  service  of  any  toreiyn  prince, 
state,  colony,  district,  <S:<'.  In  rehition  to  this,  he  said,  tiie  (h'tendant  is 
not  in  any  manner  charged  in  the  iiulictnu'nt,  and,  therefore,  it  is  un- 
necessary to  end»arrass  tiie  <;onrt  and  Jury  in  takinj^  into  (M)nsideration 
any  facts  which  rehite  to  an  intent  on  the  part  of  the  ilefendant  to  enter 
■nd  enlist  himself.  Neither  has  the  defendant,  nor  any  other  ))erson, 
been  j-harffcd  with  havinjjbeen  absolutely  enlisted  within  the  territory  or 
iurisdi<!tion  ot  the  United  States;  nor  is  the  defenilant,  or  any  oiu'  else, 
(liiirji'ed  with  havinp-  <;one  beyond  the  limits  or  jurisdiiUion  of  tin;  IJniteil 
States  with  the  intent  to  enlist. 

What,  then,  is  the  charge '!  Wh'at  the  only  issue  ujMai  Mhieh  I  ask 
this  court  to  charjje  the  Jury,  that  the  (lovernment  hav(^  nnule  a  clear 
case?  It  is,  first,  that  tiie  defendant  hiied  an<l  retained  sonui  i)eisons 
to  enlist  within  the  limits  or  jurisditttion  of  the  United  States.  This 
criine  is  charf^'cd  in  two  ways,  in  the  first  two  counts  in  the  indictm(Mit ; 
and  secondly,  that  the  defendant  has,  within  the  jurisdi«;tion  of  the 
IJnitetl  States,  hired  and  retained  certain  i»ersons  to^'o  beyond  the 
[i;51]  linnts  and  Jurisdiction  of  the  United  States,  with  the  *intent  to 
eidist  when  they  arrived  beyond  such  limits  and  Jurisdiittion. 
This  criine  is  chargxid  in  various  ibrms  in  the  four  remaining  counts  of 
the.  indi(^tinent. 

It  is  no  offense  under  the  statute,  in  ]\ruhn,  or  F.udd,  or  any  one  else, 
to  be  hired.  So  that  those  recruits  who  have  voluntarily  come  upon  the 
stand,  and  confessed  their  i>articii)ation  in  this  lawless  transaction,  have 
confessed  no  crime.  If  A  hires  J>  to  jt'o  beyond  the  limits  of  the  United 
States,  with  the  intent  mentioned  in  the  act,  li  havinj;'  agreed  with  A, 
within  the  limits  of  the  United  States,  to  depart  with  the  intent  to  enlist, 
the  crime  or  offense  is  not  committed  by  !>,  l>ecause  he  merely  engaged 
with  A  to  go,  but  the  otfense  is  committed  alone  by  A,  who  hired  him, 
for  so  far  as  the  going  beyond  the  limits  of  the  United  States,  with  the 
intent  to  enlist,  is  mentioned  in  the  act,  the  offense  consists  in  hiring 
or  engaging  the  person  to  go,  and  not  in  being  hired  or  engaged  to  go. 
And  the  court  is  asked  so  to  charge  the  Jury.  Then,  as  to  tlie  intent, 
what  is  meant  thereby,  and  who  must  have  such  intent.  On  this  point 
the  court  is  asked  to  charge  the  Jury  that  the  intent  mentioned  in  the 
act  is  the  motive  in  the  mind  of  the  person  hired,  ;im<I  has  no  reierence 
to  the  design  of  tlie  i)erson  hiring,  excei)t  that  the  person  hiring 
[i^2]  believed,  Or  had  reason  to  sup*pose,  the  i)erson  hired  really  in- 
tended to  enlist,  when  he  shouhl  arrive  beyond  the  limits  of  the 
United  States,  and  that  he  hired  him  for  such  puri)ose;  that  if  I'm'  ury, 
from  all  the  testimony,  are  satisfied  that  Hertz,  at  the  time  he  ^  .imaged 
Mnim,  Budd,  Weaver,  or  any  other  person  nuMitioned  in  any  of  these 
l>ills  of  indictment,  to  go  beyond  the  limits  of  the  United  States,  and 
furnished  him  with  the  facilities  todepiftt,  had  the  intention  to  enlist  in 
the  British  military  service,  then  that  point  of  the  act  vvhi(;h  speaks  of 
the  intent  is  snliiciently  established. 

Believing  that  the  learned  court  will  give  the  Jury  in  charge  the  law 
as  he  has  stated  it,  Mr.  V.  called  the  attention  of  the  Jury  to  the  i)rinci- 
pal  features  of  the  evidence  in  the  case,  lie  contended  that  he  had  es- 
tablished every  point  made  in  his  opening  remarks. 

First.  He  had  shown  by  incontrovertible  testimony  that  the  necessi- 
ties of  the  British  government,  resulting  from  the  disastrous  condition 


cm 


TIJKATY    OF    WASHINGTON rAPKUS    AC'COMPANVING 


It  *? 


!    1 


ii'lst'kf 


If    ' 
tS  "  • " 


!    -  1  ■    * 

."If?'.**  - 


of  tlicir  iiniiy  in  tlio  Crimoa,  niid  tlio  iinpopuliirify  of  tin' cansi-  ol'tlic 
Allies  at  liMiiic,  coiiipclUMl  tluMii  to  lia/.anl  tlir  ciilistiiit'iit  ot  soliljcis 
within  till'  limits  of  ron>i;L;°ti  neutral  nations. 

Seeoiul.  That  in  the  aeconiplislnnent  of  this  design,  the  Kw^. 
[I'M)]  lish  authorities  at  home,  an<l  their  *i«'|>resentativ<'.s  on  this  cun 
tinent,  ha<l,  in  },'ross  violation  oi  the  laws  of  the  I'nited  Stato, 
eoneoeted  .and  i)artiall.v  nnitnred  a  plan  for  jnoeurin^i,  within  onrtenjto- 
rial  limits,  sullieient  men  to  supply  the  forlorn  hopes  of  an  nnpopnlai 
war,  and  rejjain  the  lost  i)restij;e  of  a  warning  administration. 

In  support  of  these  points,  Mr.  V.  adveited  to,  and  eommentcfl  upon, 
tin'  t<'stimoiiy  of  Captain  Max  F.  ().  Stiohel,  Colonel  l}urf>thall,  CdIoihI 
Hinidieiji.  Dr.  Itenss,  Mr.  IWuiknell,  Mr.  I»u<ld.  The  truth  of  their  rep 
resentations  had  not  i»een  (|u«'stioned,  and  the  jury  are  bound,  umlor 
their  oaths,  to  rej^ard  their  evidence  as  v-oncilusive. 

Third.  That  Henry  Hertz,  the  defendant,  was  an  ajjent  of  the  Kn^rjisli 
fjovernment  in  the  aceoinidishment  of  this  j^eneral  plan  and  de.si<:ii. 
That  he  had  been  eujployed  for  that  purpose  by  Mr.  Ciamptou,  Ihi 
iSritaimie  Majesty's  envoy  extraordinary,  the  hij'hest  JJritish  funetidii 
ary  known  in  the  (lountry,  as  also  b\  Sir  Jo.seph  Howe,  the  ^(MK-nit 
a<,a*nt,  s|>e(rially  sent  to  America  for  this  j)urpose,  and  by  Sir  (la.siiard 
Le  Marehant,  the  jiovernor  of  a  neijjhborinji'  Jlritish  ]H'ovin(!e. 

Fourth.    That  in  pursuance  of  such  employment,  this  plan  was  rcj^ii 
larly  carried  out  by  the  defendant.     That   he  did,  in  tin-  city  ni 
[4.'>4]    Philadelphia,  *enjj;af;'e  at  least  two  hundred  men  to^o  beyond  tlif 
limits  ()f  the  United  States,  with  the  intent  to  become  a  part  ami 
parcel  of   the    liritish   foreif»n    lejiion.      That  in  or<ler  the    more   it 
tectually  to  a(;complish  this  desi^iU,  he  opened,  under  the  auspices  u\' 
liis  Kn<;lisli  employers,  a  recruiting  oflice,  and  advertised  in  the  puh 
papers,  and  posted  through  the  streets   phu-ards  bearinji'  the  (^Mic 
arms,  inviting'  men  to  his  ollice.     That  the  persons  callin^j  in  answc 
such  proclamations  were  sent  by  the  defendant  to  Halifax,  who.  wlicii 
there,  :\vere  attested,  and  mustered  into  the  military  .service  of  the  IJrit 
i.sh  jrovernment. 

Fifth.  That  Mr.  Hertz,  at  the  time  he  was  thus  enjjafjed  in  Iiiiiiiu 
ami  .sendin.u'  men  beyond  the  limits  of  the  United  States,  well  knew  tliar 
it  was  the  intention  of  the  ])ersons  thus  hired  and  .sent  to  enlist  in  tlio 
service  of  Her  Majesty  the  (^>ueen  of  (ireat  Britain. 

Mr.  V.  argued  timt  the  affirmative  of  each  of  these  projw.sition.s  wiis 
fully  sustained  by  the  testimony  i)rodueed  by  the  Government,  and 
called  the  attention  of  the  jury  to  that  portion  of  the  evidence  wliirii 
severally  related  to  them.  He  said  the  chaia(;ter  of  the  witnesses  was 
unimpeached  and  that  their  testimony  had  been  abundantly  cor 
[4.35]  roborated  by  the  written  evidence  *whieh  he  had  been  enabled  to 
produce.  That  there  could  be  no  difficulty  in  tiudinjj:  a  verdict  ot 
guilty  as  to  the  defendant  Hertz.  That  if  the  jury  believed  both  dc 
fendants  guilty  they  should  so  find.  If,  on  the  contrary,  they  did  not 
tbink  a  ease  had  been  made  out  against  Perkins,  they  should  acquit  him 
ami  fiiul  a  verdict  of  guilty  against  Hertz.  They  could  sei)arute  tlieii 
verdict. 

As  to  Mr.  Perkins,  Mr.  V.  said  that  he  did  not  intend  to  i>ress  for  u 
conviction  where  the  evidence  does  not  in  the  clearest  manner  justify 
him  in  so  doing.  That  however  much  he  might  himself  be  convincetl 
of  a  defendant's  gnilt,  it  was  his  duty  to  prove  him  so,  and  that  beyond 
reasonable  doubt.  From  the  intimation  of  the  learned  court  when  tbis 
case  was  before  it  on  writ  of  habeax  corpus,  he  presumed  his  honor  woidd 
require  the  Government,  under  the  present  form  of  indictment  for  a 


CorXTKR    CASK    OF   THK    T'NMTKI)    SI'AIKS. 


(107 


sfatntory  otVcnso,  to  pr«»vo  iiii  iU'tiisil  hiring:  or  rctiiiiiiiiu'  ol'  soino  one  of 

tli(>  iiHlividiiiils  iii(>iilioiU'<l  in  tlx' hills.     Sliotihl  siicli   lie  held  to  lie  tin* 

hiw  iimli'V  tliis  stntntt',  lie  wsis  coiiiju'llcd   in   ciindoi-  to  say  to  tin'  Jniy 

tiiiit  lu' liaU  liinisclf,  twnh'i'  t\w  testimony,  a  tlouWt  as  to   IN'ikins  liav- 

jiii;  luM'n  iM'ovod   ;;nilty.     l\v  r«'«n'lt<'(l  siicli  was  the  case,  Imt    having- 

Id'onylit  all  tlic  cvidcnct'  lie  could  to  lusir  ajiiiinst  liiin,  lie  Icit  him 

|430|    in  th«' Innnls  *or  tlic  jury  without  any  expression  of  his  private 

opinion  as  to  that  ih'l'endaut's  ^iuilt. 

Mr.  ^^  elosi'd  his  renmrks  hy  a  severe  ('ouunentary  upon  the  baseness 

1111(1  jx'rtidy  of  tlu^  iM'rsons  eiii^ajued  as  tln^  eliiei'  actors  in  this  lla;;rant 

attempt  to  violate  and  eva<h^  the  laws  and  treaty  obligations  of  the 

I'liited  t^tates,  and  expressed  the  hope  that  tin*  rt'sult  of  tliisi-ase  woidd 

viiiiiicate  tlw  action  of  the  (toverninent  in  their  determination  to  main- 

tiiiii  om-  national  integrity  with  every  nation  of  the  ylohe,  whether  it  is 

(iris  not  in  aceonlauee  with  sinister  purllos(^s  of  (iieat  iJritain.     l»y 

I'oiciMf;  tins  indictment  thus  against  thisdefeiulant.  the  I'resident  of  the 

liiitcd  States  has  strneU  as  near  the  throne  of  Her  .Majesty  as  he  is 

('iiiil>le<l  to  <lo  in  the  shape  of  a  crindnal  i»ros«'cution.     Tlu'  extended 

]Mivilej;es  and  peculiar  protection  yivcMi  to  a  forei^^ii  minister  prevents, 

so  far  as  he  is  eoncerueil,  the  ai)|>lication  of  the  criminal   code  of  the 

country,  althoujih  such  tVirei^n  ministi'r  may  be  jnoved  ^^iiilty  ol  acts 

which,  if  committed  by  fi  private  individual,  woidd  make  him  a  felon. 

Were  it  not  so,  I  thitdv  I  am  justified  in  sayinj;'  1   would  this  day,  by 

the  direction  of  the   I'lesident,  I)«^   trying  Mr.  ()ra?npton,  Sir   .loseph 

Jlowe,  and  Sir  (Jaspard  Ije  .Marchant,  instead  of  their  humble  in- 

'437]    strunuMit,  whose  conviction  is  now  ask*ed   tt  your  hands.     The 

jury,  however,   will   leave    thesis  iicntlenicii    to  the  only   jxnver 

Ic^inlly  authorized  to  take  (iare  of  our  public!  safety,  by  «lemamlinyrepar- 

iitioii  from  their  government,  ami  you,  gentlenuMi,  may  rest  assured  that 

ill  (hie  tinn^  they  will  be  called  ui>on  by  our  able  and  faithful  ollicers  at 

Wiisliington  to  make  projjcr  atonement  for  the  gross  insult  which  they 

liiive  ottered  to  our  laws  and  our  people. 

If,  on  the  contrary,  after  1  have  in  this  trial,  instituted  by  the  direc- 
tion and  with  the  conbal  a]ii)robation  of  the  Xatiouul  Administration, 
]iiov('(l  the  defeiulant  so  clearly  guilty,  as  the  instrument  an«l  agent  of 
Mr.  Crampton  an<l  his  confederates,  you  shouhl,  on  account  of  any  sym- 
luitliy  which  may  be  thrown  into  the  jui'y-box,  ae(|uit  him,  your  verdict 
will  lie  the  strongest  argunuMit  whi(!h  will  hereafter  be  used  to  i)rotect 
Her  ^Majesty's  agents  in  their  impudent  intermeddling  with  the  atiairs  of 
this  continent.  Conlident,  however,  that  yon  are  men  devoted  to  the 
institutions  and  political  i)olicy  of  your  own  country,  and,  as  su(!h,  arc 
ever  ready  fearlessly  to  defend  them,  1  leave  in  your  hands  tlu'  honor  of 
the  Government  and  the  rights  of  all  those  who  seek  shelter  beneath  its 
broad,  protecting  a-gis.  Weaken  not  that  power  of  ])rotection 
[438]  *  by  your  verdict ;  stain  not  that  honor  by  one  moment's  hesita- 
tion, in  yonr  approval  of  the  determination  on  the  part  of  the 
(Tovonnnent  to  preserve  every  feature  of  our  constitutional  vigor,  as 
wU  from  the  jealous  designs  of  foreign  powers  as  from  the  fanatical 
treason  of  domestic  foes. 

Mr.  Van  Dyke  having  concluded,  he  was  followed  by  Mr.  Stephen  S. 
Kemak,  who  nmde  a  powerful  appeal  to  the  jury  in  behalf  of  the  de- 
fendant. Hertz.  He  sjioke  for  two  hours  ami  a  half,  giving  a  full  his- 
tory of  the  ease,  reviewing  the  testinmny  which  had  been  submitted, 
and  dwelling  with  great  power  an<l  eloquence  upon  the  law  bearing  on 
the  subject.    It  would  have  afforded  us  great  pleasure  to  be  able  to  pre- 


'4  '■ 


■«'!' 


G08 


rilEATY   OF    WASHIXGTON PAPEK.S   ACCOMPANYING 


it. 


J^i 


sent  lii.s  speech  in  full,  as  taken  by  our  rejtorter,  brit  waut  of  sitaco 
foibiils. 

Mr.  (JuYLER.  ]\Ia.v  it  please  the  court,  gentlemen  of  the  jury:  Yon 
are  weary,  ji(Mitlenien,  and  ion;>-  to  be  released.  1  shall  (letaiii  voii 
but  a  lew  niini;*:es  by  tLe  remarks  it  is  my  duty  to  make  to  you  in  this 
case. 

The  iaets  of  the  case  have  been  elab():-afely  analyzed  and  (liscussiMi 
by  my  (!onej!.<;ue,  and  1  deem  it  unn«'('ess;ii  \  (o  |>ursM«'the  palh  in  wliicls 
he  has  jircceded  nn^,  in  reviewinj^'  and  iliin'estinj>'  the  testimony  you  liii\c 
listened  to  so  patiently  in  lliis  <'ase.  Tlu^  duty  which  has  falli'ii 
[430]  to  my  slnuv,  may  it  please  *your  iM)nor,  is  ciiietly  tliat  <»l' invitiiii; 
your  attention  to  the  view  entertained  by  the  defense  of  tin'  tnic 
construction  of  the  act  of  Con<i!e.is  under  wliich  this  indictment  is 
iramed,  trustinji',  it  you  shall  ajuree  with  us  in  that  (construe!  ion,  tli  it 
the  jury  will  not  lin«l  in  tin'  evidem*e  in  tliis  case  timt  a  violation  of  tin- 
wholesonu'  provisions  of  this  act  of  ConjiiJ'ss  has  taken  place. 

You  caniK)t  have  failed  to  notice,  .i>-entiemen  of  the  .jui-y,  in  the  juo 
j»ress  of  this  case,  that  the  names  of  tiiose  hij;h  in  authority  and  otliciai 
rank  have  ai)peared,  ami  often  ajjpeared,  to  be  mingled  in  the  tnuisac 
tions  from   which  these  indictments  lia\«'  sprung'.     Mr.  ]>arclay,  tin' 
consul  at  New  York,  Mr.  3Iatthew,   the  consul  at  riiilatlelpiiiii,  3li. 
(Jran))»ton,  the  iJritisli  niinistci-  at  Washington,  have  ;dl  of  tlieni  ap 
l)eare<!  as  prominent  and  earnest  actors  in  the  scenes  which  have  Ix'tii 
detailed   in  the  evidence  belbre  you.     Among  the  hund)Iest  of  all  wlio 
have  been   nanu'd  is  this  ])oor  and   unfortunate  nuin — a  stranger  in  a 
strange  land,  forlorn,  friendless,  and  deserted — for  whose  conviction  the 
zeal  ami  learning  of  the  district  attorney  and  the  power  of  the  (ioverii 
inent  have  been  so  earnestly  and  sternly  pr<'ssed  upon  you.     And  lien', 
pausing  tor  an  instant,  let  me  i»iiy  my  tribute  of  respect  to  tin- 
[440]     leariu'd  district  attorney  *for  the  candor  and  liberality  with  which 
he  has  conducted  the  case,  and  fo'  the  more  than  usual  tnilness.- 
]ierfection,  and  ability  with  which  he  has  prejjajed  and   mauiigcd  this 
prosecution.     The  ])ower  of  the  (Joverinnent,  .so  ably  exerted  aiid  di 
reeled  by  him  in  this  prosecution,  is  in  strange  contrast  with  the  prep;', 
ration  this  poor  and  friendless  man  has  been  able  to  nnUic  for  lii> 
defense. 

1  cannot  suj)pose,  gentlemen  of  the  jury — I  will  not  sui)i)o.'ie — yon  viji 
not,  1  trust,  suppose  for  an  instant,  that  these  high  functionaries  ol  ;) 
foreign,  but  friendly  state,  dwelling  within  our  borders,  have  consciously 
either  evaded  or  violated  the  |)rovisi(Uis  of  any  of  the  laws  of  the  ia:iii. 
You  will  not  believe  that  these  gentlcnu'U  of  standing,  character,  ainl 
intelligence,  have  deliberately  planned  an  infraction  of  the  laws  of  tlif 
countiy,  and  then  left  this  humble  instrunu'ut  of  their  designs  unfriend 
ed  to  bear  the  severe  ])enalty  of  a  law  broken  under  their  atlvice,  and  in 
the  execution  of  their  re<pu'sts. 

You  will  tlu^  rather,  genthMuen,  l)elieve  with  nu\  that,  coiKscioa.";  <>t 
their  own  integrity,  and  with  the  law  in  full  view  before  them,  ami  witli 
experience  and  capacity  to  constru*^  the  law  aright,  they  .so  ordered  tlii'ii' 
own  cour.se,  and  .so  directed  their  subordinate  agenides,  that  im 
[441]  violation  of  the  *law  slioulu  anywhere  take  i)lace.  Tiiis,  gvntit' 
men,  I  tru.st,  you  are  now  about  to  lind.  In  a  word,  I  shall  suit- 
niit  to  you  that  no  otten.se  is  i)roven  within  the  construction  of  the  act 
which  I  shall  ask  the  learned  judge  to  give  you. 

]\[ay  it  plea.se  your  honor,  tlie  olfense  with  which  this  man  is  cliaru«Hl 
is  unknown  to  the  connnon  law.  The  right  <!i  any  nntn  to  expatriati 
Idmself  cannot  under  our  law  be  (piestioned,  except  so  far  as  the  statutf 


COUNTER    CASE    OF    THE    IMTED    STATES. 


60J 


may^ave  forbidden  it  to  be  done,  nndcr  certain  partifMilnr  cireiunstiin 
,.s.  or  with  a  certain  intent  \vhi<!h  the  statnte  t<»rbi<ls  and  punishes. 
Such  a  statute  is  the  subject  of  stri<!t  construction.  If  the  facts  ave  not 
witliin  its  fair  spirit  and  construction,  the  ort'ense  is  not  made  out,  and 
it  is  your  duty  to  acquit.  Now,  what  is  the  otfense  created  by  the  stat- 
;ite.  in  derogation  of  that  which  otherwise  wouhl  not  !)e  uiihiwful  or  in 
my  way  punishable.  Tlie  second  .section  of  •^ho  act  of  Congress  of 
Aiuil  -b,  IS18,  under  which  the  indictment  is  pn'ssed,  provides,  that 
It  any  per.son  .shall,  within  the  territory  or  Juriscbction  of  the  Unite,<l 
States,  enlist  or  enter  himself,  or  liirr*  or  retain  another  person  to  enlist 
.ir  enter  himself,  or  to  go  beyond  the  limits  or  jurisdiction  of  tlie  Ignited 
States,  with  intent  to  be  enlisted  (U- entered  in  the  .service  of  any  foreign 
prince,  state,  colony,  district  ov  people,  as  a  .soldier.  &c.,  "every 
U"J!    *  per.son  so  offending  shall  be  deemed  guilt;'  of  a  high  inisib*- 

meanor,"  &c. 
The  offen.se  <loes  not  consist  of  (tourse  in  a  per.son  hiring  or  enlisting. 
;ui(l  there  is  nothing  of  that  kind  in  the  case,  but  it  consists  citlit-r  in 
iiiring  or  retaining  other  i)ersons  to  enlist,  or  hiring  or  retaining  other 
juTsoiis  to  go  beyond  the  limits  of  the  United  States  with  intent  to  en- 
list.   The  offense  then  is  "the  hiring  or  retaining. "     Now  that  means 
>i!:nfthing    more  than  mere  persuasion.     It  does    not   mean   that  the 
■iiei-e  exerci.se  of  an  intluem-e    which   oi)erates    upon   the  reason  of  a 
[■iTMiii   ami    induces   him     to  go,  creates  the  otfense.     It   must  b<'  i\ 
•iiiiiiig  or  retai'lng,"  or,  in  other  word.s,  it  must  be  the  creatit>n  of  a 
ifu'-.il  obligatiun,  or  ot  that  which,  irrespective  of  the  provisions  of  this 
iff  of  Congre.s.s,  would  amount  to  a  contract  or  legal  obligatitMi.  and 
iv  capable  of  enforcement  as  other  legai  contracts  are.     I  sul)mit.  then, 
oyour  honor,  this  as  the  true  construction  of  this  act.  and  1  ask  yoti 
>"t<i  instruct  the  jury. 

Now.  geurlemen.  upon  the  whole  testimony  in   the  ea.se.  has  the  evi- 
ir-noe  nosed  in  voi  r  minds  a  <!onviction,  free  from  all  doubt,  that  th<'re 
'\isted  between  Mr.  Nert/ and  any  of  the  .several  parties  named  in  these 
indictment.s,  a  valid,  legal,  binding  contract  "of  hiring  or  retain- 
tf)i   ing  "  them  to  enlist  or  to  go  beyond  *the  limits  of  the  Knited  .States 
with  intent  to  enlist  t     If  it  has  not,  it  is  your  duty  to  accjnit.    Can 
v>ii!  npon  your  oaths,  on  tiiis  testimony,  say  to  me  then' lias  been  su<!h  a 
'>uvict!on  e.'.tablished  in  ycnir  minds  *.     Turn  with  me  for  a  monn  nt  to 
tilt' testimony.     1  shall   in)t  weary  you  with  its  details.     l>ut  tell  me, 
'fitness  after  witness  was  examined  before  you,  and  did  they  iH)t  almost 
•>ijh  a  unanimous  voice  tell  yon  that  they  were  not  enlisted  in  the  .service 
■'t' any  fon*igii  pritwe  or  state,  nor  placed  under  any  obligation    to  ei^- 
•sf.  I)»t  simjdy  were  to  be  transporte<l  to  Halifax,  and  they  were  in  the 
•xerci.se  of  a  iieileetly  free  ami  indepen<lent  judgment,  eith  r  to  enli.st 
.1  the  service  of  the  Queen,  or  to  decline  to  do  so,  as  the^    might  in 
'inir  mere  di.scretion  see  tit  to  do  .'     It  is  true  there  have  been  several 
"iities.ses  upon  the  stand   whose  testinn)ny  might  re<'eive  a  «lifferenT 
"iistnntion,  but  remember,  gentlemen,  the  disadvantages  nn<ler  which 
ii*'s*'  ttitnes.ses  labored.     They  were  foreigner.s — (!ermans — who  spoke 
'«r  language  iniperfectly,  incapable  of  expressing  as  you  or  I  wonbido 
•l»o.«e  nicer  shades  of  meaning  which  are  needful  to  convey  a  true  and 
!w*ise  impre.s.sion  of  the  faeta.     You  will  not  .say  to  jue  that  such  te.-.- 
'iaioiiy,  and  so  little  of  it,  will  betir  down  on  your  minds  the  lull,  strong 
current  of  other  t»'stimony,  some  of  it  written  and  precisely  em 
^1   botlying  theexact  plan  and  intention,  *nnich  of  itoral,  bntclear  and 
exact  and  perfectly  consistent  with  that  which  was  written,  an«l  all 
^howiug  beyond  question  that  no  mai;  was  "  hired  or  retained"  iu  this 
39  A 


vm 


m 


1} 


m 


(;io 


TREATY    OF    WASHINGTON PAPERS    ACCOMPANYING 


'-".•: 


country  for  any  jjurpose  wluitever,  but  that  tliey  w(ne  simply  persuaded 
to  so  to  Halifax,  and  when  there  were  in  the  perfectly  free  exercise  oi 
their  judgments  in  their  mere  «liscrction  to  determine  either  to  enlist  or 
to  refuse  to  enlist  as  they  mi}>ht  then  choose. 

1  can  feel  no  doubt,  s'ei'tlt'men  of  the  Jury,  tliat  you  will  iind  this  to 
be  the  weight  of  the  testinu)ny.  It  you  do,  I  ask  you  to  a((|uit.  If 
you  do,  you  will  Hnd  tlnTe  did  not  exist,  between  Hertz  and  these  i>ar- 
ties,  a  contract  siu;h  as.  irrespective  of  this  act  of  Congress,  would  he 
valid,  leyal,  and  cai):-'.ble  of  bein^-  enforced,  and  so  rinding',  as  tlieiv 
was  no  '"hiring-  or  retaining"  within  the  meaning  of  the  act,  you  will 
acquit. 

Gentlemen  of  the  Jury.  1  represent  a  very  humbh'  nmn,  a  poor,  deso- 
late stranger.  If  the  law  has  been  violated,  which,  in  view  of  tlie  euii 
.struction  I  hav(\just  given  you,  it  plainly  has  not,  there  aivi  others  ui)oii 
whom,  with  much  more  Justice,  its  penalties  should  be  visited.  Let  ii,> 
sliield  this  man,  wliose  highest  offense,  if  otfense  he  has  committed,  is 
ignorance  of  the  law,  and  let  those  wiser  )nen,  of  higher  rank,  bear  tlir 
j)enalty.  This  (piestion  should  be  settled  elsewhere,  not  here.  If  om 
laws  have  been  outraged,  the  government  of  (heat  Ibitaiu  liiis 
1445]  done  it.  Let  that  matter  be  *  settled  at  Washington,  and  not  in 
an  account  between  the  C>overnnu;nt  and  this  obscure  and  liuiii- 
i)ie  man.  I>ut,  gentlemen,  I  will  not  detain  you  any  longer.  You  will 
Udt,  I  am  sure,  Iind,  in  the  facts  of  the  (;ase,  that  the  law  has  been 
Itrokei'.  anywhere  or  by  any  num.  Y(m  will  not  Iind  that  mere  persua 
sion  is  the  creation  of  a  legal  contract,  or  that  a  nuui  who  is  left  tree  to 
(lie  unpledged  exendse  of  his  own  mere  discretion  has  been  '*•  hired  ei 
retained"'  within  the  meaning  of  this  act.  And  so  thinking  and  so 
hnding,  you  will  rejoice  to  restore  this  unfortunate  man  to  his  friends 
and  his  home,  and  to  the  wife  and  the  children  which  wait  I'or  and  Ion;- 
to  welcome  him  there. 

^Ir.  (5i  iLLOi:  said:  INlay  it  please  the  court,  gentlonen  of  the  Jury,  il 
you  will  bear  with  nu'  at  this  late  hour  of  the  day  for  live  minutes,  1  will 
close  my  duties  within  that  time.  It  is  the  boast  of  us  all  that  we  live  in 
a  land  of  laws;  it  is  our  safety  that  the  I"  wisadniinistered  by  two  tribunals, 
the  one  «'xplainiug  the  law,  and  the  iher  applying  it  to  the  I'aets  in 
evidence.  Th<:  imlictments  upon  which  you  are  to  pass,  sonn^  li!  or  1 '• 
:n  all,  charge  the  defendant,  Perkins,  together  with  Hertz,  with  having 
enlisted  specified  individuals,  A,  IJ,  C  Thecrinu'  with  which  he  stninls 
iiulicted  is  the  enlistment  of  persons  to  serve  in  a  foreign  couiitrv. 
[41G|  1  have  turned  my  attention  carefully  to  the  tes*tinu»ny  in  tlii> 
case,  because,  when  counsel  makes  an  assertion  to  a  Jury  on  a 
poiut  of  fact,  it  is  his  duty  to  ascertain  that  he  is  right  in  his  state 
uient,  atul  1  .>*ay,  after  exanuning  this  testimony,  that  then;  is  not  any 
portion  of  it  which  shows  any  connection  of  Perkins  witli  Gilroy,  Uiidil. 
('asey,  or  any  other  person  whose  name  is  in  any  one  of  these  l)ills  as 
a  party  sent  away  or  enlisted.  If  I  am  right  in  this  statement  of  tlu' 
testimony,  there  is  an  eiul  of  this  indictment,  for  the  law  requires  tliat 
the  party  charged  be  shown,  by  the  evidence,  to  have  acted  in  relation 
to  the  particular  crime  which  is  averred  in  the  particular  bill,  and  in 
relation  to  the  particular  party,  the  subject  of  the  crime.  You  will 
therefore,  when  you  take  up  a  bill,  remember  this,  aud  ask  yourselves 
whether  Perkins  had  anything  to  do  with  the  liiriug  or  enlisting  of  the 
nuin  whose  name  is  mentioned  in  it.  If  there  is  no  evidence  to  show 
that  he  had,  you  will  return  a  verdict  of  not  guilty  as  to  Perkins;  ami, 
as  you  take  up  each  bill,  so  examine  and  declare  upon  it.  As  to  the 
other  defendant,  I  have  not  a  word  to  say;  my  friends  on  the  other 


YING 


COUNTER    CASE    OF    THE    UNITED    STATES. 


611 


[)ly  pevsiuidcd 
L'e  ext'vcisi'  ol 
er  to  iM\lisl  01 

,1  liiid  tills  to 
to  ac(|uit.  It 
11(1  these  i>ai- 
•ess,  \voul(l  hi' 
dill};',  as  tlioiv 
)  act,  .vou  will 

,  a  poor,  (le.so- 
icw  of  the  con- 
ii.;  others  \\\)m 
isited.     Let  n> 
i  committed,  is 
;  rank,  bear  tlic 
,t  here.     If  euv 
eat  lUitain  ha^ 
;ton,  and  not  in 
s(;ure  and  hum- 
uo-ei'.     Vou  will 
e  htw  has  been 
:\t  mere  persiia 
ho  is  h;ft  tree  to 
Iteeii  "  hired  ei 
thinkiui;-  and  su 
11  to  his  friend.- 
^ait  for  and  hm 

Buof  the  jury,  il 

e  minutes,  I  will 

idl  that  we  Uve  in 

bytwotrihnnalx 

to  the  facts  iu 

rt,  solium  1-  or  i:'' 

rtz,  Nvitli  having 

which  he  stands 

foreiu,ncountv,v. 

L*tinu»ny  in  tlii> 

to  a  jury  on  ;i 

lilt  in  i>i^  ^^"'^' 
fherc  is  not  any 
thUlilroy,  Ihidil. 
\ti  these  hills  as 
Statement  of  tin' 
V\v  requires  tlmt 
icted  in  relation 

ular  bill,a»»^Vl!' 
'  •ime.    You  \vill, 

ask  yourselves 
I  enlisting  ot  tUe 
Lvideuce  to  »lu>'^ 
■orerkin8;a";'' 
■    it.    Astotiie 

is  on  the  otber 


side  liave  fully  j;one  into  the  ea.se,  aiul  j;iveii  you  the  law  and  tlie  fact.s 
bearing  upon  it. 
Tliere  is  this   principle   which    rests   at    the   basis   of  law.  that  the 
crime  must   be   provx'd   to   have   been  perpetrated.     Therefore. 
U'J    so  far  as  the  defem'.ant.   Pei*kins,   is  concerned,  consider   him 
not   connected    in    this   case  with   the  other  <lefcndant,  but   on 
trial    alone,   and   then    ask  yourself   the    (jucstion,  did    Mr.    IVikins 
'111  aiiythin.y  at  all  to  enlist  or  ;;('t  ottCiilroy  or  i»ny  other  person  .'     Yon 
will  lind  that  the  burden  of  the  testimony  liears  directly  tiji'ainst  snch  a 
conclusion,  and  shows  that  he  had  notliiii';'  to  do  with   it.     1   thiidi. 
tlierefore,  that  you  will  be  aide  to  arrive  at  your  verdict   readily  and 
without  (litfuadty.     It  would  be  a  task  of  the  most  painful  character,  if 
Ills  lionor,  after  hi-arinj;  the  evidence  in   this  ca>se,  were  to  proci'cil  to 
pass  sentence  on  this  defendani.  however  indiscreet  in   s|)"ech   he  may 
liave  been,  as  yon  can  but  entertain  a   j^reat  doubt  of  his  jiuilt.     The 
law  says  tliat  if  yon  have  a  reasonable  doubt  of  the  <;nilt  of  the  i»erson 
iliarged,  such  a  doubt  as   woulu  arise   in   any  reasonable  miiul,  such 
iloubt  is  the  safej^'uard  of  the  deiendant,  and  entitles  him  to  an  actpiit- 
tal.    J  hope  you  will  have  no  diilieulty  in   this  ea.se,  but  that  at  least 
you  entertain  a  donl)t  which  favors  the  def<Midant,  and  will  relieve  his 
honor  from  passinj;'  senienc*'.     I  ask  you  to  lind  a  verdict  of  not  jiiiilty 
iisto  the  defendant  Perkins. 
Mr.  Van  J)vkk,  in  reply,  said  he  would  follow,  with  i)leasnre,  the  ex- 
ample of  his  learned  friends  on   the   opposite  side.   ai.<l   briefly 
i48J   briii}4'  this  protracted 'trial  t»)a  close.     Me  desired  to  confim'  him- 
self strictly  to  a  reply  to  the  positions  taken  by  the  counsel  for 
rlic  defendants. 

The  act  of  the  Udth  April,  is  one  of  easy  and  simple  construction. 
The  learned  gentleman, -Mr.  l{emak.  who  jirst  addressed  the  court  in 
liohalf  of  the  defendants  is  wrong  in  supposing  that  there  have  be«n 
no  judicial  decdsions,  whicdi  sheil  light  upon  the  act  (d"  C'oii;;r»'ss.  Ii, 
1s:L',  John  !>.  (^iiincy  was  iinlicted  umler  the  third  section  oi  this  act. 
till' fitting  out  anil  arming  a  vessel,  with  the  intent  that  sndi  \essel  shall 
'"('employed  in  the  service  of  a  foreign  prince.  The  -»•  wtiit  up  'o 
the  Supreme  Court  of  the  United  States,  and  is  to  be  f'Munl  in  .sixth 
IVter's  Itei).  It  will  be  (d)served,  upon  examination  of  that  <as(  tin- 
law  in  reference  to  our  neutrality  is  somewhat  dilferent  from  tin  g»ii- 
•  lal  criminal  law  of  the  country.  The  argument  there  made  by  Mi . 
Williams  for  the  United  States  was.  that  these  acts  of  Congress  sliould 
]»' construed  aci^ording  to  the  meaning  and  intention  (d"  Congress,  and 
ill  support  of  this  argument  he  cited  that  part  of  dudge  .Marshall's 
•'luiiioii  on  the  penal  laws  cd'  the  United  ."states,  as  reiKUted  in  the' case 
'it  United  States  r.s.  Wiltberger,  ."j  Wheaton  U~>,  ''that  although  penal 
laws  are  to  be  construed  strictly,  they  arc  not  to  be  so  construed  as  t»» 
'li'I'cat  the  obvious  intentitui  of  the  legislature."  This  argument  was 
answered  in  an  able  manner  by  Mr.  Wirt,  but  Justice  Thompson,  deliv- 
'liiig:  the  opinion  of  the  court,  said,  "it  was  sullicient  to  establish,  by 
1 'Ills  testimony,  the  committal  of  the  crime,  according  to  the  plain  nienn- 
i;;  of  the  words  used  in  detining  the  <dVen.se." 

The;  whole  policy  of  our  neutrality  laws  require  a  liberal  constrnction 
[»t  the  statute,  if,  indeed,  it  is  to  be  effective  in  preserving  our  neutral- 
ity between  foreign  belligerent.**. 
1^9]  *It  is  also  contended  bj'  another  coun.sel  of  Mr.  Hertz,  Mr.  Cuy- 
ler,  that  there  must  have  been  an  absolute  (nnitract  and  consid- 
|''fatioii  paid.  This  position  i.s  not  the  law,  as  1  understand  it.  The  re- 
pining, whether  by  cuaxiog  or  otherwise,  was  sutUcient.    The  engag* 


612 


TRKATY    OF    WASHINGTON PAPEHS    ACCOMPANYING 


i-A 


L'    ( 


i^j^^-4 


ino",  which  is  tlio  meaniiif?  of  tho  wov<l  vptiiiuina',  whether  by  nieaiisoi' 
pivsoiit  pay  or  the  promise  of  fnfnre  eompensation,  is  snflicieiit. 

But  here  tliere  was  an  absohite  contract.  Tiiis  is  a  question  of  liict 
for  the  Jury,  and  if  they  so  find,  any  diffi(;nUy  on  tlie  question  raised  l»y 
tlu3  eloquent  counsel  is  avoided.  The  conditions  of  the  contrac^t  wore 
verbal,  and  its  execution  was  cousuuiniated  by  the  signatures  of  the  par 
ties  to  the  rollboolr,  each  one  si;L(nin,c»"  that  book,  <'learly  understaiKliii;: 
what  he  was  to  do,  and  what  he  would  receive  for  it.  That  coiitiacr 
sti.nds  for  all  lej^al  ])urposes  in  the  same  i)osition  as  thoujjfh  it  had  l)t'eii 
entii'ely  in  writing,  and,  were  it  not  from  its  very  nature  ami  j;eiieriil 
(;hara(!ter  void  ah  initio,  <'()uld  be  enforced  in  any  court  of  common-linv. 
and  the  bounty  or  i)ay  mentioned  for  the  services  could  be  recovered 
from  any  ])rivat«'  contractiiii;'  parties.  Debts  and  damages  are  daily 
recovered  iq)on  agreen»ents  much  more  carelessly  made.  The  terms  ot 
the  contract  were,  on  the  one  side,  that  Peter  Muhn  and  William  Jitidd. 
and  a  score  of  (jthers  engaged,  should  go  to  Halifax  for  the  purpose  (it 
enlisting;  and  on  the  other  hand,  certain  i-emunerations  were  to  lie 
paid  them  by  the  defemlant's  priiuapal  for  the  performance  «»t 
1 4501     their  *part  of  the  agreement. 

The  pay  was  to  be  r<>ceived,  it  is  true,  after  they  arrived  at  llali 
fax  ;  part  ot  that  i)ay  was  the  ])rivilege  of  being  receivetl  into  the  Qneeii'^ 
servi(!e.  They  were,  also,  to  receive  a  free  ticket  and  i)assage  to  tiuii 
destination.  This  contract  was  considered  so  biiuling  that  one  of  tin 
witnesses  tells  us  that  force  would  be  used  at  the  barracks  to  compel  tin 
enlistment  wlien  there,  ami  even  the  poor  privilege  of  repentance  wa- 
not  allowed  to  the  indiscret  and  hasty.  They  were,  also,  to  receive  ;i 
monthly  pay.  Now,  if  this  is  not  an  absolute  hiring  .;f  a  ])arty  to  .'iilist. 
then  nothing  is,  and  the  act  of  Congress  is  a  dead  letter,  and  shonld  In 
re])ealed. 

Mr.  (/rvr.EiJ.  What  was  it  a  contract  to  do  ! 

Mr.  Van  Dyke.  A  contract,  sir,  to  go  beyond  the  limits  of  the  riiitcd 
Stat<'s  with  the  intent  to  etdist  in  the  liritish  service.  And  if  any  iloidti 
existed  on  tlu^  question  of  intent,  su<di  doubt  is  removed  by  the  iiidi-^ 
l)utable  fact  that  the  men  actually  did  enlist,  and  are,  in  all  probability. 
at  this  moment  in  the  Crimea. 

It  is  admitted  that  the  parlies  who  make  this  contract  must  be  in 
di(!ted  ill' the  distriet  where  the  contract  is  made,  in  the  place  where  tin 
])arties  are  engaged.     Tn  a  case  which  has  recently  been  tried  before  tlif 
[Tinted  States  district  court  for  the  ^Nrassacluisetts  district,  the  case  ol 
United  States  rs.  Lewis  Ka/inski,  reported  in  Eighth  Monthly  Law  lit 
porter,  ]).  2~)i,  the  prosecution  failed  sid)stantially  because  the  hiring  tock 
place  in  Xew  York,  and  the  trial  was  had  in  Boston,  tlw  court  ruling  tliiit 
the  expression  of  intent  made  in  New  York  could  not  be  given  in 
]4r>l]    evidence,  and  contined  the  *pros('cution  to  expressions  of  inteiif 
made  in  the  district  where  the  crime  was  charged  to  have  bcin 
committed, and  the  recruits  on  boanl  the  vessel  ui)on  which  they  wtn 
arrested  having  expressed  a  difl'erent  intent  from  that  i'xjm'ssed  nt  tlif 
time  of  hiring  in  New  York,  the  cause  failed,  anu)ng  other  reasons,  tor 
the  want  of  the  proof  of  the  intent  required  by  the  act.     Exempli  (frtiiht: 
To  u'lakc  i\w  case  more  intelligible  suppose  the  paity  which  left  Pliiiii 
delphia  on  the  l*5th  of  March,  in  the  charge  of  ('a]»tain  Strobel,  lind.  ^ 
after  their  arrival  within  the  limits  of  the  southern  district  of  N(^\v  York.] 
expressed  their  intent  to  be  to  go  to  Halifax  to  work  on  the  railroad. 
and  Mr.  Strobel,  who  had,  in  fact,  assisted  to  engage  the  men  in  I'liila 
delphia,  had  been  arrested,  and,  under  the  second  secti<m  of  act  of  1S1>. 
indicted  in  the  southern  district,  where  he  happened  to  be  found  in 


COUNTEU    CASE    OF    THE    UNITED    STATES. 


613 


by  means  of 
;;ient. 

estion  of  fact 
ion  raised  l>y 
intViU't  were 
-es  of  tlie  \)\w 
nderstaiuiin^ 
riiat  contract 
h  it  lia«l  been 
',  anil  };enei'al 
■  conunon-law. 

be  reeoveivtl 
afjes  are  daily 

The  terms  ot 
^Villiani  liiuld. 
the  piirpose  ot 
ns  were  to  lie 
lerforniance  i»t 


charge  with  the  recruits,  and  the  able  jirosecuting  «)llicer  for  that  di.s- 
trict  shouUl  otter  to  prove  the  expressions  used  by  the  recruits  in  IMiila- 
ilelphia  as  to  tlieir  intent  when  arriving  in  Halifax,  the  court  would  hold 
him  to  the  proof  of  expressions  of  intent  made  in  tiie  southern  district 
of  New  York,  where  the  ottense  of  hiring  and  engaging  is  charged  to 
have  been  committed,  and  [particularly  so  when  tlu*  fact  is  brought 
to  the  knowledge  of  the  court  that  the  evidence  as  to  the  intent  ex- 
prossed  in  the  two  places  ditter  most  materially  and  substantially.  Xow, 
this  was  the  case  of  tlie  irnited  States  vs.  Kazinski,  and  for  tliis  want 
ol  siiflicient  proof  of  the  intent  in  the  district  where  the  trial  took  place 

the  defendants  were  acquitted. 
!4i'52]       *I>ut  this  case  is  im[)ortant  for  other  reasons.    It  settles  two 
of  the  fundanuMiial  questions  which  must  arise  in  every  prosecu- 
tion under  the  second  section  of  this  act  of  Congress. 

First.  The  meaning  of  the  term  hiring  or  retaining,  which  is  to  be 
cHistrued  in  their  everyday  acceptation,  and  is  virtually  nothing  niore 
than  "engaging,"  the  word  used  by  the  learned  .judge. 

Secondly.  That  the  hiring  must  be  within  the  district  where  the  crime 
isc'hiirged  to  have  been  committed,  and  1  have  shown  that  such  hiring, 
so  far  as  it  (!ould  be  consummated  anywhere,  was  actually  done  here. 

A  single  word  in  rejdy  to  the  remark  of  Mr.  Cuyler,  as  to  the  i)ro- 
])iiety  of  prosecuting  this  defendant,  while  persons  of  nioje  importance 
are  permitted  to  pass  unpunished.     1  agree  with  my  learned  friend  that 
it  is  ratlier  unfair  in  one  sense  that  Mr.  Hertz,  the  nu're  humble  instru- 
ment of  a  great  nation,  should  sutter  tor  the  acts  of  his  superi(U-s.    JJut 
Mr.  Hertz  was  a  free  agent,  and  acted  voluntarily  iji  the  whole  affair, 
lie  sought  for  and  obtained  the  position  under  Mr.  Crauiptou  an<l  Mr. 
Howe,  which  c:iabled  him  to  violate  our  law,  and  he  lias  no  right  to 
coinplain  if  he  sntVers  the  i)enalty  of  his  own  willful  misconduct,  and  it 
•  tht*  duty  of  the  Jury  if  they  believe  him  guilty  so  to  find  him.     Y«m 
will  also  recollect,  gentlemen,  that  the  prosecution  of  this  defendant 
was  the  only  means  by  which  the  Executive  of  the  United  States  could 
be  best  intbruuHl  of  the  inqiropriety  of  the  conduct  of  those  repre- 
453]   sentatives  of  the  IJritish  govern*ment,  who  have  been  accredited 
as  fit  ami  honorable  men,  claiming  peculiar  privih'ges  near  our 
liovernnient.     1  have  no  doubt  that  this  trial  has  furnished  such  infbr- 
iiiation,  and  that  su(di  steps  v.ill  be  adopted  as  are  sanctioned  by  inter- 
iiiitional  law.    Jiut  with  that  you  have  nothing  to  do  here.     Your  only 
iluty  is  to  inq)artially  incpiire  into  the  (U)nduct  of  Mr.  Hertz  and  Mr. 
I'erlciiis,  and  to  render  a  fair  verdict  under  the  evidence.     With  that 
verdict,  whatever  it  may  be,  1  shall  have  no  couq)laint  to  make. 

Mr  Van  Dyke  having  concludsHl,  Hon.  floiiN  K.  Kane  charged  the 
jury  as  follows : 

1  intended,  gentlemen  of  the  jury,  when  we  se[)arated,  to  avail  myself 
'•1  the  leisure  afforded  me  to  put  my  charge  in  writing,  but  1  have  beiMi 
Itrevented  by  ccmtrolling  circumstances  from  doing  so,  and  my  remarks 
toyou,  therefore,  will  be  less  closely  conne<'ted,  perhaps,  though  1  trust 
they  will  not  be,  on  that  account,  less  intelligible  and  clear. 

The  case  has  involved  in  its  progress  a  train  of  facts  of  very  consider- 

iilile  political  interest,  i)erhaps  of  more  general  interest  in  that  aspect  of  it, 

than  in  its  bearing  on  the  questions  which  are  to  be  decided  byyourverdi<!t. 

Hiere  are  very  few  among  us,  i)robably  none,  who  have  not  felt  aggrieved 

i>t  the  tone  with  which  the  press  of  foreign  countries,  and  occasionally  of 

foreign  statesmen  of  theday.havec  nunented  upon  what  they  have 

t'"'4J   been  pleased  to  call  o\  er-alacrity  of  t  ae  *  American  people  to  engage 

iu  military  controversies  in  which  they  properly  had  uo  rightful 


r;i4 


TRKATV    OF    \VASIIIN(;T0\ PAPERS    ACt^ONf  PAN  VINO 


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part.  Our  p(»opl<»  iuid  onr  Govoriiinont  have  beon  accnsiMl  of  forj;ottiii<f 
tin*  ol>lij>iiti(nis  of  lUMitrality,  and  pushiiifj  oursclvos  forward  into  the 
coiitli(!t  of  fonMyu  nations,  instead  of  nundiny"  our  own  business  as  iicii- 
trjils  and  leaving*  b«'liiy:erents  to  tiftiit  out  tiieir  own  (piairels.  For  on,. 
1  (.'onfess  that  I  felt  surprised,  as  this  case  advanced,  to  h'arn  tliat,  chniiii;' 
the  very  time  that  tiiese  ae(;nsations  wer<'  fidniinated  aj^ainst  tiie  Aiiicri- 
can  |>eoph*  by  tin^  press  of  I'^njiland,  there  was,  on  the  ])art  of  einiiiciit 
British  functionaries  here,  a  series  of  arranft'enn^nts  in  ])ro,uress  carefully 
dij;este<l,  and  eouibininfi;  all  sorts  of  i)eoph'  under  almost  all  sorts  of  in- 
fluences, to  evade  the  law^s  of  the  United  States  by  which  our  conntrv 
son<:[ht  to  enforce  its  neutrality;  arranj^cnients  matured,  ujjon  a  careful 
ins])ection  of  the  dillerent  sections  of  our  statutes,  ingeniously  to  viohitf 
their  sjnrit  and  prin(Mi)le  without  incurriuij:  their  penalty,  and  thus  enlist 
and  send  away  soldic  from  our  neutral  shores  to  iij^ht  the  battles  ot 
those  who  were  incontiii;  itly  and  not  over-courteously  admonishiiij;'  ns 
to  fulfill  the  duties  of  neutrality. 

I  alhnle  to  tlu'se  circumstances  and  this  train  of  thous'lit,  .nentleiiieii. 
not  because  it  is  one  that  should  intlueiKu'  your  action  as  jurors,  hiir 
because  1  feel  it  my  duty  to  yuard  you  against  its  inlluence.  The  (|iies- 
tion  which  you  have  lo  <le{!ide  is  not  whether  tliere  has  been  an  etl'oir 
on  the  part  of  any  foreij;n  functionary  to  evade  the  ]>rovisions  of  our 
acts  of  Congress,  but  whether  these  two  defendaiits  have  or  liavi 
[4.")]  not  vi*olated  the  provisions  of  the  act  of  Conj^ress,  which  arc 
cited  in  these  bills  of  indictment;  your  vei'dict  will  respond  tn 
tlie  simple  (|uestion,  are  these  two  men  guilty  of  the  crime  with  wliicli 
they  are  charged  I 

In  order  that  my  remarks  may  not  hereafter  be  embarrassed  by  tin 
necessity  of  using  tlu^  pbual  wiien  the  singular  is  more  appropriate,  i 
will  say  to  you,  at  the. outset,  that  there  is  no  evidence  agjiinst  one  ot 
these  defendants.  Jlelbie  a  Jury  can  properly  convict  an  individual  itt 
a  crime,  they  must  be  satisfied,  by  clear  evidence,  that  the  crime  lias 
Ix'en  committed  by  some  one.  We  have  no  statute  which  affects  te 
punish  braggart  garrulity  ;  and,  unless  tlu'  particular  offense  of  enlist 
ing;  certaifi  definite  persons  has  been  committed  by  Perkins,  one  of  tlic 
defendants,  though  he  may  have  proclaime<l  upon  the  house-tojjs  that  lir 
has  recruite<l  armies  innumerable,  no  jury  can  properly  convict  him  oi 
the  ott'ense  he  i)rofesses  to  have  engaged  in. 

I  pass  to  the  consideration  of  the  case  of  the  defendant.  Hertz.  IIi 
stands  indicted,  sometimes  jointly  v.ith  another,  sometimes  alone,  with 
the  oftense  of  hiving  hired  and  retained  certain  j)ersons  to  go  out  of  tlif 
L"iMte<l  States,  for  the  pnr[)ose  of  enlisting  ami  ent«'ring  themselves  as 
soldiers  in  the  service  of  a  foreign  prince,  state,  or  territory. 

The  act  of  ('(Uigress  is  in  these  words.  1  read  tln^  words  material  to 
the  question,  leaving  out  those  which  apply  to  a  different  state  of  cii 
cumstances : 

If  any   persou   sliall,  within  fln^  trnitory  of  tlu;  Unitod  States,  liiio  or  ntiiin 
[4.'>(>]  iuiy  |»ers()ii  to  ^o  hcyond  tlic  limits  of  "tlu;  I'liited  States,  with  th(!  intent  to  1" 
fiilisted  in  llie  servico  of  a  iorcign  prince,  he  shall  be  deemed  yuilty  of  a  iii^'!' 
iiiisilenieanor. 


The  fpieation  which  you  have  to  pass  upon  is — did  Henry  Hertz  liiif 
or  retain  any  of  the  jtersons  named  in  these  bills  of  indictment  to  fjv 
beyond  the  limits  of  the  United  States,  with  the  intent  to  be  enlisted  or 
entered  in  the  service  of  a  foreign  state  I  Did  he  hire  or  retain  a  ptT 
son  *.      Wluitever  he  did  was  within  the  territory  of  the  United  States, 

The  hiring  or  retaining  does  not  necessarily  include  the  payment  oi 


COUN.   Mi    CASE    OF    THE    IMTED    STATES. 


(11. 


money  on  the  part  of  liim  who  luros  or  rotains  anotlx'r.  He  may  hire 
01  ivtaiii  a  i)ers()ii  with  an  a<ireein«'nt  that  he  sliall  pay  waj»e.s  wlien  the 
services  shall  have  been  perfoniied.  The  hiring  or  retaininj^'  a  servant 
is  not  {generally  by  the  payment  of  money  in  the  first  instance,  bnt  by 
the  jtromise  to  ])ay  moiu\v  when  the  sei-vices  shall  have  been  perfornuMl ; 
;iiitl  so  51  person  nay  be  hired  or  retained  to  j>o  beyond  the  limits  of 
tlie  LInite<l  Htat<  s,  with  a  certain  intent,  thonj;h  he  is  only  to  receive 
his  i)ay  after  he  has  gone  beyond  the  limits  of  the  United  States  with 
tiiat  intent. 

Moreover,  it  is  not  necessary  that  the   consideration  of  tlu!    hiring 

sliall  be  numey.     To  give  to  a  peison  a  railroad  ticket  that  cost  81,  and 

board  and  lodge  him  for  a  wcei<.  is  as  good  a  cfinsidcration  for  the  con- 

tract  of  hiring  as  to  pay  him  the  money  with  wiiich  he  coald  b'ly  the 

railroacl   ticket   ami   ])ay   for   his   board  himsell'.      If    there  l)e 

J.17J    *an  engagement  on  the  one  side  to  do  the  particnlar  thin<^,  to  go 

beyoml  the  limits  of  the  Linited  States  with  the  intent  to  enlist, 

iiiidon  the  other  side  an  engagement,  that  wlier.  thea(;t  shall  have  been 

(liiiic,  a  consideration  shall  be  paid  to  the  party  jicrforming  the  services, 

or  doing  the  work,  the  hiring  and  retaining  are  con:olete. 

Tiie  nu'aning  of  the  law,  tlien,  is  this:  that  if  any  person  shall  engage, 
hire,  retain,  or  em]>loy  another  ]><>rson  to  go  ontsidcot  the  Tlnited  States 
ro  do  that  which  he  conid  not  do  if  he  remained  in  the  United  States, 
viz.  to  take  part  in  a  foreign  quarrel;  if  he  Iiires  another  to  go,  know- 
iiij;  that  it  is  his  intent  to  eidist  when  he  arrives  out ;  if  he  engages  him 
iojio  because  he  has  such  an  intent,  then  the  olTense  is  complete  within 
'he  sct!tion.  Every  resident  of  the  United  States  has  the  right  to  go  to 
Halifax,  and  there  to  enlist  in  any  army  that  he  pleases,  bnt  it  is  not 
lawful  for  a  person  to  engage  another  hereto  goto  Halifax  for  that  pur- 
jiose.  It  is  the  hiring  of  tlie  [)erson  to  go  beyond  the  United  Stares, 
rliat  person  Iniving  the  intention  to  eidist  when  he  arrives  out,  and  that 
intention  known  to  the  party  hiring  liim,  and  that  intention  being  a 
iMirtion  of  the  consideration  because  (d'  which  he  liires  him,  that  «le- 
liiies  the  offense. 

1  believe,  that  after  making  this  comnn-nt  upon  the  law,  I  nnght  ])ass 
oil  to  the  fact ;  but  it  occurs  to  me  to  add,  visit  you  arl'  not  to  re(piire 
lunof  of  the  connection  of  the  defemlant  with  each  i)articnlar  fact  an<l 
fiiciunstance  which  has  been  given  in  evidence  toshow  the  working  out 

of  the  general  plan. 
loSI  *If  you  believe  the  witnesses,  the  object  here  was  to  efi'ectuate  an 
eidistment  beyond  thebordersof  the  United  States,  and  yet  esca}»e 
ivnin  the  provisions  rtf  this  section  ;  to  do  etfectively  and  yet  not  seem  to 
'In.  If  you  are  satisfied,  no  matter  what  was  the  avowed  object  of  the 
I'lirty.  no  matter  what  the  ]tretext,  if  yon  aresatislied  that  Henry  Hertz 
»as  here  engaged  in  hiring  and  retaining  men  to  go  otf  to  Nova  Scotia, 
ilit'ic  to  eidist,  that  being  their  intention,  ami  he  ln»lieviiig  that  it  was 
"I',  and  therefore  hiring  them  ;  then,  no  mattt'r  what  was  the  costume 
"!•  mask  which  the  transaction  wore,  he  has  committed  the  olfense 
liiaip'd  in  the  bill  of  imlic'tment. 

As  to  the  evidence,  gentlemen,  you  Inive  listened  to  it  very  carefully, 
^iiidit  has  been  commented  upon  abundantly.  1  do  not  know  that  it  is 
'ii.v  duty  to  detain  you  by  a  single  remark  on  it.  It  is  all  on  om*  sid*-. 
^Vliethcr  it  establishes  the  fact  is  for  you  to  judge.  The  enlistment 
necessarily  in(^ludes  the  action  of  different  parties  ;  the  concert  between 
t'lem  is  to  be  inferred  from  their  acts.  The  intention  of  the  ]>arty  en- 
"iRod  or  retained  to  enlist  is  to  be  gathered  from  his  conduct  and  dechi- 
wtiou  here,  from  his  conduct  after  he  reaches  the  foreign  country,  an<l 


"fei 


A.,  (''I       > 

it  '^•' 

if      * 


w 
1    ^ 

I        I 

1 


I''  > 


l> 


.n  . 


616 


TRKATV    OF    WASHINGTON PAPERS    A('(OMPA\VIN(} 


from  the  a(rtioii  of  those  persons  with  wlioin  be  perfects  the  eiilistineiit 
tliut  he  may  hiivt?  contnuited  for  here.  You  are,  therefore,  while  lookiii}; 
lu'imarily  at  the  conduct  of  Hertz,  to  look  also  at  the  actions  of  otlicrs 
tending  to  the  same  objects;  and  if  yon  judge  that  they  were  actually 
in  concert  with  him,  tiien  all  their  acts  done  in  pursuance  of  the  coiii 
inon  purpose  and  plan  are  to  be  regarded  as  his. 

With  these  remarks,  I  leave  the  case  in  your  hands. 

At  the  conclusion  of  the  judge's  charge,  the  jury  retired  and  returiUMl 
in  about  fifteen  minutes.  On  taking  their  seats,  the  clerk  of  the  court. 
in  the  usual  form,  ])ut  t'e  question,  "  (ientlemen  of  the  Jury,  liavf 
you  concluded  upon  your  verdict  ?"  To  which  the  foreman 
[459]  re*plied,  "We  have."  Clerk:  How  say  you,  guilty,  or  not  guilty  ; 
Foreman  :  Guilty  as  to  Henry  Hertz,  in  nuinner  and  form  as  Ik- 
Stands  indicted  on  all  the  bills  of  indictment;  as  respects  EmanueU'. 
Terkins,  not  guilty. 

The  jury  were  then  discharged.     Sentence  deferred  for  the  present. 

And  now,  Se))tember  29,  1855,  Theodore  Cuyler,  esq.,  aiul  Stcplun 
iteniak,  es(j.,  for  Mr.  Hertz,  move  for  a  ride  for  a  new  trial,  and  by  leave 
of  court  file  the  following  reasons : 

United  States  ^  j^^  ^^^^  district  court  of  the  United  States,  sur  iudioi 
11  enuy' Hertz.  S  '"^^"*  ^""^  unlawful  enlisting,  &c. 

1.  That  the  learned  judge  erred  in  admitting  in  evidence  proof  of  tin 
acts  and  declarations  of  other  persons  done  and  said  in  the  abseuccMH 
d«?fendant. 

2.  The  learned  judge  erred  in  his  construction  of  the  language  ami 
meaning  of  the  act  of  Congress,  1818,  under  whichthe.se  indictments  an- 
framed.  That  he  held,  and  so  instructed  the  jury,  that  the  words  ''liiir 
or  retain,''  employed  in  said  act,  would  be  satisfied  by  less  than  an  ab 
.solute  contract,  founded  upon  sutticient  consideration,  and  capable  at 
legal  enforcement,  if  the  same  were  not  made  unlawful  bj'  the  provision^ 
of  said  act. 

o.  The  weight  of  the  evidence  was  clearly  and  decidedly  that  no  per 
.son  was  "  hired  or  retained  to  enlist  or  to  leave  the  United  States''  witli 
intent  to  enlist,  but  the  several  per.sons  sent  to  Haliiax  were  engaged 
to  go,  and  sent  there  with  the  distinct  understanding  that  they  wore 
there  to  determine  whether  they  would  or  would  not  eidist,  and  were. 
until  then,  entirely  free  and  at  liberty,  bound  by  no  contract  or  enuaiiv 
uient,  and  therefore  having  no  intent,  <S:c.,  within  the  meaning  of  the  act 
of  Congress. 

4.  The  verdict  was  against  the  evidence ;  and, 

5.  The  verdict  was  against  the  law. 

THEODORE  CUYLEll. 
STE1»HEN  S.  REMAK. 

[4t>()]  *  And  now,  October  12, 1855,  the  motion  for  a  rule  for  new  triiil. 
coming  on  before  Hon.  John  K.  Kane,  is  argued  by  TlieodoM 
(  uyler,  esq.,  and  Stephen  S.  Remak,  es(i.,  for  the  motion,  and  the  same 
being  denied,  and  new  trial  refused, 

Mr.  Van  Dyke  said :  The  motion  of  the  defendant  for  a  new  trial 
being  refused,  I  ask  leave  to  present  to  this  court  the  confession  wliieli 
has  been  nnule  to  me  by  the  defendant,  Henry  Hertz. 

This  prosecution  has  not  been  merely  local  in  its  tendencies,  nor  the 


\\Sii 


CO  INTER    CA.SE    OF    THE    UNITED    STATES. 


617 


\e  enlistment 
while  lookiu}; 
ons  of  others 
were  iictually 
J  of  the  com 


aiul  letuiiu'd 
of  the  eourt. 


le  .iniy, 


hiivc 


the  foi'tMnaii 
or  not  guilty! 
id  form  iis  Ik- 
;s  Kiniinui'l  (,'. 

the  present. 

,    lUUl    Stl'plllMl 

il,  and  by  leave 


ates,  sur  iniliot 

uce  proof  of  tlu 
I  the  abseuie oi 

le  lanRunine  m\ 
indictments  luv 
he  words  "liiir 
ess  than  an  ab 
and  capable  of 
y  the  provision^ 

pdly  that  no  iiti 
ied  States'"  with 
[x  were  eny'aji'i'd 

that  thev  \vove 
Inlist,  and  weir. 
Itract  or  en.iia!iv- 

waning  of  the  art 


tE  CUYLEl!- 
S.  REMAlv. 

lule  for  now  tiiiil 

led  by  Tlieo<loii' 

)n,  and  the  &aiiu' 

for  a  newtvi 


iiirinence  of  its  results  likely  to  be  confined  to  the  s])here  of  an  ordi- 
nary prosecution  in  this  district.  Its  results  are  of  a  far  nH)re  extended 
importance. 

The  disclosures  made  in  the  progress  of  this  cause  nuiy  be  the  ground 
work  of  an  important  step,  on  the  part  of  the  Federal  (lovernment,  in 
relation  to  those  who  have  been  instrumental  in  j^roducing  that  system 
of  interference  with  our  affairs  which  has  formed  the  basin  of  this  i)ros- 
('(Mition.      1  am  permitted  to  say  that  the  trial  which  has  just  resulted 
in  the  conviction  of  this  defendant  was  authorized  by  the  National  Ex- 
ecutive, and  before  making  the  motion  which  1  intend  to  submit  to  your 
iionor,  I  beg  leave  to  read  the  instructions  which  1  have  received  in  re- 
lation to  this  trial. 
1 401]        Being  aware  that  the  system  of  enlistments  had  *been  effectu- 
ally broken  uj)  by  the  prompt  execution  of  the  warrants  which 
1  had  caused  to  be  issued  for  the  arrest  of  various  parties,  and  by  the 
etlicient  aid  which  Mr.  Wynkoop,  the  marshal  of  this  district,  and  his 
ofticers,  had  otherwise  furnished  me  in  ^u'reting  out  the  system  adopted 
lor  the  evasion  of  our  laws,  I  had  supposed  there  might  not  be  any 
urgent  necessity  in  pressing  the  prosecution  of  the  defendants  who 
liave  Just  been  tried,  and  had  written  to  the  Attorney-Creneral  of  the 
Tiiited  States,  asking  whether  it  was  the  desire  of  the  Administration 
further  to  press  these  i)rosecutions;  to  which  I  received  the- answers 
dated  September  J 3,  ISri*"),  and  also  the  letter  dated  September  17, 1855, 
liotli  of  which  I  shall  take  the  liberty  of  reading  to  the  court. 
Mr,  Van  Dyke  read  the  letters  as  follows: 

Attohnky-GkneraiAs  Ofkick,  Scpfemhcr  12,  1855. 

i^ik:  In  reply  to  your  letter  of  the  10th  in.staiit,  on  tlic  Huhjcct  of  tlio  indictineuts 
)iiii(linj;a<;aiii«t  ])ersoiis  diargrd  with  reeniitin;!;  for  the  military  service  of  Great  IJrit- 
ain.  I  have  the  honor  to  make  the  followinjj;  observations: 

Mr.  McKeon  has  been  advised  of  the  desirableness  of  cpnferrinj;'  witli  you  personally, 
lillier  by  himself  or  his  assistant,  in  regard  to  new  evidence,  to  which  he  may  have 

access,  and  which  can  be  useful  to  you. 
1  ll!'2]  I  .sn<;gest  the  expediency  of  trying  only  a  part  *of  the  cases  now,  especially 
if  you  fail  to  convict  in  some  leading  ease, 
lint  tlic  most  im))ortant  consideration  is  this:  This  Government  has,  of  course,  ad- 
ihvssed  to  that  of  Great  Britain  sncli  demands  of  public  redress  and  satisfa(!tiou  in 
till' iivemises  as  the  national  honor  reijuires.  But  the  government  of  Great  Britain, 
Aitli  extraordinary  inattention  to  the  grave  aspect  of  its  acts,  namely,  the  tlagrant 
viiiliitlon  of  our  sovereign  rights  involved  in  them,  has  .sni>posed  it  a  sudieieiit  Justiti- 
lution  of  what  it  has  done,  to  reply  that  it  giivo  instructions  to  its  agents  so  to  pro- 
II. lias  not  to  infringe  onr  municipal  laws;  and  it  quotes  the  remarks  of  .Judge 
Kane  in  siipj)ort  of  the  idea  that  it  has  succeeded  in  this  purpost^  It  nniy  be  so.  .Judge 
Kane  is  an  upright  and  intelligent  judge,  and  will  pronounce  the  law  as  it  is,  without 
liar  01-  favor.  But  if  the  British  government  has,  by  ingenious  eontriviinct.'s,  succeeded 
111  sheltering  its  agents  from  conviction  a^:  malefactors,  it  has,  in  so  doing,  doubled  tho 
iiiiiKnitudo  of  the  national  wrong  inflicted  on  the  United  States. 

This  Government  has  done  its  duty  of  internal  administration  in  prosecuting  tho 
iiiilividiiiils  engaged  in  the.se  acts.     If  they  are  aecinitted,  by  reason  of  a  deliberate 
undertaking  of  the  British  government,  not  only  to  violate,  as  a  mition,  our  sov- 
[403]  ereign  rights  as  a  nation,  but  also  to  evade  our  municijial  laws — and  *that  un- 
dertaking .shall  be  consummated  by  its  agents  in  tin)  United  States — when  all 
tills  shall  have  beei:  judicially  ascertained,  the  President  will  then  have  before  him  tho 
I'lfiiients  of  decision,  as  to  what  international  action  it  becomes  the  United  States  to 
!<i1i'l>t  ill  so  imi)ortant  a  matter. 
I  am,  very  respectfully, 

C.  GUSHING. 
•'as.  G.  Vax  Dyke,  Esq., 

United  Stalcn  Attorney,  Philadelphia. 


boufession 


wliifli 


ATTonNEY-GENKRAi/s  Okfice,  Scptemhcf  17,  1855. 

I^iu :  I  desire  to  make  a  further  suggestion  in  regard  to  the  trial  of  ]»arties  charged 
.    ^™    ^'"i  recruiting  soldiers  in  the  United  States  for  the  service  of  the  British  goveru- 
ideucies,  nor  tl^^  ^H    'mut.    it  is  known  that  iustructious  on  this  subject  were  given  by  that  govorument 


f;i8 


THKATY    OF    \V.\SHI\(iTON I'Ar'F.KS    A(U'OMI'A\VIN(! 


cm; 


f  , 


t(»  i(H  (idifcrM  in  tlui  Uiiift'd  Stiit»'.s.  We  an^  told  by  lionl  ('IhicikIoii  tliiit  tliono  (idii  iis 
hail  '".striii,ii»'iit  iiiHtiucf ions"  s<»  to  )»roci'c»l  as  not  to  violat<i  tln^  ninniciiial  law— tluit 
in,  to  violate  its  Mpirit,  hnt  not  its  letter.  11'  so,  tin;  instructions  tln-niNeivcs  violMt.' 
the  sov('r('iji;n  ri/ijiits  of  {\w  United  Slates. 

Mut,  in  the  nieantiine,  every  consnl  of  CJieat  llritain  in  tho  United  States  is,  hy  ihc 
avowal  of  his  };-overnnM'nt,  suh.jeet  to  tho  just  siispieion  of  hreach  of  law  :  while,  up. 
parently,  he  ninst  either  haves  disoheyed  his  own  HI"Via'nnient,  or.  in  oheyii);f  ii,  liuvr 
abusiid  his  (loiisnlar  fnnctions  by  tho  violati'  n  of  his  international  dnty  to  the  liiitid 

States. 
[404 J  *  In  these  eirennistanies,  it  is  deeiniMl  highly  necessary  that  the  liritisli  uou- 
snl  at  riiiliidelithia,  or  any  other  ollicer  of  the  Jiritish  e'overnnient,  shidl  not  lie 
sntVercd  to  interfen-  in  the  trials,  as  lu^  attempted  to  do  on  u  ])revions  oecusion;  tlint  no 
letter  of  his  be  read,  e.\cej)t  in  the  dne  form  of  eviilence,  and  that  if  ho  have  anytliiim' 
to  say,  lu'  shall  be  pnt  on  tho  staiul  l»y  tlu)  defense,  in  order  that  ho  nniy  be  fidly  cross- 
examined  by  tin;  i)roscention. 

It  is  clear  that  he  has  no  rip;ht,  by  an,v  rule  of  public  law,  or  of  intornaticmal  comity, 
to  be  heard  in  tln^  ease  by  the  eonrt,  otherwise  than  as  a  witness,  whether  enforced  m 
volnnteer. 

I  have  the  honor  to  be,  verv  respectfully, 

C.  C'USHINti. 
Jas.  C.  Van  Dyki;,  Es(|.,  ^ 

I'liitvd  Slalfi  Attorne}!,  I'hiladdphia. 

Yon  honor  will  iKTceivo  tliat  the  objcrt  in  this  prosoention  luis  been 
as  ninch  to  brcnk  np  the  general  system  whi(;h  had  been  adopted  Ity 
the  Ihitish  oovernnient  to  violate  onr  niiinieii»al  laws,  as  it  was  to 
l)nnish  those  who  shonld  be  tbnnd  ftnilty  as  the  instruments  of  tliai 
government. 

If  the  present  defendant,  slnee  his  eonviction,  l;as  eopti  ilnited  in  any 
manner  to  aid  the  (iovernment  in  this  investigation,  and  that  aid  lias 
been  the  result  of  a  sincere  regr«!t  and  repentance  for  his  i)ast  con- 
duct, it  is,  in   my  opinion,  but  Just   thtit   he  should  have  tlie 

35]    *benetit  of  his  present  comlut^t  in  the  sentence  which  your  honor 
may  see  lit  to  pronounce  in  his  case. 

I  tlu'refore  move  that  the  defenthuit's  coidessi(m  be  read,  and  that  it 
be  tiled  of  record  among  the  pro(;eedings  in  the  cause — to  be  duly  con 
sidered  by  the  court,  in  the  JudgiiuMit  which  nuiy  hereafter  be  pro- 
nounced against  the  defendant. 

Per  curiam.    Let  the  paper  be  read  and  tiled  of  record. 

The  confession  is  as  follows: 

UnITKI)  S'IATHS       1 

I    In  tho  District  Court  of  the  ITnitcd  States 
V8  )■  ill  and  for  tho  Eastern  District 

I  of  I'ennsylvania. 

Hknuy  IIkutz.      J 

UNrrun  Statkm,  Eastkrn  Distiuct  ok  Pkxxsvj.vanma,  vw  ; 

Be  it  renuMnbered,  that  on  this  11th  day  of  October,  A.  D.  Ift"),  before  me,  Chinlos  !'• 
Heazlitt,  a  commissioner  of  the  Uniied  States,  personally  came  Henry  Hertz,  who  bciiiu 
duly  sworn,  siiys: 

That  some  time  in  the  montli  of  January,  iSoo,  I  re.id  in  the  London  Times  a  notice 
of  the  jtassafje  of  a  rescdution  of  the  Hritish  railiament,  anthorizinj;  the  (■nlistnieiit  ct 
a  foreijrn  lef;ion.  A  day  or  two  afterwards  I  went  to  tht!  United  States  Hotel.  wIk  iv  1 
b(!ard  three  or  four  fjentlemenspeakinj;- of  this  country  asa]>lace  where  enlistments  conM 
best  be  nnide.  One  frentleuuin  by  the  name  of  Miller  pointed  at  me  as  the  man  l">f 
fit  for  enlisting  men  for  the  British  service,  because,  as  he  said,  I  am  so  well  known 
amonjj  the  fJermau  aud  foreign  iiopulation.  One  of  the  gentlemen  sitting  tlu'iv 
[466]  arose  aud  said  to  me,  "I  am  an  English  otlicer :  *l  am  not  particularly  engaged  in 
this  matter  now,  but  I  can  tell  yon  how  to  embark  in  it  without  ruiniing  any  risk. 
aud  I  would  bo  glad  if  y(Ui  would  engage  iu  it;  but  in  ordiT  to  accomplish  tins,  it  is 
necessary  for  you  to  go  to  Washington,  aud  see  Mr.  Crampton,  the  English  eni'iassii- 
d«)r."  From  what  I  learned  afterwards,  the  name  of  the  gentleman  was  Mr.  Uriu'i' 
McDonald.  Two  or  three  weeks  afterwards  I  went  to  Washington,  aud  wa-  introiliutd 
by  many  gentlemen  by  letters  to  ^Ir.  Crampton.  I  bad  obtained  these  letters  witlionf 
tclliug  thouu  geutleiueu  the  object  of  iiiy  visit ;  but  before  delivering  any  of  tlie^i' 


[40^ 


.ill  law— lli;\i 

-Ht'lvi'S  Vii)l:ll>' 

ites  is,  liy  till' 
w  ;  while,  wy- 
t-\\\\'4.  it.  li;iv'' 
to  thi-  I'liitiil 

(1  British  ion- 
it,  hIu'.U  not  1)1' 
iisioii;  tliiit  no 
liiivi'  iiiivtirmn 
\n;  fully  cniss- 

atvoiml  conruy, 
hi'V  ful'oructl  iiv 


:.  CUSHINti. 


tion  l>iis  Inn'ii 

as  it  NVii^^  to 
neuts  of  tliai 

/ibuted  in  iuiy 
a  thivt  aid  l>a.>; 
liis  past  I'oi! 
H\Ul  liiivo  tlU' 
cli  your  Uonov 

lul,  ami  that  it 
o  Ik>  duly  con 
ciiftev  be  pvo- 


rOUNTKK    CASK    OF    THK    rNITKD    STATES. 


Oil) 


lorn  District 
renusylviiniii. 


lovonHNChnrlcsV- 
lleitz,  who  hc\H 

Ion  Times  u  n-tice 
Tr  the  cnli.-^tuuMit  c 
Ites  Hotel.  wlu'V.' 
loeuVistim-nts  colli. 

le  as  thf  mil"  '"-' 
lumsowollluimvn 

JcmensittinstlH'i 

It  running  any  n;^; 

I  Englisli  cnihrii^-'- 
Inan  was  Mi-  f  ' 
Vu\wa,Jntvoam 

Jese  letters  w.tl") 
lerii.g  a»y  »*  ^^' 


letters  of  iiitrodiictiou,  I  addnssci'  a  iioic  to  Mr.  ('raiii])toti.  riM|iit'.HtinK  an  iiitfrvifw 
with  him;  tliat  noli'  <li<l  not  state  the  olijcct  of  the  interview.  The  |n'ini'i|ial  ohjt'ct  of 
my  visit  to  Mr.  C'raiii|iton  was  to  ascertain  whether  I  could  safely  cniliark  in  tliis  cii- 
IiTiirise.  I  was  >sto|()iiii<r  at  Willanl's  Hotel,  anil  in  reply  to  my  note,  1  receiveil  tilt) 
imte  hereto  annexed,  marked  y\,  ((".  1;'.  II.)  ('I'his  note  has  iteen  imiilished  in  .Mr.  Stro- 
lii'l's  testimony,  and  will  lie  fonnil.  ante,  at  to|»  of  iia;;e  ;i",'7.)  Alter  the  receipt  of  this 
iioti^  I  ciiUed  on  Mr.  Crampton,  at  his  residence  ;  it  was  on  Sunday  nnirniii;;  when  I 
ciillcil ;  1  saw  Ml.  Ciampton;  he  said  in  snlistanee.  '•Yoiii-  letters  of  introdnetio!)  as- 
^IU'<■  nie  that  I  may  have  full  coiilidenee  in  yon;  I  lune  not  siiliieient  authority  yet 
liiiiii  the  liome  <rovernment  with  regard  to  the  ?nattei'.  hut  I  es|>ect  early  authority* 
from  Lord  Clarendon.  1  havi^  already  received  a  letter  from  Lord  Clarendmi, 
[107]  in(|uirin^-  *how  many  nu-n  mij^lit  he  enlisted  in  this  (oiintry  for  lirilish  service, 
and  what  the  Cnited  .states  (Jovernnient  wmtld  think  of  such  jui  attempt.  I  can 
ii'll  you  this,  that  if  yon  einliark  in  this  matter  you  can  make  a  ;;reat  deal  of  money  : 
it  iiriH'urinj^  of  men  for  the  l''.n};lish  .seivice  should  he  undertaken,  it  will  he  very  ad- 
v:iMtay;('ous  to  yon;  hut  I  expect  a  letter  from  Lord  Clarendon  liy  th<Miext  steamer, 
wliicli  may  he  expeclei^  in  eij;ht  or  ri'ii  days,  nivinii'  me  full  explanations  and  mstriie- 
limis  how  the  matter  is  to  ne  conducted."  In  this  conversation  he  had  a  reference  to 
iilistMients  in  this  country  foi-  the  ("rimean  war.  lie  stilted  Ihiit  he  Inid  iinswered 
il  Cliirendon's  first  hdter,  and  that  the  letter  he  expected  was  in    rejdy  to   his  aii- 


viT.     lie  <lid    not   stale  the  contents  of  his  iinswcr  to  Lord  Clarendoi 


•Iter. 


Il> 

reii- 


'liiii  siiid.  "  I  hiixc  nothin;;-  more  to  tell  ymi  to-ihiy,  hut  whim  I  receive  Lord  Cla 
. lull's  letter  1  will  wiile  to  you."'  1  returned  to  l'liiladel]diiii,  iind  should  liiive  thoiinht 
anthill;;  more  of  the  suhjiu^t.  hut  iilioiit  theolh  of  Felirnary,  lr*'>'t,  I  received  ii  lettei' 
iioiii  .^lr.  Criimpton,  throu<;h  the  iiost-olliee,  which  letter  is  hereto  annexed,  nnirked  I!, 
('.  F.  II.)  (The  let  ter  refcri'cd  III  is  jiiihlished  iiiite,  second  let  ter  on  jiiijue  ii'2i>. )  I  sent. 
Iiiiii  a  tele;j,riii)hi<'  disp:itch,  that  I  'Viis  too  much  eii;fii;;ed  to  cOme  to  Washiiniton  now, 

hut  thiit  I  would  call  iiiiou  him  iit  Washin^^ton  iis  soon  as  my  time  would  permit  ir. 
;lil{!]     I  wont  somedays  iil'ter\Mirds,siiy  threi'or  four  *days,  to  VVashin^iton  iind  sawMr. 

Criimpton  iit  his  piiviite  residence  ;  he  was  indisposed.  1  told  him  1  had  received 
liisl'itei'iind  desired  to  know  wluitl  hiid  to  do.  Mr.  Crampton  reiilied,  "  1  have  received 
1  litter  from  I/on;  Clarendon,  which  contains  the  stiitement  that  the  Itritish  i.;(ivern- 
ii'.ciit  liiis  uiiide  arriiimcments  to  estiihlish  dejiots  at  some  phice  in  Ciinaihi,  on  the  froii- 
iiir  of  the  L'nited  Stiites,  in  order  to  receive  the  mi'ii  who  may  he  procured  in  the 
!  iiitcil  Stiites.  In  inii'snance  of  this  inforniiit  ion  I  luive  sent  my  sjiecial  messeii;;er  To 
ilioi^overiior-^ioncral  of  Cauiida  iind  to  t  he,  commanding  ;;'eneral  ol'  the  troops  in  Ciimida, 
wiidse  mime  I  hclieve  is  L'oy.)  reiiui'stine-  them  to  desi,i>niite  the  ))laces  wheic  depots 
iiiuy  h(' estahlished  for  the  recei)tion  of  persons  who  may  tie  procured  in  the  United 
■"lutes.''  I  informed  Mr.  Criimpton  that  I  had  incurred  expenses  already  hy  eomiiiy; 
".vice  to  Washiiijuton,  and  that  1  would  havis  to  wiiste  more  time  until  the  messen;;-er 
idiuiicd,  iind  that  I  would  h.'ivi^  to  ne^jleet  my  liusiuess;  I  therefore  re(|ncste'l  him  to 
1  iiiiiil  to  nie  the  expenses  alrcitily  incurred  hy  lue.  Mr.  Criimpton  ri^plied,  •'  1  hiive  iit 
tiii'si'iit  no  money  iit  my  disposiil,  and'  have  no  iinthority  to  eive  you  iiny,  hut  I  iiiii 
vrtain  you  will  he  naiil  not  only  for  your  services,  hut  tiiat  your  expenses  will  he  re- 
iiiiil  to  you."     I  aski'd  Mr.  ('r:imptou  what  wiis  to  he  done  .'  llow  is  this  niiitter  to  he 

coiiductiMl  '  He  Siiid,  "  As  tar  iis  1  know  thc^re  i.s  ii  law  in  the  Cnited  ."stiites  for- 
litll]  iii(|iii<r   th(!   enlistiu^f   of 'soldiers  within  the  tiM'ritory  of  the  Cnited  Stiites  ;  it 

is,  however,  not  ditticiilt   to  evade  this  law,  hecause,  who  can  prevent  you  from 
^•mliiij;;  lahorers  to  Canadii.    Hut  we  must  tiiko  care  to  do  tliis  in  sucli  a  wiiy  that  it 
-Iwil  not  iipi»eiir  in  deliiinie  of  the  (Jovernment. 
My  idea  is,  further,  that  if  you  have  tweuty-livi'  or  thirty  men  toy;etlier,  that  either 


i'liiirself 


or  Honn^  conlidentiiil  person  slionhl  take  them  direct  hy  riiilroad  to  Moiitrciil, 


Mmv,  I  think,  ii  depot  iiuiy  he  erected."  Itheii  iisked  him,  "  When  do  yon  think  this 
matter  will  (•ommciu't!  ?"  Mr.  Cranii»ton  said,  "  I  cannot  siiy  pieci.sely  yet,  heciiiise  my 
iiicsscii»er  will  perhaps  he  jirevcntcd  from  letiirnin;;'  to  \\'ashiii;;ton  very  soon,  as  the 
i"iiils  iire  ohstructed  hy  ice  iiiid  snow.  It  is  )iossihle  that  he  will  call  on  you  at 
I'liiliiik'lphiii,  on  his  return  from  Ciiuiida,  and  will  .Lcive  yon  the  neccssarv  inforimiHon. 
Ill  till'  lueiiiitime  you  may  eall  uiionour  consul,  .Mi'.  Miifthews,  in  riiiladelpliia,  iind  he, 


Mr.  .\[ 


wi 


11  prohahly  he  ahlu  to  ;j;ive  you  the  necessary  iustruelious."     The  conversa- 


""11  with  re};iird  to  the  itrocurin;^  uu'ii  wiis  linished,  hut  I  revcileil  ii^jiiin  to  the  hiw 
^^  bearing  upon  the  suhjeet.  I  asked  him,  "  How  am  I  hacked  in  case  a  eluu'fje  is 
i*"]  iiiiide  ii^jiiinst  me  f  I  hiive  a  wife  iiud  children."  *  *.Mr.  Cnimpton  replied,  "  First, 
thiit  tile  law  was  exceeding  lax  ;  and,  secondly,  that  if  iuiy  tiling  should  hiippeii, 
'I"' Hritish  irovernment  would  not  allow  any  one  to  suli'iu-  who  had  heen  en;;a;?eil  in 
•''••;iistiii;,r  them  ill  furnishiug  the  men."    I  replied  that  "  the  jiopular  voice  is  )it;ainst 


ml. 


•111 


litter;''  hut  Mr.  Cramidou  said,  "Nevermind  ahout  this  jiopuliir  voice  ;  if  a  house 
iverpool  fiiils  the  whole  Fiiited  States  treinhles.''  After  Mr.  Cramiitoii  had  {fiveu 
'|'suiliii.s,siiraiices,  ami  liad  used  the  expression  "1  give  you  my  word  ii.s  a  gentleiiiau 
'■It  nothing  uiiphiasuut  .shall  Iiai»)ioii  to  you,"  I  then  luade  up  my  uiiud  to  act  for  the 
iitish  govenaueut.    Before  I  left,   Mr.  Crampton  assured  uie  that  be  would  soiul  a 


■ 


<i20 


TUKATY    OF    WASIIINiJION I'AI'KRS    ACCOMl'AN V1N<; 


u. 


f. 

■}, 

(• 

■*', 

;■, 

iJ: 

U' 

}..■ 

if 

i^f 

U    If 


N  > 


ft-       ',- 


1.^ 


'1       i 


^1      ^ 


iiiitn  to  in\  liiiiiso.  ill  I'liiliKlclpliia,  who  would  inakr  hiicIi  airaii^riiii-iitH  wiili  inf  n, 
would  I'liald)'  iiif  to  piiiciin-  iiicii,  and  rtciid  tliiMii  to  tiuir  di-stiiiation.  i  tlit-ii  rctiniiKl 
to  l'liilad«-l|iliia,  and  waited  ti-ii  da.VN,  without  hiariii;;  aiiythiiiL;  of  ilii;  iiiattii.  | 
lallcd  tiit-ii  on  Mr.  MattlunvH,  tlii'  liritiNli  consul    in  tiiis  fity.     Mr.  Maith<-wH  niilviil 

iiM-  very  {(iditfly,  and  inl'ornicil  inc  that  ho  was  just  nadiii;;  a  lotti  r  trom  Mi 
[171]  C'rainpton,  in  which  my  iinnic  is  mentioned,     lie  t'liithi  r  said,  "  We  (speajiin;;  'ni 

his  ^iovcrnineiil )  arc  very  anxious  to  iirociire  incn  ;  Imt,  alas,  we  'lave  not  lecijvnl 
any  iiiHtriictioiis  trr)iii  Canada  as  to  where  the  depots  art;  to  he  erected  ;  howe\er,  wi 
expect  every  ilay  and  every  hoiii'  the  let  urn  of  tiie  incHsen^jer."  Alionl  tiiree,  foiir.dr 
hveday>  alter  that  I  visited  Mr.  Mattliews  a^aiii.  lie  tiieii  said  to  me,  ■■  I  woidd  advJM' 
yon  to  pidown  to  \Va>iiin^ton  a<;ain,  for."  said  he,  "although  I  <lo  not  know  of  any  of 
tilt-  itartieiilars  of  tile  case,  yet  I  have  iiodonht  .Mr.  ('i'ani]itoii  does  :ind  can  K'^'' .von  nil 
the  information  necessary."  'I'his  was  alioiit  the  l.')th  of  I'eliriiary.  1  wint  to  WashiiiK- 
ton  a<;aiii  .-indsaw  Mr.  Cramploii,  thoii^rji  he  was  indisposed.  All  that  1  could  learn  finiii 
liiiii  was  that  in  a  wetdi  or  two  he  would  send  a  man  to  m.\  house  in  I'hiladi  Iphia.  'i|ii> 
man,  he  said,  lie  expected  would  he  sent  trom  the  piverniiieiil  in  Canada  to  my  lionsi. 
with  inslriictioiis  and  means  for  thi^  lecriiitiiiK  of  men  in  tli\j<  country.  In  this  1.1,1 
versation  Mr.  Crampton  also  stated  to  1110  that  if  I  shoiilil  '^li  into  .any  difhi'iilt\  ] 
should  employ  emineiil  coiinsid.     I  it;  also  said  that,  so  tar  as  In;  could  ascertain.  tlie(iiiv 

eriimeiit  of  tlit;  rniteil  States  would  not  interfere  in  the  .Iter.  I  must  dislinctlt 
[47*J]  *aver  that,  in  particular  this  last  Htatement  ami  repn-s  '  it.ilion  lui  tin;  |iart  of  .Mi 

Crampton  ^ave  mt^such  full  assurance  that  1  ilitl  not  for  one  iiKiineiit  think  it  jinssi 
hit;  that  I  ctuild  he  char<;i-d  with  a  misdemeanor  or  crime.  I  thought  tli.it  the  matter  luul 
heeii  jtrivately  arran^'il  hetweeii  the  rnited  States  and  tlio  ICii^lish  ;rov«;rniiient  :  .Mr. 
Craiii|itoii  eiitleavored  to  and  tlitl  loave  that  im|U'essioii  011  my  mind.  1  was  led  mi  i,, 
helievt;  tVoni  what  Mr.  Crampton  said  to  mo.  I  retiirneil  to  l'hilailel|>hia.  ami  in  alioiit 
a  wfck  afterward,  mi  iitiirniiiff  home  from  my  otiice  one  tl.iy.  my  wile  hainled  im  n 
slip  of  paper  on  which  was  writtt;n  ".Joseph  Howe,  .Jones's  Motel,  ]<arlor  \o.  1."  Shi 
stated  that  the  ^Mitleman,  wlio.se  name  was  on  tin;  jiaper,  ealleil  and  spent  with  Im 
two  hours  waitiii<;  for  me.  After  ilinner,  on  the  same  tlay,  I  calh'<l  on  .Mr.  Howe  at  lih 
hot)  1  ami  .saw  him.  He  asketl  niy  name,  which  I  f;ave  him.  He  said  he  was  cxtreimiy 
glatl  to  see  me,  as  his  time  for  staying  in  I'liiladelidiia  was  very  limiteil ;  that  he  Iml 
to  go  to  New  York  and  ISosttui,  where  his  agent.s  uxpectetl  ti>  see  him  in  a  fesv  day.s.    I 

a,skeil  him  what  authority  lit;  liatl  for  engaging  me  to  enlist  iiieii  for  the  fiiitii.'ii 
[47:i]  legion  ?     "He  answered,  "  I  am  aiithorizetl  hy  the  governor.  .Sir  <ias|>ai'tl  I.e  .Mm 

chant,  of  Novii  .Scotia,  who.  in  accordance  with  iiistriiclioiis  from  the  Hiij,'li>li 
government,  is  the  only  man  who  had  control  of  the  enlisting  service  for  the  fiirti;'!i 
legion,  ami  the  especial  control  over  the  ilepot  in  Halifax,  estuldishctl  for  the  men  pi"- 
ciireil  in  the  IJnitctI  States.  I  told  him  this  is  all  very  well,  hut  I  have  not  the  iilt;i>- 
lire  of  knowing  the  governor,  lit;  answeretl  me,  "  ^lr.  (/rami»ton  has  given  me  vmi! 
direetiiui.  ami  recommended  ytui  as  a  man  in  whom  I  can  place  full  coniideiice."  1  an- 
swered him  "  that  I  would  helieve  anything,  hut  I  Hhoiild  likt;  to  see  sonio  docninriii- 
from  Mr.  Crampton."  He  saitl,  "  1  am  sorry  tli.1t  I  cannot  show  you  su(;h  at  imsiiit. 
as  the  tuily  tloeuiiifMit  1  have  receivcil  from  Mr.  Crampton  was  an  introduction  to  .Mr. 
Matthews,  and  that  letter  [  have  already  delivcretl."  I  .said  I  woiihl  he  .satislied  if  Mi. 
Matthews  woiiltl  corrtdtoratt;  his  statement,  and  then  I  woultl  he  w  illiiig  to  act  on  lii> 
propt*sition.     He  asked   me  to  .see  him  again   the   next  moniiiig  at '.» t/clock.     1  1  alliil 

at  1>  o'clock  the  next  day  ami  met  there  Caj)taiii  Kumherg.  Lieutenant  Van  K.ssdi. 
[474]  ami  another  *gentleman  hy  the  name  of  I^ink,  a  frieiiil  of  Mr.  \aii  Ivsscii.    Mr. 

Howe  introduced  me  to  tlio.se  gentlemen,  who  I  knew  hefore,  hut  had  never iniy 
conversation  with  Iheiii  ahoiit  the  recruiting  hnsiness.  He,  Mr.  Howe,  said,  '•(ieiitli- 
men,  I  suppose  you  know  Mr.  Hertz  ;  he  is  the  only  conliileiitial  agent  for  the  State iii 
IVnnsylvania  to  get  men  tor  the  foreign  legion.''  I  saitl  to  him,  '  1  have  not  got  ;<otai 
yet,  and  stand  upon  my  demand  of  yesterday,"  referring  to  his  statements  heiiijjnn 
rohoratetl.  Hei>aid,  "thatisall  right;  thatgontlcman,"  meaning  Mr.  .Matthews,  "kndw- 
you  already." 

This  interview  was  on  the  lIUli  March.  He  said,"!  am  glad  to  hear  that  Mi 
Matthews  has  made  all  iiuiiiiry  ahont  your  character,  and  feils  fully  satislied."  Mi. 
Howe  then  said  to  Mr.  liiiniherg,  "that  lie  woultl  get  a  colonelship,  and  Van  l-^stiia 
captaincy,  and  told  me  hy  all  means  to  send  oft"  those  men  (Mr.  I.'iimherg  and  Viiii 
Es.sen)  with  the  first  lumsjiort,  in  that  capacity."  I  answered,  "that  if  I  was  satisiiiil 
I  would  do  so."     He  howed  to  tfiesc  gentlemen,  and  heggt;tl  to  h<;  excusetl,  as  he  wislml 

particularly  to  speak  with  me  alone.  They  went  away.  Mr.  Howe  then  saiil 
[475]  "I  have  heard  from  Mr.  Crampton,  that  you  *art;  u  man  of  limitetl  means:  iiiul 

as  means  are  iicecssary,  he  coultl  furnish  nie  with  any  amount."  I  toltl  Liinl 
wanted  £2.")0  to  £;{0(»  to  start  with.  H«  answered,  "  That  isoiily  atrille.  Yon  iieeil  nut 
he  ecoiiomieal,  as  nitmey  was  no  ohject-  at  all.  1  cannot  give  ytni  more  than  !*:WM'  '•''■ 
pre.sent,  as  I  have  drafts  on  tlitl'erent  places,  which  I  will  put  in  the  hands  of  one  imi'l; 
and  this  man  woultl  get  authority  from  me  to  furnish  you  with  the  nutans  yon  waiit. 
"That  it  would  he  necessary  to  get  lueu  as  quick  as  iJossible,  and  lor  this  pui'itow  1 


COI'NTKU    CASK    OF    TIFK    IMTKI)    STATKS. 


fi-.M 


•lltH  With  IIK'  ll'* 

I  tlifii  H't III  111(1 
r  i)ui  niiiltii.  I 
iiUii'Ws  riTcivcil 
I  loiter  tioni  Ml. 
Vc  (siiciiUiii;;  "ill 

|;IV«'  not  Ii'CfUi'il 

•d ;  liiiwi'vcr,  W( 
ml  tlii<'<',  I'oiir.m 

>•  1  would  iulviM' 
t  know  of  liny  ni 
1  ran  ui^<'  >•>'!  nil 
,Vfiit  toWasliiiiit- 

coiilil  liiini  IViiiii 
hiliiili  Ipliiii'  ll>i> 
ladii  to  iiiv  lioiisr. 
try.  Ill  tills  i, I, I 
i>  iiny  ililliiiil'v  1 
isfcrtain.  tliitiov 
,  I  must  (lisliii(tl\ 
oil  tho  i>art  ot  Ml 
lent  think  it  imssi 
lat  thi'iiiatttr  liiul 

^ovcMiiini'iit  ;  Ml 
,  "  1  was  It'll  Ml  I" 
pliia.  anil  in  i»''"i" 
wile  liainlnl  iin  ;! 
.arlor  No.  I"  >^1" 
ml  sjH'iit  witli  liii 
in  Mr.  llowf  at  In- 

I  III-  was  fxtrfiiiiiy 
iiitctl;   that  liilial 

II  in  11  »'«^w  (lav.s.  1 
men  for  tlif  t'">fi;:ii 
iirdaHp:""!!'''  ^l'" 
Is  IVoiii  till-  Kii«li>!i 

,vv  lor  till-  f'Mvii:'! 
Ul  for  thr  iiii'ii  I'l"- 
havi-  not  the  l>li'ii"- 
has  jfjvoii   iiic  V'ti' 
iDnliili'iitc."    1  nil 
.,■  some  (locnimiit- 
III  such  at  lU'csHit. 
introiliK'tioii  to  Mi 
|,1  1..-  satislicil  if  Ml. 
iUiii;,'  to  act  (in  lii- 
'.»  o'.loi'k.     1  <iill''l 
■iitcnunt  Vanl>«" 
ilr.  Van  Essiii.    Mr. 
I.  hut  hail  iifvir iiny 
,.iw.-.s:»iil, '•»;'•""'■ 
M'lit  for  thi'  Stall' lii 
Thavc  not  jiot  Mibi 
alcini-ntsh.'in^ioi- 
■.>hitthcws,  "kiiii"- 


I  w  as  to  ii'ct'ivt'  .^J 
and  have  never  re- 
■^'■lated  in  ihis  coii- 
.Mr.  ( 'i'aiii)itiin  had 
I'lssi'ii,  and  myself, 
that  h'liiiilier;;  and 


iliiiik  it  woiihl  he  liest  to  insert  Nome  advertiHeinents  in  the  (lerinan  papers,  and  in  tin- 
Kii;;lisli  papers  thai  are  most  rend   hy  the  Irish    population,  who    are    Her    Jhilish 
Miiji'sty's  Kiilijei  ts,"     I  asked  him  what  he  meant  to  insert  or  advert  Im-— if  lie  thinij;)il 
it  [iioper  tiiat  1  should  eall  for  volunteers  ;  he  said,  "That  will  not  do,  hut  1  will  write 
yciii  an  advertiseiiieiil    wliieh  you  may   insert   iiniiiediately.  wiiliniil   any    risk."     He 
wrote  this  paper  (hereto  aiine.\ed  marked  (!,  ('.   F.  II.     i'his    paper  is  the  iiii;;iiial 
liioclaination,  i»iildi>,lied,  <mi/«',  on  jiajie  :!'J(!)  in  my  iireseiiie,  and  delivered  it   into  m\ 
lianilH.     lie  also  wrote  a  eontiaet  for  me  to  sinn,  in  wliieli   I  aekiiowled;ieil  my-' 
[I7ti]  Mi'lf  t(»  he  a  lel'i'iie  for  the  <;overnor  'of  Nova  Senlia,  ami  was  williii;;   to  serid 
ini'ii.     1  was  1(1  receive  .'^M  for  each  man  sent  to  Halifax,  and  extra  for  each  man 
tiiiit  was  coin)iet('nt  to  he  an  ollieer — jC  I  extiji      And  for  sei'neants 
I'Xtia.     I  did  not  know  at  the  time  that  tiiis  conlraet  was  ilh'<;al 
(civiid  anytliine;  for  any  seiviecH  I  rendered  .Mr.  ijtiwe.     Mr.  Howe 
viisiilioii,  in  the  piesinee  <il   Kiimher;,'.  Van  KsNen,  and   Link,  that 
^ivl'll  him  the  diieetidii  of  each  of  lis,  referriii;.;'  to  Kumlicr^,  \  an 
i^tlieonly  persons  with  whom  lit^  was  to  conier  m  this  city,  and 
\iiiiKHHeii  have  heen  hi^jlily  recomnicnded  to  Mr.  Cramplon  l>y  some  Fiemh  einhas- 
-iiilor.     Jh'  tlieii  W(  nt  to   his  writiii;;-de.sk,  took  out   ijllnii,  and  was  liandiii;^  them  to 
III)',    I  told  him,  "  I  do  not  take  any  money  from  .\oii."     I  had  so  told  him  oner'  liefore, 
M-.  I  actually   wanted   the   money  thronj^h  the  hands  of  .Mr.  .Mattln'Us.     I  was  at  lliis 
iiiiii)  still  doiihtfiil   whether   1  sliotild   emhark  in   this  enterprise,  as  all    I   have   heen 
'tilting  now  was  mere  conversation;  and   I  had  not  done  aiiylhiii<{at  all   that  could 
mak(«  me  liahle  in  any  shape  or  foiin.     I  desired  to  lest  the  i|iie.stion  whether  I 
ilTT]  should  act   or  not,  lliink'in^i  that  .Mr.  Matthews  would  not  jday  any  pari  in  this 
affair,  if  it  would  he  iif;ainst   the  law  of  the  coiinti\,  and  1   therefore  asked   that 
,10  lirst   step  lie   taken  hy    him.     Mr.  Howe   then  said,  "  If  I    would  prefer  that   Mr. 
.Muttlu.'W.s  Hlioiild  tiive  yon  the  money,  it  should  hi;  done  so."     I   answered,  that   his 
ijiijiin  so  was  a  jireat  ohjeet  to  me,  as  he,  Mr.  Howe,  was  only  a  transient   visitor,  and 
(diild  leave  the  St.itcs  iiny   time  lu'  was  disposed,  hut  Mr.  Matthews,  as  a  I>i'iti>h   fiiiic- 
tiiinary  in  this  city,  would  feel  himself  hound  to  cover  me  if  anything;  should  happen, 
111' any  charjtc  should   lie  made.     He  said,  "I  am   very  f;lad  to  hear  that   yon  are  so 
•  luitioiis,  and  1  will  meet  your  wishes  ;  pleasttcall  to-morrow  inorninij;  hei'e,  at  !•  o'clock, 
;iml  if  1  have  not   left   the  city,  I  will  take  yon  to  the  room  of  Mr.  .Matthews,  in  the 
,ii!i  I  hotel,  and  he  will  jjive.  yon  the  money;  lint  if  I  have  hit,  u;o  to  .Mr.  Matthews,  in 
liisolli(;e.  and  {^et  the  money  there,  if  he  has  not  hefore  sent  it  to  ymir  house.    I  asked 
liiiii  why  he  staiil   at  Jones's  Hotel ;  hu  said,  as  tlio   Hritish  consul   stopped  there,  he 
.'1  so;  we  shook   hands  and  1  went  away.     In  the  course  of  this  conversation 
Howe  rcmaiked  "there  is  no  necessity  to  he  afraid  of  I'liylhin^j;  the  laws  of 
'"      land  hi"e  ,ire  hut  iioorlv  enforced,  "and  ,t  100  mi<;iit  pnicliase  all  the  laws  of 

"  land." 

i)n  the  morniii;j  of  the  14th  of  March   I  wont  to  .Jones's  Hotcd  ;  Mr.  Howe  had  left, 

■  'It  .Mr.  Hicks,  the  hook-keeiier  of  .Jones's  Hotel,  handed  nie  an  enveloiie  without  an 

:iii  lii.siire ;  on    Ihe  lly  or   fold  of  the  envelojie  were  written  these  words:  '■  (Jo  to  Mr. 

Miltliews;  it  is  all  rij^lit."'     I  went  to  ilr.  Matthews's  oflice  and  saw  him  there;  he  told 

iiir"  li(>  had  just  si'iit  his  clerk  nji  to  my  residence,  I'i4  North  Twelfth  street,  with.'S'.UMi, 

/vliicli  Mr.  Howe  had  reqiicstcd  himtoKive  me,  and  if  I  would  stay  there,  or  come  hack 

ijjiiiii  in  a  <(iiarti>i'  of  an  hour,  his  clerk  would  he  hack,  as  he  wished  to  have  me  };ive  a 

rcceiiit   for  the  money."     1  remained  and  conversed  ahoiit  the  hest  plan  to  hej.iin  the 

matter;  Mr.  Matthews  ohserved  "  that  he  would  he  <;lad  to  assist  me  in  anything,  hut 

It  miiit  he  a  secret,  as  his  oHicial  standin<;  would  .lot  permit  him  openly  to  have  aiiy- 

iliiiif?  to  do  in  the   matter."     The  clerk  returned,  when  the  conversation  ceased  at  a 

'ifjiial  j;iveii  to  me  hy  Mr.  Mattln^ws.     The  clerk  handed  the  i>aeket  to  Mr.  Matthews, 

and  Mr.  Matthews  counted  tome  .SlUlO,  and  I  took  the  jiaper  (marked  I>  C.  F. 

'4*9]  II.)  in  which  the  money  had  hinni  inelosod  to  me.     "The  followini;;  is  a  copy  of 

this  paper  in  liandwritinj;'of  Mr.  Matthews: 

'•Mr.  Howe  reiiuusts  the  $'M)l)  sent  may  he  {{iveii  to  Mi\  llert/,  on  his  receipt  in  .Mr. 

Howe's  name." 

He  handed  mo  a  slip  of  paper,  and  asked  me.  •' to  j(ivo  him  a  receipt ;"  he  said,  "Ih- 
"ireful  to  jiiit  Mr.  Howe's  iiaini!  in  it.'"     I  wrote  the  receipt  in  these  words : 

"KocL'ivcd,  lMiilaileli»hia,  14th  March,lHr>r>,of  Mr.  B.  Matthews,  three  hundred  dolhirs, 
liiLicconnt  of  the  Hon.  Mr.  Howe." 

Mr.  Miitthews  stated  further  that  "  if  you  want  anythinjj  for  vessels,  or  moans  for 
'"iiveyaiice,  yon  must  fjo  to  Mr.  Henry  Wiiisor,  on  the  wharf  iit>ar  I^ine  street,  and  he 
will  furnish  you  with  anythiiij^  in  his  line;  tluit  lie  (Mr.  Wiusor)  had  Jiioney.s  in  liis 
liiinds,  or  under  his  ciontrol,  heloiifjinjj  to  Air.  Howe." 

I  took  an  cfUce  on  the  14th  of  March,  and  went  to  the  Ponn.sylvanian   and  Ledger 

iiml  inserted  the   advertisement  written  hy  Mr.  Howe.     The  Ledger  notice  was  an 

ilistract,  the  I^'unsylvanian  iuserted  it  at  length.     Mr.  Kuinherg  attended  to  the  a<l- 

vertiseuiouts  in  the  Democrat  Free  Prests.     On  the  Kith  of  March  the  husiness 

i4i*0J  coniineuced,  plenty  of  men  came,  and  the  "first  day  I  had  so  uiauy  that  I  could 


Ml. 

the 
the 


fl.**.; 


/i*-!* 


"'■Mii 


:Vi 


(;22 


rUKATY    OF    \VASni\(iTi)N I'AI'EHS    ACCOMl'ANVlNi; 


•make  a  (i-iiiis|M)i(.  i  vvcnl  dnwii  to  All'.  Wiiisor  jiiid  fold  liim  I  «antf(l  ;i  ,1,1. 
\fyaiic(^  tor  aiiotil  oiic  liiiiKlrcd  to  one  hiiiidrcil  and  forty  ])('o|)li  to  Halifax:  he  said, 
tiicif  is  no  i>o.ssil)ilif y  to  ;rct  it  from  licrr  dirccl  '0  lialilax.  Imt  means  arc  imnni,,; 
to  send  tiii'm  fi'oin  licic  with  liis  stcamtTs  to  lioston.  and  tln'ii'  the  ifji;idar  piwlut'- 
would  ti  kc  tlii-m  to  I  lalifax :  hnl,  at  all  events,  it  would  not  Ite  )>os.silde  to  send  su-ji  .; 
iiunilier  lielore  Saturday,  the  *JUh,  as  the  Hieamer  would  not  -^o  belorc'.  I  was  ]>lai-.., 
in  an  nni)leasant  posilinn.  as  those  men  were  very  poor,  and  were  anxiou^^  to  star:.  I 
was,  tiii'refore.  neeessilated  to  jjive  theiii  a  little  money  ti)  live.  1  lielieve  it  wa^  tli. 
Kith  or  I7th,  in  the  al'lernoon.  ahont  nine  or  ten  persrvns.  eallin;;'  thenisehes  Kii^h^i, 
siilijee-.s,  came  to  my  ollii'e  :  they  iold  nil-  they  had  Just  come  from  the  Uritish  cen^  1!. 
who  had  sent  them  to  mv  oil  ice  to  <rct  li<-kets,  which  were  left  there  the  same  (lav.  ill  li'. 


moi'imii 


'1'.  L.  liucknell.      1    told    them    i  woilhl    irive    thnn    lirkels    if  thev 


\M';iiii 


»riii;^  me  a  written  n 


i or  from   Mr.   Matthews,  as  1   had  mv  iiistriiiiii)iis  to  1 


ise   tlliiv 


tickets  with  discretion.     Tiicv  went  awav 


n  alMiii!  hali'  an  hour  afier  a  mcssaj 


sent  from  Mr.  Winsor  wisiiiiitf  tosec  !■>(•.     {went  down;  he  iireseuled  me  a  Icttir 


i  t'-^ll   "addressed  to  him.  from  Mr.  Matthews,  i/i  whirh  lii'desired  that  .»li'.  W'insorsI 


lelllil 


<i;et  tickets  fr.im  me.  and  furnish  tlii'  peojilc  who  had  called  ii|);iii  ute  iis  Knjilisl, 
tiiihjects  with  free  iiassa^^e  by  the  sciiooiier  lieuita.  of  Iliilifax.  t'aplain  <  'oliiii,  tli  -n  hiv- 
in<j  .it  I'ine  street  wiiarf,  and  ])a>'  theca|itaiu  sl'i  for  cicli  ticket  retiintcd  l»y  tl  e  rii|>. 
tain  to  .Mr.  W'insoi.  I  •^-.ivr  .Mr.  W'insoi' ci;;ht  tickets,  and  he  ^ave  me  the  recei|»t  licn-ri' 
annexed.  (niark<'il  V.  ('.  1".  II.  Tl-s  rccci|il  will  lie  toiiml,  ante,  ]>a!.';<-  tKi.)  ami  I  niw 
the  caiitain  "i ve  to  .Mr.  W'iusiu'  a  receipt  for  A'M't.  as  the  captain  had  returned  the  i-i^|.i 
ii'.ki'ts  he  had  rcceivi   .  from  W'in.sor  ti>  him.  and    l)ounil   himself  to  didisei  up  tl 


men  Ml 


II 


ililax,  ai 


id   iiirther  to  return   to  Mr.  ^^"insorsi■j  for  each  man  lie  shoalil  nm 


dcli\(  r  up  at  llalil'.ix.     'I'l 
rlicm  that  evenin;:.     'I'iie  ; 


le  captain  tool 


th 


'ii;lit  men  in  his  schooner,  and  sailed 


u;ll 


ame  (lav  I  wrote  a  Iclicr  to  .Mr.  Ilowc  askiiM;  tWi-  funds.    Mr. 


Howi 


dii 


■clio'i  was;;;i\cn  me  hy  .Mr.  .Matt' 


lews. 


The  foll:>w  iiie;  morninir  I  irot  a  l< 


Ui'apliic  dispatch  (Iirc<'rni;;  me  to  call  on  Mr.  Winsor  and  ;^ct  IVuids.  1  went  to  Mr 
Winsoraud  toid  hiii'  I  wi.-hcd  .s<.'lHI:  Ii(>  told  me  that  he  had   an  ordei  to  pa>  me  .*lt«' 

only:  I  hat  Mr.  Howe  would  he  here  pcrhajis  that  day  or  t  hi' day  alter,  and  he  wmilil 
I  -I.-".*]   'I'liniish  me  w  itli  more.     At  the  .same  time  Mr.  Wiiisor  told  me  that  the  ste;»i»rr 

({laiiitc  .Slate  did  not  lieloii/jj  to  him  iiiiy  more;  that  h(>  had  sold  her  to  aiiotlur 
tirm,  and  lit   did  not  think  tlie  linn  would  jiay  a  charter  lor  takiu-^  passcnj^ers ;  th.i! 

IS  he  could  not  procure  iiiiy 


e  did  not  know,  therefore,  how  he  would  act  to-morr< 


other  vcssid.     I   Icleeraphed  directly  to  .Mr.  I'lickiiell  askin;r  him  what  I  should  i!' 


f;et  coiivey.'iiice  i<u-  my 


•ave  p 


I  di< 


not    e-ct  any  ;inswt  1. 


Tl 


it   reason  win 


te!eM;raphctl  tt)  Mr.  riiickuell  •v\astliat  he  was  the  only  man  to  assist  the  :(L:ci<ts  in 


tu'j;   awav  men. 


rinckiicll   told   me  he  was  llic   oiilv  man   that  was  ani  hori.ted  hv  Mi 


I! 


owe  to  assist    the  ai.':ents   in   semliiiir 


th 


men   It)  llalii'as  .  as  .Mr.  Howe  himself 


very  much  occupied,  and  Ira ''liny;  from  one  pljice  to  aiiolher, 


A>',\\       *To  yet  the  people  awa.\ ,  1  went  down  to  Saiidl'tu'd's  line,  and  made  an  ai:r'* 


merit  with  iMr.  I'.ldiiiluf  tt 


to  Xcw  \'oik.  if  he 


pa 


y  him  Srl  Cor  ca(di  man  he  wtuiltl  take 


steams 


Id  tlelay  tile  departure  of  his  .steamer  till  .Siimlay.     1  wanttTi 


tt>  have  him  to  send  the  men  liy  the  steamer  SamUord,     .\s  Mr.  Kldritl;j;e  tlid  in>t  kni>» 
nil .  Mr.  \^■ins(M■  went  in  aiitl  tidd  him  that  everytliiiiji;  that  I  did  he  wouiil  he  ris|M>ii- 


silde  for.     On  tlie:iMli,  in  the  mtuiiiim.  ih 


l.eoj 


lie  were  leadv  t 


o  start  :il  •'>  or  tioc 


•l(«k. 


hut  as  I  had  no  money  in  fninish  Mr.  Sirolit  i.  Avlm  had  commaii.  'f  the  party.  I  wn'. 
lip  tt)  Mr,  Mntfhews  at  ,Ioiie?.'s  Hotel,  in  his  room,  at  o  o'clock,  aii.i  odd  him  the  ptni'ii 
Aveic  lliere  by  the  \^h  irf.  hu(  riiptiiin  Strobtd  was  not  willing-  tti  star!  witiiout  m>iii'->. 
ami  the  j»oo!-  iieople  wanted  to  have  money  in  llieir  pockels.  lie  ^;ot  out  of  liis  Ii'tl. 
and  not  .'r'.')ll.  and  hamled  it  to  nie,  sayiiifi  "if  that  is  not  eiioiiuli.  1  w  ill  j.;iM' you  luer' 
I  went  down  to  the  wharf,  and  "rave  S'Jo  tt)  .Mr.  Strohcl,  ami  divitleil  the  balance  anii'ic; 


the  men  wlitt  were  eoiuj. 
<'ii;.^iK''*'  "f  "'.V  ttfiiic  tti  ;io. 


ily  tir  nincf>    pcojile.     Tliese   people 


were 


th. 


t'hcv  Went  otV  to  New  ^'ork.     I  went  the  same  iii: 


I  i>. 
rht.  -i' 


'i.")tli.  to  N>'W  York,  and  went  to  l)eliiioiiict)'s  hottd,  wlieii!  1  tbiiiid  Mr.  Ibickiicll  slet  pin;: 

in  Ml'.  Howe's  room.     1  tohl  .Mr.  M.  that  the  people  either  were  there,  or  would  i'<  '»'• 

niiij;.  ;uiil  asked  how  thev  were  'o  \w  coiivovf'i  to  ntwtoii.     I  ill* 


they  left  this  nmr 
told  liiiii  that  .Mr.  Strobtd  would  be  tlien^  and  i'.'immvi  IiIm  fiirtlie''"onh-r8.  Mr.  JSiukiif'' 
said  tlmt  liti  woiiiil  make  it  nil  rifjlit ;  that  1  should  ^o '.<  Mi;  Harday,  at  his  priviiti 
n"sidenc(>,  ('olle<;i'  I'lace,  ami  lie  (Biiekiiell)  woiilt!  soon  be  (here  to  makefurlhti 
[IS  J]  unaiij;eii;ents.  I  wfiit  away,  iiiid  returned  tt."  Pclmonico'fi  in  about  'iiii  hour  • 
met  there  -Mr.  Strobel,  who  liatl  arrived;  he  tohl  me  tliiit  li»v  wjuited  iiionev  t" 
fei  (1  the  peoide;  that  lie  wasoblifjed  to  tuke  them,  in  four  did'eieiit  parties,  lo  four  .iii- 
terent  boarditiij-liouses  in  (ireeiiw  itdi  Htn?e.t.  Mr.  Ibukel;  c:!iiie  ilowii,  iiiul  \vi;  «.;ir 
up  to  luH  private  room,  where  he  tohl  iiit>  lliat  !i<«  vv..iild  }>o  with  uh  liiiimelf  to  .Mr 
itaitday,  at  hi.s  ollice  in  Itiu'clay  Ktrtfet,  ami  that  1  .shoiild  ^o  with  him.  I  Wfiit  'vith 
liiiii,  and  he  iiiid  Mr.  Itiirclay  went  into  an  iiinta'  voom.  Mr.  ]iiickii«dl  then  eaii'.'OHi. 
;uiil  Iold  me  to  wait  In  bin  privut(^  room  at  Didinoiileo'H,  that  he  would  come  (limti} 
ami  lu'iiiK  tli«  inoiiey.  He  came  and  ^ave  nie  $V){},  whitdi  I  dcliverwl  in  his  jiresfa-'t 
to  Mr.  Htrobel,  lens  ijn.     I  |i',;ive  him  l|H)  at  that  time,  aiitl  had  ^iv«u  |15  l»eV<»re.  tbal 


\^al)f^■ll  a  coji- 
Hiililax  ;  lie  sa'ui. 
ans  art-  jhik  in.-.l 

rc;;iilar  |);»rkit> 
ilt>  to  WMld  sn -li  a 
•<>.  I  was  i>),iir.! 
<i()!W  to  Mtail.  1 
I'lhvf  it  \\a>  til. 
I'liiM'lvcs  F,li;.'i',-.ii 
ic  Itritisli  <iiii--i!. 
csaini-ilay.  in  !!■• 
iM  U'  tlicy  «iiiil<i 
ions  to  iisi>  tliuM 

el    a  11U'S^a;;^    \N  ,i» 

M'liiiil  III!'  a  littrr 
ill'.  W'inv'M-sliDiiiil 


.1  nil'  as 


'•"nuli.- 


1  (.'oHiiijMi  n  !;iy- 

iU'lH'il  l>y  tl  V  I  :i|'- 
the  >iTt'i|it  hcliti 
!■  nil.)  ami  I  Niw 
ctiirni'tl  tlif  i-i;:lit 
(Iclivi-r  ni>  tl\ii>« 
laii  111'  shoalil  nut 
r,  ami  sailril  \x;ii, 
ijj;  ti>r  I'litiils.  Mr 
rniiii;  I  ,i;oi  a  u-  <- 

S.       1    WiMit    'il'    M, 

Ifi  to  j)a\  mr  >!''< 
I'tii,  ami  he  wmili. 
'  tiiat  tlir  NtcaMin. 
)1<1  hrf  to  uiioil,.  r 

liassi-n^fis  •.  tli.i: 
1  not  ]»it>fiirt'  ini\ 
liai  1  slioiild  tl'  i" 
Tl'ic  iva.soii  vliy  ! 

IC  a'^i'i'ts  ill  M  !iii 
aiiiliori.:'-'!  '">  -^1' 
I  low.-  liiiiiH  ltv;i- 

111  iiiadt'  iui  a^To 
kc  ill  his  stfaii.^ . 

iiitlay.     1  waiitn. 
./(■  iliil  not  kiioi* 

WOUltl   111-  Ifl"'!. 

t  :it  .'tor  (ioVltMk., 
thf  iiarty.  I  \vf'i' 
lid  liini  tlif  I""!' 

1     witilOllt    Ili'lhr). 

!   oiil  ot  lii.-'  I"''- 
li  •j,hr  yon  iii'T' 
hi'  l>alaniv  aimw 

.,N.1<-     tl'.0-<-    I    ll.t' 

aiiu"  iii'.'l'il-  •! 
Hiu'km'll-!''!"''- 
i.  or  woiilil  ft  '"1 
o  llostoii.  !  iiK 
•vs.  Ml-.  I5ii(kii«'' 
;»v,  at  lii.s  I'livii" 
.  'toniiikcfiirii'.';^ 
Ii(>iil  'an  lioiir    I 

aiiti'il  numiv  '• 
iltH's.  lo  f.ill!  <ii: 
.rii,  ami  v.i'  ".;■.■ 
s  hininfl!"  to  Mr 
I  XVflit  '■><'■■ 
ll  tlu'U  rail'.' »«'■ 
[1.1  foi'i.'  <lif«it:;- 
ll  ilk  hii*  l>r'*a' ' 

ilb  befote.  that 


COl'NTKR    CASK    or    THK    I'MTEI)    STATKS. 


623 


i.i.niia;.;.  We  \"i'nt  together  to  tlif  Ast(.<  Hoiix',  wlu-ri'  Mr.  Iiiu-kiicll  ti']i'i;ia)ilir(l  to 
Mr.  .Matthc'.vs  to  t>'l  .Mr.  ('iiiiil)i  rlaml.  wlii-li  inc.tas  >r-.  llowr,  not  to  leave  I'liiladi-l- 
[ihia  ^^itlioiit  sffinjt  Mi.  Hertz.  .Mr.  Howe,  ai  'lie  tiiii'  we  were  in  New  York.  Iiaii 
;jiHie  to  \V;;>liiii!j;toii.  ami  Was  j-xpected  to  return  in  a  d.iy  or  two.  I  left  N'tnv  ^drk 
ami  returned  to  I'liiladi  Ipliia  the  sanie  iii^iit.     .M<-.  n.iielay  was  the  ISritish  eoiiMil  at 


N.w 


York. 


On   my  arrival    iVoui   New  '^'ork    I  went   direetly   from   the  depot    ..>  Jones'.s  Hotel, 

as  on   iht^  •itiih  of  Mareh.      Mr.  Howe  t<dd   iiie,   h.    had 


w  iii'le 


l.-!il 


I 


Ml.  Hov\(.     Th 


rm-d  the  same  inornin^-  iVoin  \Vashini;toii.  and  a-    lie  h;id   reeei\-4-d  a  nies.Haiie  iVoiii 
>ir.  Ihiekiiel).  throiiiiii  .Nlr.  .Matthews,  he  iiad  waited  hfielor  the  piirpo<e  of  seeiiiy;  nie, 


be  was  \ii  V  anxious  to  see  nii 


H<-  had.  in  the  mean  liim'.  het 


ore  iiiv  airival.  sen 


;;|>fiir  Mrs.  Iter!/,  to  eoiiK'  down  and  see  liini.  as  hi-  wa.s  iiidispi;<(d,  Inil  she  declined  to 
ll...  so.     He  told   nie   he   had  eonie  from  Washi.  ;rt,,ii.  after  h.ivin<4  a    very  iniportaiil 

iiitei  \  iew  with  .Mr.  Cr,  mptoii,  and  that  Mr.  (.'raniptoii  told  him  thai  as  far  ;is  he 
'4<i]  eoiild  oIi.-.erve,  tlie  (loveriiinent  (d'  the  *l'nited  Siates  had   ln'i^iin  to  feel  a  little 

uneasy  altoiit  this  matter:  in  tliu  mean  time  that  I  should  ;^<i  on  and  care  tor 
Lotliiii:;. as  I  could  lie  «|iiite  sure  I  would  jret  ininiediate  intorinaiion  in  c,i>e  ihr,  I'nited 
'''  ites  (iovenimeiii  slioiild  determine  to  ]iroseciite   the  matt. 1.     1  told   him  th.'>l  .1  was 


ilVaid.  as  I   had   the  words  ol'  such  men  as  .NJ  .  (.'lamiu.Hi  .'I'mI  Mr.  .\i,,:!ii 


that 


•diiiiu  slionld  liapp  •!.  to  me.  He  told  ine  thai  it  was  In  o'liock.  and  he  exp<'ete(^  to 
■  Mr.  Matthews,  as  he  ^.Mr.  Hov.'e)  would  lea\c  in  th''  mii!iii'.:li(  tr.iiii  for  New  York, 
iiild  him  til.''  I  was  MU'|iiised  ll:al  he  liad  not  sent  me  any  money,  as  he  said  1  sliuiild 
•  !  lie  ecoiioiiiieal  with  it.     He  pmniised  to  write  a  note  U>  .Mr.  \\"i'i.>iir.  .-u.d  all  sliniiM 


i.'ide  ;ii;lit    the  next  day,  hiil    the  next    tlay  .Mr.  \\' 


i>>\f[ 


had 


no  OKle'.'N 


Ho«e  tiad  no!  seen  him.     .Mr.  I'owe   told   me  io  word   ni\  <iisp;iiilie>.  eailiiiij;  ti 


1  hands  or  parcels.     Mr.  H,  we  also  said  in  this  last  i oniiection  ! 


hat 


Mild  niak 


■irjie  Mni<iiiiit  of  money  ;  tliat  ail  1  had  to  do  was  to  Idow  a  iritntp.  t  in  the  streel  s  aii<! 
i:  I  .(Uiid  ;i«-t  thonsiinds  for  the  fon  i^jii  le;;ioii;  that  Mr.  I)e  Korponay  was  lii;jhl.\ 
■•iiiiiieiidcd  as  ;i  man  <d"  ;  reat  eoniieriioii    in  tin-  West    and  Te.xas.  and  that  I  .should 


•,iv».r  to 


him  and  furnish   him  with    tin-  iiecessarv  means  toNtart.and  that 


•!!  :is  I  iiad  >ent  him  (Howe)  Word  that   1  lla.l   elii;a>Xcd    Koipona.\   !le  \\(i:ild  s'  lid  Ille 

'lleV. 

Tav  next  moriiiiiji  I  received  ;;  t<lc.!.;iapiiii-  d!>jialc!i  tiom  .Mr.  I'lnk'iell,  asUin;.;  how 

liiat    the  re   \\  .!>. 
ill.l  -o  to  j 


irc  Is  I 


ihl 


d. 


id   that    I    slioiiM    hill  I  \    th'iii   :il< 


Jii'ton 


j'"tlti-r  eoi!iii;iiiy  waMtiu'4  to  join  the  next  cxpi'dition,  .-o  that 

".'ftlier.     I  an-»wered  him  immediately  that  I  supposed  fifl>  to  si\(>  hari  ei-;  would  ;j,n 


l.v  tl 


le  >;«n!o 


id  tl 


oiiie  (7  went  of!  ov  the  S.iiitoi.i  thai  dav  ;   when  1  i  aiiie  to 


•lii'-e  a  iiall  ail  hour  afterw  .-.ril  I  was  arrested.     <»ii  W.-dinsdav.  tin- •j-ili  of' .Nlareli. 


i  was  arrested,   iml  on   ihe  '4[)t\i  I  w  -iit    io  Mr.  Matrln 


.1 


d  .\Ii 


■<-l  Matthew  in  ;i  d.i  p  conversation  with  I >e  Koiponay.  ""Me  lef;  .Mr.  I)e  Korponay 
and   iiivit<-d  me   inio  !lie  ne:vt   room,  .and   there  said   to  iiie.  "  lio  not   he  dowii- 

jit.ll.  We  will  «lo  ev\  rylhiii;;  foi- yon  in  oiir  power:  he  meant  hy  ■' w.-."  Ciaiiipton, 
ii.t«f.uiiil  III  Itself:  he  also  .said  ••  t  hat  I  should  try  to  ;;i\  e  .Mr.  Howe  inlorniatioii  of  what 
■ :' Lappeiie  I.  and  that  J  should   ;;(>  flown  to  Mr.  Winsor  and  '4;et  .'^•Jii'i;    I  weiii  to  .Mr. 

ii^ir:    ii<- told  Ille  he  lia<I   made  all  riirlii  with  >lr.  Matthew >:    I  went    hack   to  Mr. 


'iattllews's. 

•  I«i>  part' 


and  hi'i  Mr.  .Mat  tliew )  handed  the  paper  marked  F.  CI".  H..  which  i-.  no\ 


.I'V.  !ii;r  .*  ord> 


This  )iajier  .Mr.  .Matthews  wrote  in  ni>  pre.'»em-i 


all  at  .(ones's  for  y^2'>^>  hit  with  .Mr.  i^liar 


The    paper  is  in  the 


d.  tl 


IC  proprie- 


iiy  .Mr.  llowc,  at  2  unlock.''     \  went  np  to  .Mr.  Shaiweod.  the  priipii^ior  of  .lones'.' 

ii>',el.  ami  1  reieived  >",'n«>  ol' .Mr.  Hicks. the  liook-keepei.  to  w  liolil  I  -howid  this  ]'aper. 
TLr.'idiiie  day  I  wiiit  do>vii  to  Mo,\  aniciisiiiM;  to  s.-e  .Mr.  ISiidil.  who  had  sent  me  ii  iiies- 
;•-;'■  iliat  he  iiad  no  money.  I  };a\e  him  s.'i.  J  !(dd  I.mih  1  coiihl  not  procure  hail  for 
•  It:. as  the  people  did  not  want  to  i^k  hail  lor  a  native  w  ho  i.s  eii;.,a;^eii  in  a  hiisiiie-.s  of 
^'-iiann  <er.  .M\'  w  ife  aeeoiiipanied  nie  mi  this  oei  a.-»ion  to  the  prison.  I  returned 
■  ''j>c  "vith  h.-r,  ••iiid  theie  found  a  letter  addres.scd  to  me:  afterward  I  w.-nt  out  (o  t;ike 
■•*Alk  with  my  wife,  and  walked  d<  wn  ('he.siniit  street    iml  met  the  piuter  of  .Jones's 


'i>rl— .lidiii  .\lleii,  I  think  his  name  is:  h"   asked  me  if  I  had 


•iv<d   the  letter  he 


•'I  !fft  .'It  my  lioii>e  th;ti  day.  as  the  ItriiiNh  <  on.-^lll  had  jiiveii  strict  oiders  that  the 
'''ivi  should  \<A-  deliveicd  iiN  noon  as  jio>silde.  'I'lie  letter  is  In-rct.i annexed,  marked  (i. 
'  •  !■.  H.,  and  is  the  letter  I  found  at  my  house  on  the  «Heasioii  r.-ferred  to  liy  tin'  por- 
"f     Iliav.  seen  Mr.  .Matthews's  handwritiiif;.     I  know  hisstyh-  of  wiitiiif;,  and  hidiexc 

''letter  marked  <J  to  lie  in  lii.s  handwritiiifr.     The  followin^j  is  a  copy  of  the  letter: 

If  the  hole  name  in  the  warrant  and  indictment  is  that  of  <;lciiroy.  the  imMshal 

.*■']  i«  iiidictuhle  for*fal.sc  arrest  of  the  other  partii'.s.'"     Theeoiinscl.  il'siich  a  man  as 

J.  Tyler,  O'Neall.  or  Lex,  will  paint  this  mean  arrt'nt  in  its  iiiie  cidois:  he  will 

•Jvirofhat  the  parties  interested  were  Holely  aetiiij;  for  llieiii,'*t'lves.  with  no  jiowcrfiil 

^liA  behind   them    to  pay  tines,  from   the  .sole  desire  to  aid  in  a  war  which    Kiirope 

.'^IxtolH'  the  war  of  liheily ;  the  one  u  tiernian,  the  other  u  Mritisher.     If  they  have 

''r«<ltheir  error  is  li;{liJ.     Do  these  pretending  ropiildiean   antlioriiies  wok  to  wreak 

'^i^Micc  ou  ihem  for  hiving;  treedoui  with  k^nfftiuiit  butter  tiiun  Uiis.tiu? 


-A 

'    v|r«    ,| 


024 


TRKATY    OF    WASHINGTON PAPERS    ACCOMPANYING 


i'   ^  I- 


The  connsfl'H  speech  should  be  ean-fiilly  ])iihlishe<l,  and   will  nriifh   before  a  tliini 
lieariii;^,  wliich  slionid  be  ()l)tiiiiieil. 


If,  in  tiiiUi,  the  I<ritie>h  consul  ha<l  no  part  in  it,  tin;  attenipt  to  involve  him  si 


loiiM 


be  exiKiseil. 

It  may  b(^  easily  shown  (Jilroy  is  not  to  be  believed  on  oath.     Is  he  a  paiil  sjty  ;iiii 
traitor  te  entra[>  nnder  false  mimes  ' 

IIon»)rabltMmirshal!     Honorable  United  States  district  attonsey!     Honorahl 
"Captain  Power"  and  "  LicMitemmt  SonnnersI"     What  is  (iilroy's  real  name 


nalUi  born  .'    Not  wheit;  he  says.     What  his  eharaetta' '.     What  his  nnvaitl 


C      llll'll. 


HTf 


Wl 


[488]       Is  the  (ierman  desirinj^  libf-rty,  or  the  Hritisher  dcsirinj;  *to  aid  his  eoimt 


in  a  war,  to  be  held  as  criminal f 

What  has  Unssia  paid  the  dominant  power  (or  this  rio;or  i 

Some  of  the  nn-ii  wlio  shipped  on  the  ni()rnin;f  of  tiie  ai'roat  were  not  tnlceu  hy 
the  marshal,  and  went  on  to  New  Yoik. 

The  bo(d<  marked  H  is  the  book  in  which  the  names  were  entered  in  my  n\'\\v<\  ;<i- 
jjether  with  the  Ihrct!  sheets  of  paper  nmrked  H,  1,  "2,  :».  The  mimes  in  the  hiuk  m 
the  Itook  were  the  applicants  fov  connnissions. 

Th<^  tickets  )irodu<'cd  in  eonrt  -ire  the  tickets  I  <;;ave  to  the  men.  Howe  told  nic  tlmi 
the  N.  S,  K.  (J.  meant  Nova  Scotin  Ki^cruitm^  ("ompany,  but  I  ini!>ht  translate  it  Xov.i 
Scotia  Hailioad  t'ompiiny.  I  had.  them  printeil  myself.  Mr.  Howe  told  nie  to  i)riii! 
them  in  this  way.  The  white  ti'];(>t  with  N.  S.  \{.  and  J.  II.  on  it  are  tickets  which  | 
obtained  fr  ini  ^Ir.  Howe  myself.  The  .1.  H.  are  in  his  own  li;indwritin;j.  I  nseil  only 
eif^ht  of  th.se,  which  were  the  eiffht  I  yave  to  .Mr.  Winsor.  Those  I  nsed  luwl  Mi. 
Howe's  seal  on  in  wax. 

On  Satnrday,  before  Strobcl  left,  I  told  Mr.  Mattlnnvs  at  that  time  that  the  dilleivm 
jXentlenien  who  ixpeeted  to  ^et  a  eonunission  w<  re  auxions  to  know   what   pay  tin'. 


were  to  receive 


He  told  nil?  he  conld  not  exact  Iv  lell  me,  bnt  that  I  should  call  i 


[489]  Doctor  Willi.inis,  and  <j;ive  him  his(Mr.  Matthews's)  compliments, and  he  weiili 

<;ivt^  me  Hart's  Army  List,  which  wonld  .uive  me  the  necessary  infornnition.    lnii 

the  book  from  the  doe  tor,  bnt  conld  lind  nothin<!;  abontthe  matter.    I  fold  Mr.  .Mattlnw 


iKMIIil 


of  the  result,  .and  he  said  I  should  correspond  with  Mr.  llowe  about  it.  or,  if 
see  him  lirsf,  he  wonld  nx'iition  it  to  him.     The  same   nij;ht.  on   my   return  tVoin  NC 
York,  Mr.  Howe  t(dd  me  he  had  ;;dt  all  the  i)articnlars  from  Mr.  Crampton,  so  far  as  i 
kr.ew  it,  and  h.-indcd  me  the  ])aper  nuuked  ,1.  ('.  F.  H. 
The  iiaiicr  refened  to  eimtaius  a  nieuKU'anda,  as  follows  : 


l'insi;jn,  'tA  sterliii!. 


Lieutenant,  (! 


nti 


•Captai 


11 


d 


sterli 

sterliii«f. 


This  jiaper  states  the  pay  of  an  ensi;in  ,  .'»(.  \tl.  per  day  :  lieutenant,  Jiv.  H(f. ;  ;i  caii- 
lain  lb..,  and  •.'>'.  foi-  riitimis,  Mr.  Howe  said  those  prices  reterred  to  the  perdiein  p.iy. 
I  believe  this  )i;iper  to  be  in  Mr.  ('rami)ton's  handwrif  iii^i. 

The  handliill  uuirUed  K.  ('.  )•'.  H.  (this  is  the  handbill  witii  the  (/m-en's  arni.s  on  it. 
already  printed,  ante,  pai^e  'I'^'.U  is  the  1)111  brou<>'ht  u\e  liy  Mr.   Ibicknell,  toj^ether  with 


th 


.hit"   tickets  with  Howe's  seal  on  them.     These  hills  ar(!  the  same  as  tin 


[490]  ))osted  in  my  ollice.  All  these  "bills  were  <lestro\cd  in  the  presence  of  Mr. 
JJueknell  the  next  day,  together  with  the  tickets  he  broii<;ht  me,  except  \\\<- 
cijiht  I  K'l^'c  '"  •^''''  ^^  insor.  He  Inon^tht  me  '.Miil-odd  ticket-i  with  Mr.  Howe's  seai  mi 
When  .Mr.  liiickiiell  was  arrested,  .Mr.  Matthews  si-ni  me  woril  by  a  fiiend  tliar  li' 
wmild  be  mueli  obliged  to  nu^  if  I  would  not  call  on  or  etu'respfunl  with  him  any  nx  " 
in  this  case,  as  he  had  apprehensiims  that  he  was elosely  watched  by  the  I'nilec;  Sr;i 


trticiM> 


Th 


ime  friend  of  Mr.  Matthews  told  nii-  it  w<Mild  be  best  tor  me  to  ^o  ilini 


to  Halifax.  Mi-.  ISueknell  told  iiu' the  same  tliin^f.  Hefore  1  went  to  Halifax,  1  wrote;! 
note  to  Mr.  Matthew.  He  answered  me  that  he  could  not  d<i  nor  would  he  do  anytliiii;. 
t'or  UK' in  this  case,  which  he  had  liefore  directly  stated  to  me,  au<l  that  I  had  iisul 
some  imin'oper  1-emaiksas.jainst  him.  I  answered  him  that  I  wassiiriiriseil  to  hciusiicii 
reimirks  from  him.  as  I  had  only  said  that  the  functionaries  of  the  British  goveriiiii'in 
wr>re  ]ierlidious,  and  I  still  think  so. 
I  left  for  Halifax,  and  had  in  my  possession  a.  letter  to  Mr.  Howe,  stating  what  In 

ouj^ht  to  do  in  my  behalf.  At  New  York  I  went  (o  the  otlice  of  Mr.  IJarclay  aii'l 
[491]  saw  Mr.  Stanley,  "the  vice-c(msul ;  In^  spokt;  witii  me  about  Mr.  Howe,  ami  tolil 

me  that  he  was  sorry  that  sn<di  heedless  men  as  Mr.  Howe  had  brou;;lit  me  .mil 
other  honest  i»eople  in  a  scra|>e,  withoutassistinjij  us;  he  also  told  me  that  Ihicknelhvii- 
goiny  to  Halifax,  ami  that  he,  Mr.  Mnckiudl,  was  in  the  same  position  as  inyNelf,  Mi 
Stanley  told  me  that  .Mr.  Matthews  had  paid  Mr.  Ihicknen'sexpen.s<'s,  including  hi^^V'''' 
fees,  ail  the  expenses  he  had  incurred,  and  expressed  snrjtrise  that  the  same  had  mi' 
been  dime  ior  me  :  Mr.  Stanley  jiai<l  my  expenses  from  Halifax.  I  met,  at  Mr.  Stanley^ 
olTlce,  Mr.  .fe.s.son,  who  went  trom  this  place  with  Strobel  to  Halifax.  He  told  me  ir 
Stanley's  presence  that  lie,  Stndtel,  and  some  other  oHIimih  from  Halifax  had  heeii 


to  the  i'nitedState.s,  and  wereiiowintheUnitedState.s,  and  were  under  the  special  ni 
of  Mr.  {'rumptoii,  and  any  money  or  funds  they  reipiired  wonld  hej^ivon  them  hydilV' 


ntrel 

'lelil 


:Jf^r 


bel\)ro  a  iliir.l 
vo  liini  sliiiiilil 
,  \r.\\i\  spy  ;ifiil 
[oTioralilc   iiii'ii, 

IIJIIIUI  ,'      Wllcfc 

is  rcwanl .' 
ill  liis  ('imiitv\ 

;  not  taluMi   liv 

n   my  oflii'i'.  tn- 
in  till)  l)iH'U  III 

iwc  tolil  nil'  tluit 
•iinslati-  it  Nxv.i 
1)1(1  iiic  to  ]iiiii; 

tifki'ts  wliicli  I 
ifT.     I  used  only 

1  usfd  liail  Ml. 

that  tbo  (lit'h'iviii 
■  wliat  pay  tiu'v 
it  I  should  call  on 
iits,  ami  he  wiiiilil 
ibriuation.  li;i't 
ohlMr.  Mattli.w. 
t.  or,  if  III'  shouM 
rctiirii  iVoiii  Ni"' 
mtoii,  so  lav  aN  IK 


>t.  <i.v.  ^<'.:  :i  '■'!'■ 
the  per  ilicm  ti.iy 

locn's  arms  on  it. 

|i'll,  toj^ctliiT  NVill: 
(he  sauir-  as  tli»<r 
•  prt'soncf  of  Mr. 

lit    \W\  <'XCl-pt    111' 
V.    Howe's  seai  ell 
ly  a  i'licuil  thar  li- 
ith  him  any  w  ' 
Ihc  I'liileii  St;i!'  - 
i(ir  me  to  ^'o  diiir: 
Halifax,  I  wiotni 
|l(l  ho  do  aiiylluni. 
tliat    1   liatl  list'' 
inisi'd  to  lieaismii 
,ritisli  j;o\ eriiiiK'iii 

,,  .statin};  ^^l'i"  '", 
If  Mr.  Harelay  aii' 

Ir.  Howe,  amlt"!' 
j<l  hroufiht  lae  .hhI 
[that  nurUnell  ffii- 
Inn  as  mysill.  Mi 
lineludinKlawyi'i- 

1  tht^  nanu-  lia<l  ii'|' 
let,  at  Mr.Sianli'y- 
He  told  "''■  " 

[iTax  had  1m'«  "  ^'"' 

.•tluiHnecialr.mtrni 

li  thorn  hyditl'M'"' 


COUNTER   CASE    OF    THE    I'NITED    STATES. 


621 


British  oflhials,  and  the  money  \vliichh<\. lesson,  re(|ninMl  tbrenlis(in;iipnrp<>s«'s.hi-hadto 
ohtain  from  Mr. ("ranipton  liini.selt. and  tiiat  lie  would  <;o  tliat  same  ni<4ht  to  Mr. 
jW'J]  (.'ram)>tt!n  tor  that  pnrp(»s<».  Tliiswasiii  tlielirst  )»artof  ,hiin'.  'about  flie7th.h»ng 
aftermy  arifst ;  Mi.  .less  »n  f»aidlu'\\as;it  that  time  ;foiii;ion  in  t  lie  enlistment  hiisi- 
ii(>Hs,  under  the  direction  of  Mr.  C'rampt  on.  and  1  .saw  him  send  lift  ecu  men  on  that  oci-asioii 
til  Boston,  \'ia  stoaiiibimt.  to  ^o  from  tiienct;  to  Halifax.  Mr.  .lesson  told  me  h«- was 
tiii'ii  on  his  way  to  \V;«siiin}j;lon  to  obtain  money  from  Mr.  Crampton  for  that  pnrpo.se; 
that  the  whole  enlistin^r  business  was  now  entirely  under  the  special  supervision  of 
.Mr.  Crampton,  who  iiad  taken  tin- matlei  <nliiely  in  liisown  hards.  Thisroiiv.-rsation 
was  in  the  olHee  of  Mr.  .s^tanley.  who  ]iaid  .Mr.  .lessm  some  money  in  my  pr«-sence  to 
jiiiy  for  lifteeii  tickets  for  the  men  who  well!  to  no  oil'  that  liay. 

1  wont  with  Mr.  .Jcs.son  to  the  steamboat  and  saw  him  pay  the  clerk  of  the  boat  for 
the  passa^;c  of  these  men.  I  saw  the  men  arrive  the  next  day  in  liosion.  They  were 
talii'ii  clnu'<;e  of  by  another  Knulish  ollicer  named  Tliniie.  lie  boarded  them  at  difler- 
cnt  boaidiiit;-hon-es.  and  tohl  me  they  weit-  to<jo  to  Halifax.  I  took  theCunanl 
[\'X\]  steamer  '^  tor  Halifax,  where  larrived  on  tlieOlli.  i  met  .Mr. Carsteiiseii at  Halifax  : 
we  took  a  cab  and  drove  out  to  Melville  Island.  1  saw  in  the  barracks  most  of 
llio  people  I  sent  from  here;  thi-y  were  ei|iiipped  and  wero  beinjj;  drilled.  The  otlicer 
vrtiived  me  with  jiie.if  kindness,  and  Mr.  \'an  Essen  went  \\ith  me  to  the  city.  At 
supiicr  Mr,  V\-tii  Essen  was  called  out  and  diil  not  return.  I  met  Mr.  Howe  on  Ianiiiii>; 
fiKin  the  steamer;  he  <»reeted  iiH-  very  kindly,  but  said  In^  had  no  time  to  see  me.  ami 
>i('lil»'d  on  board  the  steamer  for  Eiii;land  ;  that  wan  the  sanit;  steamer  I  arrived  in. 
riir  next  morniii<;,  the  Inth.  I  went  :i<iain  to  Melville  Islaiul  to  sec  Mr.  \'an  Es.s«-ii.  who 
kill  iiromised  to  introduce  me  to  .^^^ir  (Jaspaul  l-e  Marchaiit.  I  was  receiverl  by  a  man 
iiillini;  himself  Majoi-  Weis,  who  told  me  there  were  strict  orders  not  to  allow  me  to 
(iiiiic  to  the  island  a;^ain.  I  asked  him  to  show  me  the  order,  for  unless  1  .saw  it  I 
wiiiiul  not  leave  the  island  if  ho  wer»'  twenty  times  major.  He  had  no  written  onler, 
uiid  I  went  on  the  island.  He  sent  immediately  to  the  f^ovcriioi' for  iiistiiictions ;  in 
till' mean  tiim;  he  rifdercd  the  peoide  and  otlicers  not  to  speak  with  me.  In  aliont  a 
liiilf  hour  the  order  arrived,  and  In*  iiresented  it  to  me,  I  told  him  it  was  the  order  of 
the  frovcrnor  <d'  the  province  :  that  1  would  like  to  see  the  order  of  the  military 
[W4]  governor,  for  with'ont  it  I  would  not  leave.  He  sent  a;j;ain  to  the  fort,  and  the 
command  in  jj;  En^dish  colonel  of  the  fbrcesctine  hiniHelf,  and  told  me  that  nostranfj- 
•  rs  were  permitted  to  come  on  the  island.     I  left  in  company  with  the  colonel,  in  Lis 

lllllicllC, 

Tile  barracks  at  Melville  Lsland.  where  the  scddicrs  are  kejit,  are  a  paicel  of  wooden 
slii'iis,  scarcely  e(|iial  to  tlio.s<'  in  which  a  <;oo<l  reiinsyhania  farmer  keeps  his  cattle.  I 
tlnii  went  lip  to  Sir  (laspanl  Le  Marihaiit,  introdiiciHl  myself,  and  told  what  1  vishwl. 
In  tile  beirinninif  he  did  not  desir  ■  to  have  any  connection  with  me  at  all,  but  after  I 
liail  )iresented  to  him,  in  stron<r  l.(n<;na^e,  tin-  manner  in  which  I  had  been  treated  in 
l'iiiiiiilel|iliia,  as  well  as  in  Halifax,  he  re])lied  it  was  not  his  fault,  but  >lr.  Howe's. 
ill' also  said  that  .Mr.  Howe  had  nsed  .'<rjii.Ol.MI  in  the  recrnitin;>;  business,  and  inasinnch 
.i> III' had  remlered  no  account  of  it  y«-t,  he  could  not  tell  how  my  acc<mnt  stood;  that 
ill  till'  ineantiiiie  I  should  ^ive  him  a  wi  itten  statement  of  what  I  wished,  and  he  w<inhl 
iiiswcr  me  the  next  day.  I  f;ave  him  the  statement,  and  the  in'xt  day  I  received  the 
li'ttiT  marked  L.  C.  F,  H.     (  This  letter  is  already  imblisluMl,  and  will  be  found,  ante, 

l)aH;e  :W.),  tiafeil  .June  II,  Km.)  I  left  Halifax  the  next  niorninfj.  \t  the  time 
[i%]  he  delivered  the  'letter,  which  was  handed  to  me  by  Mr,  AVilkins,  in  the  jircM-nce 

of  Sir  Gaspaid,  he  t«dtl  me  that  '"when  yon  return  to  New  York,  go  to  Mr.  .Stan- 
!iy,  and  that  he,  .Mr.  Staidey.  will  then  be  able  to  settle  with  yon."  When  I  arriviil  at 
Wiiiilsor,  I  wrote  a  letter  to  tin- {(••vernor,  ."sir  (Jaspaul  Le  Marchant,  in  which  I  rejM-afwl 
nil  that  I  had  saiil  to  him  the  day  before,  and  told  him  tlnit  when  I  came  to  New  Vork, 
il  Ml.  8t!iiil(>y  had  no  or<lers  from  him,  I  would  publicly  call  on  Mr.  Crampton,  Mr. 
Matthews,  tV'c.,  and  make  them  account  for  the  iiidiiccnieiits  held  out  to  me,  ami  ihrongli 
«hi(li  I  was  t)ronKht  into  this  ditlbnlty.  I  arrived  in  New  York  two  days  afterward, 
liiiiii  Windsor,  and  called  on  Mr.  .Stanley;  but,  as  I  had  anticipated,  he  had  no  orders. 
Ml.  Stanley  be;:<;ed  me  to  be  (piiet,  and  not  make  any  noise,  and  assured  me  that  I 
•liiiiiiil  hi;  mtinitieiently  compensateil  for  my  services  for  the  forcij^n  le};ion.  1  went  to 
llnyard's  Hotel,  where  I  remaine«l  some  time.  While  ther(%  an  old  gentleman cauie  in, 
lukiiij;  ine  to  ahainh  n  the  Englisli  side.  I  said,  "  1  can't  do  it." 
Irvtiiriicd  to  I'hiladelphia  abont  the  loth  of  June,  and  waited  until  the  17th  for  a 

letter,  which  Mr.  Stanley  had  promised  to  writi^  I  did  not  receive  it.and,then^ 
[4%]  fore,  wrote  him  a  letter,  in  »vhi<h   I   reiinest«'d  him  to  jiay  for  *  my  serviceu — I 

meant  the  money  the  );overnment  owed  me — and  which  In;  piomised  tu  obtain. 
I  f^cfived  ill  reply  the  letter  marked  M.  C.  F.  H.,  hereunto  annexed.  (This  letter  in 
already  imbliHlieil  and  will  be  found,  arte,  on  pa};e  44,  at  tifp  '.if  page.) 

I'ri'vioiisly  to  my  n<»ing  to  Halifax  «»n  the  2IUI  of  ^'.ay,  I  wrote  i:  letter  to  Mr.  Cranip- 
'»ii.  in  which  I  Htuted  that  I  had  re<eive<*  inforiuation  that  he  (Mr.  Crampton)  ami  bis 
lii'iri'turies,  all  together,  had  i*ai«l  that  I  was  in  '.orrespondence  with  the  Kn.ssian  gov- 
•^fimieut,  for  the  puriKiitv  of  betraying  their  oeerets,  iiud  if  they  did  not  a^Kilogize  for 

40  A 


•fKiit.  i 


** , 


*•  -^ . 


W  r. 


626 


TREATY   OF    WASHINr.TON PAPKR-S   ACCOMPANYING 


making  tliiM  clinrjjo,  T  would  call  upon  liini  and  tii«  Russian  minister  to  makt;  a  stato- 
nuiiit.  To  tliis  letter  I  reeeivetl  llie  letter  hereto  annexed,  niaiked  N.  C.  F.  II.  (Tliis 
Ictt«'r  is  already  inihli^lied  and  will  he  found,  ante,  at  middle  of  page  'XV).) 

All  tliat  I  did  in  procuring  ami  sending  men  to  Halifax,  for  tlio  foreign  legion,  was 
done  by  tlie  advice  an<l  recommendation  of  Mr.  Crampton.AIr.  Howe,  and  Mr.  Mattiicws. 
I  was  emjdoyed  by  Mr.  Howe,  and  acted  as  liis  agent,  witii  tiie  knowledge  and  iiii]ii()- 

baticMi  of  Mr  Cranipton  and  Mr.  Matthews.     Mr.  Mattlu-w  knew  of  l)oth  tlieix 
[497]  pedition.s  I  sent.     He  ap|>roved  and  encouraged  me  in  send'iug  them  away.    ]],■ 

encouraged  mo  Ijy  his  advice  and  counsel,  and  in  giving  mo  money  to  send  tiuin 
awny. 

Thestatemiiit  wliich  I  now  have  made  I  have  ma<le  voluntarily,  without  any  iniliKc 
ment,  other  than  tlie  n-gret  I  feel  in  liaving  violated  the  laws  of  this  eountiy,  and  tlii> 
d«'sir('  wliicli  now  prompts  me  to  niidic  every  reparation  in  my  power,  by  contessingniv 
own  fault,  and  exixtsing  tliese  wlio  have  induced  me  to  enter  into  this  illegal  business. 
I  make  this  statement  in  the  hope  that  it  may  have  its  i)roper  intluence  upon  the  (Jov- 
ernment  of  the  I'nited  States,  in  relation  to  any  futun?  action  in  the  prosecnliuii 
against  me.  I  have,  made  it,  h()wever,  without  any  promise  as  to  such  future  adimi, 
jdacing  myself  entirely  upon  the  cleuiency  of  those  who  have  the  power  to  act  in  tln' 
premises. 

HENRY  HKKTZ. 

In  testimony  of  all  which,  I  hereunto  sub.scril)o  my  name  and  affix  my  seal,  tlii.s  lltli 
day  of  Octobei',  A.  1).  IH'm,  and  in  the  eightieth  year  of  the  lndependcn(U'  of  liii'Siiiil 
L'uited  States. 

[SK.VL.]  CHARLES  F.  HEAZMTT, 

I'nited  UluU'it  CommiMitioiia: 


408j  *M>'.  Cmhiitg,  Attornrj/General,  to  district  attorneys. 

[Circular  addressed  to  district  attorneys  in  ]iriuci])al  ports  of  the  I'nited  States.) 

Attouney-GeneraiAs  ( >ffice, 

December  S,  IS.m, 

Sir:  Iiiforiiiatioii  liaviiifj  boon  rocoivo^l  by  tlio  I'rositlciit  that  pit'iM 
rations  aro  b«'in{»'  iiiado  in  varion.s  ports  of  tlio  Uiiitod  States  to  rt'i'riiit| 
nion  for  tlio  iiiva.sioii  of  tho  Stato  of  Nicaragua,  or  othorwiso  to  tiikr 
part  in  military  operations  thoro,  ho  (1iro(;ts  mo  to  call  your  attoiitiniil 
spooially  to  tho  snbjoot.     IIo  dosiros  yon  to  tako  nu'asnros  to  dotoct  iiiid 
dofout,  so  far  as  it  may  bo  lawfully  dono,  all  snch  ontorprisos,  to  liriiid 
tho  parties  oiiilty  to  pnnishmont,  and  to  detain  any  vessel  littetl  out  in 
curry  on  tho  ninlortaking'. 

You  will  plea.sc  to  j>ive  setisonablo  notieo  if,  in  any  case,  occa.sion  sliiill 
arise  for  the  exorcise  of  the  direct  authority  of  the  rrosident  in  tin  j 
premises. 

1  Inive  the  honor  to  be,  very  resjiectfully, 

C.  CUSHlN(i. 


Mr.    Cushing.,  Attorncif-Gencral,  to  Mr.  TlaUety  United  Stofes  Aftormil 
Boston,  and  jMr.  fJe'iM,  United  fitate.H  Attorney,  southern  Ohio. 

Attgrney-CiEneral's  Office, 

December  S,  IS."i.l. 

[499]        *SiR:  I  am  directed  by  tho  President  to  call  your  attention  tijl 
combinations,  idlegod  to  exist  in  your  district,  for  the  piiriw.-^e  oj 
military  invasion  of  Ireland. 

Whiie  it  is  difficult  to  believe  that  such  intention  is  entertiiiiie<l  bij 
any  i)er8ons  in  the  United  States,  or,  if  entertained,  that  it  will  \ta(\ 
tho  stage  of  an  overt,  illegal  act,  nevertheless  it  sceois  proper  that  tli< 


COUNTER   CASE    OF   THE    UNITED    STATES. 


627 


subject  should  hiive  your  consideration.  The  President  is,  of  course, 
soliVitous  tliiit  no  viohition  of  hiw  shall  jjo  unrebuked,  and  especially 
none  which  touches  our  ft)rt'igii  relations,  and  thus  affects  the  honor  iind 
the  peace  of  the  whole  country.  He  therefore  i)articularly  desires  you 
not  to  fail  to  institute  crimitnil  proceed inj^s  aj^ainst  any  persons  who 
8linll  he  found  enjiaj^ed  in  lUej^al  acts  of  tint  character  above  referred  to, 
or  otherwise  contrary  to  our  relations  of  auiity  with  Great  IJritain. 
I  have  the  honor  to  be,  very  resi>ectfully. 


To  IJ.  F.  Hallett,  Esq., 

Unitid  Stiitfs  Attortu'i/,  liostoti,  and 
flucJir  Q.  Jkwktt,  Es«|.^ 

United  /States  Attorney^  southern  Ohio. 


C.  CUSUING. 


HENRY  HE1M7.. 


*Mr.  Cuiihing^  Attorney-Genera}^  to  Mr.  Inge  and  Mr.  Ord^  dintriet 

attorneys. 

Attouney-Generai/.s  Ofi'ice, 

J>eeemher  11,  ISoS. 

Sir:  T  am  directed  by  the  President  to  address  you  further  on  tho 
>iilij('('r  of  tlu^  illc{;al  military  enterprises  a.i;ainst  tlu^  State  of  Xicaraf^uji, 
ivliicli  have  been  and,  as  it  appears,  still  continue  to  be  carrie<l  on  from 
tln' luirts  of  California.  He  has  perci'ived  with  extreme  rej^ret  that  ii 
State  with  wliich  tiie  United  States  ar«'  at  peace,  and  which  on  other 
accoiuits  is  entitled  to  the  special  jiood-will  of  this  Government,  has 
thus,  in  ettect,  been  subj<'cted  to  invasiiui. 

I  am  aware  of  the  extreme  ililliculty  of  detectinf;"  the  criminal  purj^ose 
of  any  persons  en<;a{;<'d  in  su<;h  an  undertaking',  when  tiiey  embark  with- 
out visil)lc  orj;ani/ation  in  passenj^cr  steamsliips  ply  in  j;' between  San 
Iraucisco  and  San  duan  del  Siul.  Ibd  the  President  expects  that,  by 
the  exercise  of  particular  vigilance  in  the  matter,  you  will  be  able  to 
lamtiiiplish  the^  desired  object. 

^u^}«esti<Hi  has  been  made  of  sonu^  complicity  of  the  Xicaraf^ua  Tran- 
j^it  t'oinpany  in  these  acts,  aiul  that  point  may  be  entitled  to  your  con- 

iili'iation. 

I  am,  very  respectfullv, 

C.  GUSHING. 

Hon.  S.  W.  rxGE, 

Attorney  United  States,  San  Franeiseo,  California. 

Paoifhts  Oui),  Es(|., 

United  States  Attorney,  Monterey. 


'till]  *Mr.  Gushing,  AttorneyOcneral,  t(f  Mr.  Van  Dyke,  district  attorney 

Attorney-General's  OriirE, 

December  12,  1855. 

Sni:  I  hiid  the  honor  to  confer  with  you  personally  several  weeks 

piiiec,  rcfjaiHling  repre8ei»tati«)ns  nuide  by  the  IJritish  minister  as  to 

Wlejfcilco'nbiuationson  tho  part  of  certain  persons  in  the  United  Stntes 

(o  organise  au  expedition  loi  the  military  iuvusiuu  of  Ireland,  and  to 


C28 


TREATY    OP    WASHINGTON PAPERS    ACCOMPANYING 


n. 


fj,  *   *v 


Pf  " 

■m 

'1               '    1 

ij^^^H 

!#>'■: 

v'^ 

requost  your  speeiiil  uttcution  to  the  subjoot,  so  as  to  prevent  or  punish 
any  inlriiiyrnient  of  our  relations  of  amity  with  (ireat  Britain. 

In  conseqiuMice  of  a  meetin<i.,  purportin/jf  to  have  some  such  object, 
vhieli  hjis  reeently  oceurred  in  New  York,  the  l'resi«U'ut  dirt'cts  iiit> 
sipiin  to  invite  you  to  vijyihince  on  tlie  subject.  Whik'  it  is  dilluMih  to 
believe  that  sueli  intention  is  entertained  by  any  i)ersons  in  the  rninil 
States,  or,  if  entertained,  that  it  will  reach  the  staj^e  of  an  overt  ilU-^fal 
act,  nevertheless  it  serms  pro[K'r  that  the  subject  sliould  have  your  con 
sidcration.  The  I*resident  is,  of  course,  soliidtous  that  no  violation  ol 
law  shall  {ijo  unrebidved,  and  especially  none  which  touches  our  foni;;!! 
relationsand  thus  affects  the  honor  and  the  peace  of  the  whole  countiy. 
lie,  therefore,  particularly  desires  you  not  to  fail  to  institute  (iriniiiial 
procee<linjj;s  af^ainst  any  person  who  shall  be  found  enyajjed  in  illt'j>al 
acts  of  the  (;haracter  above  referred  to,  or  otherwise,  contrary  to  oui 

oblipitions  of  friendship  to  Great  Britain. 
[502]  *1  have  the  honor  to  be,  very  respectfully, 

C.  CUSlll^G. 

James  C.  Van  Dyke, 

United  iStates  J yi strict  Attorney. 


Mr.  Van 


Dyle,  district  attorney,  to  Mr.  Gushing,  Attorney-Oenernl. 


Office  of  the  Attorney  of  the  United  States 
FOR  THE  Eastern  District  of  Pennsylvania, 
140  Walnut  street,  Pkiladelpkia,  December  It,  18)5. 

Sir  :  Your  communication  of  the  12th  instant,  in  relation  to  a  nu'etiii;,' 
i"«»eently  held  in  the  city  of  New  York,  supi)osed  to  be  for  the  purpose 
of  or.i^ani/ing  an  exi)edition  for  the  military  invasion  of  Ireland,  and 
inviliufi  vijj^ilance  in  the  suppression  of  any  infringement  of  our  relations 
of  amity  with  Great  Britain,  is  this  day  received. 

In  compliance  with  your  suggestions,  I  shall  direct  my  attention  to 
the  matter,  and  also  request  the  marshal  of  this  district  to  use  bis  host 
means  to  ferret  out  the  truth  in  relation  to  the  organization  to  wbitli 
you  refer. 

I  am  sir,  very  respectfully,  your  obedient  servant, 

JAMES  C.  VAN  DYKE. 
Hon.  C.  Gushing, 

Attorney-Ocneral. 


Mr.  McCoy,  district  attorney,  to  Mr.  Gushing,  Attorney  Oeneral 

Office  United  States  Attorney, 

Eastern  District  Louisiana,  _ 
December  18, 1855. 

Sir:  I  have  this  day  sent  to  the  collector  of  this  port  the  original  of  I 
the  a(;companying  copy.    I  trust  that  its  tone  will  meet  the  requirements  | 
embraced  in  your  communication  of  the  8th  instant. 
I  am,  dear  sir,  yours,  &c., 

THOMAS  S.  McCOY, 
[503]  •  United  States  Atiorney. 

Hon.  C.  Gushing, 

Attorney'  Oeneral. 


COUNTER   CASE    OP   THE    UNITED    STATES. 


629 


[Inclosure.] 
Mr.  McCoy,  district  aftorney,  to  Colonel  Porter,  collector.  New  Orleans. 

United  States  Attounev's  OrrrcE, 

EASTEUN  DlSTUlCT  LVI  ISIANA, 

Dcccmhcr  17,  1855. 

Sir:  I  liavo.  been  informed  tliat  preparations  are  l)ein<>'  made  in  and 
about  New  Orleans  for  the  invasion  of  Niijaraj^iia;  that  a  eonsideial»Io 
body  of  men  have,  been  recrnited  here,  and  are  on  tlie  eve  of  departnro 
to  take  part  in  the  military  operations  of  that  partially  revolntioni/ed 
ffovcrmnent. 

As  far  as  it  may  be  lawfnlly  done,  yon  will  detain  any  vessel  now  in 
this  iK>rt  fitted  ont  to  carry  on  the  nndertakiny;  and  I  partienlarly  re- 
quest that  yon  will  detail  a  speeial  nnmber  of  inspectors  to  siNii-eh  and 
wiitcli  the  (leneral  Seott,  nowon  the  eve  of  departure,  and  report  to  this 
ollire  the  residt  of  your  investi;^ation. 
I  am,  sir,  your  friend, 

TOM  S.  MrCOY, 
United  IStatcH  Attorney. 
Colonel  J.  C  Porter, 

Collector,  New  Orleans. 


m 


*The  rresident  to  Mr.  McCoy,  district  attorney. 


Executive  IVEansion,  December  LMI,  isr)."). 

Thomas  S.  INFcCoy,  Esq., 

United  States  District  Attorney,  New  Orleans,  Louisiana  : 

Your  letter  of  the  18th  instant,  addressed  to  the  Attorney-CJeneral, 
has  been  submitted  to  me.  Your  call  upon  the  collector  is  fully  approved, 
(.'oiitiinie  to  act  in  the  premises  with  the  utmost  enerj>y  and  vi<;ilaiiee. 
Ydii  are  hereby  empowered  to  exercise  all  such  authority  in  this  relation 
ovortiie  public  force  as  the  President  may  lawfully  delefjate  by  virtue 
of  the  eifihth  section  of  the  act  of  Congress  of  April  20,  1818. 

FKANKLIN  PIERCE. 


Mr.  Cashing,  Attorney-General,  to  Mr.  McKeon,  district  attorney. 

Attorney-General's  Office, 

Dcccmhcr  24,  1855. 

Sir:  I  duly  received  your  communication  of  the  L'.'Jd  instant,  and  the 
iliti'Hiiionts  a<;conjpanyin<j  the  same,  having  reference  to  the  engagement 
iiiid  preparation  of  persons  in  the  State  of  New  York  for  militaiy  service 
'lithe  state  of  Nicaragua.  You  will  have  received  my  dispatch  by  tele- 
in\)\i  notifying  you  of  the  order  given  by  the  President  to  Captain  Uige- 
'"«',  of  the  United  States  Navy,  to  juoceed  according  to  your  a«lvice  iu 
'III' detention  of  any  vessel  whatsoever  in«plicate«l  in  jn'oeeedings  con- 
'I'lry  either  to  statute  or  to  treaty  stipulations,  and  desiring  yon  to  act 
"itliu  premises  upon  all  proper  inforimition.  This  applies  more  espe- 
^'iilly,  of  course,  to  the  steamer  Northern  Light. 

it  there  sbuU  have  been  oc<;asiou  to  act  on  the  brief  order  sent 


630 


TRKATY    OF    WASHINGTON PAPERS    ACCOMPANilNG 


[505J    to  Captain  Bi^elovv  by  tolojjrapli,  or  *thero  Rliould  be  jjood  reason 
to  suppose  that  there  will  be  oeeasioii  so  to  do  in  tlie  sccnicl, 
orders  to  the  same  ett'ect  and  in  more  complete  form  will  be  transmitted 
by  mail. 

I  have  the  honor  to  be,  &c., 

C.  CUSIIING. 
Don.  John  McKeon, 

United  States  District  Attorney,  Xeic  York. 


[50G]      *Mr.  McKeon,  district  attorney,  to  Mr.  Gushing,  Atforneyfjvnerd. 

Southern  District  of  New  York, 
United  States  District  Attorney's  Oefick, 

December  LMi,  JS55. 
Sir:  A  Avarrant  lias  been  issned  by  Georjje  AV.  Morton,  esq.,  riiitod 
States  eonunissioner,  ajjaiiist  Paiker  II.  French,  char};ed  with  an  otVciisc 
ajjainst  the  laws  ol'the  Unite<l  States,  recently  committed.  .Mr.  rrciicli 
claims  to  be  a  diplomatic  representative  of  the  state  of  NicarajiUii,  ami 
the  otfcnsc  <*haryed  a«>ainst  him  was  <'ommitted  by  him  since  assiiminji 
snch  <-liaracter.  1  have  to  re«piest  to  be  informed  of  the  President's 
directions  as  to  whether  said  warrant  shonld  be  execnted. 
1  am,  with  high  respect,  &c., 

JOHN  McKKOX, 
United  States  District  Attormij. 
Hon.  Caleb  Cushino, 

Attorney-General. 


Mr.  Cushing,  Attorney-Ueneral,  to  Mr.  McKeon,  district  attorney. 

Attorney-General's  Oi  pice, 

December  27,  lSr)5. 

Sir:  I  have  received  your  letter  of  the  2«lth  instant,  in  which  you 
state  that  a  warrant  has  been  issjied  aj^ainst  Parker  II.  French,  (diiiniin,:: 
to  be  a  diplomatic  representative  of  the  state  of  Nicaragua,  for  an  orteiisi' 
against  tlie  laws  of  the  United  States,  charged  to  have  been  coMiniittcd 

by  said  French  recently,  and  since  he  assumed  such  character,  ami 
[.">()7J    as  to  which  you  request  to  be  informed  whether  *the  said  wainnit 

shall  ho  exe(!uted.  In  rcjdy,  the  Presitlent  directs  me,  in  tlie  first 
place,  to  refer  you  to  the  following  paragraphs  of  my  letter  ot  tlie  I'ltli 
instant,  viz: 

Y«)ii  will  ])erreivo  that  Mr.  French  is  entitled  to  diploinatie  privileges  in  the  IJiiitnl  | 
States  only  in  a  very  (pialilied  dej^ree.  He  is  not  an  accredited  minister,  hut  simiilyii 
)»erson  coming  to  this  <M»iintry  to  present  hiniselt'  as  such,  and  not  received,  l),v  rciismi 
of  its  lailin'j;  to  appear  that  he  represents  any  lawful  government.  Under  such  t'!i- 
cnjnstanccsanydiploni.itie  privile;;e accorded  to  him  is  of  nierc^  transit,  and  of  conitisy. 
not  of  riyht,  :ind  that  (Minrtesy  will  1m>  withdrawn  from  him  so  soon  as  there  shall  'ii' 
cause  to  h(,'lieve  that  he  is  ongajjed  in  here,  or  contem|»lates,  any  act  not  cuiisisttiit 
with  the  laws,  the  peace,  or  the  public  honor  of  the  United  States. 

He  directs  me  to  say,  in  the  second  place,  that  proceeding  in  the 
spirit  of  the  fullest  consideration  for  the  diplomatic  character,  he  desins  [ 
you  to  notify  Mr.  French  of  the  present  charges,  and  to  inform  hitn  tlmtj 
no  process  iu  behalf  of  the  United  States  will  be  served  upon  liiui,  pro 


COUNTER  CASE  OF  THE  UNITED  STAT:  S. 


631 


vided  lie  shall  not  become  clmrjieable  witli  any  further  oil'ense,  and  shall 
depart  from  the  country  witliin  a  reasonable  time. 
I  have  the  honor  to  be,  &c., 

C.  CUSIIING. 
lion.  John  MoKkon, 

United  IStates  District  Attorney. 


[j08j  *Mr.  Addifionf  district  attorney^  to  Mr.  Citshinn,  AttornryOcneral. 

Office  of  United  States  Attokxev, 

JUiUimore^  Ihvcmlnr  US,  l.S.").">. 

Siu:  Imnuuliately  on  receiving  your  letter  of  the  .Sth  instant,  I  took 
iiii'iisiires  to  ascertain  if  any  i)rei)arations  were  beinj;  made  in  this  dis- 
trict to  recruit  men  to  take  part  in  military  operations  in  Nicanij;na,  and 
k'caiiie  entirely  satisfied  there  were  none. 

I  shall  continue  to  exercise  all  \\\y  viyilance  to  detect  ami  defeat  the 
expedition,  should  one  be  or}>iinized. 

I  am,  sir,  your  most  obedient  humble  servant, 

WILLIAM  MEADK  ADDISON, 
lion.  C.  Clshino, 

Attorney- General. 


ict  attorney. 


Mr.  Pierce,  President,  to  Captain  JHyilow,  United  States  nary-yard. 

Executive  ^Ian.sion,  January  9,  ISiiG. 

Captain  Abram  Biuelow, 

United  States  X.avy-Yard,  Proohlyn,  Xea-  Yorlc : 

Arrest  and  detain  any  vessel  in  the  port  of  New  York  chiirfjed  with 
violation  of  neutrality  laws,  upon  a«lvic«^  of  the  distriet  attorney,  Hon. 
Jolm  McKeon. 

FKANKLIN  PIK.KCE. 

Tlie  (uiginal  received,  of  which  the  above  is  a  copy. 


[J09J     *Mr.  Joacliinson,  actiny  district  attorney,  to  Mr.  Cnshiny,  Attor- 

ney-(jener((l. 

Southern  District  of  New  York, 
United  States  District  Attorney's  Office, 

January  \),  lSr>(J — 4  p.  in. 

Sir:  I  have  the  honor  to  report  to  you  that  I  have  just  retunu'd  I'rom 
the  Star  of  the  \Yest.    The  President's  authority  was  respected.     Four 
wrests  were  made.    The  ship  not  having  anything  otherwise  unlawful, 
I  permitted  her  to  depart.     I  will  give  a  detailed  rei)ort  toonoriow. 
1  renniin,  with  great  respect, 

P.  J.  JOAOHINSON, 
Acting  United  IStates  District  Attorney. 
IIou.  Caleb  Cusiiino, 

Attorney-  General. 


fi32 


TKKATY    OF    WASHINGTON PAI'KUS    ACCOMPANYING 


Mr.  Cmhiiuj,  Attorney- General,  to  Mr.  Cannon,  diHtrict  attornei/. 

Attoi{nkv-(jeni:rai/s  Offick,  Jannary  14,  l.srH). 

Siu:  I  am  (liro<',t«Ml  by  tho  President  1<)  eull  .yoiii'  iittentioii  to  tlie 
stutemeiit  in  the  Tri'iitoii  (ia/ette  of  the  lOth,  repiodiieed  in  the  New 
York  Ileiahl  of  the  iL'ih,  to  the  erteet  tliat  a  luilitarv  expedition,  in  viola 
tion  of  hiw,  is  Httinj;'  out  by  parties  in  New  Jersey,  and  to  riMpiest  tliat 
yon  will  taiu*  steps  to  inquire  into  the  same,  and,  if  the  statement 
[510]  be  tnu',  to  arrest  *an«l  [uoseeute  the  otfenders. 
1  am,  very  respeetfidly, 

C.  CUSUIN(}. 
G.  S.  Cannon, 

United  IStaten  Attorney,  Ncir  Jersey. 


I?    t 


ifr ' '  '  >•  > 


11 -U 


Mr.  Cannon,  district  attorney,  to  Mr.  Cushiny,  AttorneyGencraL 

BouDKNTOWN,  January  10,  IS.")!). 
Siu:  T  aeknowledye   the   receipt  of  your  h'tter  of  the  1  Uh  instiint. 
direetin{>;  my  attention  to  eeitain  publications  in  relation  to  the  nimoriMl 
littiiifj;  out  of  a  military  exjiedition,  by  parties  in  this  State,  in  violation 
of  law. 

I  will  proceed  at  once  to  institute  :     i^id  in(|iiirv  in  relation  to  this 
matter,  and  if  I  tind  that  the  runu)rs  an-  well  founded,  will  immediatuly 
take  measures  ti»  arrest  and  jn'oseeute  tlie  ofl'enders, 
1  am,  very  res[)ectfully,  your  obedient  servant, 

G.  S.  CANNON, 

District  Attorney,  dr. 
lion.  Calkh  Ccsiiing, 

Attorney-General  United  Slates. 


K 

.tc-.^...    . 

m^:'  - 

~m:. 

M 

Mr.  McKeon,  district  attorney,  to  Mr.  Cushing,  Attorney-General. 

SouTHEiiN  District  of  New  York, 
United  States  DisTRuri-  Attorney's  Office, 

New  York;  January  1(J,  l<S5(i. 

Sir:  Y'esterday  the  grand  jury  of  tlu^  circuit  court  of  the  Uiiittd 
States  for  the  southern  district  of  New  Y'ork  ]>resented  an  in 
[oil]  di(!tnuMit  for  setting  on  foot  a  *military  expedition  or  enter 
prise  against  the  government  of  Nicaragua,  against  the  foUowiu;^- 
iianuMl  persons:  John  Creighton,  Francis  B.  O'Keefe,  Andrew  J.  Moni 
son,  Charles  Waters,  William  Lyster,  Parker  II.  French,  Daniel  II.  l>il 
lingham,  Joseph  K.  Mali,  George  B.  Hall,  Addison  Farnsworth,  and 
Louis  Sehlesinger. 

AVith  great  respect,  I  am,  sir,  your  obedient  servant, 

JOHN  iMcKKON, 
United  States  District  Attorney. 
Hon.  Caleb  CcsniNG, 

Attorney-General,  &c. 


'..if-.  L 


^YINO 

I  attorney. 

\mj  14,  l.H.")(;. 

U!iiti»>n  to  tlie 
•d  ill  thf!  New 
UtioM,  ill  violii 
,o  iniuest  tliiit 
■  tlio  statciiiiMit 


.  CUSUlNd. 


ley-Ocncml 

nary  10,  isno. 
le  lltli  instiint. 
to  tlie  niiiiornl 
;atc,  in  vit)latiim 

relation  to  this 
vill  iiiimetliiitfly 


Attorney,  dr. 


icy-General 

lOKK, 

k  Office, 
\u<iry  1(5,  If^"'*'- 

of  tlM'  Uii'tf'l 
l>iesoiitt'<l  ail  '"• 
litioii   or  »'iitcr 

St  the  tbllowiiili- 
[ulrow  J.  Moni 
I  D.iniel  U.  D'l^ 

[arnswortli,  ami 

mt, 
IvKON, 

trivt  Attorney. 


COUNTER   CASK    OF   THK    UNITED    STATES.  G33 

yfr.  MeKroa,  district  attorney,  to  Mr.  (Junhinij,  Attorneydeneral. 

WOUTIIEIIN  DiSTRKT  OF  NEW  VoK'K, 

jVf'/r  Xork,  January  1(5,  185(}. 

■  Sir:  T  liavo  boon  infornwd  that  Captain  Faiinro  and  his  oniccrs,  of 
the  r«'V(!nm'-(rntt(M'  WaHhin;!;ton,  liavo  bocfi  ordoivd  t()  loavo  this  port  to 
criiisii  on  tho  coast.  His  vossci  is  dccini'd  hy  mo  vory  important  as  an 
aid  to  mo  in  j^arryiii};  out  tlio  iiontrality  hiws.  I  lor  appearanoo  horo  is 
(if  tlio  hif^lu'st  inoinont  at  tlio  prosont  tiino.  Miu-oovor,  tlioso  «»tll(tors 
miiy  l»«i  ro(piiro(l  as  witnossos  iii  tlio  «;asos  which  havo  arisen  oat  ot  tho 
ili'teiitioM  of  tho  Xorthoin  lii^^ht,  and  it  is  proper  that  tho  ollirers  of  tiio 
cuttor  should  ho  in  sin;h  a  position  that  1  may  call  on  thorn  to 
\')V1\    attend  c(»nrt  *at  any  moment. 

May  I  ask  yon  t(»  dosiro  tho  8e(!rofary  of  tho  Troasiuy  to  fjivo 
such  directions  in  tho  matt«M'  as  will  soitiire  tins  «>l)ject  1  have  in  view  ? 
I  am,  sir,  vory  ros[)cctfully,  your  obedient  servant, 

JOHN  Me  IvKON. 
lion.  Caleh  OusiriN*}, 

AttorneyUeneral. 


Mr.  Cushiny,  Attorney-General,  to  Mr.  MvKeon,  iJintrict  attorney. 

ATT0RNEV-(IENERA|/.S  OFI'ICE, 

./a  unary  1!>,  1S,">(5. 

Sir:  I  have  the  honor  to  acknowlodj^e  tho  receipt  of  yonr  commnni- 
ciitioii  of  the  l(5th  instant,  in  relation  to  the  retention  of  tim  rovoiiiio- 
ciitter  Washin};ton  at  tho  port  of  New  York,  and  havo  salnnitted  the 
siine  to  the  Secretary  of  tho  Treasury.  1  am  informed  by  him  that  he 
lias  countermanded  the  orders  reqnirin;?  tho  Washinjjton  to  leave  New 
York  on  a  cniiiso,  and  directed  her  to  remain  there. 
1  am,  very  respectfully, 

C.  CUSIIING. 
John  McKeon, 

Ignited  /States  District  Attorney. 


Mr.  Ord,  district  attorney,  to  Mr.  Cashing,  Attorney-General. 

Office  of  the  Attorney  of  the  United  States 
FOR  the  Southern  District  of  California, 
Los  Anyeles,  February  1(5,  185G. 
[•'>13]       Sir  :  I  have  had  the  honor  to  receive  your  letter  of  the  *l(Hh  of 
December  last,  calling  my  special   attention,  by  direction  of  tho 
President,  to  the  subject  of  the  preparations  being  made  in  various  ports 
of  the  United  States  to  recruit  men  for  the  invasion  of  the  state  of  Nic- 
;>iii{jua,  or  otherwise  taking  part  in  military  operations  there,  and  deair- 
ii'Siiie  to  take  measures  to  detect  and  defeat  all  such  enterprises,  and 
to  bring  the  parties  gnilty  to  punishment,  and  to  give  seasonable  notice 
it  ill  any  case  occasion  should  arise  for  the  exercise  of  tho  direct  au- 
thoriry  of  the  President. 


G34 


TKKATY    OF    \VASIIIN(JT()N I'Al'KRS    AfCOMI'ANYINO 


IhIuiII  use  ill)  (liic!  (liligciicu  tu  ciirry  out  the  iiistriu^tioiis  (»f  the  Presi- 
dent ill  tlie  prciiii.seM. 

Your  oliedieiit  .servant, 

r.  OKU, 

JJiHtiict  Attontry. 
Hon.  Cai.kh  ('i'siriN(t, 

Attonuydrni'ial  United  Stati'H. 


'?t 


4: 

1 


'-I 


h  f 


W    *  '  ' 


i1/r.  Otulfilistrirt  attorney,  to  .Ifr.  Cushinff,  AttorncyOentral. 
()Fri(!K(»r  Tin:  Attoiim:v  of  tiik  Umtkd  Statks 

I'OII  TlIK  SOITIIEUN  DiSTUK  T  OK  ( 'ALIFOUMA, 

Ldh  Ani/elcs,  Feltrniiry  1(J,  l.S.")i;. 

Siu:  1  liiive  liiul  the  honor  to  reeeiv(?  your  U'tter  ol"  the  14th  of  Dc 
e«'iiiher,  is.V),  on  the  subject  of  ilh'y:iil  military  enterprises  a;;aiiist  tlii' 
Htate  of  Nieara;;:iia  ori<'iiialiii^  in  Caiirornia. 

I  shall  use  rvi'iy  elVoit  to  carry  out  the  dire(!tions  and  wishes  ot' 
[514J    tile  I'resich'iit  in  r«'<;aid  to  these  illej^al  *enter|uiscs. 

I'p  to  the  present  time  I  am  very  eonlident  that  n<»  v«'sscls  liiivc 
been  fittiMl  t»r  men  or;>°aiii/.cd  within  the  southern  judicial  distriel  nl 
Caliloinia,  nor  have  any  ol'  its  citizens  einiiarked  in  .such  ille;4al  en 
terprises. 

I  am,  very  respeett'ullv,  your  obedient  .servanf, 

r.  oiti), 

J)intrU't  Attormy. 
Hon.  Talkh  ri'siiiN<f, 

Attotnti/ih'iienil  (initvd  States,  Wasliinyton. 


h'ii 


Mr.  Cushhuf,  AttorneyClcncral,  to  Mr,  Inye,  district  attorney. 

Attorney  Ge>,'i:ral'.s  (  )ffi<k, 

March  1,  lArA 
Sir:  Iteferrinji:  to  my  letters  of  January  10,  1S."54,  and  of  Dceeniiu' 
14,  l.S.").'),  I  have  to  reipu'st  of  you  a  brief  leport  of  the  several  proseiii 
tions  which  have  been  instituted  in  your  district  for  imputed  vitdiitioii 
ol  the  provisions  of  the  act  of  Conj;re.ss  referred  to. 
1  am,  very  respectfully, 

C.  CUSlIlXd. 
Hon.  S.  W.  Ix(jr:, 

Attorney  of  the  (.'nitcd  States,  San  Francisco. 


Mr.  Inge,  district  attorney,  to  Mr.  dishing,  Attorney-General. 

San  Francisco,  A2)ril  1,  \^iiC>- 

[515]        Sir  :  I  have  received  your  letter  of  the  l.st  ultimo,  recpie.stins  *" 
brief  report  of  the  several    jjrosecutions  which  have  been  i" 
stituted  in  the  northern  district  of  California  for  violation  of  the  act  ol 
1818. 

In  reply,  I  have  the  honor  to  state  that  the  first  pro.secution  wa.s  i" 
stituted  ill  1853,  against  one  Henry  P.  Watkius,  who  organized  a  force 


COUNTER   CASE   OF   THE    UNITED    STATES. 


035 


ill  Sun  I'liUHisco  for  tln^  aitl  of  Wulkor  in  liis  attiMn|>t<><l  conqiiost  of 
Li)\v4>r  Calitorniii.  This  proHctHition  rcsnlted  in  tlio  conviction  of 
WiitliinH. 

Snl)8c«|ucntly,  Frederick  Kininons,  who  was  a  confi'dcratcof  Watkins 
iti  the  expedition  hefon^  referred  to,  |dead  ^nilty  to  an  indictment 
fouiHh'd  upon  the  sanu^  section  of  the  said  hiw. 

Afterwards,  in  the  year  IH,'»l,  the  consuls  of  M«'xi(M)  and  France  wen? 
iiidicted  for  violation  of  the  section  of  tlie  act  of  ISIS  prohibiting; 
the  eidistinents  of  men  within  the  territory  of  the  United  States  for 
service  in  a  foreign  (ionntry,  the  llrst  of  wlM)m  was  convicte»l. 

Ill  the  case  of  the  consul  of  France  th(Me  was  a  mistrial,  the  jury 
standin<>°,  u|>on  their  dischar;,^',  one-thinl  for  conviction  and  two  thirds 
tor  acipiittal. 

1  have  the  honor  to  be,  sir,  very  respecitluUv,  your  obedient  servant, 

S.  W.I  Nil  K. 

lion.  Caleb  ('itshinct, 

AttormylJlcHeral  of  ilw  United  Sttttrs. 


land  wislicsnl 


[51fi]    *.l//-.  McCoy,  (lisfrirt  attormy,  to  Mr.  Citshing,  Attorney  (leiterol. 

OrFifE  Unitki)  States  Attoknev, 
Eastern  J)istki(;t  oe  Loii.siana,  Aitril  J>,  1S50. 
Siu  :  This  nioriiiu};  I  have  j;iven  |)ereinptory  instructions  to  the  niar- 
sliiil  of  this  district  to  search  the  Charles  IMorjian,  a  steamship  adver- 
tised to  leave  this  port  to-morrow  inorniiij;-  for  Nicaraj^iia, ami  ii'piut  to 
this  onice  by  Ti  o'ch)ck  p.  m.,  and  at  8  o'clock  a.  m.  to-morrow,  the  10th, 
tlie  result  of  his  investijjation. 

Tlie  object  of  these  instructions,  so  i)eremptory,  is  to  <'arry  out  your 
iiistru('ti()nsof  ihito  Sth  of  I)e(!einber,  IS")."),  and  to  maintain  tiie  iiitej^rity 
I't  tlie  act  of  Con{»ress  of  1818  amfour  treaty  stipulations  with  Clreat 
liritiiin. 

Tile  report,  should  it  be  made,  will  be  immediately  forwarded  to  jour 
Deiiartment. 

1  am  yours,  truly, 

T.  S.  IVIcCOY. 
Hon.  Caleb  CrsiiiNU, 

AltorncyGcneral  United  States, Washinyton,!).  C. 


[•517]    *Mr.  McCoy,  district  attorney,  to  Mr,  Cashing,  Attorney-General. 

United  States  Attorney's  Office, 
Eastern  District  of  Louisiana,  Jj»*7  lo,  18."j6. 
Siu:  In  obetlience  to  my  instriictitms  to  the  marshal  of  this  district, 
<>f  yesterilay's  date,  of  wliich  1  informed  you,  the  steamshi|>  Charles 
Moi'Kaii,  bound  for  San  Jmin,  was  searched  last  ev»>ninfj  and  this  inorn- 
iiji;,'  within  one  hour  of  departure.  The  marshal  has  just  reported  no 
violation  of  law  discovered. 

I  am,  sir,  very  truly  yours, 

T.  S.  McCOY, 
United  States  Attorney. 
Hon.  Caleb  Gushing, 

Attorney- General  of  the  United  States. 


G^n 


rii'KATY    OF    WAf'HKNrJTON I'Al'ERS    ACCOMPANYING 


Charge  of  >JHihje  ]VUs<m  to  fhe  f/rand  jiirj/  of  the  circuit  court  for  (ho 

(tout hern  district  of  Ohio. 

[Kxliiut.] 

IC  I  iuii  v'orrwtly  iiilbniu'd,  <»«'iitU'iiuMi,  these  statutes  to  wliidi  I  ]ui\f 
(liiccttMl  v().ir  iittetition  comprise  all  that  .von  will  have  (»ecasioii  to 
exainiiM'  atteiiliveiy,  unless  yon  heeoniii  satisfied  tliat  the  neutialiiy 
law  «ii'  ISls  has  hecii  •.  iojatcfl  in  tills  district.  Sli(»iil<l  euinitlainis  ndin- 
before  you  lor  the  Ineach  of  tliis  law,  1  would  ask  your  espeeial  exam- 
itialioii  ul"  the  lirst  and  second  sections  of  the  :)<;t.  It  is  Uiiowk  as  tin- 
"A<'!  in  addihon  to  an  act  lor  the  pnnishan'nt  ol'  certain  (trinies  a;;ani^! 

the  Initetl  States, "  approved  April  'H),  ISIS. 
folS]         *It   is  iKiw  an  acUnrnvlediu'd  laci.and  one  that  will  eonstitiitf 

a  pait  of  the  history  ol  our  times,  that  within  the  last  lonrtfcu 
months  a  forei/iu  power  has  fhronjj;!!  its  niitdsters,  consuls,  and  otlu-r 
a^'ents  in  the  raited  States,  Iteeii  enj^a^^cd,  in  vi(»lation  of  positive  hiw. 
in  eidi.^tin;;  tioojis  for  a  war  upon  a  nation  with  which  our  (lovenniu'nt 
is  at  i»eace.  Alter  what  has  so  r«'eeiitly  transpii'ed  in  the  cities  ou  oitr 
Atlantic  sea  Ixtaid,  and  a  sistercily  ofoaroun  State. the  I'Vdeial  coiu;» 
ami  jurand  juries  woiMd  prove  derelict  ol  duty  to  shut  their  eyes  iijM.ii 
these  t!a;;iant  violations  of  law. 

In  the  war  which  is  now  heiiiir  carried  on  in  Fairopc  the  IJinted  St.ift> 
oceupi<'s  the  position  of  a  neutral  power.  The  rijihts  of  neutrality  lain.' 
villi  tlieiii  e(uresi)ondin<;- duties  ;  anionj;'  these  duties  is  that  of  iiiiiM: 
tiality  Ix  .ween  the  etuiteiulin^  parties.  IJy  the  law  of  nations  tii.- 
neiit i.ii  is  the  coiiuioii  friend  of  hiMli  parties:  consequently  is  iiot  ;il 
liberty  to  favor  one  to  the  dediinent  of  the  other;  and  this  iiiipartialif. 
jtcrinils  the  neutral  nation  to  ji^ive  no  assistance,  (wlu'ii  there  is  no  pi.- 
vious  stipulation  to  ;^ive  it.)  iko*  \oluntarily  to  furnish  troops,  or  iriii-. 
Ol' anythiiiji of  a  direct  use  in  war.  Xo  uatiiui.  «'illier  ancient  or  iiini. 
eni.  ha.s  adhered  more  steadfastly  to  these  rules  ^[((veinin;;"  neutrals tliaii 

that  of  (ireat  llrifain. 
[.■»11>]         *At  the  c<aninencement  of  the  war  bet  ween  l-'rance  and  Kii^ 

land,  ia  I7U-5,  an  attempt  was  made  by  Frame  to  violate  tii- 
nentrality  of  the  rnited  States  by  armin;;  and  eipiippin;;:  vessels  aril 
enlisting' men  within  our  ports  to  ciiiise  against  the  shi[)pin<;' am!  iim- 
chant  marine  of  I'hi^^Iand.  (}r«'at  IJritain,  <;onsv'ious  of  the  kind  iiii'i 
8ym)>athetic  feeliii;;'  then  exislin;^  between  theeiii/ens  of  this  coimtn 
and  l''rance,  became  aiarined,  and  protested  with  ar';uments  of  jriv.i 
force  to  the  claims  made  on  this  counti'y  l»y  tlu'  I'^i-neh  minister.  M. 
(le'iei,  in  behalf  of  Lis  yovernm  -nt.  And  lhos(^  (tf  ymi,  y-eiitleiinii. 
Avlio  letain  fresh  in  y«;ur  minds  die  history  of  those  limes,  ctr  who  ai> 
at  ill  familiar  with  tlie  American  state  papeis,will  not  fail  to  reiiicnU'r 
Avith  what  ability  ami  .\;sdom  Mr.  .lellVrMon,  then  Secretary  of  St.>!> 
under  President  \Vashin;\ton,  delined  the  neutral  policy  of  the  I'liitt'! 
States.  This  [»oliey  was  in  acM-ordaiiet'  with  the  then  I'Xpn'ssed  \ie«" 
of  the  Ibitish  ;;()vern!aent,  and  resulle<l  in  the  umpialilied  denial'' 
Framreof  her  demands.  Aceoniin;;Iy  the  American  Con;;res>,  in  IH'i. 
passed  an  act  emluaein^j,'  this  |»oliey,  wliieii  act  waa  revised  ami  e 
enacted  in  ISlS,  and  this  is  the  statute  to  which  1  have  specially  ciilf! 
your  attention,     'i'liis  law  haxiiij^  (uiiLfinally  passed  niider  the  aiispin- 

of  Washinj^ton,  ;hus  reco-;ni/ed  at  an  early  ilale  in  this  count:- 
[o2t)J     not  only  the  obli;;attoiis  of  neutrality,  *but  the  duty  .»f  the  (n'' 

ernment  t()  enforce  them. 
The  Enj^lish  jjjovernment  (jertainly  cannot   plead   if^iioranee  of  tli  • 
policy  or  com phitu  of  American   lej^nslation  upon  this  subject,  tor,  m'' 


USYING 

it'tt  ctturt  for  thf 


^  t(t  wliu-li  I  have 
liavt'  (K'fiisinii  ;.( 
at  thr  iirutralliy 
coinitliiinls  fouif 
\r  osjUM-ial  »*\:»iii- 
it  is  known  as  tin- 
aiii  ttriu"'^  a;iain-' 

Kit  wiU  coMstituti 
11  the  last  lourtffii 
consuls,  ami  "li*^  i 
1)11  of  pusitivr  i.l«. 
\i  our  ("lovi'iinmsi: 

in  tilt'  I'itU'"*  ••"  ""■ 
.  tlu'  l-V»lfval«-<>m;« 
;it  tlu'ir  eyt's  u|mi. 

,  tlio  Unitt-a  Stat.- 
oi"  nt'Utrality  l»iii:- 
■s  is  that  of  imiu; 
law  of  nations  th. 
-iMpitMitl.v  i'^  t«"f;'' 
ml  lliis  iuii»;««''i«'''-- 
i„.n  tln'iv  is  no  pi.- 
sh  tio(»i»s.  or  .«nii-. 
vv  ancit'nt  or  mou 
•riling"  neutrals  than 

Ui  Franc*  an»l  Kn: 
uici'   t<»  violate  tli' 
lippinj;  vessels  at'<l 
..  sliippinj;  an<l  m.i- 
IS  of  the  kin'l  aii'l 
Ins  of  this  eoiinliv 
ar-iiunents  of  ^'i*'^" 
KnMieh   minister.  M. 
,f   \m,   -cntleiiifii. 
.  limes,  or  who  ar.- 
ot  fail  to  remeuilh'r 
Sreretary  of  Stai'^ 
,aliev  i»f  the  I'mte'l 
|(.,i  i>\l»resse.l  vie«H 
iMinalilied  genial  " 
,  l.'(.n-ress.  Ml  I  <•'*• 
j,,^  reviM-.l  an.l  «- 
ave  spei-ially  eaiini 
un<h-r  tlu'  auspin- 
llaU'  in  Miiseountr- 
u- amy  of  thet."^ 

It   irrnoraneo  of  tlii| 
Ihis  subjoet.  «'■•»" 


COUNTER    CASK    OF   TIIK    rXITKD    STATES. 


fi37 


(Oiitent  with  vvliiit  her  {jreat  lawyers  ana  statesinen  Innl  for  more  than 
aeentnry  eiaiine<l  to  be  a  w«'l!  establislH-a  niatt«'r  of  international  law, 
iIh-  Mritisli  Parliament,  in  1S1!>.  pas>ica  what  is  eallea-'tlie  enlistment 
iMi."  which  is  sirl»stantiallv  a  eopv  of  the  aet  of  the  American  Congress 
of  ISIH. 

It  ever  the"o  is  anythin;^"  w  Inch  will  jnsfify  a  sensitive  and  uneasy 
LH-lin;:  in  ihc  pettple  of  the  I'niti-a  States,  it  is  when  tlieii-  laws  are  put 
;it  (Ictianee  ana  tram]>lea  unaer  foot  l)y  the  sanction  of  a  foreign  jiov- 
.riHiient.  Neither  will  they  I'eco^^iii/e  oi-  aamil  of  an>  palliation  for 
siiis  course  of  comlm-t  on  the  part  of  the  otfcnainy;  ;;o\('iiiment  or  its 
litizcns,  on  the  ;ironn<l  of  necessity,  or  that  the  bejlijjferents  in  a  foreij^u 
UiU'.  on  the  one  side  or  on  the  othei',  ha\<'  a  just  or  an  unjust  cause. 
Willi  the  nnnnlr  of  this  l-^inopcan  contro\ersy  we  have  notliin;;  to  do, 
iiul  whether  it  wonla  be  bettei'  for  mankimi   that    the  stanaard  of  tho 

i-scent  should  be  upheld  by  the  armies  of  ( 'hiistendom  in  theOtto- 
III, ui  ilmpire,  or  whether  it  should  be  snp|)iai K-d  by  that  of  tlie  cioss,  is 
1  matter  not  to  be  considerejl  by  Anu'iiean  ^■o:n•ts  and  jiiiies  in  admin- 
hit-riiiu  Ihe  laws  of  tiie  t'niled  States,  It  is  unnecessary  that  I  sli(»idd 
make  furthei-  comment  upon  the  provisions  of  this  act  of  isjs,  or  tlu^ 
r;uis«'  which  h'd  to  its  passau'c,  I  am  eonfulc^t  that  in  lelatitui  to  *his, 
,iN  in  all  duties  imposed  on  yon  as  grand  jurors,  yon  will  act  fearlessly 
luil  faithtully,  and  as  me!i  tully  impressed  with  the  imptutanee  of  main- 
Miuing  the  sovereignty  of  the  la  as. 


:yn\ 


*  AiUttncijGcnerdl  (Jushimj  ti  Ihe  Pietihknt. 

Attorney  <;enekai,'s  Oi  fk  i; 


M)i;i  L'7.  IS.'m;. 

Sii;  :  I  deem  it  incMunbeid  on  me  to  bring  to  your  notice  sundry  pas- 
<^)^<'s  in  otllciai  communications  of  ihe  Ib-itish  ndnister,  ]\{r.  Crampton^ 
to  liis  govi'rnuu'nt,  as  they  appear  in  the  '•  j»apers  i-elative  to  recruiting 
in  till'  I'nited  States."  recently  presented  to  Parlianu'iit,  which  contain 
|i;ilpal»le  errors  «>f  state'uient  touching  me  pi-rsonally  or  my  ollicial  action 
■IS  .Vttoriiey  (leneral. 

1.  Ilia  letter  to  >  he  I'arl  of  (Maremloii,  (d"  the  HUh  of  X(>vember,  1S,~)."», 
inttjiiimenting  on  .Mr.  .Marey's  letter  to  Mr,  liuchanan,  of  the  I.lth  of 
hily,  1S,V»,  Mr,  Crampton  assnmes  that  the  Ibitish  coiisids.  implicated 
ii  illegal  4'nlistments  in  the  I'nited  States,  wer«*  prevented,  l»y  the  tenor 
•fiiiy  nisfriu'tions  to  the  district  attorney  of  I'liiladelphia,  Irom  testify- 
!!i;:  tit  their  alh'ged  innocencre.  (Papers  m/ /<»f/>*v»,  p.  IL'S.)  That  stato- 
•'iH'Ht  is  not  true. 

The  district  attorney  was  instiuctea  to  oliject  to  any  attempt  of  the 
I'ritisli  «-oiisnl  to  «lo  what  !".  luol  uiHlei  taken  on  a  previous  o<-<'asion  to 
'!'>,  that  is,  to  i'lterfere  in  tlu'  tiials  by  ollieious  letters,  written  for  tln^ 
|tur|M»s<';  hut,  insteaa  «)f  being  f(Ml)iaaen,  it   was  expiessly  snggestea 

that  he  shonhl  appear  as  a  witness. 

'I'i'l]        'li  is  obvious  that  it  cannot   l»e  atbuitt^-a  that  a  person,  who 

deems  himself  incidpati'd  by  Jinlicial  proceedings,  be  allowed  to 

i'it«'r|M>se  in  the  trial    by  mere  letters  of  denial  or  e.r  juirte  exp!anati<ui. 

H»'  has  no  right,  in  law  oi-  courtesy,  to  any  such  privilege.     If  he  do- 

[*'r«*sto  hi'  heard,  he  must  appear  in  a  h'gal  manner,  that  is  to  say,  as  a 

l»iluess,  in  tinier  that  he  may  be  examined  so  as  to  eli<'it  the  tintli. 

The  r>ritish  eonsul  at  lMiiladeli>hia  might  have  v(»Iunteered  as  a  nit- 


,? 
J 


GDS 


J'KKATY    OF    WASIIIXGTON PAI'IUiS   ACC'OMl'ANYINO 


--•3^ 


I'       I   ' 
i    . 


S  ■:.■! 


m ', 


iH'ss  ill  the  case  of  Hertz,  if  lie  liad  .se<Mi  flt.  He  oiijjlit  to  liave  (lone  so, 
if  liis  testimony,  luwi'nlly  yiven,  eoiild  have  pioviMl  aii.vtiiiiif;  iiialcrjnl, 
eitlier  to  the  prosecMitioii  or  tiie  (h'feiise. 

Tliere  was  not  hiii;;' extiaonliiiary  in  this  partienlar  matter,  exeejit  tlic 
presumption  of  a  lorei<;n  consul  in  snpposin/j;  that  he  mi;;ht  iiilcittic 
liy  volunteer  h'tlTs,  to  all'ect  the  conis*' of  criminal  justice  in  the  I  niiol 
States. 

2.  In  Mr.  (Irampfon's  letter  to  the  ICail  of  Clarendon,  of  Xovemhcr 
27,  is."»."i,  it  is  alh'^cd  that  the  proct'cdinj-s  a;.'ainsi  Hertz  and  others,  in 
JMiihideiphia,  were  instifnied,  not  against  the  persons  win)  were  ostcii 
silily  arnii<;ned,  but  a;;'ainst   tlie  iiritish  diplomatic  and  <'oiisiil:u' 
[oi*;j]    *ay<'iits  in  the  I'uitcd  States.     (V hi  supra,  p.  1.51.) 

That  is  iiM'orrect.  The  proceed in;,'s  were  comiuenced  in  Marcli, 
IS,")."),  when  no  suspicion  was  enti-rtaincd  l>y  tliis  (loverument  of  the 
relation  of  Mr.  ( 'i-ampton  and  of  llrilish  cousids  to  the  ille;;'al  acts  in 
((uestion.  It  is  true,  however,  that  aiin)Uj;'  the  ohjecls  expected  from 
and  accoinplisluMl  by  the  trial,  was  tlu'  Icyal  asccitaiiimeut  of  l.icis 
alike  important  t(»  the  liritish  •;'overnment  and  that  of  the  (iiiteil 
States. 

."5.  In  these  same  lett<'rs  Mr.  rramptoii  says  that,  at  the  lime  of  llif 
trial  releried  to,  (September  L'l,  1S,"».").)  ••  the  I'nited  States  ()o\ crnimMit 
inust  have  known  tliat  all  recruitment,  leyal  or  illegal,  had  been  put  a 
stop  to  several  weeks  before."'     (/'/;/  siifHO,  p.  I.M.) 

That  is  a  mistake.  This  ( loverument  knew  nothing;  on  thai  poinl.  :il 
that  time,  except  what  Lord  riaieudon  had  said  in  his  letter  to  .Mr. 
I»in*haiian  of -Inly  K!,  isr»,"»,  nanu'ly,  that  the  IJritish  ;;()\  ernnicni  liad 
sent  orders  to  put  an  end  to  "all  protreedin^^s  for  eniistmeul." 

Lord  < 'lari'udon  did  not  mention  when  the  «)rd«'rs  were  sent  ;  nor  •Inis 

the  context  of  his  letter  show  whether  the  orders  spoken  of  a  i  (plied  to  the 

I'nited  States  «nily,  or  also  to   I'.ritish  .\iuerica.     At  what   time 

[."(lil)    t!n(se  orders   took  elfect,  •to  whom  .sent,  and  their  exact  .scope. 

did  not  then  appear  of  public  notoriety,  and  was  lU'Ncr  comniiini 

cateil  to  this  ( iovennnent. 

This  (io\eri!:!ient  well  knew  that  recruitments  took  place  in  Anniist: 
it  did  not  know  thai  they  had  ceased  in  August.  So  soon  as  it  liixl 
satisfactory  informatitxi  of  their  cessati<ni,  instructions  were  j>ivcii  tci 
desist  from  all  further  judicial  procee(lin;;s, cxeep)  ai^ainst  olhcial  a;;ciit< 
ol'  the  I'.ritish  ^overnnu-nt.  (Lett<'r  oi'  the  Attorm'y-tJeneral  to  .Mi 
iVlcK«'on,  of  ()etol»er  JO,  |S."i.">.  iihi  siijuk,  p.  \'2\\.) 

I,  In  the  same  letter  Mr.  ("ranipttui  says  that  the  United  States  (iov 
erniui'nt  must  have  kmnvn  that  (he  pro(reedin;^s  of  Hertz  were,  fioiii 
the  mouMMit  he  attempted  to  e'lter  upon  a  .system  of  recruitment,  (lis 
avowetl  by  Her  Majest\",s  «»l1ieers."     (I'h!  siij/rn,  p.  l.'{(!.) 

This  is  not  %o.  This  (iovernmeiit  knew  tin-  contrary  of  what  is  tliiis 
nlle;;('d.  It  knew  that  .Mr.  Crainpton  had  coi  responded  with  Ibrt/. 
{I'hi  siiin-K,  p.  <»7.)  It  also  kiu'W  thai  llertz  was  (»niii  dl\  emplovcd  ami 
paid  by  .Mi'.  Howe,  as  the  latter  lias  siiiee  declan'd  on  oath.  (I'ln  sk/x". 
p.  L'LS.') 

.'».  In  his  letter  to  the  Karl  of  Clarendon,  «>f  M.u'vh  .{,  l.sr»i;,  Mr. 
[~>'2't\    Crampton  assumes  that  he  *and  the  inculpated  <!oiisuls  were  tin' 
real  parties  defemlant,  and  then  pnxieeds  to  ai'yiie  (tii  the  furtlui 
a.ssmiiption  that  they  weni  prohibited  from  appearing  in  their  »»\mmI' 
fense.     (T/ .vw/>r^f,  p.  178.) 

r  have  alrendy  commented  upon  and  corrected  the  error  of  fact  in 
volved  in  these  assumpti«>ns,  in  so  far  as  rejrards  the  consul. 

As  to  Mr.  Cramiiton,  he  also  coidd  have  oU'ereil  his  testimony  it'  li' 


YlNCf 

liivvc  (lone  so. 
\\\\*<;  inutcriiil, 

io'lit  iiitt'itiTi' 
in  tln'  riiiU'd 

of  NovcinUcr 
and  otlit'is.  ill 

ll«)  \V»'l't'  ostcll 

(•  and  ('((iisiiliir 

^  .,      , 

iici'd  111  Miinii. 

viimcnl    ol  tlif 

\\Wii:\\  iifl-^  ill 

(.xpt'i'ti'd  li'iiii 

lUlU'llt    of  I.H'ts 

of    ilic    I'liitfl 

\hv  tiuM'  of  tlif 
trs  (lovfriuiii'iit 
had  l)t'«'n  I'l'*  -' 

1)11  tlmt  poiiil. :»' 
lis  li'tti-r  l«  Ml. 
m;ov('1Iiiii<'>'»  liii'l 

MU'llt." 

i(.  s»Mil  :  nor  "i""'^ 
of  appli'dlntlir 

At  Nvliid   til"'' 
m>\t'r  fouiiiiiiiii 

,!;„•(>  in  AiiuuM; 
;o  soon  as  it  liiid 
i,s  wciv  ;iiv«'i>  tt< 
„st  olViciid  niit'ii'" 
,.i;i'in'val  to  Ml 

iiit.-d  States  (iov 

(l It'll/-  wt'iv,  Iviiii 

^■,>(•^^ifnH''d^  ui'' 

|v  of  wind  is  lliii^ 
,.di'd  witli  H.ii.'. 
jllv  employed  iiii'l 
loalli.  (/•/>' ^"i"-"' 

lairli  ;5,  l'^''«'-  ^l'' 
,  ronsids  wiMv  111'' 
In.'  »Mi  tlH'  fuitlM'i' 
in  th.'ii'"^^'"'' 

error  of  fact  i" 

I'onsjd.  ,  , 

testimonv  d  »> 


COrXTKR    CASK    OK    THE    INITi:!)    STATES, 


639 


had  ])Ioa.s»Ml.  If  lu-  sujrjft'st  tliat  ('onsidcrations  of  di|>Ioiiiati<*  <litrnity 
would  pn'vcnt  this,  tlic  n-jdy  is,  that  considcMations  of  diplotnatii-  dijj- 
iiity  slioidd  hav<'  prrvnitt'd  liis  cii^-a^^iiiy"  in  association  with  |M'isons, 
now  said  liy  him  to  bcof  ('<|uivocal  chaiactiM-,  in  the  systematic  \  iolation 
or  evasion,  for  a  pcrioil  of  nearly  six  montiis,  (d"  the  mnnieipal  law  of 
the  I'liiled  States. 

|[t'  well  knew  in  April  that  persons,  in  the  actual  pay  of  his  ;roverii- 
iiifid,  were  nnder  prosecution  in  Uitston,  New  York,  ami  I'hiladi  Ipliia, 
iiiiil  shoidd  then  lia\e  anticipated  that  his  name  would  e\fntn-dly  eonu^ 
ill  question  heldre  tin- courts  of  justice,  all  the  personal  anno\ance  anil 
dtlicr  iiiconveiHeiM-es  <»f  which  he  eiiconnlei'cd  volnntaiil\ .  and  with  no 

n-^ht  now  to  complain  of  the  coiise.pieiices. 
r»i,'il|  *  l*'or  the  r»'st,  the  law  of  nations,  it  is  true,  t  \einpts  Mr.  ( 'ranip- 
toii  from  trial  for  misdemeanor;  hiil  it  idle  for  him  to  snppose 
tliat  Ills  hire«l  a<:ents  in  the  commission  (d'  the  mi.sdemeaiior.  who  are  not 
llu'iiiselvi's  invested  with  diplomatic  prixile^je,  were  to  have  it  ac<-4»rdeil 
to  I  he  111  (it  her  w  ise.  oi'  that  his  participation  in  the  acts  perpetrated  .>lioid<l 
Mitt  cniiie  nndci' olt.M'rvalioii  in  a  coiiit  of  justice  williont  his  Ihmii;;  ahh; 
iK  appear  diiectly  as  defendant  on  the  recor«l. 

r».  Ill  the  same  letter  Mr.  Cianipton   repeats  the  erroiieons  statenn-nt 
that  "the  consuls  were  n«»t  allowed  U)  he  heard  on   tin-   trial  of  llfrlz." 
I't  siiitni,  p.  IT'.i. ) 
1  lia  >t>  alreaily  remarked  on  this  ]ioiiit.     I    add.  that  on  the   trial  td' 
\\ii]Liiier  in    New  York,  pains  were  taken  to  ohtaiii  the  evidence  ol  the 
lutive  ollieial   ayent    of  enlisting;    theic,  ( 'oiisn!    l!arcla\'s  dipnty.  Mr. 
Stanley.  Imt  witiiout  snccos. 
".  In  the  same  letter   Mr.  <"rampt«i!i   reproaches  the  '•  law  oOicers  «d' 
.1  tuit»-d  Stales"  lor  lesortin;;  to  the  aid  t»f  "spies  and  informers"  lor 
ilh  j'loof  of  facts.     (  It  siiitni,  p.  IT'.t.) 
Those  are  desiiiiiations  of  mere  jirejiidice  applied  l»y  Mr.  Crampton  to 
his  own  paid  agents  ami  accomplices  in  tin-  \iolation  ot  tin-  laws 
.V.'7|    of  the  I'nited  Staites.     'It   is  a  very  stranj^e  complaint  to  make 

a.iiaiiist  the '•  law<idi<-eis  tif  the  I'liitcd  .stales." 
CiiiiH's  are  not  to  j;o  nnpiinished  merely  liecaiiNC  the  only  attainaldo 
witnesses  oi  the  crime  wi-re  accomplices  in  its  commi>sion.  If  sneh 
evidence  wcie  t-\clnd«-d.  It  would  lie  impossil>le  to  admiiii-'lci  penal  law. 
Its  t-iiiploymeiit  lielon;;s  to  the  ordinary  ctairsc  of  law  in  (ireat  iWilaiii, 
:is  well  as  in  the  I'nited  Stat«'S. 

The  complaint  is  the  more  jiionndless  in  this  case,  since  the  oiVeiisi* 
wimh  the  parties  had  committed,  and  in  the  commissiun  ot'  whi«-h  they 
ntnl  under  orders  and  with  pay,  procei.'din;.>'  in  the  tirst  instance  from 
till' Ihilish  ininisteis.  wa-^  n<>t  of  a  nature  to  allci-t  the  cre4lil»ilii  \  of  the 
I'iirties  as  witnesses.  Notwithstandiii;;'  tln-ir  pailicipation  in  illegal 
nrniitinj;,  they  vvero  eompetent  and  <-i-edil>le  witnesses,  morally,  and 
iilso  hy  the  ri;;inons  rides  of  law. 
I  omit  all  remarks  till  the  captious  (-omim-ntary  which  Mr.  CramptoM 


iiiak 


I's  in  the  same  letter  iespectin<j  the  Judicial  proceedin;:s  in  tlie  trial 


lint 


/..    That  isdiploniaticmatli'r.     My  present  ohject  is  only  to  speak  of 


""se  passajies  in  Mr.  <'rampton*.«  dispatches  in  whii-h  he  atia«ks  the 
Mxeentive  (lovernmeui  hy  ri  llei-tions  on  the  Attorney  <  ieiier.d. 

''-'*<i  ".S,  In  the  .saiiie  letter  Mr.  Ciamplon  (-ritii-ises  a  reiiiaik  made 
ill  Mr.  Marcy's  letter  tt»  Mr.   />nchanan  of  the  listh  ot   l><(-eiiilH*r, 

l"tli«'  elVei-t  that  whiH'Ver  entices  away  tin'  snhjecis  of  another  state  fur 
,i»ilitiiry  pin  poses,  and  without  its  consent,  violates  its  soverei;:x  rij,'hts; 

iiiil  he  h>undM  the  eriti«-'sm  iiptm  the  assumed  authority  of  the  oii^iiial 


I 


■I- 


■rm 


I 


040 


TREATY    OF    WASIIINCSTON I'AI'KRS    ACCOMPAXYINO 


•rr 


text  of  two  uiit<>rs  on  tlu*  law  of  nations,  who  an^  (.'iti'tl  l>y  Mr.  .Miucy, 
nanu'ly,  Cliiistian  <1«'  WoKf  and  Valtt'l. 

As  tlir  sanu'  antliois,  anil  to  tlu'  sanif  rifcrt,  ha\'('  in  anotln'i- docii. 
nicnt  l»«'rn  cited  l>,v  me,  it  nia\  not  he  iin|H<n»'r  foi-njc  Ihm-c  tosay  tliat  tiic 
error  in  tliis  matter  is  on  tin*  part  of  Mr,  Cranipton.  lie  assuines  (Imt 
tlu^  word  '•'■tifhitiii-lic)',''''  in  N'attei,  is  ine.oiiei'tly  rendered  in  tlie  received 
Enjjlisli  translation,  "entice  away,"  and  alle;;es  tliat  tin'  idea  inteiidcil 
is  "kidnapinji"."  wliicli  lie  infers  from  tlic^  ns«'  l»y  Vattel,  in  tlie  context. 
of  the  word  '^ iihif/iat"'  witli  ecpiivalent  sense,  and  as  tlie  correspondiii'; 
J^atin  word  ^^ phtfiiinii''^  is  used  l)y  WoUf. 

\Vhat  Mr.  i'ranipton  impliedly  asserts  in  this  crifictism  is,  that  thoii^'li 

it  may  be  coiilraiy  to  the  law  of  initions  to  enter  the  territory  of  a  for- 

ei^iii  i^overnment  ami  seize  reernits  there  by  force,  yet  that  it  is 

[r)2J>J    lawful  toenter  that  *territory  and  enti«'e  them  into  tbreijuM  militniv 

HervicM',  without  tlie  consent  of  the  state,  i>rovided   it  be  done  In 

l)pcuniary  or  other  indncenu'nts. 

Tli«  niisi;t>nci;ptioa  of  ^^r.  (3iM!n;)ti»!i  in  this  respivrt  be,i!  )ni  's  inaiiiCest 
by  reterenco  to  the  text  of  WollT,  which  is  ci)i)ied  and  abiid;;e(l,  and 
thus  icndered  obscure,  by  Vattel. 

It  is  perfectly  clear  that  WcjJtl'  intends  by  the  wor«l  "/>/«/// »n/( "  to 
cover  all  the  possible  nu'ans  of  obtaining'  rec.iuits  in  :i  foreign  coaiitiT 
without  consent,  and  t'specially  enticement,  lu'cause,  in  the  passaj^e  in 
which  he  delMies  '•'■  olai/ium"'  and  ;;ives  illustrative  examples,  he  expressly 
includes  acts  of  mer«^  |)ersuasion  or  enticcMnent,  and  also  includes  ntci 
oiKM'  to  such  enticement  in  contravention  of  tlu'  authority  of  the  state. 

Mr.  Cramptoi'  t-rror  in  this  respect  wouhl  hav»^  been  avoided  it  lie 
had  read  and  quoted  the  ivholc  of  the  mateiial  passaj^e  in  Woltl". — {■liu 
(h')itiiiiii,  .sections  7S,~»,  7."»(>.) 

Jbit  the  most  important  erroi'  of  fact  which  Mr.  (Brampton  connnils 
in  this  correspondence,  relates  to  the  ordei-  of  the   IJritish   {jfovernmciit 

for  the  cessation  of  recruitin;;'  in  the  Unitetl  Stat<>s. 
[530]         *ln  a  lett«'r  to  Lord  (Marcntlou  of  Mandi  -J,  1S.">(»,  lie  says: 

A  iii'w  <'li;ir|r('  is  now  ltii>ii;;Iit  nji  aj;;iiiisl  iis,  wliicli  is  mtt  allmli'il  to  in  Mr.  M.iiiv'^ 
dispiUcli  of  ItcccniltiM' •J"',  to  tln' filVct  tliat,  lliou<;li  we  jironiiscd  to  stop  tin-  inriiil- 
nieiit  liv  vonr  nolt-  of  .I'lly  l(i,  we  still  i-ontinui'd  it.  I  vm\  <lis[u'ove  tins  liy  ilocniiiriit' 
ary  testimony. — (I'lipe's,  iit  Hiipvn,  p.  "Jl'J.) 

In  a  letter  to  Hir  (Jaspard  Le  Marchunt  «)f  January  l.'J,  ISotJ,  Mi. 
Cramplon  writes: 

Tliere  is  one  story  wliicli  I  want  your  assistance  in  diniolistiiiifi;. 
1  know  the  assertion  to  lu;  false,  Init  !  wish  to  lni\r  it  under  >tmr  Imnd  that  it  i'*"". 
an  far  as  yon  are  concerned, 

>,'f.  Ciisliin^t  openly  asserts  thai  In'  know-,  and  can  prove,  that  w<'--miii  and  I-  "ml 

on  with  the  led  niliiicnt  lonj;  al'lei  liOi''  Clarendon  s.iid  we  had  lieen  ■     lered  to  sIiijm!, 

'  Now,  how  iire  the   facts.'     Lord  Claiv-ndon   aniionnced   this  to   Mi.    Miu'lianati  in  i 

note  dated  the  IDili  of  .Inly,  a  >  op\  ot  which    I    received  soinewli'ie  altont   the  '.'il  "> 

Aiij;iiHt.     1  iinnii'diatily  teleenipheil  to  I.ienteiiant  I'lvstoii  to  hr.ak  up  his  Mtatioii  " 

Nia;;ar!i,  .and  not  receive  another  iiiitii.     1   know   he  obeyed.     People  who  «<" 

[oltl]     ready  ti'  slmt  *fioin  New  Vork  wen-  stopped.     I  id.so  Kisi    no  time  in  coiinimiii 

I'atiiiji;  with  \oii,  in  casi   yon  shonl-l  not  liave  heard  fitnu  hoi>Mv 

Ah  there  were   no  oilier  places  w  hen-  '^••criiit"'  could  I'e   ix-eeived  ktit  Ni.'inarii  awl 

Halifax,  all  we  want,  is  the  dates  at  w!i:    t  the  last  man  was  receiv««d  fr«»iii  llie  I'liiti'l 

StiitcH.— ( II  miiini,  p.  'S.\'i.) 

Jlerc)  is  extpiisite  confusion  f»f  riiou<;lit  and  of  st;'r<'«i»"it. 

It  is  immaterial  to  iinpiire  whet  her  i  ever  assfitisl  aiiythinj;  of  tlie 
luiture  imputed,  ('ertain  d  is  that  I  can  pioAV  it,  by  the  testimony  ei 
two  competent  witnessi's.  \ir.  <'niiuptoii  and  ?sr  Gfispiunl  Le  Maiclmi't' 

The  .statement  imputed  to  lue  is,  that  the  rrcruitment  went  on  *•  l*»"^ 


COUNTEK   CASK    (»F    Till:    I  NITKI>    STATKS. 


(141 


aiiotlicr  (locii- 
tt)sii.v  tliiit  till- 
'  assuiiM's  tliai 
u  tlu'  vt'ccivcd 
i(l«M  iiitt'ii(lt(l 

II    th«'     (MtlltCXt. 

is,  tliat  tlioiii;li 
•[•itory  of  ii  tin 
t«,  yt't  thill  it  is 
roiviy,'!  luilitan 
I  it  •»('  tloiio  liy 

;  >irt  'S  lu.iuitVst 


„   haii.l  tl>i»t  It  i"-"' 

..-vnu  iiiid  l-«'"' 
...l.-Vcil  to  stop  il. 

Ml ,  Mnchiiniiii  i"  ■' 
:,v  iil.ont  til.'  •i«l"i 
k  ii|>  Ills  **tati"»  " 

,',  t.'uo  in  f.<iiniuii'i- 

a'n.,r  Niiifliivi*  :tii'[ 


tlic'  tcstiiiioi'y 


,ittcr  Lord  Clmeiulon  said  we  (Mr.  CrainptJ)!!  and  Sir  (Jaspanl  Le  .^rar- 
iliaiit)  had  Ihmmj  ordered  to  stop  it." 

Mr.  Crampton  expressly  refers,  in  liis  letter  to  Sir  (laspurd,  to  Lord 
riiireiidoirs  letter  to  .Mr.  I>u(!lianaii  of  the  I(»th  of  .luly.  I  mippose  ho 
illtules  to  thiit  in  the  phrase  quoted,  *'  liOrdC'Iareiidon  said  ire  hsid  been 
milcri'd."  Hut  Ltird  Clareiidou  does  not  say  that,  lie  says,  '•  Instrue- 
lioiis  to  that  ellect  were  sent  out,"  but  does  not  say  when  they  were 
^('llt.  nor  that  tlu'y  were  sent  to  Mr.  <'ranipton  aiul  Sir  (Jaspar<l  Le  Mar- 

ehant. 
'i.5L'|       •Nothing;  particular  was  known  by  me  in  .Lmuary,  l.S."»0,  of  those 
orders,  nor  to  whom  they  were  sent.     Of  course,  I  did  not  speak 
ittliem  as  haviuf;  been  addressed  to  Mr.  Crauiptou  and  Sir  (iaspard. 

No  direct  ol1i«'ial  knowhMljje  of  them  came  under  my  eve  until  they 
wore  referred  to  in  Lord  Clarendon's  recent  letter  to  Mr.  Dallas,  in 
which  it  is  stated  that  the  British  jiovcrinnent  "sent  out  to  i'xnttda  and 
'iiyora  ISi'i}tia,o\\  the  'JUd  of  .June,  l.S.l.l,  orders  to  discontiniU'  all  further 
jiKKredin^'s  in  the  matter  of  enlistment  for  the  f«)rei};n  letjion."  J>ut 
lii'iv,  a},'ain,  it  is  not  said  that  ord'is  on  tiie  subject  were  sent  to  Mr. 
I'ntuipton. 

1  previously  knew,  however,  from  other  sourc;'s  of  iufoi'iuatioii,  tlmt 

oiiliMs  had  issued  to  snmrhodii  under  date  of  .luue  L'li.  l.S."»r»;  and  if  1 

ivcrsaid  anythinj;' on  that  subject  of  the  nature  imputed  by  Mr.  Cramp 

•m,  it  must  have  been  that  the  recruituuMit  <'ontinued  louf;' after  it  ouyiit 

:m  have  ceascil   in  prompt  or  due  execution  of  tin' oiders  described   by 

i.iiil  Clarendon.     And  tlie  fact  is  so. 

Orders  to  stop  recruiting'  in  the  Cniictl  Stales,  dated  in  London,  the 

L'L'd  of  dune,  should  have  rea<'hed   Halifax  the  .Itli  of  .lidy,  and 

VIIJ    \Vasliin;;*ton   the  Sth  of  duly,  by  the  Canard   mail-steamci'.  the 

America. — (National  lnlelli;^encer,  duly  (I,  I.sr».">.) 
Now  let  us  see  how,  when,  and   by  whom  the  recruiting'  was  actually 
-Mppcd  in  the  United  Stajes,  Canada,  and  Nova  Scolia. 

Mi:  Crampt(m  expressly  says  in  the  letter  before  me,  th;ii  he.  not  Sir 
i.iiiiiaiid  Head,  j;ave  oidcrs  to  stop  the  leception  ol  recniils  in  (';inaila, 
IV  tt'lc;,n'aph,  dated  •'somewhere  about,"  tiiat  is,  »n.'  until  nj't,  >•  titr  '2(1 
■'' Aiijiust :  he  implii's,  but  does  not  distinctly  say.  thai  at  the  same 
iiiic  lie  sent  «)rders  to  the  sanu'  elfect  to  New  VorU.  and  that  he  com- 
iiiuiiicated  with  Sir  (Iaspard  Le  Marchaiil. 
Thus,  up(»n  his  own  declaration,  the  recruit  in;;'  was  in  fact  <'ontinued 
'V  Mr.  Crampton  servnti  inrh:s  after  it  oiiu'ht  to  iia\c  ceased,  accordin;*' 
ilhi'  intention  of  Lord  Clarendon. 

Tiu*  nnittcr  stands  yet  worse  on  the  derlaration  of  Sir  (iaspard  Le 
•laicliant.  as  it  appears  in  a  letter  of  his  dated  lanuary  l'.».  is:**;,  writ- 
'•'11  in  reply  to  .Mr.  ( 'ramplon's  letter  of  t  he  l.'ith.     !  le  says  : 

My  iiistni('ti4»ns  on   tlic    siili.ji'ci,  tin-  inil\    iii-.liiicli(iii>  tliiil    I    riMcivcd    I'litiii   any 

sonici',  ^V(■^^•  fonvcvcil   in  two  iii>ti-.H  dati'il  ri'.spi'ciivi'Iy  tlii!  ")tli  ami  tin-  Klili  ot 

'II  Aiiiiust  last.  Itiilli  of  wliitli  iraclii'd    'iiii'  alioiit  the  same   tiiiir,  tlii>  lirst    !i\   tlio 


lanil-ioiiti',  tlii' M'coiid  tiy  tlif  Ciuiant  inail-'^t  'ann'r. — <  I't  nii/irn.  [lvJ.?!' 


lie  alt 


ill'  not 


erward  states,  in  the  same  letter,  that  llie  linn 


whfi 


I  lie  I'eccrxea 


Th 


es  was  the  ITtli  of  Au;.;ust. 


esc  two  m)tes.  i'l  is  implied  i)v  oihi-r  parls  of  Sir  ( iasiund  s  letter, 
'•'I'l'  IVom  Mr.  Crampton  ;  an. I  they  weie  tiie  only  insi ructions,  Sir  Cas- 
'"'il  says,  wliuth  he  received  from  any  soun  ; .  That  is  to  say, the  whole 
I'lMiii'ss,  l)()th  in  Canada  :iml  in  Nova  Scolia,  as  wfll  as  the  Cnited 
^'iti's,  was  under  the  superintendence  of  Mr.  Crampton  alone;  ami  tliei 
Hsou  t!u'  subject  from  the  liritish  ji'overnmeni  went  t(»  him,  not  to 
II  A 


'M'^>;.Ji 


I'TI 


<i42 


ll.M'.AIV    oF    \VASliIN(.|(»N I'AIT.Ii'S     A(  (  •  tM  i'A.\  VI  M  I 


y-y0 


■1l 


m 


i\fl 


■a:  r:- 


ib 


Sir  iJliiiiiiKl    liciMl  (»r  lo  Sir  (liispiird  he  M;ir('li;iiil.    'J'lii.s  t'iict  it  w  ill  i  ■ 
iiiiitt  riiil  to  I'ciiii'iiilici-  in  tli*'  s(M|iu'1. 

it  is  !ils<»  pioNcd  tliiit  liii-  (iiitr  of  .Mr.  CrMiiiptoii's  oidcis  was  ilic  ."/!li 
of  Auju'iist  :  wliicli  concspuiiils  witli  the  fact  thai  tlic  latest  ad  t,\ 
ifciuitiii.L;  i»i»>\r(l  oil  I  he  trials  was  of  tlM'.'>tli  of  Aiijunst. — (  Mr.  McKcm'- 
h'ttcv  to  Mr.  ('u>liii!;i.  Ks.  Doc.  Senate.  "I  Itii  ConjiTi'ss,  lirst  sess..  NH. ;;:, 
p.  ST.; 

Tims  far  \\v  jaoceed  on  (he  asNiinijition  that  not  only  Sii'  (laspaid  I.i 
Maicliaiit.  lait  Mr.  Craniplon,  ne\'er  received  aiiv  ilirect  eoimnmiieatidi, 
of  t  lie  order  ol'  .lime  I'L' :  that  the  only  kn()wled«ie  Sir  (laspiiri; 
|.').'>.'>]  had  of  it  was  thron.^h  Mr.  ^('ranipton;  and  that  the  only  kiinwj 
ed;;e  .Mr.  <'ranipton  ever  had  of  it  was  Uy  the  incidental  icferciici 
to  it  in  Lord  Clarendon's  letter  to  Mr.  I'>iichanaii  of  the  Kith  of  .liil\,:i 
<'opy  of  which  was  reeei\(d  i»y  Mr.  ( 'lanipton.  at  Washiii'^ton.  on  tin 
I'd  of  Aii^^iist. 

Is  that  pos.siltli' .'  Can  it  lie  that  the  lorei<;ii  olliee  of  the  I'liitii! 
Kin;;(loin  thus  <'ariies  on  its  hnsiness  .'  'I'hat  .Mr.  Ciainiiton  was  Icl^ 
by  Lord  Clareiiilon  to  discoNt-r  the  existence  of  snch  an  order  thr(iii;;li 
the  indirect  channel  of  his  own  letter  to  Mr.  lliichanan  .'  It  is  no!  |mi- 
silth'  ami  is  not  the  lact. 

On  the  -'2i\  of  .Inne.  1S")."».  I.nrd  Claremloii  adtlre.ssed  to  .Mr.  CraaiiitiH 
the  follow  inu  letter  : 


'  r.Mliirl.' 


I"<ii;i.i<.N  <>n  It  I..  .A 


IIIK 


]• 


1  riililliiailicMtiW   lo  llir   \\;ir  ll('|i;il  ll'U'lll     Ml.   l.llllllrv's    (!is|)at''ll    <>t'tll<>    'ilst    llllillK 

iinl«»iii;; copies  (if  liis  (■()iri's|i(iii(|('ni'-  witli  tier  .Miijrslv's  ('(nis;!]  ;it  .MdliiJc,  willi  iv 
fi;\\f\  111  nil  (illcr  itKuli-  liv  :i  I'oii'.  rt'sidfiil  ih  lliat  rity.  In  riilist  scvt'i-iii  (if  Ijis  riiiiiitr 
iiu'ii  liir  llcr  .Mil jest v's  l'or('i;;ii  lc<;i<ni. 

I  li:ivf  lii'i'ii  iiiloi'iiii'tl  liy  i.iini  I'iiiiiiiiin-  in  i'('|i!y,  tliai  Iiis  Inrilsliiii  \vi>lii's  all  I'imiIm 
|ir<H'i'('iliii;;s  ill  tli<-  iiiattri  of  fiilist  nit'iit  t<i  III-  staycii,  and  tin-  pidji'it  to  lie  iltliniiiM ' 

aliaiiiloni'il. 
['M'>]       ('orir.H|i4iniliii^    iistiiictioii>  to   ilic   Li<iv<'riioi-';j;('ii<T:il  oC  ('■•iiiafla.  iind  To  tin 

lii'iit<-iiaiit-;;i>\frii!.'r  of  Nova  Scotia.  \\ill  In- dispan-iied  liy  tlii..  evi'iiiiiyV  niiiil- 
(I'llprrs.  ((/  "iiinti,  .No.  'J;j.  ]i.  Hi.  i 

Now  comes  the  (piestion.  why  were  not  tlu'se  <irders  executed  l)_\  .Mr. 
Craniptoa  '  ll(»\v  did  it  Inippen  that  they  never  reached  Si-  (laspan! 
I."  Marchaiit  :'  Thai  they  iievei-  <lid  veacli  him  iscleai',  for  the  _/fr.s7  iiml 
only  msli  net  ions  he  e\«i  receiv«'d  on  the  sidtject  were  iVom  Mi'.  Craiii|i 
ton,  under  date  of  the  «!lh  of  Anynst.  I5iit  what  Itecame  of  Lord  Cliir 
eiidon's  letter  to  Mr.  Cranipton  ol  the  I'-d  of  .luiie  '  That  letter,  as  ii|i 
petirs  on  it.s  face,  lelt  l"]nj:liind  li\  the  steamer  of  tlu^  L'.'WI,  the  .ViMcricn. 
whose  mail  was  in  \N'asliiiiyton  the  Sih  ol  ,Inly.  Of  coiir.se  .M.r.  Ci;uii|i 
ton  persisted  in  the  enlistment  business  for  about  one  month  idler  tin 
receipt  "I  e\pr<'ss  orders  lor  its  cessation  directed  personally  to  liiiii  l'> 
the  1°  III  of  Claiemhui. 

What  In  r  line  of  the  oii!er>  disjiahiied  by  the  same  mail  to  Sir  (i;b 
pard  Le  M.irchanl  .'  Ol  that,  no  cNplaiiation  appears,  lint  the  siiltjcc 
has  another  bearing',  of  deepest  importance  to  the  <;ood  luiderstaiidiii: 
ol   tlu'  rnile<l  Slale>  and  o|  <ireat   Ibitain. 

.Mr.  Cramptoii  lelt  Washiiiuttm  on  the  I'd  ol   .M:iy,  ls;i,"i.  to  attend  i 
the  iceiniiiii:;  buMM*  >.H  in  Canaila  ami   ^'ova  St-otia. — {('I  shjiik 


xr, 


pp. 


He  leturiied  to  Washington  t»n  the  '..'d   ol  .liii" 


viid  there  he  r«  niaiiied  <luiiiiu  tin/  month  ol  .Inly. — [Ct  <■"/'" 
jip.  LiL*,  \:\'2.)  Why  did  he  not  o!»ey  the  orders  ol  ins  yoverniiieiit. :! 
communicated  in  Lord  i'laremlon's  letter  of  the  L'L'il  of  .luiie,  and  i>iit ; 
.stop  to  recruit iny  at  once  on  thestli  of  .Inly,  instead  ol   waitiii;^  nii" 


sfiU't  it  \''illi" 

t'vs  \v;is  ilii'  ..til 
.  latest  iicl  Hi 
-(Mr.  Mi-Ki'nn"^ 
j^st  si'ss..  Nti.:;:! 

Sir  (liisi>;uil  1.1- 
coinnuuiiciitidi, 
„,.  Sir  C.Msimi'l 
'the  »>Hly  l<nu\vl 
idciitiil  rclfwuci 
(.  Ultli  nf.1uly,;i 
sl\iii;At"ii.  oil  \h 

,.  o\  t!u-  linUMi 
iiinil)t»)ii  ^viis  IcH 
i,,\  onitM-  t!in!n;:li 
I,  .'     It  is  \\o\  Ito- 

to  Mr.  Critiui.ti'i, 


1 1  I.  r,  •'"'"  ■•-•  '■■■" 
1,  of  tl..'  -ilst  n}li»i' 
.,1  .it   Molnli',  witliiv 
;,.v.'i-al  of  liis  '■«'""": 

.hi,,  vvi>lusi.lllV.vtl.r: 


IS  cxt't 
•iH'il  Si- 


Htt'(\   1>>  -^*' 


("liispan 


.V  tor  tlw  ./"■■"* 


f  aiul 


iroiu 


Mr.  rramr 
r  L(»nl  t'lai 


That  lottrr.  :>s  111' 
•';;(».  tin'   AiMtruM. 


coins* 
lie  nioii 


M.r.  ("ramv 
th  attcr  tl 


MKillv  »•» 


IS( 


IC    lllill 


\\\\\\ 


1  to  Sir  t '<■■»■> 


iixl  muU'i'^t 


»>>(lii''- 


IS.V).  to  atK'i"' 


S»»>l»a.— i 


—{I'l  ^"\"'' 


V\\ 


t\u< 


.^l   ,,\  .litrn' 


(•(irN'IT.Iv'    CASK    <>!'    Till:    IM'n'.li    -TATI'S. 


(14: 


the  .'(111  <»r  Ail;;nsf  .'  lie  wns  i'oictd  to  ;ict  (»ii  tin-  r»tli  of  Aii;;;ist.  lie 
.aiisc  till' orders  of  rliiiir  L'l!  liad  I  licii  ciiiiir  tu  tlic  I<iio\vl"(!n('  of  tlii^ 
CovcriiiiK'iit  tliroiiyli  Lord  Clarciidoirs  li-lli-r  to  .Mr.  liiicliMiiaii.  W'liy 
(lid  III'  not  act  sooner  .'  It  is  not  tor  nic  to  answer  lliat  (piestioii.  The 
iiiiswer  may  I>e  inlerr-'d  iVoni  tiie  l:iets  ;iiid  cirt'iini^liiMces  t-xitn-cd  liy 
the  Seeret;iry  of  State. 

Tlie  iiiiporlimt  eonsider.ilion  iieic  is.  lliat  tiie  (Miidiiet  ol'  Mi'.  ( 'lanijt- 
iitii  in  re.'j^ard  to  tlial  letter  ol'  Lord  < 'larciuioii's  is  tiie  itroxiiiiate 
(•aiis(>  ol'  all  tlie  serious  cmitiox  crsN  Itel  ween  i  he  two  ^;o\ci'Miiieiits  on  the 
-ijibieet  of  enlistineiit. 

.Mr.  Marcy's  second  letter  on  t!ie  siihjeei  is  dated  .!iily  1 '•.  is.").',,  lie 
had  called  the  attention  ot'  "\Ir.  Unclianan  to  the  siiltject  liy  si  itie\  ions 
letter  of  the  Utii  of  .Inne.  Von.  sii-.  fell  eonstraine<l  to  ijirect  the  Sec- 
retary of  State  to  repcjit  the  complaints  ol' this  (Imcrniiieiit  sosoon.nnd 
without  waiting'  for  :i  r(>pl>  t<t  the  lirst  comninnicai ion,  in  eon^c- 
J.'iSj  (|nenee  of  the  ;i))piiri'nt  ly  increased  activity  of  the  reernit'in;^'  l>nsi- 
ncss  in  tiie  interxal,  and  (•specially  in  tiie  month  of  .Inl.v.  Il'  Mr. 
('raiiipton  had  obeyed  the  orders  which  he  received  on  the  sih  ».f  duly, 
liy  puttin;;  an  instant  stop  to  reeriiirmcnts  in  the  1  iiited  States.it  is 
]ii(ilr,d)le  that  either  no  occasion  W(tidd  ha\caiiscii  I'orihe  dispat<'li  ol 
Ml'.  Marcy's  letti'i'  of  ih('l."tth  of.Iidv,  (U'  at  any  rate  it  would  have 
lit'cii  dilVerent  in  tcnoi'.  And  in  the  se(|iK'l.  when  l-ord  Clarendon's  let 
itrof  the  Kith  of  duly  arrived,  the  j'xplanations  contained  In  that  hd 
w\;  coupled  w  ilh  the  tact  of  the  actual  cessation  of  tlie  I'ccnii'inu  early  in 
•Inly,  mi";lit  ha\i'  sidhced,  in  your  opinion,  to  |ustii'\  this  (iovcrnmeiit 
ill  not  pnrsnin.u,'  the  matter  any  further,  and  so  have  ended  the  ,|iie--tion 
as  between  tiie  two  ,t;-ov<'rnmcnts. 

On  the  recent  occasion  of  Mr.  <'!ampton"s  omission  to  oltes    Lord 
Clarendon's  iiistnictions  to  conimmdcate  his  letter  of  the   l(UlM)f  No 
vcmber  to  ."Sir.  Marcy,  his  act  of  noncompliance  with   inslrnctions  in 


.\uh.-('"'  •^■"'' 


Ml. 


US 


.j^^uvcrnim 
of  .hine,  ami 
d  id'  waitiit;: 


lit.;', 
nil' 


tliiit  r 


cspcct,  ncjiliyencc.  misjiidiiincnt,  or  w  iiatexci    else   it   nniy  have 


liirn,  was  .somewhat  sin;j;nlar,  especially  in  view  of  Ids  own  condition  at 
tliat  tim<^  as  a  ininist«s'  nnder  I'cipiesl  of  ri'call  Itecanse  of  his  i>einj; 
iiiiacccptal)le  to  the  I'lutetl  States.  It  was  prejndicia!  to  hotli  countries. 
lii'cause  it  .served  to  i)lace  this  (lOVCM-nmcnt  in  a  fal.se  position   with 

resjiect  to  the  snitject -matt  croft  he  dispatch,  the  <|  nest  ion -if  ( "cut  raJ 
Vl'.l)    *Anu'rica.and  thus  tocanse  Lord  I'almerston  an  1  Lord("lari'n<hm 

to  ji'o  Ixd'or*'  I'arliament  in  Fehrnary.  nnder  incorrect  impression.'. 


.Jiai'diii}''  tlie   attitude  of  the   I'nited   Stati 


That  was  an  evil,  Init  a 


'parahle  one.     in  the  pr<'senl  case  the  evil  was  iireparahle.  liecanse  ol 
lio  new  e\ents  which  occurred  to  coniplicale  the  (|iiestion. 
On  the  Sth  of  -Inly  this  (iovernment  had  no  knowledge,  although  il 


),\  H'"'vni  to  !ia\('  suspicions  (tf  the  deep  complicity  ol'  Mr.  <  'rampton  in  the 
l^vsti'iiiatic  violation  «d'  the  laws  and  the  sovereijun  rights  of  the  Lnited 


htati's.     Of  comse  no  steps  hail  then  hern  taken  lookin;^'  to  the  demand 


p.ul  the  suh>''  ■    I 


'1'  III 


s  recat 


Mi.C 


I'.Hii  li'i-civinii  Lord  ClareiMhin's  leltcrof.inm'  L'L!,  on  the    ihoi  didv. 


pt'ii* 


ampton  had  ,u'one  immediately  to  .Mr.  Marcy,  and  shown  him  that 
I.  with  proper  assurances  that   orders  had   actnallx  i)een   uiven  to 
^ii»|iall  recruit  in. iz",  \\t)nld  not  the  communication  have  produced  in  the 
"ikI  of  th<^  hdt«'r  suidi  conviction  of  the  loyalty  of  Loril  Clarendon  in 
111' niaitei-,  as  to  have  indnced  him   ind  only  to  ad\i>t'  that  what  there 
litcn  ol  iiicon\-eiiience  in  the  action  of  the  iJritish ,:,.,\ernment  should 
["'iivcrlixdvcd,  hut  also  to  stilie  his  j-'rowinj;' suspicions  «)f  .Mr.  Cramidon  .' 
l'<'annot    Init    think    so.      In    vliich    e\eiit    the    indications, 
which  were  ia'j;ijinin,';' to  appear,  of  *  .Mr.  Crampton's  prominent 


;       i 


(iU 


rWKATV    or    \VASIIIN(iT<>N I'M'KUS    ACCnMI'AN VINc 


iilt 


,1. 


.*'••!* 


piirticipation  iti  tlu;  ciihstiiMMits  would  not  liiivc,  hccii  (ollownl  ii|i 
ill  'inly:  the  proof's  of  his  (■oin[ilicit,v  would  not  liavo  comki  iu  todi'inaiid 
coiisidrration  iu  AuH;nst;  tlitMC would  have  (rased  to  be  oeeasion  for  the 
demands  made  in  Mr.  Mare.v's  letter  i»f. I uly  ]r*,  and  iu  that  of  Septenilicr 
."» ;  tlu' Judieial  proceediii;;s  of  September  an<l  of  October  mi^^^ht  have 
bei'U  dispensed  with,  and,  in  a  Mord,  all  whieh  there  has  i>een  of  injtiit 
inj;  or  «'nd>arrassiny;  ill  the  <piestion  eould  hav«^  lu't'u  rHeetually  s.ivtMJ 
both  to  (Ireat  lUitain  and  to  the  United  States. 

In  \k'\\  of  all  whii'li  hen'in  app<'ars,  I  venture,  sir,  to  e.\i)ress  tln' 
hope  that  you  will  be  satislietl  that,  i'  it  happened  to  me  in  .laimarv 
last  to  say  to  3Ir.  Craniptoii  or  to  anyoody  els(»  that  the  recrnitnieiits 
did  not  eeas*'  so  soon  as,  in  reference  lo  tin;  tlireetions  of  Lord  Claicii 
don,  they  oiij^htto  havedone,  1  saidwhat  is  true,  and  is  incontroverlihjy 
established  as  fact  by  the  declarations  of  Mi-.  Crampton  and  of  Sir  (las 
]»ard  J.e  ivrantliant,  and,  in  addition  to  that,  by  (;onsidcration  of  bnni 
ClareiMhrn's  letter  of  the  L'l'd  of  .Iiine.  coinmuiiicatinj;  the  oii.i;iiiaI  order 
to  !Mr.  Crampton. 

I  observe,  also,  in  ihc  same  colh'ction   of   ••papers."  a  letter 
\'t-i\\    from  liord  Clarendon  to  Mr.  Crampton,  *  of  the  Sth  of  l-'ehruaiv. 
isrw;,  wliich  betrays  the  existence  of  erroneous  impressions  leyard- 
in^  lay  i-elation  to  the  Jiidiciisl  i)roceedinj>s  at  Philadelphia. 

lie  assumes,  anil  then  i)roceeds  to  draw  inferences  fiom  the  assiiiii|i. 
lion,  that  my  instructions  of  the  iL'th  and  17th  of  Septeml»er  to  the  (li< 
trict  attorney  of  ICastein  I'eiinsylvania.  were  published  ••a  few  (i;i;,> 
before  the  trial  of  llert/,  at  Philadelphia,  took  idace." — ( (.'f  \>iiin(,  \>. 
1(57.)  That  is  ;in  error.  Tlie  letters  \\ ere  not  puiilished  initil  allei- tin- 
trial. —  ^^Papiis,  nt  .snju'd.  p.  KMJ.)  Of  coursi^  all  the  lelleetions.  fouiideil 
on  the  opposite  supposition,  fall  to  the  <i,ronml. 

The  I'.arl  of  Clarendon  proceeds  to  build  up  another  series  o|'  rellec 
tioiis  ami  imputations  upon  the  siijr,ii«'stion  that  the  instructions  to  the 
district  attorney  of  Masteiii  Pennsylvania  were  my  own  individiiiil  act. 
That,  of  course,  is  an  erroi'.  It  need  not  be  said  to  yon,  excepl  tortlic 
jturpose  v>f  thus  (ixinj;'  the  truth  of  history,  that  neitlier  the  «lis|tateli  ni 
the  instructions  ill  iiuesfiuii  nor  any  other  important  step  in  tlie  Imsi 
ness  was  taken  without  express  authority  of  the  Semctary  of  Stale  iiml 
Hie  President. 

In  a  W(U'd,  thu-e  instructions  were  an  act  in  the  due  course  of  <loiiiestii 
administration,  as  to  which  the  only  tliiiijLi'  reniajkable  is  tli;ii 
i.">iL'j     *they  should  have  lieeii  niadi'  the  subject  of  remark  by  a  liireiu!: 
;i<)vernmeiit. 

Hut  any  ilisposilioii  wliitdi  mi^ht   t.therwise  be  entertained  by  iiie  In 
coniiiient   at   more  leii^-lh  on  the  letter  of  the   I-'arl  of  Clareadoii.  \- 
remo\-ed  by  perusal  of  the   letl«'rs  of  Mr.  Cranii>ton  in  this  colleetidii  m 
do«'iiiiieiits,  and  in  the  ''correspondeiu'e  with  the  Inited  States  rcsjier; 
in;;  Central  America,"  likt^wise  recently  ju'esented   to    Pai'liameiit.    M.\ 
•previous  \  iews  ol' the  action  of  the  ICarl  of  Clarendon,  in  matters  ali'tc; 
iiijK  this  eonnlry.  hav(^  undergone  material   inodilicatit)n  by  tin- kiio"! 
eil;;e  now  ac«piired  of  the  cnriosti  /'rlirltd.s  of  the  Ilritish  minister  in  lii 
l)eipetration  of  mistalces,  and  the  very  inexact  representations  wliiclili' 
Imbitually  madi'  re.y,ardin;;  the  conversations,  ojiinioiis,  and  purjioscsd; 
individuals  in  tlu'  execiiliv*'  ami  in  the  C(Ui;4ress  of  the    Cnited  Statrv 


'X-' 


J  ha\e  ilie  honor  to  lie.  veiy  resi)ecf lully, 

The  PinuSIDHNT. 


C.  CUSIIINT. 


corxTKif  CASK  or  Tin:  rMTKi)  statks. 


04*) 


'.'(l.'ll  * ,l/<'.s,svf//<'  of  thv  I'lrsidiiit  of  tlir  Cnltvil  Slulvs,  loiminntinilimj  to 
('(nif/rcNK  Inf'ormafinn  that  lir  liinl  ridNnl  to  Inthl  liifrnniirsr  trith 
ihc  citi'oji  i'.rtraonliiioni  and  ntiitlstir  i>lniiin)finti<iri/  of  Iln'  Mtijcufi/  the 
tfucvn  of  the  f'nitcil  Klnf/iloni  <>/"  (irrtif  lirittiin  miil  Irrhanl  iinii'  this 
(loi'cnimcnt,  iritli  tlir  consiflmttiinis  of  jiithlir  diiti/  vltich  luirr  liil  to  this 
mciisun',  ami  the  dociniinits  trlatituj  th-iu'tn. — (iSVr  Sinalc  d(U')n>uni'<.  •'»  \tli 
('(nn/irss,  ]st  sesNion,  K.c,  Ihtc.  SO.) 

/'()  tliv  Siiiatr  and  House  of  I\('in'rsrnta tires  : 

1  liiivc  ('(>ii.sc(l  to  lioltl  iiitcrcmnsc  with  tlic  riivny  cxtiiiDidiiuirv  ami 
iiiiiiisfcr  |»l»'iii|n>t('iitiary  of  Mvv  Miijt'sty  tin*  (ihiccii  ul'tlic  CiiilcMl  Kin;;- 
doin  oi'  (iirat  Itritaiii  ati<i  IrdiMid,  near  this  (iovrniiiKMit. 

Ill  makiiifj;  roiniiimiiiMlioii  ofthis  fact  it  has  liccii  dcciiicd  1>\  iiic  propcM" 
also  to  lay  Ix'f'orc  ('oii;;r('ss  tin'  ('(Uisich'ratioii.s  of  iinlis|)ciisal»l«'  jmltlic 
duty  wlii(*h  have  led  to  tli)>  adoption  of  a  iiM>asiir(^of  so  iiiiu-h  iii)|)or- 
lame.  They  appi'ar  in  llic  doi'iiiiKMits  lii'i-cwith  liMiisinitti'd  to  both 
llousrs. 

I'llANKMN   riKKM'i:. 

Wasiunuion.  Mai/ '2'.),  is."ii;. 


,    CL'f^niN*" 


iH 


*  Mr.  Dallas  to  Mr.  Marri/. 


iloii.  \\ M.  L.  Mai;('\  . 

t^errefari/  of  Shih 


<;.  .M.   I>AI,L.\S. 


Mr.  hnHas  to  Lord  ('hirnidon. 

*  LiiiiATio.x  <>!•   iiir.  IMiKi)  Staiks.' 

Mail  !.  is.'.ii. 

liii'  iiiidi'i'sifiMcd,  «'iivoy  rxtraonliiiary  and  iiiiuisti'i-  ph'iiipolciitij'.ry  oi 

tlic  IJiiiti'd  Slatt's^  has  the  honor  to  acknowli'd^c  the  receipt  yes 

'!"'|   terday  of  a  note,  (lat<'d  on  *the  .'illth  of  April,  IS.Ii;,  iVom  th(>  ICarl 

of  ClJirendon,  Her  Majesty's  priiieiiial  secretary  of  state  for  for- 

'^iiiilVairs.    This  note,  pnrpdrtinji;  to  hen  reply  to  the  statements,  views. 

l"inliii^iiiiuMits  contained  in  the!  dispatch  addressed  hy  Mr.  .Marcy.  the 

p'Ti'tary  of  vState,  to  Mr.  Diichiinan,  the  predecessor  of  tln^  nndersi-jne*!, 


■'•fi; 


<;4)! 


ii,m;ai\   or  \v.\MiiN(.r(>\ — i'ai'i:i{>  A(co.MrANvi.\(i 


«ni  I  lie  L'Siii  ol'  Dcci'iiilnr,  1S.*,."»,  ;i  (•()))>•  nl'  wliicli  dispiitcli  wiis  !<  Ii  witli 
the  I'^iiii  1)1' ('larciiiloiL  on  liic  L'ilili  oi' J;iiiii;ir.v,  lsr»i»,  wikI  |iiir|M)i|ii|u 
also  to  si't  loi'tli  iitlilitiiMiiil  i-r.isoiis,  with  (lociiiiiciits  and  iillltlavits  mi! 
lu'rctol'orc  coniinunii-alcd  to  tlir  Ainriinin  (losrrnincnt,  iin|M'ac|iiii<,'  the 
vci'ai'ily  ami  moral  standin*;'  *>['  ilic  piinripid  witnt'sscs,  priiscciitjiiM 
ollicoi's  and  otluMs,  connected  witli  tlie  Judicial  inv<>sti;>ation.s  had  on 
the  ])roce(>din;:^'s  within  the  limits  of  the  I  nitcd  States  to  elVcci  tlir 
enlistment  ol' soldieis  lor  the  l>i itish  ainiN ,  it  will  Ite  the  j-are,  as  ii  is 
the  duty,  of  the  undersif;ned  to  transmit,  in  copy,  to  Mr.  .Marcy  liv  ilic 
steamer  of  Saturday,  the  .'!d  instaid. 

Till'  undersi/^ned  having  received  no  instructions  which  aulhori/c  his 
intert\'rence  with  the  correspondenci  on  the  sui>ject  of  the  l']arl  nl'  Clar- 
endon's note,  withholds  any  oI)sci'\  ali(m,  and  he  he^^s  his  hudsliip  to 
accejit  ilic  renewed  assurance  ol' his  iiiij,>i  (listin^iuished  considcralidii. 

("..  M.   l>A!d,AS. 


.".4(} 


l.iHil  ("((iriiuliiH  to  Mr,  l>(iliis. 


\'\niv.\r,\  Oiiici:,  Ajn-'il  .'!0,  I.s.')(l. 

'I'lie  nndeisi'^iicd,  llcr  Majesty's  principal  secrclary  ol' stale  lor  lui 
eiji'ii  ali'airs,  had  the  honor  to  recei\t>.  on  llie  li'.Mli  (tf  .iaiiiiary,  lioiii  Aji. 
iliichaiian,  envoy  c\i raordinary  and  miiustcr  pleiiipolentiary  i;!'  the 
I 'nitcd  Stales  at  this  c(»nrt,  a  copy  of  a  dispalch.  date(l  Ilic  L'Stli  of  tiic 
l>rc\itms  Dccemher.  adtlrcsscd  to  Mr.  Ilnclianaii  l».\  Mr.  Marcy.  Srcic 
tary  of  State  of  the  I 'nitcd  States,  contaiiiinn'  oliservatioiison  a  dispatch 
which  the  undcrsi;^ned  had  directed  llcr  .Alajcsly's  minister  at  Wash 
iiij^ton  to  cominnnicate  to  Mr.  .Marcy.  .Mr.  Marc\'s  dispalcii  was 
in  coiiti!iuati(m  ol'  the  dis('u«;sion  which  had  liceu  some  time  pciidiiii; 
hetweeii  the  two  governments  tni  the  suhjici  of  the  conduct,  which  was 
alleged  by  the  (loveiiiincni  of  tin  rniletl  Stales  to  have  hccii  pinsiicd 
l)>  certain  of  llcr  Majesty's  olliccrs,  in  ,:j,i\iii;;'  elt'cct  to  the  inlciilioiis  ol 
llcr  Majesty's  j;overnmcnt  to  receive  into  the  mililary  service  of  the 
(^>neen  any  persons  who,  comim;-  from  any  tpiartcr  into  llcr  Majesty's 
dominions,  mi^iht  then  he  willing' to  cu;;i;  ue  in  that  s<'r\ice. 

The  iindcrsijiiu'd  has  hitherto  deferred  rcplyin.i;  lo  Mr.  Marcv's  dis 
patch.  Hot  only  hecanse  it  was  more  coiisisjciit  with  the  respect  wliich 
Jler  Majesty's  >;overnnient  enlcriain   to!'  the  I 'nitcd  .States,  tlioioii^lilv 

to  inipiire  into  the  aile;4'at i(ms  conlaiiicil  in  if,  hut  also  because  ii 
(olTi    was  just  and  ri;:lit  towards  llcr  Majesty's  ^olliccrs  whose  coiidiict 

was     impn<i!ie<l   to    jMit    them    in    possession    of    the    cliar.U''^ 
brought  aj;ainst  them,  and  to  jiive  them   that   oj>portuiiity  (»f  e\pliiii;i 
tioii  and  (lefense  whiidi  was  then  for  the  first  tiim^  all'orded  tlieiii. 

The  undersiyiu'd,  before  he  adverts  to  .Mr.  ."Nlarcy's  last  dispatch.  inii.M 
exjiri'ss  his  deep  re^iret  that  the  (loverumeiit  of  the,  United  Statt's 
should  liave  deemed  it  necessary  to  coiitimie  a  cimlroversy  on  a  »|ii('s 
tioii  which  yiv.  liuchanaii  cousid<'red  at  the  time  would  be  linally  set 
tied  by  the  note  of  the  undersi<;iied  of  tin*  l(!th  of  .July.  IS,").")— a  iiolc 
which  .Mr.  Jluehanan  said  he  would  transmit  with  much  satisfaction  t" 
his  (Joverument.  The  undersi;.;ned  had,  indeed,  hoped  that  that  iiotr. 
together  with  his  subseipient  communications  of  the  L'Tth  of  i^'T 
toinber  to  .Air.  IJiiclianan,  and  of  the  Kith  of  November,  thr()ii>;li  .Mi. 
Crampton,  to  the  (lovernmeut  of  the  L'liited  States,  would  have  hi'i'ii 
accepted  by  a  friendly  {j,overnm(;ut,  such  as  that  of  the  United  Stati's. 
as  a  (lisclaiiuer  of  any  inteiilioii  to  give,  oli'cnse.  and  as  a   satisfaclion 


IS  let  I  Willi 
jmritorlm;: 
"nliivils  iiii; 
•■.H'liiii;;  llic 
inoscciiliii;: 
oiis  1r.it\  (Ml 
,   flVrcl   llif 
•art',  i>^  it  i» 
iircy  l».v  tlic 

luthori/.''  !ii> 
iCnrl  ol'  Cliii- 
i  lonlsliip  t(i 
i)nsi(lt'»:>li<'ii. 


coi  .\ri:i{  (  Asi:  ni'   rm:  i  \rir.i»  siaii.s. 


lir 


•;7  :U),  is."(i. 

stiilc  l«iv  lov 
iuy.  tiom  Ml- 
itiiivy  of  ll"' 
,,.  -jstli  *•!'  ill'' 
M;ncy.  SiTif 
(Ml  ;i  tli-^ltii''''! 
sicr  ;it  Wiisli 

(lisimtrh   \\;i> 

tiiiu'  iu'iiiliii;i 
net  wliicii  \v:i> 

hri'U   Itiirsuctl 
iutiMilioiis  ol 
I'  till- 


-rvH'i'   o 
iSl.T  Ma.H'st: 

Ir.  Minc\"s  <l 


)l'C 


w 


tlioroi 


liicli 

l-lll.V 

jlso  \)cc;iusi'il 
IvliKSC  cdiuUk'I 

[v    of  ('Xl'lill'^' 
,1  tlu'MI. 

llispatcli.i""'^' 
nitiMl  StiUo 
lisv  on  ;»  M>i«'"- 
!,>■  liiiiilly  si't 

;itisfadioi>  to 
ll.at  tliat  n"t.'. 

-Till   •)!•  >''l' 
1  Ml. 


,  thvonn' 
jltl  luivf 
llnitca  States. 
L  satistai-tu»" 


till  any  oll'iMisc  wliicli  ttial  (ioM-i  luniiit  nii;^lit  liavc  Itccn  li'tl  \t\  fiicnni- 
stiHH'cs  to  tlihik  had,  tli(>n;;'li  nniiitcnIiDnally,  liccii  <^rjv<>ii. 

I''ttr  what  has  Ihtii  the  cmirsc  of  th;-  transactions  which  ha\ c  ;:;i\<'n  risr 
III  this  <*(>i't'cs|>i>n<h>n('c  .' 

(Mithf  Ijn'akinyonI  ot  the  hilc  war  between  thr  western  poworn 
,"il7;  nnd  Ifnssia,  the  Uiitish  ;;)»vein*inent  was  infoiMneil  that  inaiiv 
persons  resich'nt  within  the  I'nileil  Slates — sonii'  natives  of  the 
ciiiitinent  of  I'liirope,  and  s(nn(>  natnral-ltoin  sulijeetsof  I  lei- Majesty — 
were  desiidiis  of  enteiin;n'  inti>  the  niililaiy  service  ol"<!ieil  ISrilaiii. 
riic  Itrilish  ^'ovei'tMnent  lielievin;;'  tlH>  infoiniatioii  they  liad  received  on 
rliis  matter  to  l»e  well  fonnded.  a'nl  I)ein,i4'  an\i(Mis  to  increase,  as  rapidly 
,is  |ii)ssil»le.  their  ?nililary  force,  took  steps  to  avail  themselves  of  this 
ilisiiosilion.  ami  "^ave  diii'ctions  that  any  persons  present  in;;"  themselves 
within  the  llritisli  North  Ann'rican  proxinces,  willing;'  lo  enlist  and 
loinid  lit  for  service,  should  lie  en;ia;^('d  for  the  llritish  arni>.  Mat  II«M' 
Majesty's  ^i'overnnM'nt  ;4ave  the  most  posit i\«'  orders  that  in  makin;;' 
,iiTaii:;(Mnenls  for  this  purpose  uotliin:^'  should  he  done  to  iiifrin^ii*.  in 
my  tiiannei'  whatsoevei',  the  neutrality  laws  of  the  I'liited  States. 

It  was  not  doiihted  that   such   arran;;i'ments  nii;ihl    he  carried  into 

Acnition    without    any   violation    of   those  laws.   I»ecans,'  those   laws 

|iii)liil»it  enlistments  or  en^a;;('ments  only  within  the  territories  of  the 

I'liileil  States  :   they  do  not  lorliid  citi/cns  of  the  I'nited  States,  or  resj- 

!i'!its  therein,  from  leaving' I  nose  lerritoiies;   nor  do  they   forhid  such 

citizens  or  other  persons  tVom  enuauinn"  or  enlistin;;' in  ndlitary 

.'il'.i,    service  elsewhere,  -when  of  Iheii'  own  free  will,  and  without  any 

previous  coat  rac!  or  en,L;a.nemi'nt,  t  hey   may  liaxe  left    tiioseterri- 

■'ivii's. 

Tlie  intenlionsttf  the  l'riti>lt  .u'ovevnment,  and  the  arranuenn'uts  made 

M'lury  those  intentions  into  execii'ion,  wcie   not  concealed  irom  the 

I'nvcrnnienI  of  the  United  States. 

Tlidse  intent  ions  and  arran;^ements  were  frankly  staled  by  Mr.  Cram p- 

■111  to  Mr.  Marcy  in  a  con\«'rsation  on  »lie  L'lid  of  March,  isr»."»,  an<l  the 

liily  observations  which   Mr.  Marcy  made   in   reply  were  that    the  nen- 

iiiility  laws  of  the   United  States  would  bi'   riijidly  enfoiced,  Itiit   that 

my  Miniil)er  of  persons  who  desii-ed  it    mi^uiit    lea\t' the  liiilt'd  States, 

nil  ,i;i't  eidisted  in  an\  forei;i;n  service. 

I'p  to  this  point,  therefore,  there  was  no  iiiisumlerstandin^  as  to  the 

I'liipese  of  the  ibitish  ;;dverninent.  and   no  ditVereiic*'  of  opinion  as  to 

till' l(';(ality  of  the  course  which   that   .yovernment  iideiide«l  to  pursue. 

iiiit  the    ib'itish   ;;'oveinnM'nt    so(ui    found,  by  accounts   which    reached 

'lii'iii  from  tluf  Tnited  States,  that    it  would   lie  dillicnlt  to  prevent  the 

'NiM'iition  of  the  contemplated  arran^-i'ments  from   beini;  attended  by 

circumstances  winch    ini;;ht  j^iverise  to  discussions  between  the 

"I'l"!    two  jiovernments.     It  ''was  seen   that,  however  strict   nii^^ld  be 

the  onh'rs  ()f  Her  .Majesty's  government   that  nothing;'  should  be 

'liiiit' ill  contravention  of  the   laws  of  the  I'liited   Sfat«'s,  and  howevei' 

^I'lupulous  Her  Majesty's  olliceis  in  .\nn'iici'  mi;;ht  Im'  in  obeyin,^'  tiioso 

tnlcis,  yet  a  niisc( '•  ri  lion  of  the  precise  bearin;*'  of  those  laws  mij-iit 

I'iid  some  of  those  ottici  ;s  unintenti(mally  to  overstep  their  limits,  whilo 

"tliiT  persons,  eitlu  r  \'vih\  honest  zeal,  or  for  thi'  sake  of  j.jain,  oi-  from 

^iti'sire  to  entrap  iI.m'  i\'ajesty'r  officers,  nd^-ht  do  thin;;s  at  variance 

^*itii  the  provision!-  .)i   tiiose  laws,     ller  Majesty's  j^overnment,  liiere- 

i">< .  heinj;-  nu)st  anxious  that   nothing;"  should  liappen   to  disturb  the 

^'•0(1  miderstandiii;;' between  the  two^^overnments,  and  beiiij^:  desirous  of 

"how" 

•It  (MIC 


nifj  uiiequivoeally  their  respect  for  the  laws  of  the  United  States, 
e,  and  of  their  own  accord,  determitu'd  to  ^iive  up  the  further  prose- 


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73  WEST  MAIN  STREET 

WEBSTER, NY.  USSO 

(716)  873-4503 


C/j 


p.^ 


Ux 


048 


I'KKATY    OF    \VASlIIN(iT()N I'AI'KKS    A((<  >MI'AN  VING 


(•utioii  (if  llio  Miraii.m'iiuMits  in  (iiiestioii,  and  they  arcordinj^ly  sent  out 
to  Canada  and  Nova  Scotia,  on  the  liL'd  of  .Iiinc,  18.")5,  orders  to  discdu- 
tiinie  all  Inrtlicr  itrocccdin^^s  in  the  matter  of  eidistnient  Ibr  tlie  foicini, 
legion. 

A  fortni^^lit  alter  these  orders  liad  been  sent  out,  the  uiiiU-i 
j.")]  ]    siji'iied  received  from  Mr.  JJnchaiian  ii*note,  dated  .Inly  <»,  allc^jni; 

that  the  neutrality  laws  of  the  United  .States  had,  in  many  in- 
stances, been  violated  by  jiersons  taking  steps  (either  with  or  witlioiit 
the  approbation  of  the  l>ritish  government)  for  the  inir[>ose  of  enjiiij-jui: 
oi- enlisting  within  the  United  States  ivcrnits  ibr  the  JJritish  service: 
and  3Ir.  JJnchanan,  in  the  conclusion  of  his  note,  stated  that  "the  I'lt'si- 
dent  would  be  much  gratihed  to  learn  that  Her  Majesty's  govermiioiir 
had  not  authorized  the  proceedings  com|>lained  of,  but  had  condoiinicd 
the  conduct  of  its  ollicials  engaged  therein,  and  had  visited  them 
with  its  niarked  disi)leasure,  as  well  as  taken  decisive  measures  to  i»nr 
a  stoj>  to  conduct  contrary  to  the  laws  of  mitions,  the  laws  of  the  riiitcd 
States,  and  the  county  which  ought  e\er  to  prevail. in  the  intercouisc 
between  the  two  friendly  powers." 

The  undersigned,  in  reply  to  this  note,  expressed  to  3ir.  Buchaiiaii. 
on  the  Kith  of  'July,  the  regret  of  JLer  ^Majesty's  government,  if  tlie  liiw 
of  the  United  States  liad  been  in  any  way  infringed  by  [)ersons  iU'tiii.u 
with  or  without  authority  from  Her  ^lajesty's  government ;  and  he  stated 
that  any  such  infringement  of  the  law  of  the  United  States  would  be 
contrary  to  the  wishes  and  the  positive  instructions  of  the  JJritish  j^ov 

ernment. 
[.")!']        Tln^  undersigned  went  ou  to  ex[)lain  ids  reasons  *for  ludieviii^ 

that  no  jierson  authori/e<l  to  a(;t  for  the  JJritish  government  had 
violated  the  law  of  the  United  States:  an<l,  in  conclusion,  he  stated 
that  the  re<piest  of  the  J'resident,  that  decisive  measnivs  might  be  taken 
to  juit  an  end  to  these  i)roceedings,  had  been  anticijiated  by  the  sponta 
neons  act  of  Her  I\JaJesty"s  government,  who  had,  a  Ibrtnight  before  the 
receipt  of  Mr.  JJuchanan'  note,  sent  out  orders  to  j)ut  an  end  to  tin 
arrangement  for  enlisting,  within  the  North  .Vmerican  provinces.  peison> 
who  might  come  there  liom  oilier  places. 

Mr.  IJuchanan,  in  rejdy,  said,  in  a  note  <lated  the  USth  of  .Inly,  tiiar 
!ie  should  leel  much  satislaction  in  transmitting  to  his  (lovernment  thi 
note  of  the  undersigned. 

So  strong  appears  to  ha\e  Iieen  the  impression  on  the  mind  ol  Mr. 
IJuchanan  of  the  satisfactory  nature  of  this  communi(.'ation,  that  when 
afterwards  he  received  a  disjjatch  from  ^Ir.  .Alarcy  with  renewed  instnie 
tions  to  address  remonstrances  to  the  JJritish  government  on  the  snlijec; 
of  the  recruiting  i»roceedings,  he  abstained  from  acting  upon  those  in 
strnctions,  and  withheld  .Air.  .Marcy's  dispatch  containing  them  from  the 
Ivuowledge  of  Her  ^lajesty's  government,  obviously  because  he  perceivei; 

by  its  date  (the  loth  of  duly)  that  it  was  written  long  before  the 
['u)'.')\    note  *of  the  nii<lersigned,  of  the  KJlh  of  duly,  could  have  been 

received  by  Mr.  3Iarcy,  and  because  he  concluded  that  when  thar 
note  shouhl  have  been  received,  the  (iovernmeiit  of  Hie  United  St;de> 
would  be  satislied  with  its  contents. 

J'or  a  considerable  time  this  conclusion  a])[)eaied  wl'H  founded.  <*i: 
the  ~>{h  of  September,  however,  Mr.  Marcy  addressed  a  note  to  Mi. 
Crampton,  not  alleging  that  fresh  subjects  (d'cijinpiaint  liad  ari.sensiiio- 
the  rei'cipt  in  America  of  the  JJritish  orders  of  the  li2d  of  dune,  bur 
going  back  to  the  same  transactions  to  which  ^Ir.  Jiuehanairs  note  ei 
the  (ith  of  duly  had  adverted,  and  renewing  all  his  original  coiiii>hiiiit>- 
as  if  no  notice  had  been  taken  of  his  lormer  representation,  as  il  nniv 


C()[\NTEK    CASK    OF    THK    INITEI)    STATES. 


(;4!> 


the  iuti'vcoiusc 


;fret  liiid  beiMi  expressed,  and  as  if  no  measures  had  been  adopted  to 
put  an  instant  stoj)  to  the  proceedinjj;  out  of  whieh  his  eonii>hunts  had 
iii'i<;iiiated. 

A  eouiinunicationso  mueh  at  vaiianee  with  what  Mr.  Ilnchanan's  note 

of  tlie  l<Sth  of  rluly  had  led  Her  Majesty's  j;'o\erninent  to  expect,  niijiht 

well  he  received  with  some  feelinji's  of  surprise,  inasmuch  as  they  he- 

licved  that  they  had  piven  tothe(Jovernmentof  the  United  States  every 

satisfaction  which  one  <40vernment  could  reasonably  expect  to 

.w4|    receive  from  another  in  a  easc*of  this  kind. 

The  nndersijiiied,  however,  on  the  27th  of  September,  replied 
to  ^Ir.  ^larcy's  note,  answering  the  allej»ations  renewed  in  it,  antl  repeat- 
ing that  Her  3IaJesty's  ••overnment  luul  no  reason  to  believe  that  any  of 
Her  ^lajesty's  servants,  or  any  aj;ents  duly  authorized  by  then),  Inul 
ilisre;4arded  the  injunctions  to  resjtect  and  to  obey  the  laws  of  the 
riiite<l  States. 

Nevertheless,  the  Government  of  the  Unitetl  States  still  (^or.sidered 
rills  answer  unsatisfactory,  and  on  the  loth  of  October  ^Ir.  Marcy  ad- 
dressed another  dispatch  on  these  nnitters  to  3Ir.  liuchanan,  which  was 
coiniiuinicated  to  the  undersifiued  on  the  1st  of  2s"ovend)er.  In  that  dis- 
patcli  Mr.  jVIarcy  renews  his  pvi't'i'id  assertions,  tliat  Her  ^fajesty's  ol\i- 
cers  in  America  had  violated  the  laws  of  the  United  States;  he  relers 
to  his  dis[)atch  of  the  15th  of  July,  which  ^Ir.  JJuchanan  had  abstained 
from  communicating;'  on  tl^e  supposition  that  the  note  of  the  nndersiyned 
of  the  loth  of  July  had  tinally  settled  the  (piestion  at  issue,  and  he 
states  that  the  said  dispatch  of  the  15th  of  .Inly  in<licated  the  satisfac- 
tioii  whi(rh  the  (Jovernment  of  the  United  States  believed  it  had  a  rij;ht 

to  «'laiin  from  the  jiovernment  of  (treat  Britain. 
VmI  *This  dispat(;h  of  the  loth  of  .Inly,  which  was  not  communi- 
cated to  the  undersi<;ned  by  Mr.  JJuchamm  till  the  I'd  of  Novend)er, 
loiiclinles  by  sayin,i>-  that  "  the  Presideiiv  is  disi)osed  to  believe  that  Her 
Majesty's  f^overnment  has  in)t  countenance(l  the  illegal  proceedings 
ofitsotlicers  and  agents  since  its  attention  was  tirst  directed  to  the 
siibjeet,  ami  will  consider  it  alike  due  to  itself  and  the  United  States 
to  disavow  their  acts,  and  deal  with  them  in  such  a  numner  as  their 
:rave  otl'Mise  merits,"  but  tiiat,  "as  reciuiting  for  liie  Jlrilish  arm\  m 
the  mode  alluded  to  is  still  prosecuted  (as  he  be]ieve<l)  withiii  the 
1  iiited  States  by  otlicers  and  agents  cmployeil  for  that  [)uri)ose, 
!be  President  instructs  3Ir.  Ibichanan  to  say  to  lUr  ]\ra,iesty"s  gov- 
irimient  that  he  expects  it  will  talce  i)r()mpt  and  elfective  measures 
to  arrest  their  [)rocei'dings,  and  to  discharge  from  service  those  i»er- 
>oiis  now  in  it  who  were  eidisted  v.ithin  I  lie  United  States,  or  who 
left  the  United  States,  under  conlracis  made  here,  to  enter  and  >;er\e 
■IS  soldiers  in  the  Uritish  army." 

This,  then,  is  the  satisfaction  which,  as  late  as  the  b>th  of  October, 
Mr.  .Marcy   declared   was  that    which  the  (Jovernment  of  the  United 

states  denumded. 
•Villi  *\Vitli  respect  to  tiie  lirst  part  of  this  demand  Her  .Majesty's 
.uovernment  deny  that  any  illegal  proce^'dings  were,  so  far  as  they 
'^iiow,  committed  by  its  ollicersor  autliorized  agents,  and  therefore  they 
'liive  none  to  disavow,  and  uo  ollicersor  agents  to  deal  with  as  olfenders. 
^)itli  regard  to  the  other  points  specilied  by  .Mr.  Marcy,  the  under- 
''Wied,  on  the  lOth  of  Xovembei',  deeming  it  resi)e(;tlul  to  the  (lovern- 
iit^iit  of  the  Unitcil  States  to  do  so,  entered  into  a  <letailed,  and,  as  he 
Ill's  hojied,  a  satisfactory  reply  to  the  arguments  and  statenn'Uts  con- 
taiiKHl  ill  Mr.  Marcy *s  d'isi>atch  of  the  KJtli  of  October.  In  that  reply 
tlie  midersigiKKl  stated  that  the  most  material  point,  tljat  of  the  alleged 


■';i-:i| 

1 . 


4; 

! 

I 


fioO 


I'REATV    OF    WAsin\(;rO.\ i'AI'HKS    ACCO.MI'AN  VI  N(; 


f?ii^< 


lof'rnitin;^',  li;i(l  Ix'Oii  alnsuly  <lisi>f)s('(l  ol"  I'oi'  noarly  four  moiitiis  iM'tuic 
tlic  <liit('  of  tliat  (lispiitcli :  tlio  ivcniitin^"  iinaniioinciits  ami  in()i'('t'(liii'.> 
had  been  abaiKloiiiMl  1)y  onlcis  siMit  by  Jler  ^lajosly's  ji-ovcrniiuMif  (?ii 
the  I'lM  orffuiio;  and  that  th(>  second  ))avt  of  the  satisfaction  rcfiujivd 
it  was  not  in  their  jxywei-  to  give,  because  no  ])iM\son  iiad,  to  theif  kiiowl 
edge,  been  <'nlisted  within  the  United  States,  or  h;ft  the  irnircd 
States  ninU'r  contract  nv.uh',  therein  to  enter  into  service  in  tlic  IJritisli 

army.  And  he  further  added  that  if  it  <;onhl  be  siiown  th;it  any 
[5.">7|    *inen  liad  been  so  enlisted  they  shoidd  innnediately  be  discliiii',i;('(l 

and  sent  back  to  tlie  United  States.  The un(U>rsii!;iied  tliiis  showed 
that  the  satisfaction  claimed  b\  the  Government  of  the  United  States  jiad 
long:  since  been  given,  as  far  as  it  was,  in  the  nature  of  tilings,  i)i)ssll)I(' 
to  give  it;  and,  in  addition  to  the  satisfaction  asked  for,  he  exincsscd 
the  regret  of  Her  3IaJesty"s  government  if  anytliing  had  been  (Idiic  hy 
any  jjerson,  anthorizecl  or  iinautliorized,  which  coald  be  considered  aii 
infringement  of  the  law  of  the  United  States. 

It  might  naturally  have  been  supjiosed  that  the  cyrres])ondenc(' would 
here  hav(M'nded.  I  {egret  has  lieeii  expressed  for  any  infiingeiiient  ol 
the  law  of  the  United  States,  if  any  had  taken  |)la('e,  notwithstanding: 
the  iiositive  and  repeated  or«lers  of  1 1 1'r  ^Majesty's  government  to  llic 
contrary.  The  satisfaction  which  tlie  (Government  of  tlie  Ignited  States. 
after  mature  deliberation,  had  demanded,  li;i"l  cither  l)i'<^u  spontaneously 
and  )>y  anticipation  granted,  or  had  been  siiown  to  be  im])racti('al)l('  hi'- 
cause  tliere  was  no  man  in  tin^  IJritish  service  whose  enlistment,  or  con- 
tract  to  enlist,  had,  to  tlie   knowledge  of  Her  .Majesty's  govermiiciit. 

taken  place  in  the  manner  specitieil  liy  Mi\  Marcy  in  liis  dispatcli 
{.■».")SJ    of  *the  l.")th  of  July,  and  whose  discharge,  therefor*',  could  toiiii 

part  ol'  the  satisfaction  indicateil  I)y  Mr.  .Marcy.  Her  Majesty's 
go\-ernmeut,  howe\er.  expressed  their  readiness  to  give  that  satisfac 
tion  also,  if  any  case  should  be  established  to  which  it  could  a]ii)ly. 

Her  ^Majesty's  government  were,  however,  disappointed  in  the  coiiti 
dent  expectation  which  they  had  entertai.ied  that  this  further  explann 
tion  would  prove  satisfactory,  for,  »ui  th"  L  itliof  danuary  oi' the  present 
year,  ^Iv.  Buchanan  communicated  to  the  undersigned  a  dispatcli  from 
^Ir.  Marcy,  dated  the  l*8th  of  December  preceding,  recaj>itulatiiig  the 
complaints  of  the  Government  of  the  United  States,  and  making  a  di- 
inand  in  the  way  of  satisfaction  different  from  those  which  were  iiicn- 
tioned  in  Mv.  Marcy's  note  of  the  loth  of  duly,  and  which  were  refenvd 
to,  in  his  dispatch  of  the  l.'Jth  of  October,  as  the  satisfaction  which  tlic 
Government  of  the  United  States  believed  itself  entitled  toelaim.  This 
tleniiind  (consisted  in  an  appli<!ation  for  the  recall  of  Her  Majesty's  niin 
ister  at  Washington,  and  of  Her  3IaJesty*s  consuls  at  lMiiladelpliia,N('« 
York,  and  Cincinnati.     It  will  naturally  be  asked  whether  any  lu'w 

ground  has  been  found  for  this  demand,  or  whether  any  new  event 
\'u)\)]    had  happened  between  the  l.'ith  of  October  *and  the  L*8th  of  Deccm 

ber,  in  which  these  ollicers  of  Her  Majesty  had  been  eoiu'enu'd.' 
Nothing  of  the  kind  had  taken  place,  and  the  accusations  made  against 
those  otiieer.s,  in  Mr.  Marcy's  disiiatch  of  the  28th  of  December,  rest  iii»oii 
statements  which  wereeiiually  within  the  knowledge  of  the  Goveruiiifiit 
of  the  United  States  on  tlie  l.">th  of  October,  when  no  such  deniaiul  wa 
made. 

Uefore  the  undersigned  proceeds  to  rejdy  to  Mr.  Man-y's  note  of  the 
28tli  of  December,  he  must  notice  an  erroneous  construction  whieli  M'- 
Marcy  has  there  put  upon  a  passage  in  a  disi)atch  of  the  12th  of  Aprih 
185r»,  from  the  undersigned  to  Mr.  Crampton,  which  was  eomiminiciit**'' 
by  him  to  Mr.  Mar(!y.     The  passage  is  as  follows  :  "  I  entirely  aiipi'iivel 


iNVlNd 


rorNiKij  (Asr,  of  thk  ixitki'  staiks. 


(ir>i 


moiitlis  hcl'itw 
111(1  i)r(HH'(.'(\iiij;> 
■jjovcninuMit  on 
'iietiou  vcquiwil 
,  to  their  knowi 
ot't   the   riiitcd 
i>  in  the  British 
shown  tliiit  liny 
y  hi'-  «lisflr,ir,i;('(l 
lUMlthussliowi'd 
:intedSt;iti'sli;iil 

thini.\>*,  possiUli' 
or,  hi'  ('X1>itssim1 

iild  hlH'U  llulH'  l),v 
)!■  COllsillcnMl    Mil 

'spoiMh'Ucc  wimlil 
y  iiitVin.U't'iiu'iit  (»! 
■  notwitiistaniliii;: 

)Vl'VllllU'Mt   to  llu' 

hi'.  V^niti'il  Slati'-. 
■on  si)i)Utiim'ous!.v 
iuiiU'iU'tii'uhli'  1)1'- 
>nhstini'nt,  or  I'liii- 
sty's  <i-ov('rmiH'iit. 
•cy  iu'hisihspatcli 
■vt't'orc,  I'oulil  t'oviii 
y.     Her  Maji'sty's 
Vive  that  satisfiic 
t  eouhl  apply, 
iiteil  ill  tlie  ciHili 
I'livther  explaiui- 
aarv  oi'  tlie  prcsi-m 
(I  a  (lisi)at('li  htiMi 
n'ranituhitiiiii-  rlif 
:mtrmakin!.i'  ii  ''>'' 
.^,  \vhi(;h  were  nu'U- 
hich  were  ri't'i'rn'il 
sfiietiou  whii'li  tlif 
leil  toehiiui.   Tlu^ 
ler  Majesty's  nun- 
lMnhulelphia,N>« 

whether  any  m'«' 
Iher  aiiv  new  event 
tlie'JSthofDoci'm- 
I  heeii  cDnoeriioit . 
ions  maile  against 
eeeiuber,  rest  ui«'" 
t'  the  (ioverumi'iit 
such  aetiiaml  wi 

llarry's  noti'  of  the 

Irui'tion  wliii'li  -U. 

the  12th  of  Al"'l 


of  your  iM'oci'iMlin.^s.  as  reported  in  your  dispatch  (Xo.  ."i7)  ol'  tlie  li'th 
iiltiiuo,  witli  respect  to  the  proposed  enlistiiient,  in  tiie  (Queen's  service, 
of  ri)rei^!iers  and  llritisli  subjects  in  the  United  States."  ^fr.  3Iarey 
iS'smnes,  and  aruiies  upon  tlie  assumption,  that  the  nieaninji'  o«"  this 
passage  was  that  tlie  enlistment  of  thi'-  i)ersons  nieiitioiied,  and  wliieji 
were  api»i'oved  of  by    Her  Majesty's  .uoverhinent,  were  to  take  place 

in  the  LTnited  States;  whereasthe  seiiti'iiee,  aci'ordin,^- to  its  obvi- 
oilii'    ous  nieaniiift',  *relates  to  fon'if;'iiers  and  l.ritish  subjects  resident 

in  the  I'nited  States.  Tiie  word  ••in'"  has  reference  to  the  place 
.vlii'ic  they  resided,  and  not  to  thei»lace  where  they  were  to  be  enlisted  : 
and  if  any  (hmbt  could  arise  on  (his  point,  that  doulit  iiiiist  have  been 
riMiioved  by  the  coiicludiii.ii"  passajie,  which  adverts  to  the  neutrality  hiw 
iftlie  I'nited  States,  and  says  that  Her  Majesty's  <;'overiiiiient  would  on 
no  iiccount  run  any  risk  of  infriiijiin.u'  that  law.  Tiiis  construction  of 
"Iii^;;assa<ie  under coiisidei'atioii  does  not  appear  to  have  occurred  to  Mv. 
Maicy  at  the  iiine  when  the  dispatch  of  the  iindersi_uned  of  the  iL'th  of 
April  was  eommuiiicated  to  iiim  l)y  yiv.  Lumley.  So  far  from  it,  .Mr. 
Maicy  exjiressed  to  Mr.  Laiiiley  his  satisfaction  with  that  dispatch,  and 
Ii'sired  tliat  he  iiii;jlil  be  fiiriiishe  1  with  a  copy  of  it,  in  oi'der  that  he 
iiii;:iit  sliow  it  to  his  colleajLiiu-s. 

The  undersij^ned  must  also  I'lirther  obsi'r\'e  that  Mr.  .Alaii-y,  in  the 
siiiu?  dispatch,  has  i;iiscoiiceived  the  meaiiiii|:;' of  an  expression  used  by 
rlip  uiidersi.u'ueil  in  makiii;;'  an  ol'fer,  above  referred  to,  that  any  man 
vlio  iiiij^ht  have  lieen  enlisted  within  the   I.'nited  States  should  l)e  im- 

laediately  dischar.u'ed  and  sent  back'.     The  refeieiice  tiiere  maih' 
"iiili    to  r.ritisli   law  v>as  merely  '-'intended  to  indicate  that  if  persons 

had  beiMi  enlisted  under  the  circiimsta'.ices  supposed,  such  enlist- 
:;ii'iit  would  have  been  at  va''iance  with  iiiitish.  as  well  as  with  Ameri- 
lau,  law;  but  the  uudersiyiuMl  did  not  mean  that  respect  would  not  be 
iiiiiil,  ill  the  discharge  of  men,  to  the  iirinciples  of  the  law  of  the  United 
Mates  alone,  should  thai  law  a[>i)ear  to  ha\e  been  violated  in  a  sinj^Ie 
'•ase. 
Ill  reply  to  the  .u'eneral  statements  of  Mr.  ^larcy's  dispatch,  tlu  un- 
lt'isi;;iu'(l  must  repeat  that  Her  .Afajesty's  jioveniineiit  j;ave  the  most 
iiositive  orders  that  no  man  should  lie  enlisted  or  en,i;aj;ed  within  the 
■■nitory  of  tiie  United  St;;tes,  and  that  the  neutrality  laws  of  tlu;  United 
Mati's  should  1)1'  strictly  and  scrupulously  respected.  Hut  .Mr.  .Marcy 
!ii>\v  contends  that  this  was  not  eiKHijuh ;  ami  tliou,i;h,  in  conversation 
vitli  .Mr.  Crampton,  on  the  2L*d  of  .Alarch,  IS.'*."),  hi^  said  that  he  eonld 
"It  ohji'ct  to  any  number  of  i)ersoiis  fi'oin;;'  to  Xova  Scotia  to  be  there 
'iilisted.  provided  the  neutrality  laws  of  tlie  United  Stati's  were  not  in- 
iiiiiS'i'd.  he  now  arj;ues  that  the  enlistment  in  Nova  Scotia  of  i)ersons 
"iiiiiij;'  thither  from  the  United  States  was  a  violation  of  the  pidicy  of 

the  Uniteil  States,  and  that  not  to  respe(;t  that  policy  was  an  ol- 
■"'''-1    feiise  on  the  *part  of  (ireat  Jbitain  ayainst  the  sovereign  ri<;hts 

of  the  United  States. 

^i)\v,  in  reply  to  this,  the  nndersij;ned  bejis  to  observe  that  the  jioliey 

'i filiation  in  reinard  to  its  inteinal  arraiif;('ments  must  b(^  sought  for  in 

■lie  hiws  of  that  nation  ;  that  what  those  laws  forbid  it  must  beunder- 

;toiKl  to  he  the  ])olicy  of  the  state  to  jtrohibit;  and  that   what  those 

"^vs  do  not  tbrliid,  it  must   be  understood  to  be  the  policy  of  the  state 

"  iillow.     Ill  every  state,   whatever  may  be  its  form  of  <;overntnent, 

lit'ii' is  a  sovereij?n  power;  that  sovereiju'ii  power  may  impose  upon  the 

'Ji'L'ts  or  eiti/.ens  of  such  state  what  duties,  obligations,  and  restrie- 


'■■  'J3.U'  ' 


m 


VIS  coinnini>i''''^*'''H"""''''^ '"^'y  think  lit;  and  it  is  a  necessary  eoiudiision  that  when  th 
I  entirely  appi'^^'^'H"^ '''*-''»'•  power  puts  a  limit  to  its  enactments,  whether  of  obligation  or 


ffilfi   s|l:'-*^f^!ff 


;  1 


(uy2 


THKATV    OF    \VASinXGT<»N I'AI'HKs    ACCOMPANYING 


i^f 


ik 


of  prohibition,  it  moans  to  leave  its  subjects  or  citizens  free  in  re^^ind  to 
all  matters  not  within  the  enactments  of  tlu'  law.  This  i)rinci})le  is  in- 
deed  admitted  by  Mr.  J»uchiiran\s  not;i  of  the  (Jth  of  .Iidy,  wherein  lie 
lays  it  down  that  the  neutral  ]>olicy  of  the  ITnited  States  is  "  dcHiiciI 
and  enforced"  in  tlie  statute  of  ISl.S. 

J)ilTerent  countries  have  ditferent  laws  in  rej^ard  to  tlie  enlist 
|r)(;;5|    ment  of  their  subjects  and  *citi/,ens  in  the  military  and  imvul 
service  of  other  states,  and  these  laws  vary  according-  to  the  tlil 
ferent  policy  of  these  countri<'S  with  respect  to  such  matters. 

In  Gi'cat  J>ritain  the  law  not  only  ]>rohibits  lecruitinjjf  or  enlistiim 
within  the  JJritish  dominions  tor  the  service  o*'  any  forei<»ii  state,  with 
out  the  ])ermission  of  tlie  sovereijiu,  but  it  .y'cKs  farther,  and  prDliihits 
any  subject  of  Her  Majesty  from  so  enlistin<>',  even  elsewhere,  witlidut 
the  royal  permission.  The  ]>olicy  of  (Jreat  J>ritain  hencn^  ap[)ears  to  l)r 
to  prevent  Hritish  subje<'ts  IVoni  enterin^^atall  into  the  servic(M)f  foivi^n 
states  without  the  jiei'niission  of  the  Crown. 

The  law  of  the  United  .States  aj^pears  to  be  dilfcrent.  Iler  MiijcstvV 
government  understood,  aiul  that  nnderstandinjr  is  contirtueil  by  Mi, 
Buchanan's  note  of  the  <5th  of  .Tuly,  that  the  law  of  the  United  .Stato 
only  forbids  enlistments,  recrnitinji',  and  (contracts  orenjj;af2,ements\vitliiii 
the  United  States,  and  iiirinj;' or  retainin.u,'  persons  to  (piit  the  rnitiii 
States  with  the  intent  to  be  enlisted  elsewhere,  but  it  does  not  toiiiiil 
citizens  of  the  United  States,  who  may  have  used  their  natural  ri;ilit  di 
(piittiufj'  the  United  States,  to  eidist  into  the  service  of  a  foicij;!! 
|5(>4]  state,  when  they  have  *left  their  own  <;ountry.  The  soveri'i;;ii 
l)owerof  the  United  States  nu^ht,  if  it  had  chosen  todo  so,  have  Idl 
lowed  its  citizens  with  a  prohibitory  enactment  beyond  theterritoryot  tlif 
("nited  States,  but  it  has  not  thou,i>ht  tit  to  do  so,  and  the  Just  and  iiiovi 
table  conclusion  W  that  what  it  mijiiht  have  forbidden,  but  has  not  I'oi 
bidden,  it  has  desij^iiedly  allowed — that  is  to  say,  in  other  words,  tlm; 
it  is  the  i)olicy  of  the  United  States  to  i)revent  foreign  enlistnu'iir  witliin 
the  United  States,  but  that  it  is  not  thei)olicy  of  the  United  States  tolor 
bid  citizens  of  the  United  States  to  eidist,  when  out  of  the  Unitcil  States. 
into  the  service  of  foreij^n  states,  if  they  should  choose  to  do  so. 

Such  b<Mn<i'  the  state  of  this  matter,  it  is  obvious  that  the  Ihitisli 
government  cannot  .justly  l»e  charjLjed  with  any  disre,i>ard  of  the  iidIIiv 
of  the  Unite<l  States,  nor  with  any  <lisresi)ect  to  their  sovereii;ii  ri,uiit> 
by  takin.u'  into  the  (^>ueen's  miUtary  ser\  ice  any  i)ersoiis  who,  iiaviii: 
conu'  from  the  United  States,  freely  and  without  contract  or  enuau 
ment,  into  a  British  territory,  miyht  then  be  willing'  to  enlist. 

The  real  questions  at  issiu^  betwe<'n  Her  Majesty's  goveniiiu'in 
|.">U5j  and  that  of  the  Uidted  *  States  are,  whether  the  IJritish  govciii 
nu'ut  ordered  or  cont'Mnjilated  any  violation  of  the  neutrality 
laws  of  the  United  States:  whether,  if  the  British  government  did  imt 
order  or  contemidate  such  violation,  thosu  laws  were  nevertheless  vuiln 
ted  l)y  persons  acting  with  the  authority  or  approbation  of  the  Biitisl! 
government;  and  lastly,  rthethei',  if  any  violation  of  the  law  of  tin 
United  States  did  take  place,  sullicient  satisfaction  has  been  given  to 
the  governnuMit  of  that  country. 

In  regard  to  the  first  point,  the  British  government  neither  onleroi 
nor  contemidate<l  any  violation  whatever  of  the  laws  of  the  Unitel 
States;  but,  on  the  <-ontrary,  issued  the  most  i)ositive  and  repcateil^ 
orders  that  those  laws  sliould  not  be  infringed  by  any  persons  actiii? 
under  their  authority. 

In  regard  to  the  secon<l  point,  Mr.  Marcy  alleges  that,  notwitlistaml 
iug  the  orders  of  the  British  government,  officers  and  agents  ot  tii;it 


lNYING 

[•cc  in  v(',u!ii(l  to 

principle  is  in- 

niy,  wlicrcin  be 

to's  is  "  (It'tiiicd 

rd  to  tlio  enlist 
itavy  iuid  Hiiv;il 
■iliiij;'  to  tlu'  (lit 
ttevs. 

ill""  oi'  enlisting 
^'i^u  state,  with 
T,  and  \)roliil)its 
sewlicn',  witluiut 
\w,  appears  to  be 
service  of  tni''i;;ii 

:.  I  lor  MajestvV 
•ontinned  l>y  Mi. 
he  United  Sliitcs 
i>'ap;einents\vitbiii 
Mpiit  tl»e  I'liitiMl 
it  does  not.  t'ovbid 
iv  natnral  ri-bt  ui 
LTvice  of  a  \oYi'Vfl\ 
;.     Tlie   soverciu'ii 

li  todosl>,i>il^■^''"'• 
theterritoryot■tll»• 

the  just  and  inovi 
I),  hi»t  lias  not  t'ov 
other  words,  tb;U 
,  oidistnient  witbiu 
uited  States  t*» for 
the  United  States. 
le  to  do  so. 

that  tlie  r>iitisli 

[<viU'd  of  tlie  polu  V 

'^-  soverei.;;ii  ri,ulit> 

sons  \vho,  liaviii,- 

[ndract  or  enj;ap'- 

()  enlist. 

-esty's  jvoveiniufiii 
[he  ViritisU  p)Vt'Vii 
,  of  the  neutriibt} 
lovernment  did  ii"t 
nevertheless  violii 
tion  of  the  r.nti>l' 
of  the  law   ot  t!i'' ! 
has  boon  -ivou  to 

lut  neither  onleiol 
Iws  of  the  Unite  I 
live  and  repeated 
my  persons  actini: 

Lt,  iiotwitlistau'l^ 
W  ageuts  ot  that 


COrXTEK    CA.'Si:    OF    TlIK    IMTKl)    STATKS. 


;'ovornnient  (lid,  within  the  United  States,  do  tliinj;s  whieli  »vere  a  vio- 
hition  of  the  neutrality  laws  of  the   United   States;  and   .Mr.   .Varcy 
speeilieally  makes  this  charoe  aoainst.  Mr.  Craujpton,  Her  MaJ- 
.■(ii!51    esty's  minister  at  Washin;^ton,  andao'unst  IFer  .Majesty's  *eonsnl.s 
at  Cineinnati,  I'idladelphia,  and  New  York. 
Witli  respeit  to  "Slv.  (■rain|)ton,  the  nndersi;;iied  has  to  static  that  Mr. 
('raniptoii  po.si^    ely  and  distinctly  denies  tlie  ehari-c  l)n)ii<>iit  ajininst 
liiiii.    Hi'  declares  that  he  never  hired,  or  retained,  or  eno-a^ed  a  siuftie 
pt'i.son  within  the  United  States  for  the  service  of  [fer  .Majesty,  and 
that  he  never  countenanced  or  cnciDurao^ed  a.ny  violiition  of  tlie  law  of 
the  United  Stat«'s.    The  charge  brought  against  Mr.  Crampton  is  mainly 
tiiunded  upon  evidence  given  by  Strol)(d  on  the  trial  of  Hertz,  and  on 
•lie,  so-called  confession  of  Hertz  himstdf.    One  of  those  persons,  Stro- 
be), was,  in  con.se<iuence  of  his  misconduct,  dismissed  from  emiiloyment 
In  the  lieutenant-governor  of  Xova  Scotia  at  Halifax,  and  afterwards 
,i[)l)lied  to  3Ir.  Crampton,  and  endeavored  to  extort  money  from  him  by 
atlireut,  which   was  of  course  disregarded.     The   uinlersi}i;iied  has  the 
honor  to  transmit,  as  inclosures  to  this  note,  documents   whieh  suHi- 
ik'iitly  i)rove  that  both  Strobel  antl  Jlertz   are   wholly  unworthy  of 
rrt'dit.     It  is  impassible  for  Her  .Alajesty's  j>overnment  to  set  the  asser- 
tions of  such  men  as  these  against  the  declaration  ol"  y\\:  (.'ramp- 
.'iilT!    ton,  a  *man  of  umpiestionabie  honor. 

Tlic  undersigned  must  indeed  remark  that  the  whole  proceed- 
in;;  in  regard  to  the  trial  of  Hertz  was  of  .su(;li  a  naturt^  that  whilst 
iler  .Majesty's  ministers  and  Her  ^Majesty's  consuls  might  be,  and  indeed 
wi'ie,  inculpated  by  the  evidence  of  unscrui)ulous  witnesses,  that  minis- 
ttrand  those  consuls  had  not  any  means  or  any  opportunity  of  i-ebut- 
;iii,!;'  the  charges  which  were  thus  incidentally  and  indire(;tly  brought 
a.saiust  them. 

With  regard  to  Her  ^Majesty's  consuls  at  CiiuMunati,  Philadeli)liia,  and 
Xi'W  York,  they  all  equally  deny  the  charges  which  ha\e  bi'cn  bi-ought 
a;^aiiist  them;  and  they  declare  that  they  have  in  no  way  whatever  in- 
iiinjfi'il  the  laws  of  the  United  States. 
AVitli  respect  to  Mr.  Uowcroft,  Her  ^fajesty's  consul  at  Cincinnati,  the 
iimlersijiiied  has  to  observe,  that  legal  proceedings  against  that  gentle- 
iiiauarc  still  pending.  As  to  the  origin,  character,  and  nature  of  those 
inoceedings,  the  undersigned  might  have  much  to  say;  but  as  they  are 
>nll  ponding,  he  abstains  from  doing  so.  He  must,  however,  be  permit- 
ted to  remark,  that  it  would  at  all  events  be  inconsistent  with  the 
•iii'>i   idainest  principles  of  ^justice  to  assunu;  as  established  charges 

which  are  still  the  subject-matter  of  juilicial  investigation. 
Till' accusation  against  Mr.  ^lathews,  Her  Majesty's  consul  at  I'iiila- 
j  tiiiphiii,  rests  entirely  upon  assertions  made  by  Hertz.     Those  assertions 
aiv  jiositively  denied  by  iMr.  Mathews,  and  Jtler  ^[ajesty's  government 
'111  ••'••arcely  believe  that  the  (lovernment  of  the  United  Stativs,  with  the 
Uiiuwlodfie  which  it  will  have  obtained  of  the  charai.'ter  of  Hertz,  will 
'it'sitate  to  concur  with  the  government  of  Her  Majestv  in  giving  ci-edit 
|t'J Mr.  Mathews. 

^Wtli  respect  to  iMr.  ]>arclay.  Her  iiMajesly's  «'onsul  at  New  York,  he 

j'ltt-laros  that  he  neither  favored  the  allegt'd  recruiting  nor  i>articiitated 

lit,  nor  was  informed  of  the  hiring,  retaining,  or  engaging  any  man 

|i"i'  that  i)urpo,se. 

Her  .Majesty's  government  cannot  but  accei)t  tln^  denial  of  these  gen- 

'l'"iieu  as  more  worthy  of  belief  than  the  assertions  and  evidence  of 

'">'[i  nieii  as  Hertz  and  Strobel. 

j  ''lit   Air.    IMarcv   considers    that   the   conduct    of   ^Ir.   I5arclav    in 


■  'i  n. 


» 't 


*:'.  ^ 


^41 


.V  '  '-■■ 


if 


(;:>■[ 


\rm\ 


rh'i:.\rv  of  w  ashinc;  ion — i'-MTJIn    \r(o.Mi'ANViN(; 


flic  iill'air  of  flic  l):iik  Miiiiiy  (ni.^lit  tolx'  iiii  ijdditioiial  iciisoii  'vAw 
llcr  3IiiJcsl.v*s  .^ovcriiinciit  slioiihl  icciiil  liiiii.  l-iioii  this  tin- ini 
dcrsiti'iicd  innst  observe  that  3Ir.  IJaiclay  received  inl'oriiiaf  ion.  on  uatli. 
tVoin  persons  in  the  service  ol  the  riiited  States,  leadiiii>'  to  the  licli(  r 
that  the  hark  .Aliiiuy  was  littini;'  out  with  designs  hostile  to  Ihitisii  in. 
teicsts,  and  at  variance  with  the  neiiiiality  laws  of  tlio  United  Stato. 
It  was  ."Mr.  !)ar(;lay's  Itounden  ditty  to  coiiimnnicate  that  inroniiatiim, 
without  delay,  to  llcr  .Majesty's  niinistcr  at  \N'ashin;^ton.  'Sir,  i;aiclii\ 
did  so,  and  Ids  direct  a(;tion  in  the  matter  was  then  at  an  end.  Mi. 
(Jranipton  sid)initted  this  infonnation  to  the  proper  authorities  of  the 
United  States,  in  order  that  they  iniuht  deteriiiine  what  t)roceedin:;s.  ii 
a!iy,  it  iniuhr  he  rij^ht  to  take  thereupon.  'I'lic  officers  of  the  IniiiMi 
States  considered  the  j>ri>n((  J'itriv  ease  aiuainst  the  .Maury  to  he  siilil. 
cieiit  to  call  for  proceeding's  on  their  i)arr.  Snch  iiroceedin.!.;s  weie  iic 
coi<iin,i;ly  institntetl  hy  tlieni.  and  not  hy  .Mr.  J5arelay.  whose  conduct  ii; 
re;'ai(l  to  the  Manry  Mas  in  strict  iierforniance  of  his  duty,  and  iv 
ceived  the  approval  of  Her  Majesty's  <i(»verniiient. 

\\\X\\  re.aard  to  the  last  ])oiiil  the  Mndersi<;ned  must  retcr  to  iln 
|'570j  offers  of  saf*isfaction.  and  to  the  exi)lanat  ions  already  made,  and 
to  the  repeat<'d  expression  of  sincere  re,iiret  of  Her  ^fajesty's  ^or 
einnient,  if,  contrary  to  their  instructions  and  to  their  reit(  r;;ted  dine 
tions,  there  has  been  any  infriiiyeinent  of  the  laws  of  the  United  States. 
The  undersigned  has  now  ha«l  the  satisfaction  of  coiiiniunicatiii,i;' tc 
the  Government  of  the  United  States  the  statements  and  dec,laratinii> 
of  Her  i\Iajosty*s  nnnister  at  \Vashiiif>ton,  and  of  Jler  Majesty's  consul.- 
at  Cincinnati,  .lMiiladel]»hia,  and  New  Vork,  as  to  the  conduct  iinpiitcd 
to  them. 

The  Govorninent  of  the  United  States  ha«l  been  led  to  sn[>pose  that 
the  law  and  the  sovoreiftn  ri<;hts  of  the  United  States  had  not  been 
respecte<l  hy  Her  Majesty's  government,  an<l,  rely  in  jj  upon  evidence 
deemed  to  he  trustwortiiy,  they  believed  that  that  law  and  those  rights 
had  been  infiinj!:ed  by  British  ajjents. 

If  .such  had  been  the  case,  the  (lovernment  of  the  United  States  would 
have  been  entitled  to  demand,  and  Her  Majesty's  govennnent  would  nor 
have  iiesitated  to  alt'ord,  the  most  ample  satisfaction,  for  no  discredit  c.i.i 
attach  to  the  frank  admission  and   complete   reparation  of  an 
[571]  *un(iuestionable  wron<j'.    Her  Majesty's  jifovernmont, however,  uue 
quivocally  disclaim  any  intention  either  to  infringe  the  law,or  to  dis 
regard  the  i)olicy,  or  not  to  respect  the  sovereign  rights  of  the  United 
States;  and  the  Government  of  tlie  United  States  will  now,  for  the  lir.'<t 
time, learn  that  Her  Majesty's  minister  at  Washington,  and  Her  ^rajesty'> 
<*onsuls  at  New  York,  Philach^lphia,  and  Cincjinnati  solemnly  attirin  that 
they  have  not  comnntted  any  of  tlie  acts  that  have  been  imputed  to 
them.      The  Government  of  the  United  States  will  now,  also,  for  tin 
first  time,  have  an  opportunity  of  weighing  the  declarations  of  four  geii 
tlemen  of   unimpeacheil  honor  and  int(>grity,  against  evidence  upon 
which  no  reliance  ought  to  be  ])laced.    The  undersigned  cannot  hut  ox- 
press  the  earnest  hoiie  of  Her  .Majesty's  government  that  these  explana 
tions  and  assurances  may  prove  satisfactory  to  the  Government  of  tlu' 
Uinted  States,  and  elfectually  remove  any  misapprehension  which  may 
have  hitherto  existed,  and  ho  cannot  doubt  that  such  a  result  wdl  ationl 
as  much  pleasure  to  the  Government  of  the  United  States  as  to  that 
of  Her  [Majesty  by  puttiuij  an  end  to  a  dilference  which  has  been  doeph 
regretted  l)y  Her  iiajesty's  government,  for  there  are  no  two  coiiu 
i.~»7i'J    tries  which  are  houinl  by  sti.)nger  ties  or  by  higher  cou*sidew- 


[ton  this  tlif  nil 
iiiitii»ii.  on  o.itli. 
i\<X  1o  till'  Ixiu'l 
,l("to  r.i'itish  ill- 
i  Unitcil  Stato. 
lilt  iiit'oniKiliiiii. 
„i.     ;Mr.  r.nvclax 
at  iin  c'ul.     Mr. 
iithoi'itios  (if  till' 
it  iiroccodiii.iJ,?;.  it 
rsof  tlu"  I'liitiMl 
liiuv.v  to  1)«'  sulVi- 
•(H'(liii.v,s  wciv  ac 
whoso  coiitliii't  ii; 
lis  <lnty,  ana  n 

[must  vc'tcrtoilic 
iln'iidv  nv.uh'.iuul 
Wv  MiMcstv's  iiot- 
r  ivitvvntctl  (liiiH ■ 
tho  ITnitod  Static. 
comimuiiciitiiij;"  tc 
s  iiiitl  (lechuivti<in> 
•  Miiit'sty's  cousiil- 
V.  coiuUu't  iiiu>nt('il 

ed  to  snpposi'  tliut 
latos  liiul  not  heim 
upon  evideiici' 
\Yiina  those  lilA'tit^ 

littHl  States  would 
'srument  woultl  not 
bv  no  discredit  iM.i 
reparation  of  au 
lont,  however,  une 
vethehiw,ovtoiis- 
Tuts  of  the  tmti^^^ 
11  now,  tor  the  tirst 
,  and  Her  Majesty  ^ 
demnly  attirin  tlutt 
been  imputed  tn 
,  now,  also,  for  tin 
ations  of  foiu"  ^^'" 
Lt  evidence  upon 
lied  cannot  but  ov 
Ihat  these  expUuiJ 
llovernment  »>i  i"' 
ensiou  wliich  ini>) 
a  result  will  at  oi 

States  as  to  tb    1 
L  has  been  deep!) 
re  arc  no  two  couu 
L.uer  eon^siclera- 


CO!  .\'n:K'  (ASH  OF  Tin:  r.\m:i)  st\'ii:s. 


().').'» 


tioiis  tlian   tiie  I'nited  States  and  (Ireiit  Uritaiii  to  maintain  niil»r«»ken 
;li(' relations  of  perfect  cordiality  and  liieiidship. 

Tlie  undeisiiiiied  re(iuests  Mr.  Dallas  to  accept  llie  assiiranee 'li   his 
hii^licst  consideration. 

(  laim:ni)()X. 

I'or    iiiclosiires  see    Senate    Doeuiiieiits,  lirs:    and    seciuid    sf-«N;Mii> 
Tliiity-foiirtli  Con^jress,  vol.  II.  lS,").~i-".")<i. | 


Mr.  Miinii  fo  Mr.  Dallas. 


I)i:i'Ai;'i':\ii;.\i  (»i'  Stati;. 

WaxliilKlloii.  Mail  '11.  \>7)\\ 


Sii; :  The  I'rcsiiU'iit  has  earel'nily  considered  tlu^  noti' of  tlie  .'With  nl- 
niiii).  addressed  to  yon  by  the  Marl  of  (  larendon,  ller  .Majesty's  piincipal 

iirisi'ii 


Tctaiy  of  state  for  forei.un  affairs,  relative  to  the(piestions  v.iiirh  iiav«' 
between  this  (Joverniiieiit  and  that  of  (ireat   llritain  on  tin-  snli- 


jctt  of  recrnitinjH' within  the  L'liited  States  for  the  Ibitish  army,  and  lias 
(liivcled  me  to  inesent  to  yon  his  views  thereon,  lor  the  parjiose  of  ha\- 
iii;;  them  made  known  to  ller  ^Majesty's  j^overnnient. 

He  has  been  mnch  <iratilie«l  by  the  conciliatory  spiiit  nt  thai 
"ilij  note,  and  by  the  desire  *manifested  by  the  ICarl  of  Clarendon  to 
a<l.inst  the  existin*;'  dilhcnlties,  and  to  preserve  and  stren;itlien 
ik'fiiendly  relations  between  the  United  States  and  (ireat  iJritain. 
Till'  vast  interest  wliich  the  <>()vernnient  and  peojile  of  Ixdh  conntric-s 
have  in  npholdiny-  and  cherisliinff  smdi  relations  cannot  Ik-  nioie  >;ol- 
t'liiiily  impressed  n[)on  Her  ^Majesty's  j»overninent  than  It  is  ni»oii  that  of 
the  United  States. 

Tlie  unequivocal  disclaimer  by  Her  iMajesty's  government  of  '-any  iii- 
[tiiition,  either  to  iniringe  the  hiw,  or  to  disregard  the  policy,  or  not  to 
j  respect  the  sovereign  rights  of  the  United  States,"  and  their  expression 

fiogret  "if,  contrary  to  their  intentions  and  to  their  reiterated  direc- 
[tious,  there  has  been  any  infringement  of  the  laws  of  the  United  States," 
mIfl-  satisfactory  to  the  President.  The  ground  of  complaint,  so  far  as 
jitsiiccts  Her  ^Majesty's  government,  is  thus  removed. 

But  the  President  extremely  regrets  that  he  cannot  concur  in  Lord 
flaiondon's  favorable  oi)inion  of  the  conduct  of  some  of  Her  Majesty's 
"llims  who  were,  as  this  Government  believed,  and,  after  due  considera- 
tion of  all  which  has  been  offered  in  their  defence,  still  believes. 
jpifl  implicated  in  i)roceedings  which  *were  so  clearly  an  infringement 
of  the  laws  and  soverign  rights  of  this  country.  In  respect  to  such 
Ntlie.se  oflicers  an<l  agents  as  have  no  connection  w ith  this  Government. 
|tliii.s  nothing  to  ask  Irom  that  of  Her  ^Majesty  ;  but  the  case  is  different 
I" li'lation  to  Mr.  Crampton,  Her  ^lajesty's  envoy  extraordinary  and 
fillister  jdenipotentiary  to  this  Government,  and  the  consuls  at  >'ew 
k,  Philadelphia,  and  Cincinnati.  The  President  is  gratitied  to  per- 
^I'ivo  that  Her  ^Majesty's  government  would  not  have  hesitated  to  com 

lywith  the  request  to  witlnlraw  the.se  officers  from  their  oliicial  posi- 
f"iiS  if  it  had  entertained  the  views  here  taken  of  their  conduct  in  re- 

[iii'tl  to  recruiting  contrarv  to  the  law  and  sovereign  rights  of  the  United 

tate.s. 

Isi'arcely  need  say  that,  in  making  this  request,  no  interruption  of 

t'lliploiiiatic  relations  between  this  (JovernnnMit  and  Cheat  ilritain. 

pi^ anticipated;  but,  on  the  contrary,  the  J'resident  was,  and  is,  sin- 


«lo(i 


TIJKATV    OK    \VAS||lN({r(i.N I'AI'KWS    A('!'(  >.MI'AN  Vl.\(i 


yn 


'^M 


r-    1"  •      *  » 


(iiMcly  «l«'sirons  to  keep  tiM'iii  upon  a  most  tVicndly  footing;'.     Mr.  ('i;iiii|i 
ton's  withdrawal  was  asked  for,  expressly  upon  the  {ground   that  "lij> 
(tonneetioii  witii  that  atlair  (raisin^'  recruits  in  this  (iountry  lor  the  I>rit 
ish  service)  has  reiulered  him  an  nnaeeeptahle  ri'presentafivcdt 
[.")7.j]    Her  JJritannie  *Maiesty  near   this  (lovernment."     For  the  same 
reason  the  withdrawal  ol' the  three  IJritish  consuls  was  also  re 
quested.     These  ollicers  were,  as  this  (rovernment  (M>ntidently  believes. 
deeply  imi)licate«l  in  proceedinjis  contrary  to  the  law  and  sov«Meiyn  rj;,'lit; 
of  the  United  States,  ami  (rontrary,  as  it  now  appears,  to  tln^  intentions 
and  reiterated  instruc^tions  of  their  own  ^i'overnnu'iit.     It  was  their  pii 
sonid  a(;ts,  certainly  not  the  lessobjecitionahle  for  havinj;' been  donccDn 
trary  to  the  direction  of  Her  Majesty's  ministers,  which  rendered  tliciii. 
in  their  ol1i(!ial  characters  and  positions,  unacceptable  to  I  his  (iovcn 
nient,  and  induced  the  President,  for  that  cause,  t((  solicit  their  iceal 
believint'that  by  this<!Ourse  he  was(!ontril)utin<;"  to  the  common  intcicst 
and  harmony  of  the  two  ftovernments.     He  has  not,  after  the  most  iii;i 
ture  deliberation,  been  able  to  chan<;(>  his  view  of  their  (ronduct,  n 
cannot,  therefore,  chanjie  his  purpose  in  relation  to  them.     Thon<;li  tlici 
<'onduct  related  to,  and  in  fact  originated,  a  dilliculty  which  distiirliii 
the  cordial  harmony  and  j^ood  understandinj;'  i)etween  the  twoconiitrio, 
it  constituted  a  do(!i<led  objection  to  them,  of  a  personal  charactci. 
!.~»7(i|    which  loses  none  of  its  force  by  *tiie  satisfactory  adjustment  m 
that  dilliculty. 

The  only  embarrassment  which  attends  the  case  is  the  dilfcnici' i 
opinion  between  tlie  two  j>'oVernments  as  to  tlit^  complicity  ol'  tlii" 
ollicers  in  ille,ual  proceedin,ms  within  the  United  States.  In  rcviiu 
ini;-  this  subject  the  President  was  disi)()sed  to  avail  himself  of  any 
re.isonable  doubts  wiiich  could  be  raisedin  his  miml,  in  order  to  l)rii!;: 
his  opinion  in  this  resi)e(;t  into  conformity  with  that  of  Her  INlajcst)'' 
H'overnment ;  but  after  a  careful  reconsideration  of  the  case  he  has  hiii' 
unable  to  chan<»c  the  conclusion  to  whiith  he  had  previously  arriveil. 

This  ditt'ereiKie  of  opinion  may  be,  in  soau^  de;4;ret',  ascribed  to  tlic  dii 
ferouce  in  the  views  of  the  two  jiovernnu'iits  in  respect  to  the  nentraliiy 
law  and  the  soverei^^n  rijuhts  of  this  (iountry. 

It  is  not  proi)ose(l,  however,  to  continue  tlie  discussion  upon  that  sii'n- 
Ject.  The  conclusions  of  the  President,  stated  in  my  dispatch  of  tln' 
I'Sth  of  December  to  your  predecessor,  in  re,^ard  to  the  ci^nstructioii  dl 
that  law  and  the  character  and  extent  of  those  ri-ihts,  remain  unchaii.ui'il, 
and  he  cannot  forego  the  duty  of  nsiny  all  proper  means  t» 
!-"»77J    sustain  *and  vindicate  them. 

The  main  cause  of  this  difference  of  opinion  is  the  dilft'ioiit 
a])i)reciation  of  the  proofs  by  which  the  charges  against  Her  Maji'snN 
diplonnitic  representative  and  consul  are  sustained. 

Lord  Clarendon  asks  this  Government  to  regard  the  bare  dec!aratioii> 
of  these  ollicers  as  of  sutlicient  weight  to  countervail  the  evidoiicf 
against  them.  Their  denials,  as  presented  in  his  dispatch  of  the -il'tli 
of  April — and  that  is  all  which  has  been  communicated  to  this  (Joverii 
nientou  the  subject — seem  to  be  special,  and  do  not  traverse  all  the  iilk' 
gations  against  them.  They  deny  that  they  have  infringed  oar  w 
trality  law  Ijy  enlisting  persons  within  the  United  States  for  the  Dritislij 
service,  or  hiring  or  retaining  persons  to  leave  the  United  States  I'ortliij 
purpose  of  being  enlisted  in  tliat  service.  The  charges  against  titei" 
are  much  broader,  and  embra(;e  the  offense  of  violating  the  la\vs;iii(ij 
sovereign  rights  of  the  United  States  by  setting  in  operation,  witlii" 
our  territory,  and  conducting  an  extensive  system  of  recruiting,  wiii^ 
jvas   not  and   could    not   be  carried    into    effect    without   infiin.ui" 


I'ANYINIi 


rorXTKH    TASK    OF    TIFir.    rMTKI)    STATES. 


Cu 


)i 


tin^'.     Mr.  ('rami' 
irronuil  tlint  "\\\> 
liutry  i'ov  the  I'.iii 
>  icpri'si'iitativcoi 
it."     lM»r  tli»'  siimc 
lusuls  was  alsi)  ic 
•utuU'ntly  Im'Hcvcs, 
iidsovcivijiiiii^jlit' 
^,  to  tilt'  inU'iiti(>ii> 
It  was  tlu'ii-  iHi 
^•iu<;l>^'*'"  tloin'fiMi 
icirvemU'ivd  tlu'iii. 
l)k'  to  nii«  <i<»vi'iii 

solicit  their  ivlmU. 
he  coininon  iiitcivst 

after  the  tnost  in;i 
'their  comlnct,  luul 
hem.  Thoiiuli  tli.nv 
Ity  which  (listuibni 
iMi  thi'twoeonutvit^. 
jviK-rsoiialehaini'tiM. 
,(',t()vy  ad.justiiH'iU  01 

,,>  is  the  (liilVriuTo: 
complicity  oi'  thi'M 
States.     In  review 
ivail  himself  ot  any 
ul,  ill  order  to  Inui: 
hat  of  Her  Ma>"stv> 
the  case  he  liii>^  hiu'ii 
U'vioiisly  arrived. 
>  iiscrib.Hl  to  the  thl- 
H>cl  to  tlu'  neutrality ! 

nssion  upon  that  siib- 
\x  mv  ilispatch  ol  tin; 

0  the  ci^iistrnctiou  o! 
s,  remain  "nchaiip-'l. 
lU  proper   means  t^ 

ini.)n  is  the  .lilh-roiitl 
H-ainst  Her  Majesty  si 

/'the  bare  declarations 

tervail   the  eviaence 

,lispatc.h  of  tlie  ..mil 

cated  to  this  (.i.vern 

It  traverse  all  the  alK- 

Ic  infrinjJjed  our  ..en . 

States  for  the   .nt  >j 

1  United  St;ttes  0 
Ihar-es  ni^-ain^t  tiu 
liolatins  the  laws  •" 

in  operation,  ^M'." 

of  vecruitinii-.  wl>!; 

without  intii";^"'' 


'(7si  our  laws  and  *ri;4hts,  l»y  ciiiployiii;;'  niitiicrons  nf,'enls  to  ciijiiiiL;'.' 
pci'sdiis,  for  pecuniary  orothcr  »  oiisidcratioiis,  to  lca\ c  the  I  iiitcd 
States  for  the  express  purpose  of  eiiieriiiu'  into  the  llritisli  army,  and 
'ly  kcepinj^' these  a.^ents  in  this  cmpioyiiient  alter  it  was  well  kmnvii 
;!iat  tiiey  were  constantly  infi'iii<4'in,y  our  laws. 

file  (leiiial  of  tlie  impli(;ated  olhcers  (Mily  covers  a  part  ofthedeiin- 
ijiuiicies  imputed  to  them  ;  but,  eonliniiii;'  their  ex<'iili>atoiy  deeliuat  ion 
to  tlie  simple  chiiiu'e  of  having'  violated  the  pro\isions  of  oiir  neutrality 
lit.  it  does  not  merit  the  consideration  which  Lord  Clarendon  his 
iMiilied  to  it.  r>y  adoptiniL''  Lcu'd  Clareiidoirs  construction  of  our  neu 
•lality  law.  contained  in  his  note  of  tlie  ](!tli  of  No\-cinb(M'.  which  rcii- 
I'.i'is  it  almost  nu.uiitory.  and  is  contrary  to  that  (»fthis  (lo\-ernmeiit  and 
oi  itsjudicial  triluinals,  these  ollicers  have  not  prol»ably  found  much 
'HiliiU'rassment  in  meelinii,^  the  chai'ii'es  with  a  jicneriil  (leni;il. 

lint,  uiviii'^' to  the  declaration   of  Mr.  Crampton  and  the  consuls  nil 

;lii'C(iiisidcral ion  which  can  be  fairly  elaiiiied  lor  it    nmh-r  the  circiim 

viiiiccs  of  the   case,    it  cannot  coniiti'ibahMice   the  nnimpeached    and 

wellsustaiiicil    evidence  which  <'stablishes    the   c!iar;4('s   ni^ainsl 

jy.i]    *tliese  ofliccis  of  liaviiij;'  inlViiiyeil  the  laws  and  soverci.;;'!!  ii,i;hts 

of  the  Tnited  States. 
1,01(1  riarendon's  note  to  you  of  the.'JOth  of  .Vpril  conveys  the  im])res- 
111  that  til  '  evidence  by  which  these  oilicers  ari'  im|)licated  is  deriv<'d 
!i nil  one  or  tv.o  v.itnesses  whose  cre(lil)ility  has  been  assailed.     This, 
iHwever,  is  not  a  c<nT(>ct  view  of  the  facts. 

r.y  tlie  examination  of  my  disi)at<'h  of  the  28th  of  December  it  will 
ii'perceived  that  these  witnesses  were  stronyly  corroborated,  and  that 
icic  are   proofs,  wholly  independent  of  their   testimony,  abundantly 
iiliciciit  to  estal)lish  the  complicity  of  Mr.  ('rami)ton  and  I'le consuls 
iulic  iiifriir^cment   in  the   laws  and   soverei;^ii  riii^hts  of  the    I'nited 
iiites.     1  trust  it  will  not   be  (]uestioned  that  it  belongs  exclusi\-ely  to 
ii-(h)vcrnmeiit  and  its  judicial  tribunals  to  j^ive  a  construction  to  its 
iniii('i])al  laws,  and  to  determine  what  acts  done  within  Its  jurisdiction 
11  iiifViii.U'cmeiits  of  thosi^  laws.     This  is  a  matter  which  concerns  its 
lii.iial  administration,  and  it  cannot  allow  the  a.^ents  of  any  foi'cj.^n 
iwir  to  controvert  that   construction  and  Justify  their  (conduct  l>y  a 
itliivut  ii.terin'etation  of  our  laws,  which  virtually  r«'nders  them  inef- 
fective for  the  imrposes  intended. 
''ij       The  Earl  of  Clarendon  informs  you,  in  his  note  *of  the  oOth 
of  April,  that  3Ir.  Crampton  ])ositivcly  denies  the  char;;'e  of  com- 
iiity  in  any  of  the  acts  of  illepil  enlistment  in  the  United  States,  and 
lilt  the  tlirir  consuls  inculjiated  do  the  same.     He  assumes  that  tin- 
iii;;e  aoaiiist  them  is  sustained  mainly  by  the  evidence  of  two  ]>ersoiis, 
ioliel  and  Hertz,  whom  he  conceives  t(>  be  unworthy  of  credit;  and 
iiplicals  to  the  American  Government  to  accept,  us  com;lnsive,  the 
''■li'.nitions  of  the  minister  and  consuls.     I  am  instructed  to  say  that 
use  considerations  do  not  relie\'e  the  President's  mind  of  the  uiifaxor- 
iMiiipressioiis  produced  by  the  condimt  of  those  gentlemen  in  relation 
torejon  recruitment  in  the  United  States. 

It  will  be  seen,  by  referring  to  my  dispatch  of  the  28tli  of  DeciMiiber, 
^'■liicli  the  grounds  of  charge  against  3Ir.  Crampton  were  fully  stated, 
lit  the  testimony  of  Strobel  and  Hertz  was  quite  a  secondary  and  an 
ilHutant  part  of  the  evidence  adduced  ;  the  cliarge  being  sii])ported, 
'I'liendantly  of  their  testimony,  by  other  witnesses,  by  oiiginal  letters 
ill.  Crampton  and  others,  and  by  undenied  and  undeniable  acts  of 
•  t'rai  Upton. 

[^^  to  Strobel  and  Hertz,  however,  it  may  be  observed  that  the 
42  a 


^m 

i-ji^^ffi 

ii^ 

I  IflHijir 

1 

1  "•-  VJ 


■i''  ■- ' 


iu)H 


TKI:ATV    01"    \VASIllN(.T(iN — .AI'KKS    ACCOMTAN Vl\(; 


Ji       ! 


|.")S1]  tlocmnt'iits  tiiiiisiiiiltt'd  1»_v  *r,»»i<l  rijiiciMlnii,  jim  pruviny  tlidsc 
persons  iiiiworlliy  of  cicdil,  iin'  ('iitith'«l  In  l»iit  little  \vei;;|ir.  ru\\. 
sisliiij;',  iis  they  do,  eliielly  ol  t.f  jmih  iilliiiiix  its,  (letiiiliii;^'  iiiiitteis  mnsilv 
of  mere  lieiiisiiy.  Ami  wliiitever  iiiiiy  lia\<'  Ix-eii  I  lie  (tliiiiiieter  ol'  iIiu.m. 
peis(»iis,  it  by  no  iiieiiiis  lollows  tli;it  tliey  did  not  testily  to  (lie  imtli. 
Tlu-y  \v»'i('  }i;;ents  seleete<l  :mi<[  tinsled  h_\  .Mi.  ( 'liiiiiptoii  liiiiisell.  mikI  to 
tiieni  lie  eoiiiinitted  most  iiiipoitiiiif  eiMieerns,  Siieli  an  iMiloiseinciii 
slionld  eoiintei'N  nil  the  impeaehiiient  ol'  their  veracity  t'oiinded  on  Ioom 
hearsay  repoijs.  Nor  does  it  si'eni  to  l»e  a  thin;;'  of  miieh  iiioinciii  jn 
relation  to  the  present  qileslion,  that  Strohe],  in  eonseipienee  (»r  iiii|Mi|('i| 
niiseondiiet,  was  disiniss<'d  from  employment  by  the  lieutenant  nuNeiinn 
of  Nova  Scotia,  and  atlerward  endeavoicd  to  obtain  money  IVoin  Mr. 
Crampton.  The  fact  I'emaiiis,  that  h(>  held  a  eominissioii  in  the  Ihiiish 
foreijun  lej;ion,and  that,  as  it  is  clearly  proved  and  U(»t  denied,  he  niiijn. 
tained  as  a  recrnitin;;  oflicer,  and  for  a  considerable  period  of  time,  iissn 
ciation,  personally  or  by  eorrespondenee,  with  .Mr.  ("rampton.  Tlic 
employment  of  Strobel  by  Mr.  ("rampton,  thi'ir  Ion;;  association  in  tlic 
Joint  woiU  of  recruiting' in  the  Inited  Stat«-s  for  the  foicii^ii  lenidn. 
I^SliJ  th(!  distinction  of  *her  .Majesty's  commission  of  captain  in  tlmi 
(!<)r|»s  conferred  on  Strobel,  would  seem  at  least  to  depri\e  Mr. 
Cramptou  of  the  ri<j;ht  to  aiiay  his  credibility  as  a  witness. 

J>ut  there  is  ii  larger  and  more  comprehensive  (;las.s  ol"  considerations 
applicable  to  the  jKirticulai' ipiestion. 

l-'or  a>  period  of  nearly  live  months,  that  is,  from  about  tlie  midilli'dt 
^Mareh,  LS.")."),  to  the  ."ith  of  August,  IS,")"*,  the  jjeace  and  order  of  tlijs 
country  were  disturbed,  ■  speci.illy  in  the  cities  of  Jloston,  New  Vdik. 
J*hilad«'lidiia,  and  Cincinnati,  by  the  unlawl'ul  acts  of  numerous  i)ei'.suiis 
enya^etl  in  raisinjn'  recruits,  or  in  bein^'  recruited  for  the  British  foreifiii 
legion.  Tliey  were  supplied  with  ample  funds  by  Ibitish  agents.  TIkv 
obstinately  resisted  an<l  set  at  nauyht  all  the  ellorts  of  the  local  autlioii 
ties  of  the  United  States  to  put  a  stop  to  their  proceedinj;s  ;  nor  diil 
they  desist  until  they  received  orders  to  that  eille<;t  from  the  r.riti>lii 
government  in  the  month  of  August.  The  recruits  thus  unlawliillv 
raised  in  the  United  States  during  all  that  time  were  (^mveyeil  livi 
J>ritish  agents  to  Halifax,  and  there  enrolled  in  tiie  foreign  Ic^iimi, 
[o.Sol  All  these  acts,  as  well  as  their  illegality,  *were  notorious.  Imvj. 
before  the  liial  of  Hertz  in  Septemlier,  and  of  Wagner  in  Octolici.l 
they  must  have  been  brought  to  the  particular  notice  of  31  r.  ('raiiipidii, 
the  Uritish  consuls,  and  other  agents,  by  ineliminary  judicial  iiniiiiriis 
which  took  place  both  at  New  York  and  IMiiladelpIiia. 

In  conse»iuence  of  the  steps  to  that  elVect  taken  by  me  on  tlie-LMi'tj 
March,  the  i»roper  instructions  w»'re  issued  on  theL'.'id,  and  pr.)seciitii> 
commenced  in  riiiladelphia  on  the  oOth  of  .March,  and  in  New  Yoikcnl 
the  oth  of  A]»ril. 

x\s  e.vample  of  the  character  of  these  proceedings,  their  m)toiii'iyj 
and  their  conclusive  legal  erte<*r,  whi<'li  oceuiied  in  May,  deserves  p;iij 
ticular  notice- 

At  New  York  on  the  lith  of  May,  a  number  of  persons,  namely,  Gtitlj 
fried  AVaditer,  Wilhelm  Schumacher,  .luiius  I'arkus,  Oscar  Croiiu'y,iiiil 
Andrew  Lut/.  were  e.xamined  before  Commissioner  Betts  on  the  ('iiiir;.'er 
of  recruitment  for  the  service  of  (Ireat  Britain.  Eminent  coui.ool  wtii 
employed  by  the  parties  accused,  who  argued  that  no  offense  had  bwi 
committed,  because  it  did  not  appear  that  any  valid  coiitriittil 
[584J  enlistment  iiad  been  consummated.  *But  this  ground  of  (U't'iiis< 
was  overruled  by  the  coujmi.s.sioner,  wLo,  though  he  discljaijftij 


^m^lff 


NYINT. 

I>ruviii);   tliosc 

tic  wi'ii^lit,  cull- 

inattcr>  iiin>ily 

Ul'iH'tcr  ul'    lllUM' 

ilv  to  lUf  triUli. 
1  hiiiiscU'.  iiinl  tu 
ail   iiulorsi'iiu'ut 

OlllllU'tl   *»ii  l'"»f 

iicli  iiittiuciil  in 
iciici'  (»r  iiiipiiU'il 
ilciiniil-;;<>\fniuv 

moiii'V  IVt)iii  Mr. 
on  in  the  liiitisli 

(U'liitMl,  In'  iiiiiiii- 
■iod  (tf  tiiHc,  iissit 

("rainpton.  Tlir 
issot'iatiou  in  the 
tlK'l'oiviiJiM  lt'!:;i»'ii. 
[■  captiiiii  in  thai 
\st  to  «U'i>iivt'  Mr. 
ncss. 
,  of  consiiU'vatioiis 

Dont  the  niiiVl'i'  <it 
ami  onU'i-  of  tlii> 
lloston,  >'ew  Vtuk. 
■  luinunous  lu'ismis 
the  Ui'itish  tbu'i^u 
litisli  a};viits.  Tiny 
,f  tin-  local  autlmii 


COl'NTF.U    (A.'^r,    nv    TIIK    I  :  ITKIt    .s|'Air.,<. 


(If)!) 


)(H'»' 


(lin.n'S 


iiov  (lid 
It"  iVoui "  tin'  r»»'iti>li 
ts  tlms  nnlawiiilly 
\vovc  cunvcyt'in'y 
1  tiie  lorei.nii  l*'ji'""' 


ic  noti)nous. 


Lull: 


KVajAiuT  ill  Octului.l 

1,.  ofMi'.  ^'»''""1'^*" 
•y  judicial  inqiavusl 

')V  me  on  llu'  ^^^  4 
a,  ami  i.vas(>(!ntion>l 
ml  in  ^^ew  York  (Oi 

|n..-s,  tlnMV  nt)toviety| 
May,  ik'serves  iiiU-l 

Irsons,  namely,  Ooaj 
],OsciivOionu',y,aiiiJ 
jtetts  on  the  ('lim'iij 
Liinent  com..H-l  jviij 
\xo  otJVn.se  Ir.ul  I'l'^'J 
[uv  valid  contract ij 
is  ground  of  (U'H 
kouS-U  lie  discluuiSt^ 


Wiicliter  Cor  ilc'cctive  evidence,  coiniiiitted  liUtz,  Scliumacher,  Cromey. 
,111(1  rarkiis. 

At  I'liiladclpliia,  on  tlie  L'.'dli  of  May,  tliiee  iicrsoiis.  IFcrtz,  iV-rkins, 
•iiid  UncUnall,  liavinj;'  been  arrested  on  the  charj;*'  of  ille;;al  rt'crniiinu' 
111  tlie  service  of  (licat  Hiitain,  applied  l(»  tiiecircnit  conrf  of  the  I'niled 
States,  by  liiihnis  i-orjiiis,  to  lie  disehariu'ed  from  custody.  The  pi('sidiii<>' 
iiii|;;c,  the  lion,  .lolin  K.  K:ine,  on  exaniination  of  tlic  i>vidence  talvcn 
111  tlie  case  before  a  C(»nmiissioncr,  fonnd  that  the  pro(tfs  were  snfli- 
lidit  to  biin.u'  the  acts  of  Hertz  and  Perkins  within  the  condition  of  the 
law,  bnt  not  so  as  to  liiicknall.  Accordingly,  tiic  lattt'r  \vasdis(,'harj;cd, 
hilt  the  two  f(»riner  were  committed  for  trial. 

Tims,  so  early  as  .May.  it  was  judicially  shown  that  what  was  doin;^' 
iiitliis  rcsjiect  was  tiiilawfni.  .Mr.  ('rainpton  was  ac(|naintcd  with  these 
|iiiicfcdin''s.  and  was  tlms  snilieiently  admonished  that  the  ads  of  rc- 
iiiiitinent  carri<'d  on  nmh-r  his  authority  did,  in  fact,  whatcNcr  may 
liiivc  been  lii.s  intention,  constitnte  a  violation  of  the  mnni<-ipal  law  of 
the  rnitcd  States.     This  had  'leen  decided  by  the  cimrts  (»!'  the  I'nited 

States,  and  was  pnbliely  and  exleiisively  made  known.  It  is  not 
,'iS,'(J    controverted,  "indeed  it  is  admitted,  that  he   had  ti<e  recrnitiiij;' 

business  in  his  charji'e  and  under  his  control,  yet  In-  p,  ;iiilled  it  to 
lie  continned,  althon;4h  .jndi(Mally  determined  to  be  unlasMul,  lhrini;^h 
ilic  iMonrhs  of  May,  rinne,  July,  into  Au};ust. 

X(i\v  this  Ion;;'  series  of  a(rts,  unlawful  and  otherwise  irejmla.'ial  t(»  the 
;'ii()(l  name  and  the  trampiility"  of  this  country,  were  perforiued  l)y  per- 
sons who  were  libe'-.illy  paid  by  British  ollicers,  and  many  of  whom 
iictiially  entered  i.i,'  military  .service  of  (Ireat  llrirain.  Tiial  wasincon- 
tcstuhly  proved  on  the  trial  of  llert/  and  Wa<;ner  by  e\  idence  which 
lias  not  been,  and  cannot  be,  itnpeached ;  and,  althou.i'h  the  evidence 
iiilduced  on  thesis  trials  does  not  need  corroboration,  still  it  may  not  be 
aiiiis.s  to  add  that  mmdi  other  evidence  to  the  same  ellect  is  in  the  posses- 
sion of  this  (lovernment,  some  of  which  is  annexed  to  this  dispatch  in 
the  form  of  documents  responsive  to  those  accoinpanyiii};'  the  letter  of 
till'  Haii  of  Clarendon. 

Wlioistobeheldacconntableforthe.se  unlawful  acts?     Were  they 
;ill  lierformed  by  volunteer  and  irresp(m.sible  jier.sous,  as  argued  in  the 

Earl  of  (Marendou's  dispatch  of  the  Ifith  of  July  !  That  cannot  be 
■Mij    admitted,  for  the  conclusive  nNV.son  that  they  p'cn'ivcd  (lay  *from 

IJritish  oiticers,  and  of  cour.se  were  employed  by  some  responsible 
;i;;oiits  of  the  ]>ritish  government. 

The  Ear!  of  Clarendon,  in  behalf  of  Her  ^lajesty'H  government,  dis- 
idiiiiiis  all  intention  to  violate  the  laws,  c(nnpromise  the  neutrality,  or 
hlisrcspeet  the  sovereignty  of  the  United  States  by  eidisting  troops 
|«itliiii  their  territory.  Tlie  President  unreservedly  ac(!epts,  and  is  fully 
isitisticd,  with  this  (lisdaimer.  Ofcour.se  the  unlawful  acts  in  <pU'sti(Ui 
pvcri'  not  authorized  by  the  British  govtu-nmeut ;  but  the  fact  is,  never- 
I'lcss,  well  established  that  they  were  done;,  and  done  in  the  name  an<l 
lit  the  exjieuse  of  the  JJritish  government.  Who,  then,  is  responsi;ih' 
jiiir  those  a<^ts  ?  Were  there  no  direct  proof — though  there  is  much  of 
Itliat  character — the  inference  would  be  irresistible  that,  not  b;  ing 
liwtliorized  by  the  British  government  itself,  they  were  tlie  unauthorize«l 
jacts  of  British  agents  in  the  United  States.  Such  agent.^,  having  acti'd 
|iii  willful  disregard  of  the  order.s  of  their  govermnent  in  ilius  infringing 
our  laws,  may  have  failed  to  inform  their  government  that  what  they 

had  undertaken  to  do  could  not  be  done  without  infringing  tho.se 
fi^'i]   laws;  or  by  mismanagement,  iii'discretion,  or  over  *zeal,  they 

may  have  participated  in  such  infringement,  though  well  know- 


./f 


4 

•r 

yi 
i 
1 

'1 


(;g<) 


TKKATY    OF    WASHINGTON PAl'EKS    ACfOMPANYIXG 


iii;i'  it  was  contrnry  to  the  wishes  and  tho  exitvcss  ordcM-s  of  their  ^nv. 
«i  iiiiu'iit.  However  tliis  may  Ite,  it  is  (•ertiiiii  that  agents  existed,  Ik-. 
cause  tlieir  aets  ai>|>ear.     Wlio  were  those  agents  :' 

or  this  we  are  nor  left  in  (haiht.  In  the  (h»emnents  on  the  snhjcc! 
recently  hiid  before  Parliament,  it  is  distinctly  staged  that  the  eiili>t 
ments  in  the  United  States  did  nol  stop  until  yiv.  C'rampton  {»ave  ord^is 
for  tlieir  <'essatii»n  on  the  ."ith  of  Au}>iist.  lie  had  jmwer  to  stoj*  tin 
acts  of  eidistment:  he  knew  the  i»roceedin<>s  were,  fioni  the  coiniDeiicc 
ment.  exceedinyly  ottensive  to  this  ( lovernment,  and  that  it  was  devotiii- 
its  a<'tive  ent'ijuies  to  ari'est  them ;  he  was  bound  to  know,  he  could  imt 
but  know,  what  was  notoritius  to  all  the  world,  tliat  throujih  the  inoiitlis 
of  Ai)ril,  ^lay.  Jr.ne.  and  July,  the  recruitin^i"'  agents  in  various  ))arts(ii 
the  United  States,  and  CMnsjiii-nously  in  JJoston,  New  York,  IMiiliidil 
l>hia,  and  Cincinnati,  were  keeping  up  a  most unseendy  contest  witli  tin- 
law  ollicers  of  the  Unite<l  States,  and  that  at  least  as  early  as  ^iav  tin 

illejiality  of  the  ]»roceedings  had  been  pronounced  by  the  fcdcnil 
[.jSSj    courts  *in  New  York  ami  Philadelphia;  ami  yet,  notwithstand 

ing"  this,  lie  permitted  the  unlawful  iictsin  ((uestion  to  j>()  on  wiili 
out  check  until  tin-  month  of  August.  For  thus  giving  countenance  *■ 
tliest'  illegal  proceedings  he  is  distinctly  resjjonsibh'. 

I)Ut  his  accountability  extends  yet  iurthei';  tor  the  same  docmiKiii> 
sImuv  that  the  ollicial  suggesti(»n  to  the  Ibitish  government  of  the  iiii 
toward  scheme  of  obtaining  recruits  in  the  Unired  States  came  fioi'! 
the  correspondence  <»f  Mr.  Crampton,  and  of  the  consuls  at  New  Yoil;. 
riiiladelidna.  and  Cincinnati;  and  that  to  Mr.  ('rami)ton  were  tin 
si'.perintendeiice  and  executitm  of  the  scheme  committed.  And  fliiisi; 
is  that  he  who  directed  had  the  jtower  to  stoji  the  jiroceeding  :  and  tiiib. 
tiom  early  in  ^larch  until  August,  he  is  found  busily  occujiied  in  sniiti 
intending  enlistments.])artly  in  the  I'nited  States  and  i»artly  in  (';n!at!;i 
and  Nova  Scotia,  and  in  issuing  instructions  to  the  agents  eiigagei!  i;- 
that  enterjjrise. 

It  does  not  sullice  for  'Mv.  ('ram]»ton  now  to  say  that  he  <lid  not  iiitcii'i 

to  commit,  or  participate  in  the  commission  of,  any  infringeiiidit 
loSOj    of  the  laws  of  the  United  States.     II<^  was  *the  directing  Inaii 

of  long-continued  ififringements  of  the  law;  it  was  nndei'  siiih 
rior  authority  from  him  that  acts  of  continuous  violation  of  law  wtic 
jicrpetrated  by  the  inferior  agents;  some  of  those  agents  are  proved, 
by  his  own  letters.  t(»  have  held  tlircct  intercourse  with  him  :  and  ar 
every  stage  of  iminiiy.  in  numerous  cases  investigate*!  by  the  Aineriean 
Gt>vernment,  there  is  lefereiice.  by  letter  and  oral  declaration,  to  iln 
general  superintendence  of  3Ir.  Crampton. 

His  moral  and  his  legal  resjiunsibility  mv  thus  demonstrated.    \Vjt!i 
full    inf«)rmation  of  the  stringency  of  the  laws  of  the  United  StaKv 
against  toreiyn   re<'rniting.  with  distinct  jierception  of  its  being  all  Imii 
impossible  to  rai>e  leernits  here  without  infringing  the  laws,  and  villi  1 
knowledge  of  the  »-oi;demnatory  Judicial  procee<lings  of  A\n\\  and  Ma} 
at   New   York  and  Philadelidiia.  yet  he   ]>ersisted  in  carrying  on  tin 
scheme  until  August,  when   its  (dtstinate  ]>rosecution  ha<l  at  liii.ut!; 
Iirought  on  a  nmst  unjileasant  controversy  between  the  United  Stati^ 
and  Great  Britain.     Anti  it  is  iiot  the  least  of  the  causes  of  coiiip!:ii!' 

against  ^h:  ("lampton.  that  by  his  acts  of  commission  in  tiib 
joi'ttj    business,  or  in  *failing  to  advise  his  goveiiiment  of  the  iinpiadi 

eability  «»f  the  undertaking  in  which  he  was  embarked,  and  tli( 
series  of  illegal  acts  which  it  invtdved,  and  in  neglecting  to  observe  tin 
geui'ial  orders  of  his  government,  and  to  sto])  the  reciuiting  lure  tin  | 
moment  its  illegality  was  pronoumed  liy  the  jiroper  legal  authorities d 


PANYIXG 

l(M's  of  tljcir  jiiiv- 
^eiits  existi'd,  In- 

ts  on  the  siibjcci 
[\  tliat  tlio  t'nli>t 
nptoii  gave  onlcis 
|)o\v«'r  to  stoji  till 
)in  tli<'  ooinim'iicc 
lat  it  was  tlwotiii;: 
mow,  ho  c'oiiltl  iKit 
iroujjli  tho  moiitlis 
in  various  parts  ni 
L'W  York,  riiiliitti! 
ly  contest  witli  tln' 
s  early  as  May  tin 
uhmI  by  till'  fcdcial 
yet,  notwitlistaiiil 
stion  to  Jit)  on  wit!; 
ing'  connti'iiain't'  *  ■ 

lio  same  ilocniiMis^ 
■crnnK-nt  of  tlic  uii 
il  States  eaiiie  fnnii 
nsnls  at  >'e\v  Yoil;. 
'ranipton  were  tin- 
litted.  Andtlmsit 
iiceeding-.  and  tIiun 
V  o('cni>ie(l  in  suiu! 
hil  partly  in  (":nKi<!;i 
'  asents  enjiajr*.''!  i- 

t  lie  (lid  not  iiitciui 
niiy  inlVinueimiit 
lie  'direetin.U'  lit'ii'i 

it  was  under  sniic 
hition  of  law  wiic 

agents  are  proved. 
witli  liim  :  and  .it 

.Ml  by  the  Auierii'n'i 
declaration,  to  tl^' 

inonstrated.    ^^it'il 
the  United  Stiitc^ 
«>f  its  being  id)  I'Ht 
the  laws,  and  witb 
of  Apiil  and  M;i,v 
in  earrving  on  llifj 
tion  had  at  leni;t!! 
the  United  St;it('> 
•auses  of  eoiiipliiii:' 
com  mission  in  t'"" 
•nt  of  the  inipnicti 
endiarked,  and  tln| 
H-ting  to  observe  t!ir 
1  eel uiting  here  tl:f 
legal  authoiitust't 


COUNTER   CASE    OF   THE    UMTEI)    STATE-^. 


6G1 


•lii>  Unite<l  States,  he  was  recklessly  end:ingering  tlu*  liannony  and 
!i"iR'e  of  two  great  nations,  whi<'li.b_\  the  eh;ira<'rer  of  their  coniiiiereial 
relations  ami  by  other  considerations,  iiave  tin-  stroiigi'st  p(>ssible 
iiidiicements  to  cidtivate  reciprocal  ami<^y, 

Tlie    foregoing    coiisideiations  snl)staiitially    apply   to  the  conduct 
111'  the    IJritish  consuls    at    Xew  Yoik,   IMiiladtd|diit,  and  Cincinnati. 
Though  of  subordinate  otlicial  character.  tlM*y  are  not  less  respoiisii)le 
iliaii  .Ur.  Craiupton.     Tlie  coiitinuttas  violation  of  tiic  law  ]>rocceded 
viitliin  their  respective  consuhites,  luoiitii  after  mouth,  under  their  eyes, 
iidtoiily  without  any  ai)parent  ertbrt  on  their  part  to  stop  it,  luit  with 
luore  or  less  of  their  active  participation  therein.     Tiie  (;onsidate  at 
New  York  apiu'ars  to  have  been  tiie  point  at  which  the  largest 
.V.ll]   exp(Miditiires  were  made;  *and  it  is  proved  by  doi-iinients  here- 
with trasmitted,  that  payments  at  that  (•onsular  <dlice  to  s(»nie  of 
till' iTcruitiMg  agents  continued  to  l)e  made  by  the  secretary  of  tlie  con- 
sul and  in  tlie  (consul's  inescnin',  from  time  to  tiiins  down  to  the  very 
iii'diuiing  of  January  of  the  present  year. 
Tlie  President,  as  lias  alreaily  been  stated  by  me.  cinicit  admit  the 
iitRc  of  the  obJ(H;tion  now  urged  of  alleged  want  of  ie>:>eet  lidlity  on  the 
|i;iit  of  som(M>f  the  witnesses  by  whom  these  facts  were  proved,  and  as 
Mwliom  a  prominent  cau.s(»  of  sindi  alleged  want  of  lesitectability  seems 
'ii  1)0  the  fact  that  their  evideiH-e  has  inculpated  their  accomplices  in 
till' violation  of  law.     The  testimony  whicii  most  ilirectly  incidpates  the 
Hiitisli  consul  at  Xew  York,  as  will  be  perc«'ived  l)y  tlie  inelosures  lu're- 
vitli,  is  in  Lhe  allidavits  of  tli;,'  very  persotis  reliel  on  by  Her   Miijesty's 
.'incniment  for  i»roi»fs  in  this  caie,  and  who.se  depositions  ac.omi»aiiy 
Loi'il  Clareiidoirs  note  to  you  of  the  -UHh  of  Aprd. 
T\u'   Earl    of  C'laieiidon  pertectly  w«dl   uinlerstanils   that,  in  <;rear 
ili'itaia  iis  well  as  in  the  United  States,  it  would  be  impossii)le  to  ad- 
in.nister  [tenal  Justice  without  ot-easiiHially  receiving  the  evitlenee 


■•■M 


.Vl'> 


of  accomplices.  In  (ireat  *  Mritain.  not  only  is  evidence^  ot  this 
class  re(!eived  continually  in  state  trials,  as  well  as  in  inferior 
matters,  but  rewards  and  other  special  intlnceiiieuts  are  held  out  to 
<;icli  witnes.ses  by  not  a  few  provisions  of  acts  of  I'arliameiit.  The  com- 
l«teiicyof  such  i»er.soiisas  witnessesin  a  given  ca.se.and  theircrediidlity, 
arc.  ill  liotli  countries,  ([uestions  up  >n  wliieh  the  court  and  jury,  in  their 
iv>[)i'ctive. spheres  of  jurisdiction,  ultimately  pass.  In  the  present  case 
'•'Hidiisions  have  been  established  on  doeiimentary  ju-oofs  and  other 
'iiii:iil)oachable evidence,  by  proceedings  befon*  the  proper  tril)unals  of 
*!ii' United  States,  by  the  verdicts  td'  juries,  and  l»y  the  ruiings  of  judges, 

liiili  must  be  held  as  dual  in  the  estimation  cdthe  President. 

Tlic  Earl  of  ('larendon  suggests,  as  a  c(»nsiderati<in  pertinent  to  this 
iHfstion,  that  the  minister  ami  consuls  ha<l  no  means  or  opportunity  (d" 
ii'iiitting  the  charges  thus  indirectly  brought  against  them,  in  tin*  trial 
"1  the  inferior  iccruiting  agents. 

Ill  regard  to  the  consul.s,  the   Earl  uf  Ularemlon  errs  in  supposing 

wt  they  had  not  full  means  ami  opp*»rtuiiity.  if  they  saw  tit.  to  appear 


and  to  eonfront  and  contradici   anv  acj-iising  witnesse 


Thev 


■jJ')l  *were  not  allowed  to  interfere  in  the  trials  by  mere  letters  written 
for  the  occasion,  which,  indeed,  they  could  not  have  done  huvfully, 
Wtlieie  been  no  such  [uohibition:  lnU  if,  coiiseioiis  of  their  own  iniio- 
■'■ii'v,  and  that  of  tlie  parties  on  trial,  ami  tliat  their  own  acts  would 
■^H' examination,  it  was  alike  their  duty  and  their  right  t(»  appear  and 
|*^'y  so  «m  oath,  and  to  coati.idiel  by  tiieir  testimiMiy  whatever  was 
'Wl  against  IJriti.sh  otliriers  ov  agents,  if  known  totlnvii  to  be  untriu'. 
is  it  any  just  cause  of  couiplaiut  that  evidence  was  received  upon 


.\ 


or 


662 


TREATY    OF    WASHINGTON rAPKJJS    ACCOMPANYING 


I 
1     t 


4    i 


these  trials  impugninfif  the  .nets  of  Mr.  Crainptoii.  It  was,  in  the  due 
eonrse  of  proceeding's,  required  to  be  shown,  as  against  the  parties  on 
trial,  that  the  re<')nitnients  in  whieh  they  were  en};a}'(Ml  were  foi'  tin- 
s»Mvi(te  of  a  foreijin  jjovcrnment.  Mr.  Cranipton  was  himself  i)rivili'gvi| 
from  trial  for  violation  of  the  nuinicipal  law;  but  the  persons  whom  he 
employed  were  not  for  that  canse  to  go  nnpnnished,  nor  was  the  admin 
istration  of  penal  Justice  to  be  indelinitely  siispenihul  on  a(;count  otliis 
position,  and  the  diplomatic  immnnities  which  that  conferred.    On  tlif 

(iontrary,  it  was  peculiarly  proper  that  tlic  fatits  by  which  he  \v;is 
[.j94J    implicated,  but  for  which  *he  could  not  be  tried,  should  be  verilicil 

in  due  form  of  law  for  the  information  of  his  own   government, 
as  well  as  that  of  tlie  United  States. 

The  Earl  of  Clarendon  remarks,  in  his  letter  of  the  3()th  of  April. 
that— 

The  iiitoiitioiisof  th(>,  Britisli  <j;ovormnoiit,  .iiultlie  aiTaiiniMiioiits  niado  to  ouiry  tlicN. 
iiitciitioiiH  into  execution,  were  not  eonceiilefl  from  tlie  (loveriniieiir  ot  the  l'ii:;.il 
.States.  Tiiose  iiiteiitioiis  and  arnni^jenients  wtsre  tViinkiy  stated  l»y  -Mr.  t!raiiii)t(iii  in 
^Ir.  Marcy  in  a  conversation  on  the '22(1  of  March,  IH"),");  and  tlie  only  oliser\  atimiv 
whieli  .Mr.  .Marey  made  in  rejily  were,  tli.'it  the  nentrality  laws  of  the  United  Staii'< 
would  lie  lijjidly  enforced,  hut  that  any  niimlterof  persons  who  desin^l  it  mi^lit  Icav.' 
the  United  States  and  S'et  enlisted  in  any  foreijjn  service. 

It  is  inciunbcnt  on  me  to  say  that  in  this  respect  the  Kail  of  Clnrcii 
don  labors  under  serious  misapprehension,  which,  while  it  serves  in 
part  to  explain  how  it  happeruMl  that  the  enlistments  went  on  for  sn 
many  months,  in  a  manner  contrary  to  the  intentions  and  expn^ss  ordcr- 
of  the  JUitish  government,  also  .stnves  to  increase  the   weight  of  Mi. 

Crampton's  responsibility  in  this  respect. 
|r)*>r»]        *I  repeat  now,  with  entire  con.s(M(Misness  of  its  aecMiracy,  what 

I  stated  ill  my  li'tter  of  the  L'.Sth  of  December  last,  that  at  thiit 
interview  (on  the  *iL'd  of  March,  the  only  one  1  ever  hail  with  Mr.  C. 
as  he  a«lmits,  in  whicii  the  recruitment  business  was  alluded  to)  "he  (Mr. 
Cramptoii)  had  satisfied  nu»  that  his  go.ernmeiit  had  no  comiectio'i 
with  it,  and  was  in  no  way  resi>onsible  lor  what  was  doing  in  tlie  IJiiittil 
States  to  raise  recruits  for  the  British  aniiy:"  "Imt  I  am  quite  certiiiii 
that  on  no  occasion  has  he  intimated  ti»  me  that  the  liritish  goveraincnr. 
or  any  of  its  oflicers,  was,  or  had  been,  in  any  way  ctHicerned  in  seiidin: 
agents  into  the  United  States  to  recrui^  therein,  or  to  use  any  indiicc 
nieiits  for  that  i)uri)ose;  nor  did  he  e\er  notify  me  that  he  was  talciii,::. 
or  inr»  iided  to  take,  any  part  in  fuiLliering  such  proceedings.  Such  i 
coniniunicatioii,  timely  made,' would  i)robaI)ly  have  arrested  the  misL'hir!| 
at  its  commencement." 

If  he  had  then  apprised  uw  of  the  system  of  recruiting  whicdi  hadiKJ 
that  time  i)een  already  arranged  and  put  in  o|»eratioii  within  the  UiiitiM 

States  by  British  agents,  and  under  his  suiK'riutending  directtinii. 
[."jJXiJ    he  woidd  have  been  i)rom[)tly  notilied,  in  the  most  positive  *teMii>.| 

that  such  acts  were  contrary  to  the  municipal  law,  incompiitiltltj 
with  the  neutral  i>olicy  of  the  country,  a  violation  of  its  national  sov 
ereignty,  and  especially  e.Keeptioiial)h^  in  the  person  of  tht;  represent! 
tive  of  any  foreign  government.  Mr.  Craini)ton  admits  that  1  speciiilly) 
warned  him  against  the  violation  ot  our  neutrality  laws,  but  hliinu'| 
Hie  now  for  not  then  stating  to  him  that  my  construction  of  that  Imfl 
dilleied  from  his  own.  But  no  such  ditterenee  of  opinion  was  then  <lf| 
veloped.  Mr.  C'raniiiton  oi  that  occasion  manifested  a  (M)inei<leii('<' ioj 
the  (>piiiion  as  to  the  ])rovisioiis  of  that  law  which  1  then  held,  aiid  Iniv^ 
since  fully  disclosed.  He  called  ui)on  me  to  show  a  letter  wliiidi  lie  iiiHi 
written  on  that  day  to  the  consul  at  New  York,  "disapproving  the  pi'' 
ceedings  of  a  Mr.  Angus  McDonald,  beaiusc  1  (he)  thought  those  in" 


'ANY  IN  a 


COUNTER    CASE    OF   THE    UNITED    STATES. 


GG3 


was,  ill  the  due 
st  the  parties  on 
red  were  tor  tlie 
'iinself  privik'seil 
porsous  whom  lie 
)!•  was  tlie  admin 
on  at'X'Dunt  ot  his 
)nternM\.    Ou  the 
by  which  he  was 
sliouhl  be  veriruM 
Dwn   goveriimei\t. 

lie  3()th  of  April. 

fs  intiil*^  to  carry  tlios.' 
,-nni.-nt  ot  tin-  V:"-"'' 
,,1  \)v  Mr.  Criuniitoii  t» 
t  ho 'only  o\.s(Mv:itii.ih 
^  of  tl..',  Ui.it.Ml  Stat.^ 
,\,.sir.Ml  it  mii^llit  Icav, 

the  V^arl  of  Clarcii 

whih-  it  serves  u! 

i>ts  went  on  tors.' 

sand  express onlei- 

the  weight  ot  Mi. 

f  its  aflcuraey,  wlwt 
HM'  hist,  that  at  tlKit 
er  had  with  Mr.  *^.. 
alh»dedto)"lie(Mi. 

had  no  connedio'i 
doing  in  the  Uuitnl 
,t  I  am  (piite  eertain 
iliritish  governnuMit. 
Lneerned  in  semliu^ 
\r  u>  use  any  inilun' 

that  he  was  takm^. 

■oei'edings.     fc^iu->:' 
[ivrestedthenusi'liuii 

Liting  Nvhi.'h  h',ub>j| 
Inwithinthel.mt'"' 
iintendiiig  direc.tioi!. 

L,,t  positive  *teH 
lal  hiw,  ineomP''^'""! 
|,  of  its  national  s.n 
In  of  the  represeiiu- 
[nuts  that  1  speevalUL 
ity  h»ws,  bnt  ham. 

Iti'netion  .)f  tleat  1 
Vpiniou  was  then   i 
[tld  a  <'oim'uhMU'  1^ 
ithenhehl,'amn>  I 
[i  letter  whieh  he 

lisappi'oviMg  the  1  1 
I)  thought  those  I'l'H 


ceethngs  wonUl  or  might  be  taken  to  constitute  a  vlohition  of  the  act 
ot  ISls" — the  iientrality  law  of  the  United  States,  What  were  the 
Itroceedings  of  Mr.  MeDomdd  which  3lr.  ('rainpton  thonght  might  con- 
stiuite  a  violation  of  our  neutrality  .'  The  simple  issuing  of  a  hand-bill 
siiecifying  the  terms  ou  which  recruits  would  be  received  at  Halifax 

into  the  (Jiu'en's  .service. 
:,"i!)7]  *This  oi>inion  of  Mr.  Crami)ton  ascribes  as  much  striugeiuiy  to 
our  iHMitrality  acts  as  has  'ever  l>een  claimed  for  them  by  the 
Government  or  courts  of  the  Uidted  States.  1  had  then  !n>  suspicion, 
nor  did  Mr.  Orampton  give  me  anycau.se  to  .•suspect,  that  he  WiiS  acting, 
or  intended  to  a<;t,  upon  an  interpretation  of  that  law  which  woui«l 
justify  the  act  of  Mr.  McDonald,  which  he  then  (!ondemned,  and  make 
that  law  but  little  better  than  a  dead  letter.  I  could  not  but  snppo.sc 
that  he  viewed  it  in  the  same  light  as  Lord  Clarendon  did  when  he 
wrote  his  dispatch  to  ^Iv.  Crampton  of  the  iL'th  of  April  thereafter,  in 
wiiit'li  his  lordship  declared  it  to  be  ''not  only  very  just,  but  very  strin- 
;:('!it." 

To  show  that  I  was  not  mi.staken  in  this  resiiect,  I  quote  a  passage 
Iroiu  a  letter  of  Mr.  ('rami)ton,  dated  the  11th  of  March,  to  Sir  G.  Le 
Marciiant:  "Any  advance  of  money  by  Her  ^Majesty's  agents  or  others 
ill  the  United  States  would  constitute  an  infraction  of  the  neutrality 
law."  The  dei)ositi!>ns  which  a<!Conii>any  this  dispatch,  made  by  some 
lit  the  same  [lersons  who  have  lurnislie<l  the  British  government  with 
iifiidavits  to  impeach  Strobel  and  Hertz,  prove  conclusively  that  Mr. 
Cranipton  did  dis1)urse  various  sums  of  uu)ney  to  agents  em- 
V.IS]    *ployed  in  recruiting  within  the  United  States. 

It  was,  iiuleed,  api)rehende<l  by  me  at  that  time  that  violations 
111  that  law  would  ensue.  It  could  not  fail  to  be  seen  that  any 
in';;anized  .scheme  of  a  foreign  goveinment  to  draw  reci-nits  from 
tlie  United  States,  though  by  mere  invitation,  would  necessiirily  teiulto 
and  result  in  violations  of  the  nuuiicipal  law.  So  decided  w:is  my  be- 
lit't'iii  this  respect,  that  measures  liad  alrea<ly  been  taken  by  me  in  behalf 
i»t  this  Government,  as  it  hai)pened  ui)on  the  very  day  of  the  int<'rview 
with  Mr.  Crampton,  to  institute  pro.secntions  against  ])er.sons engaged  in 
this  biisines.s  in  New  York  and  Philadelphia.  1  then  notified  Mr.  (.'ramp- 
I  tiiii  of  that  fact,  as  he  expressly  admits  in  the  report  of  that  interview 
made  to  his  governmi'Ut. 

An  attemi>t  is  made  to  dedute  an  excn.se  for  !Mr.  Crampton's  course 
jiiitlio  business  of  lecruiting  in  this  country  from  the  alleged  fact  that 
|iu'  eoiiununicated  to  me  on  that  occasiiui  tlie  arrangements  which  had 
hwn  made  tor  that  purpose,  and  that  1  <lid  not  disapprove  then»  other- 
hvise  than  by  insisting  upon  the  ob.servance  of  the  neutrality  law  of  the 
[liiited  States.    This  allegation  is  hardly  consistent  with  .Mr.  Crami>ton's 
own  statement  of  what  then  pas.setl.     In  the  <lefcn.se  of  hiscon- 
['M]   duct,  recently  sent  by  him  to  his  ^government,  he  makes  admis- 
sions inc(msistent  witli  the  allegation  that  there  was  no  conceal- 
lnieiit  on  his  part,  and  that  tlie  recruiting  arrangements  were  commn- 
i'ted  to  me.     He  says  that  "  it  is  i>erfectly  true  that  I  did  not  enter  into 
pi'iy  details  of  the   means  which   weie  to  be  adopted  by  Her  Majesty's 

fi'vernmentto  render  available  the  services  of  tho.se  who  temlered  them 

^1  u,s  in  such  nund)ers.    There  .seenu'd  to  be  obvious  reasons  for  abstaiu- 

liiu  from  this,    l^'veu  if  it  had  occurred  to  me,  1  should  have  been  un- 

iiig  to  do  anything  which   might  have  borne  the  appearance  of 

^iipigiiig  j\Ir.  Marcy  in  any  expression  of  favor  or  approbation  of  a 

liiii  favoring  the  interests  of  one  of  the  parties   in  the  present  war. 

^•1 1  could  desire  on  his  part  was  neutrality  and  impartiality." 


M%\ 


664 


TREATY    OF    WASIIIXGTOX PAPERS    ACCOMPANYING 


K;* 


,•-. 


t 


•0 


^^^ 


U     A 


%\- 


fw 


His  reasons  for  \vitlili()1(lin;j!:  from  ino  tlio  <letiiils  of  tho  (MilistiiU'iit 
systcMii — the  most  iiu]»i)itaiit  part  of  i*-  for  this  (roveniiiuMit — are  not 
sarisfa(!tory.  If  Mr.  (Jraiiii»tou  believed  what  he  was  (h)iii,y',  or  iiiiciidt'd 
to  «h),  ill  the  way  of  recriiitiiij;,  was  ri^jht,  lie  couhl  have  had  no  reluctmico 
to  eoininuiiicate  it  to  me,  for  liis  instrnctioiis  reciuireil  him  to  make  thaf 
dis(!losure. 
Actinj^-  in  dne  frankness,  and  with  a  i)roi)er  re«>:ard  for  th(3  dictates  ot 

international  comity,  Mr.  (Jram[)ton  shonhl,  it  wonld  seein,  hiive 
[00(11    dis*<;losed  to  me  all  the  measures  intended  to  l)e  pnrsned  witliin 

the  United  States  by  the  a<!:ents  of  his  j>overnment,  iiieliwl'im 
himself,  in  exeoution  of  the  act  of  Parliament  for  raising'  the  foicioii 
le.y'ion,  Xay,  he  was  (?\i)ressly  commanded  by  his  .government  to  prac- 
tice no  concealment  with  the  American  Government  on  the  subjec^t.  If 
he  had  obeyed  these  orders,  all  misunderstandiu;;^'  l)etween  tiie  two 
governments  woidd  have  been  {U'evented. 

Mr.  Cranjpton  was  the  more  imperatively  called  upon  to  make  full 
explanations  on  the  subject,  not  oidy  luHjause  he  was  comuiaiKled  by 
his  i-'overnment  so  to  do,  but  for  the  further  reason  that,  iminediati'ly 
after- the  breakin,i>'  out  of  the  war  between  Great  Britain  and  France  m 
tl'.e  one  hand  and  IJussia  on  the  other,  he  had,  by  an  olUcial  note,  ad 
dressed  to  me,  invoked  the  ell'orts  of  tills  ;>overninent  to  enforce  iipDii 
the  inhabitants  of  the  country,  citij^eiis  or  others,  the  neeessity  of  ob 
servinj;'  the  strictest  neutrality  toward  the  belli<;erent  parties,  and  cs 
]KH'ially  to  enjoin  upon  them  to  abstain  from  takinj;'  i)art  in  annaiiu'iit> 
for  the  service  of  liussia,  or  in  "any  other  measure  opposed  to  tlie  diitics 

of  a  strict  ueutrality."  To  this  application  the  undersi_i;iicil,  by 
fOOlJ    exi)ress  direction  of  the  President,  re[)lied,  lU'elaring'  that  *rlii' 

United  States,  "while  clainrin*;-  the  full  enjoyment  of  their  li^lits 
as  a  neutral  power,  will  observe  the  strict  st  neutrality  toward  ea(di  and 
all  the  bellij^erents."  IJeference  was  made  to  the  severe  restrictions 
im[K>:;ed  by  law,  not  only  upon  citizens  of  the  United  .States,  but  nimii 
all  persitns  resiclent  within  its  territory,  i)rohibitinj>'  the  enlistiii.u  incii 
therein  for  the  purpose  of  takin<;'  a  part  in  any  foreij^^n  war.  It  \v;is 
added  "  that  the  President  did  not  apj)rehend  any  attempt  to  viohitu 
the  laws;  but  should  his  just  ex[)eetation  in  this  respect  be  (lisappoiiitcd. 
he  will  not  fail  in  hisdnty  to  use  all  the  power  with  whic  .  he  is  invested 
to  enforc(^  obedience  to  them." 

In  view  of  this  fornral  and  solemn  appeal  by  i\[r.  Cramptoii  to  tin 
American  Government,  and  of  the  assurance  he  received  of  itsdeteriiiiit.i 
tion  to  maintain  strict  neutrality,  it  was  not  for  a  moment  suspcctt'd 
that  INIr.  Crampton  could  misunderstand  this  purimse,  or  believe  that  in  j 
would  be  permitted  to  set  on  foot  and  execute,  for  a  period  of  live  ecu 
secutive  months,  a  systematic  scheme  to  obtain  military  recruits  lorrlii' 
British  service  in  the  United  States.  That  Mr.  ( •rampton  ditl  ciiiwj 
most  deejily  into  this  stdieme  is  proved  by  the  evidence  already  sid' 
mitted  to   Her  .Majesty's   jjovernment,  but  is  still   more  cou(;!iisiv('h 

established  by  the  additional  proofs  which  accompany  this  (lisj»;iti!i.| 
[002J    What*ever  detraction  from  the  value  of  the  testimony  ayaiiist  .Mr. 

Crampton  may  result  from  the  attempt  to  «liscredit  Strobcl  ;iih1 
Hertz,  is  much  more  than  made  up  by  theadditiomil  proofs  now  addiind, 
This  body  of  strong-  cumulative  evidence  confirms  the  Presideiil's  forimi| 
conclusion  as  to  the  complicity  of  Mr.  Crampton  and  tlie  Jiritish  consuls 
New  Y(n'k,  Pldlailel[)hia,  and  Cincinnati  in  the  illegal  enterprise  «ij 
recruiting  soldiers  for  the  British  army  within  the  United  States;  ainll 
the  President  does  not  doubt  that  when  this  new  evidence  sh;ill  '''i 


COUNTER   CASE    OF    THE    UNITED    STATES. 


OGo 


oji  to  niakt'  full 
comiiiiuitlt'il  by 
lilt,  immeiUiitely 
11  iuul  Fi'iiuci;  <»u 
olfunal  note,  ad 
to  ciiforcc  npoii 
necessity  of  ob- 
t  piivties,  tuul  I's 
art  in  *annam(Mit> 
osed  to  the  (lutu's 
li  undovsi.uneil,  by 
.eliiviii;;-  tliiit  *tlii' 
[M\t  of  tlu'iv  ri.silits 
I- towiivd  raclnnul 
i'vt'i'O  rostrit'tioiis 
.  jStatos,  but  uimii 
tho  t'ulistiiiii'  iii*'ii 
•eirjn  war.    It  \v;i> 
itttMni)t  to  vutlati' 
t  be  (lisai)])oiiitLMl. 
lie.  .  he  is  iuvestod 


broiijibt  under  the  coiisidoration  of  Her  ^lujesty's  government,  it  will 
no  longer  dissent  from  this  conclusion. 

Tile  gratitication  which  the  President  feels  at  the  satisfactory  settle- 
miMit  of  the  recruiting  (luestion,  in  so  far  as  respects  the  action  of  the 
Dritish  government  itself,  has  indm;ed  him  to  examine  the  case  again, 
with  a  view  to  rcaiove,  if  possible,  from  his  mind  the  iKMXMial  objections 
to  Her  Majesty's  minister  and  consuls.  This  examination  has  not  pro- 
duced that  elfect,  but,  on  the  contrary,  has  strengthened  his  conviction 
tluit  the  interests  of  both  governments  rerpure  that  those  persons  should 

cease  to  hold  their  present  otlicial  iK)sitions  in  the  United  States. 
[G03j    He  sincerely  regrets  that  Her  ^lajesty's  govern*nient   has  not 

been  able  to  take  the  sjime  view  of  the  case,  and  to  conii)ly  with 
ills  request  for  their  recall;  but  it  has  not  consented  to  do  so. 

If,  in  the  earnest  desire  to  a(;t  with  all  possible  courtesy  toward  ller 
Miijt'sty's  government,  the  President  could  have  suspended  his  determi- 
luUioii  in  the  case,  in  order  to  submit  the  new  testimony,  which  he  is 
confident  would  have  been  found  sullicient  to  induce  coin])liiin('e  with 
Iii.s  request  for  the  re(!all  of  the  Uritish  minister,  he  is  ])reclu(U'd  from 
any  such  thought  of  delay  by  the  exce[)tional  character  of  dispatches  of 
tbat  gentleman,  copies  of  which,  having  been  recently  laid  ln'fore  Parlia- 
nu'ut,  have  thus  come  to  the  knowledge  of  this  Government,  ami  which 
an.' of  a  tenor  to  ren(h'r  further  intercourse  between  the  two  govern- 
ments, through  that  minister,  alike  uni)leasant  and  detrimental  io  their 
l^ood  understanding. 

riie  President  has,  therefore,  been  constrained,  by  considerations  of 
the  best  interests  of  both  countries,  rehuUantly  to  have  recourse  to  the 
only  remaining  means  of  removing,  without  delay,  these  very  una('cei)t- 

able  ollicers  from  the  connection  they  now  have  with  this  (Jov- 
iilOlJ    ernment.     *This  course  has  been  deemed  necessary  on  account  of 

their  unlitness  for  the  positions  they  hold,  arising  IVom  the  very 
active  i)art  they  have  taken  in  getting  u^)  and  carrying  out  tiie  system 
(if  recruiting,  which  has  been  attended  with  nunu'rous  infractions  of  our 
laws,  which  has  disturbed  our  internal  traufiuillity,  and  endangered  our 
jii'iieeful  relations  to  a  luition  with  which  this  Government  is  most  anx- 
ious to  maintain  cordial  friendship,  and  intimate  commercial  and  social 
iiitci'course. 

Hi'  has,  therefore,  determined  to  sejul  to  ^Er.  C/rami)ton,  Her  AFaJesty's 
(liiiluinatic  representative,  his  passport,  and  to  revoke  the  exequaturs  of 
Mr.  Mathews,  Mr.  Barclay,  and  ^Ir.  llowcroft,  the  ]>ritish  consuls  at 
l'liil;ulel{>hia,  Xew  York,  and  Cincinnati. 

I  am,  sir,  respectfullv,  your  obedient  servant, 

W.  L.  MAPvCY. 
(tEOUcie  :\r.  Dall  ..  ,  I'^sq.,  London. 

[For  inclosures  se'3  Sen.  Docs.,  1st  and  2d  sessions  oith  Cong.,  vol.  11, 
lSo.j-,j(j.] 


t  -, 


Mr.  Marcy  to  Mr.  Crampton. 

Department  of  State, 
Wa.shi)t()ton,  Ma;/  2S,  ].S,")(5. 
i'j*'5J       Sill:  The  President  of  the  United  States  *has  direct«'d  me  to 
announce  to  you  his  determination  to  discontinue  further  inter- 
nnirse  with  you  as  Her  Majesty's  <liplomatic  representative  to  the  Gov- 
^'luiuent  of  the  United  States.     The  reasons  which  have  compelled  him 
to  take  this  step  at  this  time  have  been  commuuicated  to  vour  govern- 
1  "leut. 


II 


■m4 


f 


,;     i 


6G6 


TREATY    OF    WASHIXfiTON — PAPERS   ACCOMPANYING 


I  iiviiil  iiiysclfoftlns  occasion  to  add  that  due  attention  Will  btM-lioer- 
fnlly  nivcn  to  any  comniiinications  a<l«lre.sse«l  to  tliis  Department  tVom 
Her  Majesty's  <i-overninent  art'ectin*;  tlie  relations  between  Great  ]>ritiiiii 
and  the  United  States  which  may  be  forwarded  to  this  Governmciit 
throiij^li  any  other  (diannel. 

Shonld  it  be  yonr  pleasure  to  retire  from  the  United  States,  tin;  Prcs 
ident  dire('ts  me  to  furnish  you  with  the  usual  facilities  for  that  jjur- 
pose.     I  consequently  inclose  herewith  the  passport  given  in  such  cases. 

I  avail  myself  of  this  opportunity  to  renew  to  you,  sir,  the  assiuiuicc 
of  mv  respectful  consideration. 

W.  L.  MAKUY. 

John  F.  Ckampton,  Esq.,  tCc,  lOc,  dc 


?s 


Mr.  Marcy  to  Mr.  Barclay. 

Depap^tmext  of  State, 

^ya.shin(Jton,  May  2S,  IS.'iO. 

[G(H»]        Sir:  For  reasons  which   have   been  ci)m*municated   to  Her 
^lajesty's  government,  the  President  has  revoked  the  exe(iuatiu 
heretofore  granted  to  you,  by  which  you  were  permitted  to  exercise  tlic 
functions  and  enjoy  the  privileges  of  liritish  consul  at  New  York. 
1  herewith  send  to  you  a  copy  of  the  act  of  revocation. 
1  have  the  honor  to  be,  your  obedient  servant, 

W.  L.  MAKCY. 
IVlr.  Anthony  Barclay, 

Her  Britannic  Majesty'' h  Consul,  do. 

I  Same,  mutatis  mutandis,  to  Mr.  Mathews.] 


ifi     .' 


FijANKLiN  Pierce,  President  of  the  United  States  of  America. 
To  all  irliom  it  may  concern  : 

Whereas,  by  letters  i)atent,  under  the  seal  of  the  United  States,  bear- 
ing date  tlie  se(!ond  day  of  March,  A.  D.  184.'>,  the  Presi«lent  recognized 
Anthony  JJjiiclay  as  consul  of  Her  iJritannic  Majesty  at  New  Y"()ik,  ami 
declared  him  free  to  exercise  and  enjoy  such  functions,  powers,  and 
privileges  as  are  allowed  to  the  consuls  of  the  most  favored  nations: 
but,  for  good  and  sulli(;ient  reasons,  it  is  deenu'd  projier  that  he  shonld 

no  longer  exercise  the  said  functions  within  the  United  States; 
[007]        Now,  therefore,  be  it  known  that  1,  Franklin  *Pierce,  President 
of  the  United  States  of  America,  do  hereby  declare  that  the  pow- 
ers an<i  privileges  confcrretLas  aforesaid  on  the  said  Anthony  Barclay 
are  revoked  and  annulled. 

In  testimony  whereof,  I  have  caused  the  letters  to  be  made  patent, 
and  the  seal  of  the  United  States  to  be  hereunto  atlixed. 

Given  under  my  hand,  at  the  city  of  Washington,  the  2Sth  day  of 
3Iay,  A.  J).  IS.jO,  and  of  the  independence  of  the  United  States  ot 
America  the  eightieth. 

[L.  S.J  FRANKLIN  PIEliCE. 

By  the  President: 

\\^.  L.  Marcy,  Secretary  of  State ~ 

•  [The  same  to  George  Benvenuto  ^Nfathew,  Iler  Britannic  Majesty's 
consul  at  Philadelphia.  The  same  to  Charles  Kowcroft,  Her  Britannic 
Majesty's  consul  at  Cincinnati.]  • 


L.  MAKCY. 


COUNTKR   CASE    OF    THE    I'N'lTED    STATES 


Mi'.  Marey  to  Mr.  Roweroft. 


•6G7 


Depaktment  of  State, 

Wttshiiujton,  May  L'S,  isr><». 
Siu :  For  reasons  which  hiivo  boon  eonmumicatctl  to  IliM Majesty's 
uovermiient,  the  President  has  rcvoketl  the  exequatur  heretofore  ^^ranted 
to  you,  by  wliich  you  were  permitted  to  exercise  the  I'nnctions  and  enjoy 
the  privilej^es  of  British  consul  at  (Mncinnati. 

1  herewith  send  to  you  a  coi)y  of  the  act  of  revocation. 

ilOSj        *In  consequence  of  this  proceeiliny,  tlie  I'resident  has  de«Mned 

it  proper  that  tlie  pendin<»;  |)rosecution  against  yon,  for  tlu>  viohi- 

tioii  of  tlie  neutrality  law  of  the  United  vStates,  should  be  discontinued. 

Orders  to  that  ettect  have  been  issued  to  the  United  States  attorney 

at  Cincinnati. 

I  have  the  honor  to  be,  your  obedient  servant, 

W.  L.  MAKCY. 
Mr.  Charles  IiOwokoft, 

Her  BriUomic  Majenty'n  Consul^  Cincinuati. 


:.  L.  MAKCY. 


of  America. 


)ns,  \)owci's, 


iKUl]  *Mr.  CitfihuKj^  Attorney-General.,  to  Mr.  McKeun,  dlstrief  attorney. 

Attoknev-Genekal's  Office, 

Deeemtier  17,  l.SoO. 

Sir:  rnforniation  has  been  coniniunicated  to  the  Department  of  State 
Id  tlie  ell'ect  that  arran<>einents  are  m  train  in  the  (;ity  of  New  York  for 
tliepiuposeof  a  hostile  military  expedition  aj;ainst  the  republic  of  Vene- 
zuela. The  statement  is,  tluit  a  written  contract  has  been  entered  into 
lii'tween  .Air.  Anthony  L.  Bleeker  and  Captain  James  Wriyht  on  the  one 
liiiiul.  and  the  exile  General  Tae/  on  the  other,  to  n^instatt,'  the  latter 
ill  power  in  Venezuela  by  force,  ami  that  ALr.  <Jornelins  Vanderbilt  is 
III  supply  transportation  and  arms  and  munitions  of  war  for  the  expedi- 
11(111. 

1  do  not  know  how  authentic  this  information  may  be,  but  the  state- 
ment seems  to  be  such  as  to  justify  callinjj;'  your  attention  to  the  subject. 
lliave  therefore  to  request  you  to  investij^ate  the  subject,  and,  if  neces- 
siry,  to  take  every  lawful  step  within  the  authority  of  the  Executive  to 
inevcut  the  perpetration  of  such  a  foolish  and  criminal  violation  of  tin; 
laws,  sovereignty,  and  public  honor  of  the  United  States. 
1  am,  very  re«pectfnlly. 


C.  CUSUING 


Hon.  Jno.  McKeon, 

United  /States  District  Attorney,  Xeir  Yorl: 


'}■■■:.: 


I  '■   'f 


'  HI 


Mr.  Gushing,  Attorney- General ,  to  Mr.  Marvy,  Secretary  of  State. 

DECB3IBE11   17,  1850. 

Sir:  I  have  received  your  letter  of  the  12th  instant,  and  have  ad- 
'Iressed  suitable  instructions  on  the  subject  to  the  attorney  of  the  United 
%tes  for  the  southern  district  of  New  Y'ork. 
I  have  the  honor  to  be,  very  respectfully, 

*C.  CUSHING. 
lion.  W.  L.  Marcy, 

Secretary  of  State. 


CGS  TREATY    OF    WASHIX(JT()N — PAPERS    ACCOMPANYIX(r 

Mr.  Cmh'nuj,  Attonwy- General,  to  Mr.  McKeun,  tlistrict  ntfonirji. 

ATTORMKY-GKNKiJAl/S   OFFICE,  Jh'ccinher  V^,  l.S."»(). 

31  r.  ^fcKi^ON,  United  States  J)istriet  Attorneij,  Xew  Yorl- : 

("oinpliiiiits  liavo  Ulmmi  iiiiide  Ut  t\w  President  of  eiilistinents  inid  ex 
[)i'(litioiis  at  X«nv  York  for  iiiilitary  service  in  Xi(!ara;iiia,  in  violatinu  (n 
law,  and  yon  will  arrest  and  prosecute  all  such  enlistments  and  expodi 
tions.     Fall  instructions  l»v  mail. 

C.  CUSlllNG. 

I  .Similar  dispatches  were  sent  to  district  attorneys  at  New  Orleans  iiiid 
other  cities.] 


Mr.  MeKeon,  district  attorney,  to  Mr.  Vandcrbilf,  Neic  Yorl,-. 

Southern  District  of  Xew  York, 
United  States  District  Attorney's  Office. 

Deeemlier  18,  IS,")!). 

Sir:  Information  has  reached  the  Department  of  State  tirat  arriiii;;v 
nients  are  in  train  in  tliis  city  for  the  purpose  of  a  hostile  military  expe- 
dition aj;ainst  tlie  rei)ul)lic  of  Venezuela.  It  is  rei)()rted  that  you  aic 
to  supply  transportation,  arms,  and  munitions  of  war  for  the  expedi- 
tion. 

I  have  been  instructed  by  the  Attorney-General  of  the  United  Statt'> 

to  investii^ate  the  subject,  and  <leem  it  my  <luty  to  ask  you  what  tiiitli 

tliere  is  in  the  rejjort  as  far  as  you  are  concerned.     1  will  be  pleased  to 

receive  from  you  such  information,  in  rej^ard  to  tlie  matter  as  it  is  in 

your  i)()wer  to  impart  to  me.     I  ask  this  the  more  readily  be('aii<;r 

fOU  j    1  feel  assured  that  you,  *as  a  good  citizen,  would  not  willin.iily  aid 

in  the  peri)etration  of  such  a  criminal  violation  of  the  laws,  sov 

ereig'uty,  an<l  i)ublic  honor  of  the  United  States. 

Verv  respectfuUv, 

JOHN  McKEOX, 

United  States  AttoriKij, 
Cornelius  Vanderbilt,  Esq., 

Xca>  York. 


[012]  Messaf/e  of  the  President  of  the  United  States,  commnnieatinf/,  in  com- 
ItJiance  icith  the  resolution  of  the  Senate  of  January  4,  1S5S,  ihr  iw- 
respondenee,  instructions,  and  orders  to  the  United  States  naval  forces  mt 
the  coast  of  Central  America,  connected  with  the  arrest  of  Wni.  ^ValhTr((llll 
his  associates,  at  or  near  the  port  of  San  Juan  de  Nicaragua.  fScc  'Soi. 
Doc,  o~)th  Conyress,  1st  session,  Ex.  Doc.  No.  13.) 

To  the  Senate  of  the  United  States  : 

I  herewith  transmit  to  the  Senate  n  report  from  the  Secretary  of  tln' 
Navy,  with  the  acconipnnying  documents,  containing  the  information  I 
called  for  by  the  resolution  of  the  Senate  of  the  4th  instant,  re(piostiiij(j 
me  "to  communicate  to  the  Senate  the  correspondence,  instructions,  and 
orders  to  the  United  States  naval  forces  on  the  coast  of  Central  Anioriia. 
connected  with  the  arrest  of  William  Walker  and  his  associates,"'  »S:c'. 


['ANYIN(' 


COrXTKU   CASE    OF    THE    I'MTEI)    STATES. 


600 


III  snl)niittiii<{'  to  tlic  .Senate  the  piipors  tor  wliich  they  have  ealleil,  I 
(li'i'in  it  pro|>er  to  iiiake  ii  few  ol)sei'\atioiis. 
Ill  ci'.idiiriiijj  (Jeiieral  Walker  and  his  command  alter  tliev  had  lanih'd 

on  the  soil  ofNicaraf^na,  Commodore  I'aiddin^  lias,  in  my  opinicni, 
(li;j^    committed  a  .uravi*  error.     It  is((uite  *evi(h'nt,  ho«cvei-,  tiom  the 

com  mnnicat  ions  here  \vi  til  transmitted,  that  tiiis  wasdoiM-tiom  pure 
;iii(l  patriotic  motives,  and  in  the sincereconvi<'tion  tliat  he  waspromotin;;' 
•'ic  iiiten'st  ami  vindicatinji'  the  honor  of  his  coniilry.  In  r«-;.'ard  •'«»  Ni- 
(;ii;i;;ua,  she  has  sustained  noin.jnry  l»y  the  act  of  Commodor*  ranldinu'. 
lliis  lias  inured  to  her  benetit,  and  relieved  lier  from  a  dicadt-d  invasion. 
She  alone  would  have  any  ri<;ht  to  comiilain  of  the  violation  of  her  ter- 
litiiiy:  and  it  is  quite  certain  she  will  never  exercise  this  ii;:iit.  It  nn- 
(iiu'stionably  does  not  lie  in  the  month  of  her  invadeis  to  (ompiain  in 
htr  name  that  she  has  heen  rescued  by  Commodore  Panldinjr  from  their 
iissiiiilts.  The  error  of  this  gallant  oHicer  consists  in  excct-din;;  his  in- 
>tni<tions.  and  laiidiii,u'  his  sailors  and  marines  in  Xicani^iia, '.Un'ther 
with  or  without  her  consent,  for  the  ]»nri>os<'  of  making;  war  upon  any 
iiiilitniy  lorce  whatever  wliicli  he  misht  liiid  in  the  <'oiiiitry.  no  matter 
iKiiii  wlieiicethey  came.  This  power  certainly  <lid  not  IjcIou^'  to  him, 
Dlicdieiice  to  law  and  conformity  to  instructions  are  thelx'st  and  safest 

finidesfor  all  officers,  civil  and  military,  ami  when  they  transcend 
•iU]    these  limits, and  act  upon  their  own  *peisonal  lesponsihllity, e\  il 

consequences  almost  inevitably  follow. 
I'lider  these  circumstances,  when  Marshal  Ivynders  pies«Mit«'d  hini- 
-cll  at  the  State  Departiiieiit  on  the  -Jt>tli  nltinu),  with  (leiieral  Walker 
ill  custody,  the  Secretary  informed  him  "that  the  Kxecutive  Depart- 
iiieiit of  the  (lovernmeiit  did  not  recoj^nize  (Jeiieral  Walker  as  a  pris- 
itiHT:  that  it  had  no  directions  to  jiiive  concerning'  him,  and  that  i  is 
iiily  tlironjih  the  action  of  the  Ju(li<'iary  that  he  could  be  lawtully  hi'ld 
iiicnstody  to  answer  any  charges  that  might  be  brought  against  hint." 

Ill  tlius  far  disapproving  the  conduct  of  Commodore  raulding,  no  in- 
liieiice  must  be  drawn  that  I  am  lesss  determined  than  I  have  ever  been 
■iM'xccute  the  neutrality  laws  of  the  United  States.  This  is  m.\  impcr- 
invc  duty,  and  I  shall  continue  to  perform  it  by  all  the  means  which 
tin' Constitution  and  the  laws  have  ]>laced  in  my  power.  My  opiinoii 
'it  tlie  vahie  and  iniportan(;e  of  thefte  laws  corresponds  entirely  with 
'!i;it  expressed  by  ]Mr.  Monroe  in  his  message  to  Congress  of  December 

7,  1810.     That  wise,  prudent,  and  ])atriotic  statesman  says: 

'1"']      It  is  of  till'  iiij^licst  iiiipoitaiico  to  our  national  chiinictci,  "ami  in(lis|ii-iisable 

to  tlic  morality  of  our  eitizciits,  that  all  violations  of  onr  neutrality  »lioii](I   lie 

liuvvi'iiti'il.     No  door  should  li(^  loft  open  for  thi'  evasion  of  our  laws,  no  oiiiwirlnnity 

ji'i'iidiMl  to  any   who  may  he  difiposcd  to  take  advantap;  of  it.  to  i  oniproiiiit  tho  in- 

iii-.st  or  the  honor  of  the  nation. 

The  crime  of  setting  on  foot,  or  providing  the  means  for,  a  military 
xpcdition  within  the  United  States,  to  make   war  against  a   foreign 
>h[v  with  which  we  are  at  peace,  is  one  of  an  aggravated  and  dangei-- 
I'liis character,  and  early  engage*!  the  attention  of  Congress.     Whether 
1k'  Executive  Covernment  possesses  any  or  what  power  under  the  Con- 
stitution, independently  of  Congress,  to  prevent  or  punish   this  and 
iiiiihir  olfenses  against  the  law  of  nations,  was  a  subject  wliich  en- 
iiiivtl  the  attention  of  our  most  eminent  statesmen  in  the  time  of  the 
|liiiiiiistration  of  General  Washington,  and  on  the  occasion  of  the 
'^'iicli  revolution.    The  act  of  Congress  of  the  oth  of  June,  1704.  for- 
^  i"."iu"trw't''""^-  i>"'lB""'^t*'l.v  removed  all  the  difficulties  ou  this  question  which  had  tliereto- 
'^)t^  Central  Anu'iit'ii. ■"If  existed.    The  tifth  and  seventh  sections  of  this  act,  which  relate 
Ills  associates,*'  -I^^'-  I"  ^''^  present  question,  are  the  same  in  substance  with  the  sixth 


tr'ict  aitoriii'ii. 

•emher  12,  l^^"''"'- 

rlc : 

lUstments  and  ex 
ua,  in  violation  m 
uents  and  cxpcdi 

C,  CUSHIXG. 
t  Xew  Orleans  iiiul 


^,  New  Yorh. 

'  YoiiK, 
;y'S  OFI'ICH. 
h'cemhcf  IS,  l'^"*"- 
State  that  arnui-v 
Dstile  military  cxpe- 
orted  that  you  iuv 
,-iir  for  the  oxiicili- 

»f  the  United  Stiiti's 
ask  vou  what  tvntli 
1  will  be  pleased  M 
le  matter  as  it  is  m 
nore  readily  bccau^r 
aid  not  willingly  aul 
on  of  the  hiws,  sov- 


[clvEON, 

t(l  fitafes  Attonvii. 


{mumnicaUmhtnam- 
Ltn/4,  lS5S,//H't'()r- 

ttofWm.Widhrcuvl 
^-imnujm.    (Sec  .Sen. 


the  Secretary  of  the 
king  the  inforinatioii 
J  instant,  reciuestin? 


^ 


1 


.5 


'■■t  u  i 


A* 


«tl 


^1 

'V 


070 


THKATV    OF    WASHINGTON PAI'KRS    ACCOMPANVIN(} 


At 


|<»1(»J    •iiiid  ciylitli  .sections  of  flu'  iK't  of  A|»iil  LM>,  ISIH,  ninl  liavc  now 
Imtii  ill  force  for  ii  period  of  more  than  sixty  .yeiirs. 

The  iiiilitaiy  expedition,  rendered  criminal  hy  the  act,  must  have  it 
(ni;;iii,  must  "  ho};in  "  or  be  "  set  on  foot"  in  the  United  States:  Init 
the  yii'at  object  of  tlie  hiw  was  to  save  foreign  states,  with  wlumi  wi 
were  at  peace,  from  llie  rava^^es  of  these'hiwless  expi'ditioiis  pictcecd 
in;;'  fioiii  oiir  sliores.  The  seveiilli  section  ahnn',  therefore,  wliicli  sim 
]»ly  <h'(ines  the  crime  and  its  imiiishnieiit,  woiihl  iiave  been  inade(|iiiit( 
to  a(X'oniplish  this  |iiirpose  anil  enforce  our  international  duties.  In 
order  to  remler  the  law  etfeclual,  it  was  necessary  to  prevent  "the  cur 
ryin};<>n"  of  such  expeditions  to  their  consiiinmation  after  they  liml 
sii(!ceeded  in  leavin;;'  onr  shor<'S.  This  has  been  done  elfeetnally,  ;iiii| 
in  «'Iear  and  explicit  laiij^iiaji'e,  by  (he  authority  ^iiveii  to  the  l'resi<lciit 
under  the  eighth  .section  of  the  act,  to  employ  the  land  and  naval  t'ui((> 
of  the  United  States  "  for  the  jmriio.se  of  iirevi'iitiiiji-  the  caiiyiii^  dn 
of  any  such  expedition  or  enterpri.se  from  the  territori<'s  or  Juiisdiction 
of  the  United  States,  a<;ainst  the  territories  or  dominions  of  imy 
[017]  forei;^n  *  prince  or  stat«',  or  of  any  colony,  district,  or  peoph 
with  whom  the  L'nited  Stat«^s  are  at  peatte." 

For  these  rea.sons,  had  (Commodore  I'auldiny  intercepted  the  steaiiici 
Fashion,  with  (ieneral  Walker  ami  (!ommaiid  on  boaid,  at  any  jm  ridil 
before  tlu'y  entered  the  port  of  San  Juan  de  Xicarayua,  and  coiidiictiil 
them  back  to  iMobile,  this  would  have  prevented  them  from  "<'arryiii,i;(in" 
the  expedition,  and  have  been  not  only  a  justifiable  but  a  praisewoitliv 
act. 

The  crime  well  deserves  the  puni.shment  intli<!ted  ujion  it  by  our  la"> 
It  violat<'s  the  i>rin(;iples  of  Christianity,  morality,  and  humanity,  luli 
sacred  by  all  civilized  nations,  and  by  none  morc!  than  by  the  people  oi 
the  United  States.  ])is<;uise  it  as  we  may,  su<;li  a  military  expeditimi 
is  an  invitation  to  reckless  and  lawless  men  to  enlist  under  the  It  niinr 
of  any  adventurer,  to  rob,  plunder,  and  murder  the  uuotfendinj;'  citizi'ih 
of  neij^hborinjj;  states,  who  have  iiover  done  them  harm.  It  is  a  usui 
pation  of  the  \var-makiii<;"  power,  which  belon;';^  alone  to  Con^jiress;  ainl 
the  Government  it.self,  at  least  in  the  estimation  of  the  world, 
lOlS-]  *becomes  an  acc(>m[)lice  in  the  commission  of  this  ciime,  iiiiU'ssit 
adoi)ts  all  the  means  nece-s.sHry  to  prevent  and  to  punish  it. 

It  would  be  far  better,  and  more  in  accordance  with  the  bold  ami 
manly  character  of  our  countrymen,  for  the  Government  itself  to  yet  up 
such  expedition.s,  than  to  allow  them  to  pioceetl  under  the  commamliti 
irresponsible  adventurers.  We  could  then,  at  least,  exercisi;  some  vm- 
trol  over  our  own  a<>ents,  and  prevent  them  from  burning  down  citii^ 
and  committing  otliiu-  acts  of  enormity  of  which  we  have  read. 

The  avowed  princiiile  which  lies  at  the  foundation  of  the  law  nii 
nations  is  contained  in  the  divine  command  that,  "all  things  wliatsH 
ever  ye  would  that  men  should  do  to  jon,  do  ye  even  so  to  them."  Trii' 
by  this  unerring  rule,  we  should  be  severely  condemned  if  we  shall  iml 
ii.se  our  best  exertions  to  arrest  such  expeditions  against  our  feeble  sister! 
republic  of  Nicaragua.  One  thing  is  very  certain.  Tiiat  people  iie\  rl 
existed  who  would  call  any  other  nation  to  a  stricter  .account  than  «'| 
should  ourselves  for  tolerating  lawless  expeditions  from  tluil 
[G19]  shores  to  make  war  upon  any  portion  *of  our  territories.  M 
tolerating  such  expeditions,  we  shall  saon  lose  the  high  chaiactij 
which  we  have  enjoyed  ever  since  the  days  of  Washington  for  the  fa 
ful  performaiuie  of  our  international  obligations  and  duties,  and  iiis|)ii| 
distrust  against  us  among  the  members  of  the  great  family  of  civili/1' 
nations. 


^1.1: 


>A^'YIN^. 

S,  niul  liavr  now 

I't,  must  have  its 
jitod  rttntt's:  Inn 
s,  with   wlxmi  wr 
MMlitioiis   pnut'ctl 
•i'foir,  Nvliit'h  >"" 
'  Itei'U  iiiinlt'<|iiittr 
tioiial  tliitics.    Ill 
inrvnit   'MhciMi 
)U  after  tlwy  lin'i 
lU'  eltVi'tuaUy.  ami 
u  to  tlu'  rr('si<l<'iii. 
Hi  and  naval  rnm- 
if  the  rairyiiiji'  on 
,ncs  or  jurisdiction 
I-  doininioiis  of  iuiv 
distrift,  or  \wo\'\^' 

ireptt'd  tlu'  stcaiiiti 
„a,«l,  at  any  iM'iiod 
..•ua,  and  condnctnl 
riVoni  "t!arryiii,iioii 
}  but  11  pvaiscNvoitiiv 

upon  it  by  our  laws 

and  liumanity,  lu'l'l 

luui  bv  the  people  "t 

I  luilitary  expeditioi: 

St  xmder  the  bami'i 

unotleudinj;' eitiwih 

harm.     U  is  a  asm 

„ie  toConj;'ress-,  and 

nation  of  the  nvovI'L 
irthis  crime,  unless  It 

,id  to  punish  It. 
.  with  the  bold  aii'l 
fnnent  itself  to  j;ct  "p 
ider  the  commamhii 

t,  exercise  some  n'li- 

burning  down  eiti.  ^ 

e  have  read. 

iation  of  the  luNV'.t 

- '^all  things  wlmt>'H 

In  so  to  them.;^    in*' 

Imuedif  we  shall  ui 
lainst  our  feeble  siste 

Tliat  people  w^'^ 
«jter  account  than  « 
^editions  from  tlu' 
1  our  territories.    i»l 
Ise  the  high  <^^^fm 
Ihingtou  for  the  ta  1 
Id  duties,  and  u^f^l 
lat  ftunily  of  civili^'" 


corxTKii  CASK  or  Tin:  T'nitkd  staiks. 


(m1 


liiit  if  motives  of  (buy  were  not  sullieientio  restrain  ns  from  «'Myagiiig 
ill  siieli  lawh'ss  enterprises,  «Mir  evi«h'nt  interest  onj^iit  to  dieliite  this 
policy.  These  expeditions  are  the  most  elVectiial  moil(  ol  letardiiig 
American  pr()gres.s;  althon«;li  to  promote  this  is  the  avowed  object  of 
the  ieadei's  ami  eoiitributors  in  such  undertakings. 

It  is,  beyond  <pu'stioii,  the'destiny  of  our  race  to  spread  themselves 
(iver  the  continent  of  North  Anu'riea,  and  this  at  no  distant  diiy,  slionid 
events  be  permitted  to  take  their  natural  coarse.    The  tide  of  emi;nrants 
will  llow  to  the  south,  and  nothing  can  i'ventnally  arrest   its  progress, 
ll'  permittiMl  to  go  there  peacefully,  Cential   America   will  soon  contain 
nil  AnHMi«'an  population  which  will  confer  blvssings  and  bcnelits  as  wt-ll 
upon  the  natives  as  their  respeeti\»'  govi'rnments.     Liiterty  under 
iij(l|    tln^  restraint  of  law  will  pre*serv«'  (iomestie  peace,  while  the  dif- 
ferent transit  rout<'s  across  the   Isthnnis,   in    which   we  ai'e  so 
ilt'cply  intei'ested,  will  have  assured  protection. 

Nothing  has  n'tarded  this  happy  <!ondition  of  afVairs  so  much  as  the 

unlawful  ex|)editions  which  have  been  litted  oat  in  the  Tniied  States  to 

make  war  upon  the  Central  Anu'rican  States.     Had  one-half  the  niim- 

liiT  of  Ami'rican  citizens  who  have  miserably  perished  in  the  lirst  dis- 

iistroiis  expedition  of  (ieneral  Walker  settled  in  Nicaragua  as  peacettd 

Hiiigrants,  the  «»bj(^ct  which  we  all  desiic  would  erc^  this  have  been  in  a 

:u'at  <le};i'ee  accjomplished.     These  expeditions  have  caused  the  people^ 

ul  the  Central  Anu'rican  Stales  to  regard  ns  with  dread  and  suspicion. 

It  is  our  true  policy  to  remove  this  apprehension,  and  to  convince  them 

tliiit  we  intend  to  do  them  goo<l  and  not  evil.     \\'e  desire,  as  the  leading 

l«)\ver  on  this  contiiu'nt,  to  open  and,  if  n(>e<l  be,  to  protect  every  transit 

nmte  across  the  Isthmus,  not  only  Ibr  our  own  benelit  but  that  of  the 

world,  ami  thus  open  a  free  access  to  Cential  America,  and  thron;;h  it 

to  our  I'acilic  possessions.      This  |)olicy  was  commen(!e(l  un«ler 

1121]    favorable  auspices,  when  ^the  expediiion  under  the  command  of 

(Ieneral  Walker  escaped  from  «)ur  territories  and  proceedi'tl  to 

il'iuita  Arenas.     Shoidd  another  expedition  of  a  similar  charai^ter  again 

tvade  the  vigilance  of  our  olticers  and  proceed  to  Nicaragua,  this  wtudd 

iic  fatal,  at  least  for  a  season,  to  the  peaceful  settlement  of  these  coun- 

iiit's  and  to  the  policy  of  American  juogress.     The  truth  is  that   no 

idiiiinistration  can  successfully  conduct  the  foreign  alfairs  of  the  cimntry 

II  Cential  America,  or  anywhere  else,  if  it  is  to  be  interfered  with  at 

Itviiy  step  by  lawless  military  expeditions  "set  on  foot"  in  the  U<       d 


Pitutos. 


Washington  City,  January  7,  1858. 


JAMES  IJUCIIANAX, 


[Incloanre  No.  1.] 

Navy  Department,  Octohrr  2,  bs."*?. 

Sir  :  I  am  directed  by  the  President  to  transmit  to  you,  for  your 
t'liiilance,  the  accompanying  «!ircular,  which  he  has  caused  to  be  issued 
|ii»m  the  State  Department  to  various  civil  otiieers. 

You  will  regard  the  instructions  contained  in  it  as   addressed   to 
yourself. 

I  am,  respectfully,  your  obedient  servant, 

ISAA(3  TOUCEY. 
''"^.]   *Commander  Frederick  Chatard, 

Commanding  United  States  sloop  Sarator/a, 

Aspinu-alJ,  New  Granada. 


mi 


:^:«E 


-  d 


«i72 


TiaiATV    OF    WAHHINOTON PAPKKS    ACCO.MPANYINr, 


1 

.*,i 

Ih 

'•Sin 

«tr 

;  tfif^ 

-'*^. 

i 

'•k 

h 

ii 

i 

»->/- 

jA  similiir  Ictfci-  to  the  al»()V«'  Wiis  inl(lr<'.ss«Ml  to  ('(HiiiiiiiiHlcr  Tliiitclici. 
<oiiimiiii(liii;n  I'liitcd  Hfatcssloop  !)«'ciitiir,  I'aiijiiiiii,  New  (liniiiHlii,  and  tn 
tlic  (■(iiiiiimiitlaiits  of  the  iia\ y-,vanls  at  I'ort.siiKnitli,  N«'vv  llaiii|is|ii)',.. 
New  York,  IJosloii,  riiiladclpliia,  Norfolk,  IViisacola,  and  Sail  I'^iaiiciscoJ 


Lliiclosinf  No.  'J.J 

Dki'Awtmknt  oi'  Statk, 
W<(.sliiiit/(iHi,  tSrjftcnihcr  IS,  1S.'»7. 

Sik:  I'roiii  iiirorination  rccciNcd  at  this  I)i'|»aitiii('iit,  tlicro  i.s  reason 
to  Itclii'N (•  that  lasih'.s.s  ikt.soiis  aii-  now  »'ii;;aj'('d  within  the  limits  ul 
the  failed  Stales  in  .setting;"  on  loot  and  prepai  in;;-  the  means  lor  inili 
tary  e.\|ie<Iiti(»ns,  to  be  carried  on  a^iainst  the  territories  of  .Mexicd. 
Nie;ira;4iia  and  Costa  l»iea,  rei»nl)lics  with  wlioin  the  I'nited  States  ;iiv 
at  peace,  in  direct  violation  of  the  sixth  .section  of  the  act  of  Coiijuress. 
approved  L'Otli  April,  ISIS.  And  under  the  ei;;ht  section  of  the  suid 
act  it  is  made  lawfid  for  the  President,  or  snch  jterson  as  he  shidl  cin. 
jiowcr,  to  employ  the  land  and  naval  forces  of  the  Cnited  States 
aial    the    militia    thert'of,  "for  the  pnrpose  of  ]»reventiii^'  tlic   ciurv 

ill.!!  on  of  any  snch   expedition  or  enterj)rise  from  the  territories 
i()i.'."!]    *or  jniisdiction  of  the  I'nited  States."     1  am,  thci'i'fore,  ilirectci! 

l»y  the  Pi'csident  to  call  your  attention  to  the  sid>i«'ct,  and  ti' 
nr^ic  you  louse  all  due  dili.^ciice  to  avail  yourself  (»f  all  lexitinintr 
means  at  ycMir  command  to  enloi-ce  these  and  all  other  provisions  oi 
the  sai<l  act  of  L'Oth  April,  ISIS,  against  tliose  who  may  he  found  to  he 
en,!.:a;;ed  in  settin;i' on  foot  or  lU'cparin^'  ndlitary  expeditions  a,naiiisi 
the  territories  of  .AFexico,  Costa  Ifica,  and  Nit-ara.iLiiia,  so  manifestly  pic- 
jiulicial  to  the  national  <'haracter,  and  so  injurious  to  the  national  iiitci 
est.  And  you  ar«^  also  hereby  instructed  promptly  to  c  )mniunicate  tc 
this  Department  the  earliest  iidbrination  yoi;  may  recei\(>  rchitive  ic 
such  expeditions. 

I  am,  sir,  your  obedient  servant, 

,  L.  CASS. 


[Inclosiiif  Xo.  :J.  J 

Xayv  DKi'Ain':MENT,  October  'A,  1S.>7. 

SiiJ :  I  am  directed  by  tbo  President  to  tran.sniit  to  yon  for  your  ^iiid 

ance  the  accompanying'  circidai-,  wliich  lie  has  caused  to  be  issued  freii! 

the  State  Depiirtmcnt  to  vaiioiis  civil  ollicers.     You  will  reyani 

|0l'4j    the  instructions  contained   in  it  as  addressed  to  *yourself.    A 

copy  lias  also  boon  sent  to  Comniaiider  Chatard,  at  San  Jnan  del 

Xortc,  with  similar  instructions. 

The  Department  has  directed  liieuteiiant  Aliny,  coniinandiiig  the  Fill 
ton,  to  iiroceed  Chiriqni,  and  rejxirt  iioui  there  by  letter  to  you  as  form 
\u}£  ti  part  of  the  squadron  under  your  command.     Transmitted  here 
with  tor  your  information  is  a  copy  of  his  instructions. 
Verv  respectfully,  your  obedient  servaut, 

ISAAC  TOUCEY. 
Flag-Ollicer  H.  Paulding,  U.  S.  X. 

Commanding  Home  tSqiiadron,  AfiXjiniccdl,  New  Granada. 


,n(l»>r  Tliiitclici. 

,.\v   lliunp^liiv*'. 
Sun  rniiM'isco.l 


COIlNTKIf    V\SK    nl'     IIIK    I  .Niri;i)    STATKH. 


(>7.i 


T  oi-  St  ATI',. 
rmlxr  l-S,  l'^'»'- 
t,  llii'vo  is  rcasdii 
tiiin  tlic  limits  ut 
,.  iMciUis  fov  uiili 
lovics   of  Mexico. 
Tiiitctl  Stall's  arc 
'.  .^^.\  of  ('Diiji'it'ss. 
■ctiou   of  tli«'  s;ii(l 
11  as  111'  sliall  fill- 
,(.  riiiti'tl   Statc^. 

,.utin!4-  111*'   <•='>•>:> 
,„n  till'  ti'nit(nii> 
tln'ivfori',  ilnvi'tct! 
n>  subji'i't,  anil  l" 
f  of  ail   li'j-lliaiiit" 
other  provisions  ol 
„;iv  1h'  I'ouihI  tolif 
Ln'Mlilions  a.uauist 
so  nianitVstlv  i»vf- 
\\'.v  national  inter 
o  e  .iinnunieat*'  tc 
eeeiM'   relative  tc 

L.  CASS. 


^,  October  :{,  l'^")'- 
0  voii  for  yonv  j;ni*l 
a  to  be  issnoil  fro"' 
^     You  will  ri't;aiil 
.«!  to  *youvsolf.    A 
Ld,  atSiiuJuau  dvl 

Miunaudiug  tlu' F«^ 
■ttev  to  you  as  iovui- 
Tiausmitted  Uero 

us. 

jAAC  TOUCEY. 

I,  Kew  Granada. 


\  IiH'liiNiirc  ('. ) 

llNriKl*  SlATKS   KhAli  Sim*   Wauasii, 

0[f'  Sail  'hum  iici  Sinti\  Ihrrmhrr  11,  1857. 
Sill:  This  will  W  liamleil   Id  you   by  (ieiieral  Williairi  Walker,  who 
|i:iH  .u;iv<'ii  iiM>  Win  paiole  of  Imuor  that  he  will   ])i-eseiif   it  to  yoii  in  per 
son. 

With  the  naval  force  of  this  sipiadron.  I  arrested  (Jeiieral  Walker  on 
I'linta  .\renas,  on  the  Sih  instant,  lor  a  violation  of  Ihe  lu'Mtrality  laws 
(if  the  rnited  States,  he  Inivinj;'  set  on  foot  in  the  I'niteil  States  an 
nnlawliil  military  oruani/ation  to  make  war  upon  a  jx'opio 
iil'j,''»|  *with  whom  wf"  are  at  peaee,  and  was.  nt  the  time  of  his  arrest, 
at  the  head  of  .said  or;;ani/ation  in  the  aet  of  nnikin;;'  war,  ii.s 
iiliovc  stated. 

As  marshal   for  the  southern  district  of  New  York,  I  ei»nsi;.'u  him  to 
\i)ur  eusiody. 

I  am,  sir,  v<uus.  vV;:c.. 

II.  PArM)IN(}. 
F  1(1(1  Offirtr  ('Diiiinttinliiin  I'liitcil  Slafcs  Ihnuv  Siiuuilntn. 

Isaiah  IIvxdkks,  1:.s(|.. 

f'nifed  States  Minslidl  lor  the  tiotiihvni  Pistrict  oi'  \nr  Yorlc. 


No.  112. 


[  lllfloslllf  Xn.   17, J 

KlAC  SHIP   WA1{AS1(, 

0()'  Aspinindl,  December  l.j,  \>~il. 

SiK  ;  My  letter  of  the  iL'th  (1  ItliHnstant  inlbrmed  the  )ei„iiinuint 
ili;it  I  had  broken  up  the  camp  of  General  Walker,  at  Puntu  Ariums, 
liisarined  his  lawlc.s.x  followers,  and  sent  them  to  Norfolk  in  the  Sjira 
iii;'ii.  The  jyencral  canu;  here  with  nu',  and  will  take  piissu^e  in  one  of 
liic  steanuM's  tor  Nl  York,  where  he  will  present  himself  to  the  rmtr- 
^ll;ll  ot  the  district. 

file  I)ei)artment  beinj;-  in   jtossession  of  all  the  facts  in   relation  to 

Walker'.s  escape,   with    his  followers,  fron»   the    Tnited   States, 

li.'tl]    *iis  well  as  the  letters  of  ( 'aptain  (Jhatard  and  \Valker  to  ^n^ 

after  he  landed  at  I'oint  Arenas,  the  merits  of  the  whole  ipu'stion 

will.  1  ]>resnnu^  be  fully  comprehended. 

I  could  not  repird  Walker  and  his  folhtwers  in  any  other  lijjfht  than 
.i>  outlaws  who  had  I'scnped  from  the  vij^ilance  of  the  ollicers  of  the 
['iiivcnunent,  and  left  our  shores  for  the  purpo.se  of  rapine  and  iiunder, 
Hill  1  .saw  no  other  way  to  vindicate  the  law  and  redeem  the  honor  of 
"HI  country  than  by  disarminjjj  and  sendin<>  ihem  home.  In  doiny'  .so  I 
[mil  .sensible  of  the  res]»onsibilily  that  I  have  incurred,  and  coididently 
liiol;  to  the  (Jovernment  for  my  Justiticiition. 

Itc^arded  in  its  true  lij^ht.,  the  ca.se  appears  to  nu^  a  clear  one,  the 
lliitiiits  few  and  stron;;'. 

Walker  canu;  ti»  Point  Arenas  from  the  United  States,  liaviiif^,  in  vio 

liitiou  of  law,  net  on  foot  a   military  organization  to  make  war  upon  a 

•lople  with  whom  we  are  at  peaee.     lie  landed  there  with  armed  men 

[I'lil  munitions  of  war  iu  deliance  of  the  ftuns  of  a  ship  of  war  placed 

there  to  preveiit  his  landing. 

-^]       With  nothing  to  .show  that  he    icted  by  *authority,  he  formed 
a  eamp,  hoisted  the  Nicaraguau  ti,  ^,.  called  it  the  "  lieadipmrtesrs 

tile  army  of  Nicaragua,"  and  signed  ^•dl.self  the  commander-in  chief. 

43  a 


674 


TRKATY    OF    WASHIXUTOX rAI'KRS    ACCOM  PAN  VINT, 


'n 


U  tJ 


I'^m  > 


l»i 


Willi  this  pivteiision  \\v  elaiineil  the  li^^ht  of  a  hiwlul  {ft'iu'rai  ovei  ;i 
persons  and  thin<;s  within  si«j;ht  of  his  rtay.  Without  iij;ht  or  authiuii 
lie  huided  tifty  men  at  the  nioiUh  of  tlie  river  Colorado,  seized  the  loi 
of  Castillo,  on  the  San  .luan;  eapture<l  steamers,  and  the  ^oodsot  ine 
chants  in  transit  to  the  interior:  Killed  men,  and  made  prisoners  ot  tli 
peaeelnl  inhabitants,  sendinji  to  the  harbor  San  Juan  <h'l  Noite  sum 
thirty  or  ftuty  men,  women,  and  children  in  the  steamer  M(M:L"an. 

In  doinj"-  these  thinjis  without  the  show  of  authority  they  were  <i\i\\\ 
of  rapine  and  murder,  and  must  be  rej;arded  as  outlaws  and  [)irait> 
They  eaii  have  no  claim  to  be  rejuraded  in  any  other  lij^lit. 

Humanity;  as  well  as  law  and  Justice  and  national  honor,  demaiiiJiM 
the  dispersion  of  these  lawless  men. 

The  remnant  of  the  ndserable  bein^^s  who  surrendered  at  Hivas  wcii 
conv«'yed  in  this  ship  last  summer  to  New  York,  and  their  sutlci 
[♦»28]    inys  are  yet  fresh  in  the  memory  of  all  *on  board. 

liesides  the  sutterinj;s  that  wouhl  necessarily  be  iuHicted  updi 
an  innocent  and  nnottentlin.u  i)e«)itle.  these  lawless  followers  of  (Jeiura 
Walkei,  misjiuided  and  deceived  into  a  career  of  crime,  would  (htiili; 
less  have  perished  in  Central  America,  or  their  mutilated  and  festerin, 
bodies  have  been  brou«j:ht  back  to  their  friends  at  the  expense  of  tlii-ii 
country. 

For  the  above  reasons,  which  appe.ir  to  iny  mind  quite  suflieieiit,  1 
have  disarmed  and  sent  to  the  United  States  Gi'ueral  ^^  illiam  Waikii 
and  his  outlawed  and  pinitical  followers  for  trial,  or  for  whatever  acliun 
the  (Jovernment  in  its  wistlom  nuiy  think  i)roper  to  i)ursue. 

Cai>tain  Oinmanny,  of  Her  liritannic  3Ia,jesty'sship  Jirunswiek,otl'i'rii| 
to  co-ojierate  with  me  in  removing;-  the  pai'ty  from  Point  Arenas,  biit;i^ 
they  were  my  countrynien,  1  deemed  it  proper  to  decline  the  particii'.i 
tion  of  a  foreign  tlay;. 

I  am,  sir,  vours.  vS:e.,  »&c.. 

11.  TAULDIXG. 
Fhuj-Ofikcr.  cnmnumdiny  home  .squadron 

Hon.  Isaac  Toicev, 

/Secretary  of  the  A'«r^,  Washin(jton,  l>.  C. 


HV29\    *.\rr. 


Kentttdy,  I'nitcfl   St((ti'S  marshal,    to    Mr.    Blaclc,  Atton\< 
General. 


UxiTKD  States  Maijsiial's  Office, 

Xew  Orleans,  November  L'."),  18."i*> 

Sir:  Your  letter  of  the  10th  instant  was  not  received  by  me  until  i 
or  three  days  after  it  was  due.  Havinj;  seen  the  rei)ly  of  the  L'liii 
States  attorney  for  this  district  to  one  of  a.  similar  character  from  v 
Department,  in  which  he  put  you  in  possession  of  all  the  <rircuinstaiM 
connecteil  with  the  subject  ol  your  iniiuiry  up  to  the  date  theuMit 
thought  best  to  allow  a  few  days  to  intervene  between  his  said  ni 
and  none,  lest  some  new  phase  of  the  nnitter  should  arise  wortliv 
beiiif*'  conimuiMcated  to  you. 

I  now  have  the  honor  to  state  that  on  the  lOth  day  of  this  moiitJ!  i 
individuals, nauuMl  McChesney  and  Dreaux,  both  connected  with  a  i"'* 
<lesij>nated   as  the    Southern    Eunf^rant    Society,   were  arrested  m 
brought  before  the  ji^rand  jury  of  this  district,  and  examined  toiicliiu 
the  nature  and  object.s  of  sjiid  society.     Nothing  having  been  oli"' 


■(III 


IMPANYINO 

svt'ul  y;tM»enU  over  ,ill 
at  ii}«iit  or  iuithoiiiv 

ViUlo,  SVlM'd    till-  loi: 

iml  the  jioods  of  nil' 
iia«le  juisonurs  of  tin- 
Juan  »l«'l  Noiti.'  si.m.' 
'ainei-  Mor,uaii. 
irity  tlu'.v  were  jiuiliy 
outlaws  and  l»irau■^. 

IT  li};»»i. 

ual   honor,  deinainlcl 

'iidered  at  llivas  wtn 
i'ork,  ami  their  siitfi-! 
boanl. 

arily  be  intlieted  ui>.i!i 
s  t'oUowers  of  (leium; 
,f  crime,  woiihl  doiil.; 
utihiteil  and  festvim. 
t  the  expense  of  tlni! 

iiind  quite  sutlicieiit,  i 
'neral  William  \Valk< 
, or  for  whatever  a«tioi 

to  i)ursne. 

shipliiiix'^^^i*^^^'^'*'^''"' 
lu  lN>int  Arenas,  but  » 
10  decline  the  partu  ii'. 


I.  TAULDINO- 

mdiny  home  iHLuadmi 


COUNTER    CASE    OF    THE    INFTEI*    STATES. 


i'ilU 


from  them  whicli  would  be  constrncd  into  an  intent  to  violate  our  neu- 
trality laws,  the  witnesses  were  diseharj;cd  and  tin*  matter  dropjK'd. 

Since  then  nothin**'  has  transpired  to  alter  the  complexion  of  tlie  snb- 
jpct.  You  may  rest  assnred,  sir,  of  my  zealous  co-ijperation  with  the 
(}overnnuMit  in  maintaininji;  the  inviolability  of  the  neutrality  laws  of 
the  United  (States. 

Very  respectfullv,  &c., 

JOS.  M.  KKNXEDY, 
United  Statex  Marshal,  eastern  district  LouiHiarm. 

Hon.  J.  S.  Black, 

Attorney-General  of  the  United  Statf^s. 


'C)W\   *Mr.  Semmes,  district  attornei/.  tti  Mr.  fiUtrk,  Attorncy-OeKeral. 

United  States  Attoknev'.s  Office, 

New  Orleans,  Louisiana,  JPecenilirr  L'7,  1858. 

8iR:  Your  telegram  nnder  date  iTith  instant,  statinir  "  that  all  luojK'r 
and  necessary  expenses  incurre<l  in  the  cxccnti«>n  of  the  laws  will  oi 
ooin\se  be  allowed,''  has  been  received. 

I  shall  take  no  action  involving  expense  unless  ciri-nmstances  impera 
lively  re(inire  it,  and  then  only  after  consultation  with  the  marshal  and 
collector. 

Very  respectfully, 

Tiios.  J.  si:mmi:s, 

United  StatcH  Attorney. 
Hon.  J.  S.  Black, 

Attorney- General  United  States. 


■)'':^ 


6*-  ■:>-'■ 


Mr.   lilaclc,  Atti>n>, 


IISIIAL'S  OFFIi'E, 
,ts,  November  lir>,  IS'V 
eceived  bv  me  until  i' 
the  replvof  tl»e  L'mH 
hir  character  from  vo'i 
of  all  the  circumstamt 
>  to  the  ilate  theieoi. 
1  between  his  said  n!'] 
should  arise  worthy 

>h  day  of  this  month'' 
fh  connected  with  a  i>'^i| 
letv,  were  arrested 
'  a\id  examined  toiulii'l 
ing  having  been  eli<i"] 


Afr.  Miller,  district  attorney,  to  Mr.  Blark.  Attorney- General. 

Office  L'nited  States  Attorney, 

Neic  (h'hans.  Scpt*inber  1,  J851*. 

Sir:  Your  letter  of  the  18th  instant,  in  regard  to  a  rei)Ort«Ml  hostile 
|f'xi)e(liti(Mi  against  Nicaragua,  said  to  be  now  on  foot  in  this  district. 
[and  inclosing  a  copy  of  a  previous  letter  on  the  same  subject  addressed 
jtomy  predecessor,  was  duly  received. 

I  III  this  community  no  such  rei)ort  as  the  one  alhnled  to  by  you  has 
Iprevailed,  and  I  am  satisfied  the  rumors  which  have  reached  the  I>c- 
ipartment  are  without  foundation. 

I  am  deeidy  impressed  with  the  views  cxpresse«l  in  your  letter,  and 
rhall  not  fail  to  exert  a  watchful  vigilance  to  detect  and  frustrate  any 
[lUteiiipted  violations  of  our  neutrality  laws. 

Very  respectfully,  your  obedient  servant, 

HENRY  C.  MILLER, 

United  Stat  ex  Attorney.    , 
Hon.  J.  S.  Black, 

Attorney  Qeneral. 


«70 


TREATY    OF    WASHINGTON PAPERS    ACCOMPANYING 


1^  '■ 

k  ,■' 


^i'- 


ithilj  *Mr.  Miller,  diHtriet  attorney,  to  Mr.  /iUwl;  Attorney- Oeneral. 

Office  United  States  Attorney, 

Neic  Orlcann,  September  0,  ISoj). 

Sir:  Hmcv  my  letter  of  the  1st  in  regard  to  a  reported  hostile  expedi 
rioii  ;i;,'aiiist  Niciiragua,  said  to  be  in  course  of  preparation  here,  reportis 
have  reached  me  that  movements  are  in  progress  here,  looking  to  a  vio- 
lation of  the  laws. 

It  is  said  that  men  are  now  being  enlisted  here  for  military  service  in 
.Mexico,  either  f()r  or  against  the  existing  government  there,  and  in 
either  event  there  would  be  an  infraction  of  the  laws  of  the  United 
otates. 

My  intelligence  is  too  vague;  to  permit  of  any  action  now,  and  I  Iiavf 
contented  myself  with  oflicially  calling  the  attention  of  the  marshal  to 
the  subject,  who  was  previously  on  the  alert,  and  I  shall  not  iail  to 
exert  ii  strict  vigilance  in  the  premises.  I  «leem  it  proper  to  make  this 
communication,  because  when  I  last  wrote  not  even  a  rumor  of  an  iin 
lawful  enterprise  prevailed  here. 

Very  resi»ectfully,  your  obedient  servant, 

I^<:^'RY  c.  miller, 

United  States  Attorney. 
Hon.  J.  S.  Black, 

Attorney-Oeneral. 


a-1 


I 


!• 


I  . 


Mi 


m 


1 


H 


iff   .T75i---J 


Mr.  Hateh,  colleetor,  to  Mr.  Buchanan,  President. 

Custom-House,  New  Orleans, 

Collector's  Office,  September  2L',  18r,!». 

Sir  :  Heferring  to  my  letter  of  yesterday's  date,  I  have  the  Ikwioi  to 
annex  above  two  notices  cut  from  the  New  Orleans  Crescent,  of  this 
date,  which  ge  to  strengthen  the  suspicion  of  an  intended  illegal  exic 

dition. 
r»32]        *This  11.  Maury  1  presume  to  be  the  captain  of  the  schoont'i 
Susan,  which   escaped  from   the  United   States   authorities  at 
Mobile,  in  the  nu)uth  of  December  last,  and  ujct  with  a  disastrous  ship 
wreck  in  the  l>ay  of  IJoiuluras  shortly  after. 

I  have  made  diligent  inquiries  about  111!  Exchange  Place,  and  leain 
that  it  is  a  room  or  alley  connected  with  a  large  boarding-house  froiitini: 
on  another  street,  in  which  Ceneral  Walker  now  sojourns. 

If  the  expedition  is  really  to  start  from  Mooile,  then  the  cutter  Wash 
ington  ought  to  remain  under  the  control  of  the  collector  of  that  district; 
if,  on  the  other  liand,  this  advertisement  is  oidv  a  blind,  and  the  expedi 
tion  is  to  depart  from  the  islands  before  referred  to,  as  my  informant 
still  believes,  then  all  the  force  the  Government  intends  to  employ  td 
arrest  this  movement  should  be  placed  at  such  ready  disposal  is  tii 
cum.stances  may  justify  from  time  to  time;  and  further,  if  tlii;  dr 
parture  is  to  be  made  in  a  steam  vessel,  it  may  require  a  vessel  of  tlii^ 
kind  to  prevent  it.  • 

Waiting  any  instructions  or  information  you  nuiy  be  pleased  to  (oin 
iiiunicate.  I  have  the  honor  to  be  vour  obedient  servant, 

F.  II.  HATCH, 

Collector. 

James  Bu('iianan, 

President  of  the  United  States,  Washington^  D.  C. 


eyOeneral. 

TTOUNEY, 

temher  0,  1S5J). 
(I  hostile  expedi 
tiou  here,  reports 
looking  to  a  vio- 

lilitnry  service  in 
'Ut  there,  and  in 
Mi  of  the  Unitcil 

I  now,  and  I  liavc 
)f  the  niarslial  tu 
shall  not  tail  to 
iiper  to  make  this 
I  riunor  of  an  un 


mites  Attorney. 


QRLEA.NS, 

ptember  22,  ISf)!). 
have  the  h<^uoi'  to 
s  Crescent,  of  t\\\> 
ended  illegal  ext.c 

in  of  the  schooni'i 
tes   authorities  lU 

I  a  disastrous  ship 

.(!  Place,  and  leain 
ling-house  frontinj: 
Durus.  ^ 

II  the  cutter  W  asli 
tor  of  that  district ; 

ju\,  and  the  expeili 

o,  as  niY  informant 

tends  to  cniplov  h> 

idy  disposal    is  ^;" 

urther,  if  th.;  di' 

ire  a  vessel  of  tlib 


!(;331 


COUNTER    CASE    OF    THE    TNITED    STATE.s. 
*Mr.  Hatch,  collector,  to  Mr.  BuchutKin,  President. 


677 


CusTOM-IIousE,  New  Oui.ean.s, 
Collector's  (Office,  September  27,  1850. 


Sir:  1  have  had  the  honor  of  reading  a  letter  addressed  by  you  to 
the  lion.  John  Slidell,  with  the  ait.'(uupanyiiig  <!oiunuinicatioii  from 
Isaac  S.  McMakin,  es(i..  United  States  consul  at  Acapulco,  and  now 
iifldress  you  at  ihe  suggestion  of  Mr.  Slidell,  on  tlie  subject  of  the  con- 
teuiplate«l  filibuster  exi>edition  of  General  Walker.  The  letters  of 
Attorney-tieneral  Black  to  the  United  States  district  attorney  ami 
I'nited  States  marshal  of  this  district  w(ue  shown-  to  me  by  those 
(ifficers  at  the  time  they  were  received  by  thenj,  and  my  co-oi>eration 
to  prevent  the  fitting  out  and  departure  of  such  expedition  was  solicited. 
Tiiis  assurance  was  i)romptly  given,  and  detective  olficers  of  tl.'isdepart- 
iiieiit  have  since  then  been  diligently  employed  in  endeavoring  to  ferret 
out  the  existence  of  such  ])arties,  and  the  ])eriod  of  their  intended  de- 
parture. 

The  facts  reported  to  nu^  are  the  arrival  of  Walker  in  the  city,  and 
the  ruMJor  that  an  expedition  is  in  the  progress  of  preparation  intended 
for  some  part  of  Central  America,  and  expected  to  depart  from  the 
1st  to  the  20th  proximo.  My  informant  thinks  the  point  of  departure 
will  be  from  some  of  the  islands  on  the  coast  lying  between  the  mouth 
of  the  Mississippi  ami  ^lobile  Point.  Siiice  the  information  cominuni 
cated  to  me  by  the  United  Stat(!S  attorney  and  United  States 
iii'UJ  marshal,  I  have  used  all  the  means  *in  my  power  to  detect  the 
existence  of  and  prevent  the  dej)arture  of  such  expedition,  and 
am  not  aware  that  any  ettective  uu'asures  have  been  taken,  except  such 
lis  have  emanated  from  this  ofiice.  I  beg  to  assure  you  that  I  shall  use 
every  exertion  to  make  the  dei)artnuMit  under  my  control  as  eiiicient  in 
nirrying  out  the  wishes  of  the  Covernment  as  it  proved  itself  on  a 
similar  occasion  two  years  since. 

In  the  performance  of  this  service,  1  shall  not  oidy  act  in  conformity 
with  my  duty  as  a  public  officer,  but  in  obedience  to  my  sentiments  as 
ii  citizen  and  a  man. 

In  order  the  more  eftectually  to  carry  out  your  wishes,  1  respectful! \ 
siisji'est  that  the  revenue  cutter  Washington,  now  stationed  at  Mobile. 
liei»laced  at  my  disposal,  with  entire  authority  to  direct  the  movements 
i»f  that  vessel,  with  such  instiuctions  ami  information  as  you  may  deem 
iiilvisnble  to  communicate. 

J  hav(i  the  honor  to  be.  &c., 

l^.  H.  ITATCir, 

Collector. 

.UmE«    r>Uf!HANAN, 

President  of  the  I'nited  States. 


Mr.  Miller,  district  atfornei/,  to  Mr.  liluck.,  Attorney-dencral. 

[TcIeKiiUii.] 

New  ORf.EANS,  October  7,  1850. 
•Ion.  ,1.  ii.  Bi.ACK,  Attorney-General  : 
The  marshal  telegraphs  the  filibusters  are  (captured.    Maury  and 
Miderson  are  among  theui.    Thev  surrendered  without  resistance. 

IIENKY  C.  MILLEK. 


V'.'i 


;.t'' 


4"^^ 


678 


TREATY    OF    WASHINGTON PAPERS   ACCOMPANYING 


[(Kif)]  *Mr.  Miller,  districf  attorney,  to  Mr.  Blael\  Attorney  General. 

[Telegram.] 

New  Orleans,  Oetoher  8,  185!). 
Hon.  J.  S.  Black,  Attorney  (lencrnl : 

Four  of  the  loadois  of  tin*  Nicarajiua  expedition  aiiai,ijne<l  this  nioin 
inj^  ji'ave  bail,  $.'»,()00  each.  1  insisted  on  .*5.()00.  IVIarsljal  lias  iihoiit 
sc^veiity  men  in  barracks  below.  I  have  told  hininnder  his  instructions 
he  was  to  keej)  thes*'  men  nntil  farther  proceed inf>s,  and  to  nse  tntops 
if  necessary.  Think  the  exi)cditioii  is  frnstrated,  and  that  prosi'cution 
of  leaders  alone  is  most  Judicions,  If  you  sanction,  will  have  tliesi; 
.seventy  subordinates  discliarjjed  on  their  own  reeos'iii/anccs.  Pleiisu 
give  your  views  as  earlv  as  possible  to-dav. 

HENliY  C.  MILLER. 


■.n't 


Mr.  Kennedy,  United  States  marshdl,  to  Mr.  Blacl;  Attorney-General. 

[Telegram.] 

New  Orleans,  October  S,  185!i. 

lion.  J.  S.  Black,  Attorney  General : 

1  returned  tliis  morn'inji'  from  Southwest  Pass  with  about  seveiitv 
five  {uisoners,  which  I  left  with  two  of  my  ollicers  at  the  barnicks. 
the  plac"  designated  by  the  <;ollector,  and  four  of  the  leaders,  Aiider 
son,  Maury,  Fayssoux,  and  Scott,  who  came  with  me  to  the  ^it.v 
to  appear  before  the  commissioner.  Their  arrest  was  accom[)li.siii'tl| 
without  the  military,  which  was  kept  out  of  si}>ht.  they  declariii|i>  tliiit[ 

they  surrendered  to  the  civil  power  alone.     When  they  ])or(!(Mveil 
|«)o())    the  trooi)s  on  boaid  the  stcanu*r,  their  *excitement  was  niicon 

trollable,  and  if  I  liad  nt)t  retpu^sted  Oaptain  Kicketts  to  take  lii> 
command  on  another  steamer  lyinj;'  alongside,  a  scene  of  violence  .iiid 
slaughter  would  have  been  the  inevitable  consequence,  as  these  imiii 
were  generally  armed  to  the  teeth,     I  may  require  the  steamer  foial 
few  days  for  dift'erent  purposes.     Shall  I  keep  her?     It  would  beimprii 
dent  (such  is  also  the  opinion  of  Captain  Iticketts)  to  set  a  nii'.itaivl 
guard  over  the.se  men,  who  have  many  .sympathisers  here,  and  I  linvi 
applied  iu  vain  for  assi.stance  to  the  chief  of  police.     Will  you  alk'viiiti| 
my  immense  responsibility  in   this  matter,  by  suggesting  some  incaii" 
by  which  I  can  .secure  their  custodv. 

J.  M.  KENNEDY. 
United  States-  MarslKtl. 


Mr.  Miller,  distriet  attorney,  to  Mr.  Blaek,  Attorney-General. 

Oj  1  ICE  United  Siates  Attorney, 

Kcic  Orleans,  Oetoher  10,  18."i!t. 

Sir:  I  wrote  you  yes'erday  detailing  proceedings  had  in  coniioctioi| 
with  the  pending  prosecutions  for  alleged  violations  of  the  neutrjilitfl 
act  of  1818. 

Since  that  time,  evidences  have  multiplied  against  the  stoaiiislii|j 
JMuladelphia.  She  had  ou  board  muintions  of  war,  and  moreover  cirj 
eumstances  indicate  that  after  her  detention  by  the  collector  attoiiiptf 
were  made  to  destroy  or  nnike  way  with  that  portion  of  her  cargo,  ^^f 
are  of  the  opinion  that  when  400  tons  of  coal  are  taken  out  of  \m 


PANYING 
mmjGencral 


,  Octoher  8, 185!). 

vaisnod  tliis  morn 
Marshal  has  iihonl 
lor  his  instructions 
;,  and  to  ns«'  troops 
ul  that  urosi'cution 
ni,  Nvill  hiive  theso 
(o-nizances.    rioasf 

UY  C.  .MILLEIi. 


Aitorwij-Oencral 


S,  Oc'fo/>e/-  8,  ISJil. 

with  aboiit  seventy 
;»rs  at  the  barracks, 

the  letulers,  Audtn 
,ith  me  to  the  tity 
st  was  acconiplislu'd 
.  they  aeclariM.u-  tlint 
,Vhe"n  they  perceiviMl 
:citenient  was  uiicoii 

Kicketts  to  take  lu> 
^ene  of  violence  aiiil| 
fience,  as  these  \m 
|e  the  steamer  for  ;i| 
It  wimldbe  iuiimi 
Its)  to  set  a  nii!itiin| 

ivs  here,  and  I  Imvi 
Will  you  alleviaiii 

;f>esting'some  uu'iui^j 

..  KENNEDY. 

Vited  states  j1/<'»>7((|/. 


COHNTKK    CASK    OK    THE    UNITED    STATES. 


679 


fnrtiier  discoveries  will  he  made.  She  will  be  seized  this  morninft-  and 
lilii'lled,  under  the  third  se<'tiou  of  the  a«!t  of  ISLS,  and  as  F  wiite  the 
lollector  ollieially  informs    me  of  the  seizure  and  instructed  proceed 

inji's. 
:ii:i7|        Tiie  i)lan  of  the  mdawful  expedition  I  think,  imw,  *is  (tiearly 

and  unmistakably  reveah'd,  and  tln^  suspicions  ai.;ainst  the 
I'hiladelpliia  have  ripened  into  convictions.  I  am  now  actively  eiu- 
|)|o,ved  in  the  nu.asnres  incident  to  obtaininj;- proof,  whi<^h  will  be  needed 
in  tite  prosecution  of  the  leaders  of  the  Ni(;arajiua  expedition,  and  main 
taiiiiufi'  th(^  libel  ajjainst  the  Pliiladeli)hia,  1  am  stronji'ly  of  ojtinion 
iliat  parties  in  New  Yoik  are  privy  to  these  unlawful  desij^ns. 

I  ()uj»ht  to  have  rei)orted  t()  you  yesterday,  that,  under  your  instruc 
iiDiis  i>er  telej;r,iph,  I  emi)l()ye(l  the  tow-boat   I*.  F.  Kimball   to  (tarry 
(iinvii  an«l  brin^!4-  back  the  troops,  and  disitharged  her  when  that  servicti 
\v;is  completed. 

I  inclose  copies  of  letters,  which  are  a  part  of  the  history  of  the  arrest 
111  Maury's  party  by  the  marshal.  They  retjuire  no  comment,  ami  the 
iiiiiters  tliei'ein  referred  to  shall  receive  due  attention. 

In  the  policy  1  have  coiic(;ived  tor  the  i)rosecution  of  these  olfenderc^ 
I  ilistinj4uish  l)et\veen  the  prosecution  of  the  leaders  and  theii'  deludeil 
;iii(l  miserable  follow<»rs,  who  are  )>erfectly  harndess  without  the  aid  of 
iiiiscliievous  men  to  j>iu<le  them,  aii<l  I  shall  use  my  discretion  al)out  tluMr 
|ii;)sccution,  subject,  of  course,  to  instructions,  if  it  shoidd  be  necessary 
i(i;iive  them. 

The  collector  ami  myselfsharein  the  opinion  that  the  expedition  from 
lit'ic  at  least  is  iVustrated,  and  the  only  rejiret  we  experience  proceeds 
trom  the  apparent  (;ontem[>t  of  the  law  which  the  people  were  enabU^d 

to  nmnifest. 
i).iS|       1  shall  continue  to  furnish  you  such  important  in*fornuition 

as  I  deem  interesting  to  the  Government.  The  newspap<'rs  hero 
iiv  (iisalfecled  to  the  prosecution  of  these  offen<lers,  a»Ml  I  need  not  ad<l 
iliat  their  accounts  are  prejudiced,  ill-natured,  and  untrue. 

Verv  respectfully,  vour  obedient  .servant, 

HENEY  C.  MIT.LEIl, 

United  States  Attorncij. 
Hon.  ,1.  S,  Bi.ACK, 

Attorney-Ctcneral. 

V.  S. — Judge  McCaleb,  L7nited  States  district  Judge,  will  be  here  for 
tlic  examination  of  the  accused. 


Mr.  Miller.,  district  ((ttorne;/,  to  ^^r.  Blark,  Attorncji- General. 


(Jffic'e  of  llNrj'ED  Stated!  Attoi{ni:y, 

AV?r  Orleans,  Octoher 'li),  bSolK 

^\\i:  1  transmit  you  the  newspai)er  accounts  of  the  examination,  be- 
li'ic  Uiiite<l  StJ^tes  Commissioner  Lusher,  of  the  leaders  of  tin;  late  Nic- 
aragua expedition. 

The  newspapers  here  are  prejudiced  in  favor  of  unlawful  expeditions, 
111(1  theii-  i)rejudices  naturally  infuse  themselves  into  their  columns.     !• 
liav(>  selecte(i  the  accounts  transnntted  as  the  most  truthful,  and  from 
which  you  can  gather  the  prominent  features  of  the  evidence. 

Wit)i  regard  to  an  examination  before  a  coinnnssioner,  under  thecir- 
^^^^_ ,  "•iistances  I  was  opposed  to  it.     I  had  recpiested  his  honor  dudge  Me- 

re taken  out  of  l"'^  alch,  of  the  United  States  district  court,  to  be  present,  and  he  hvul 


Xitorney-Oenertd. 

Ls  ATTORNEY, 
|,.s,  Octoher  10,  18:>!'^ 
\m  had  in  connection 
HIS  of  the  neutialit)1 

•  ainst  the  steani>*l 
ir,  and  moreover  cir 
lie  collector  atteuf 
ton  of  her  cargo. 


\ 


\ 


^v 


680 


TKKATY    OF    WASHINGTON J'APKK.S    ACC^OMrANYlNG 


complied,  sunl  I  r()nt(Mni)l}ite«l  lii.viiijn  an  iii(li(!tnH'iit  iM'fore  thti  uraiiii 
jury  as  soon  as  the  jiul;;<»  couM  a'lw  his  charin'.  Tliis  cliaru*  was  j-ivcn 
ycstcnlay,  and  is  ((intainod  in  one  of  tlie  nowpnueis  s«'>it  to  yon, 
|*{8J)|  (tlic  IMcayune  of  this  (hitr,)  and  the  ynind  jniy  ajc  *?•■■  iiivcsti 
j^atinji'  the  subject.  Whatever  is  the,  result  l)»',fVu"  .,c  coiniiiis 
sloner,  1  shall  not  «leeni  my  duty  perfoiine<l  until  all  the  evidiiice  wliich 
is  attainable  is  laid  before  the  juiy  and  they  have  passed  on  it. 

The  evidence  ne«ressary  to  make  le.nal    |>roof  aiL-ainst  tlie  aeeiiscd  is 
dittieult,  and  1  Tear  cannot  l>e  obtained.     This  e.\p(Mlition  was  rrustnUcii 
by  intercejitinji'  its  means  and   arrestin<;'  by  judicial  process  the  lufii 
comi»osin^'  it  lietbre  it  had  reached  that  point  when  its  real  cliaiactci 
would  hav(^  been  uuule  mauilcst  and  easy  of  proof.     The  pro-jf  addiucd 
is  ample  to  pnxlucu'  moral  conviction,  but  so  jn'uarded  have  been  tln' 
movements  of  those  c^Mujiosin;;  it,  and  so  secret  the  ajien(;ies  by  whidi 
tlie  real  objects  of  tlu'  exi)edifion   have  Ium'U   controlh'd,  that   it  seems 
impossible  to  briny  ju'oof  lu'cessary  to  fasten  <xn\H,  on  tiie  moth'y  a,^,>eiii 
blajj;e  of  unarmcil  and  ili-i)rovided  men  who  were  arrested  aiMl  bron^rlit 
bat'k  to  Ihis  city  from  the  passes  of  the  ^Mississippi  Itiver,  whither  tiicv 
had  }jfone  evidently  to  await  tin,  \ esse!  provided  to  cairy  tlieni  to  tluii 
ultimate  destination.     That  this  vessel   was  intemled  to  be  the  stciiiii 
ship  IMnladelphia,  the  circumstances  strongly   in<licate,  yet  intlieex 
tended  and  searchinj'' «*xamiiuit ion,  both  belor*^  the  commissioner  iiinl 
the  f^raiul  jury,  no  direct  proof  has  becMi  <'licited  to  connect  the  assem 
blaji'e  of  nu'U  at  the  passes  with  the  steamship  IMiiladelphia. 

The  witnesses  who  ouj«ht  to  know'tlie  (ronnectiufi'  facts  liaw 

[<)4(>j    either  perjured  themselves,  or  the  inllueiu'es  which  *liave  crcatnl 

the  relation  sou,uht  to  be  established  are  too  deeply  hidden  t(t  1"' 

•ietected.     ily  labors  in  the  nuitter  are  not  yet  ended,  and  will  notceasr 

until  every  channel  of  inlbriiiation   is  exhausted  before  the  yrand  jiin. 

I  call  your  i)articular  attention  to  the  evidem-e  as  rejiards  arms  aiiil 
nlunitions  of  war  bein*;'  placed  on  the  Philadelphia  in  New  York,  ainl 
uiuler  circumstances  that  indicate  it  was  done  for  no  lej^itimate  l)urpl)se^. 

1  have  already  apprised  you  1  have  lilxdhd  the  Philadelphia.  The  dc 
velopnu'nts  in  the  evidence  indicate  that  judicial  investij^ation  in  New 
York  would  be  appropriate. 

The  nu'asures  adopted  here  have  had  a  most  salutary  elfect.  Tlnv 
will  deter  the  rejietition  «)f  thes«'  aboitive  attempts,  as  silly  as  tlu'v  aiu 
illegal. 

I  directed  the  own«'r  of  the  boat  chartered  by  me  to  take  <lo\vii  tlif 
troops  to  [iresent  his  bill,  ami,  when  done,  J  shall  recpuist  )in\  to  proviil' 
for  its  paynu'Ut. 

I  am,  sir,  verv  res|.«ectfullv,  vour  obedient  servant, 

JIKNKY  0.  MILLKK, 
rnited  Statex  AttoritfU. 

Hon.  .1.  S.  JJlac'K, 

Attoincy-iuneral. 


&'.    '1 


^41]    *Mess(Ujc  of  the  Prcxidcnt  of  the  rnited  States',  fransinittliuj  rep'U'lA 
from  the  several  heads  of  departmentN  relative   to  the  suhjirt  ';' 
the  resolution  of  the  Senate  of  the  23d  of  May  as  to  alleged  revohitiomun 
movements  in  Cuba. 

To  tlie  Senate  of  the  United  States  : 

I  trausmit  to  the  Senate  herewith  repoits  from  the  several  heads  m 
departments,  which  contain  all  the  information  in  the  possession  of  linj 


rorXTEK    (\VSE   OF    THK    INITKI)    STATES. 


681 


r"*. 


oi"  the  2'M\  instant, 


Kxcciitivc  rolntivc  to  tho  .snbjcMjt  of  tlio  iN'solutio!! 
iMiiy.) 

No  inlbruiiition  l«as  bccMi  rocoivcd  ost!il)Iisliiiiii>;  tli«'  evisteiico  '>t'  .my 
icvolutioiiars  iiiovcinciit  in  tlu^  island  of  (Jnha  anionu'  tlic  iiiliabitants 
of  til  at  island.  Tlu'  <'-orn'S])ond«Mi('C' snl)nii(l«'.l  discloses,  howj'vcr,  tlie 
fact  that  repeated  attempts  have  been  made,  nndei'  the  dircc  tion  of  foi- 
I'jijiiers  eiijoyinj)-  the  hospitality  of  this  conntry,  to  yet  np  armed  expe- 
ditions in  the  United  wStates  for  the  jmrposM  ot  invadiiiii'  Cnba.  It  will 
be  seen  by  that  correspondence  that  this  (lovernment  has  been  faithfnl 
111  the  dischar<:fe  of  its  treaty  obli<>'ations  with  Spain,  and  "in  the  exeen- 
tion  of  tile  acts  of  (Jonyress  which  have  tor  their  obje(;t  tlKMuain- 
:ii4'2]    fenance,  in  this  rej^ard,  of  the  j)eac.e  *and  honor  of  tliis  country. 

Z.  TAVLOll." 

VVasiiincton.  'June  1,  bSol. 


■Iiihn  M.  Clayton,  Secretary  of  State,  to  thr  rrrsirlrnt  of  the  United  States. 

Dei'ak'J'Mknt  oi'  State, 

Waslnnf/fon,  May  .'Jl,  1S5(» 

The  Secretary  of  State,  to  whom  has  been  referred  the  resolution  of 
the  Senate  of  the  li3d  May,  requesting,'  the  President  of  the  United 
States ''to  inform  the  Senate  whetluu- any,  and  what,  information  has 
liueu  re<!eived  by  the  Executi\  e  l)e[)artment  respectinj;'  an  alle,::^ed  revo- 
lution.iry  movement  in  the  island  ol'  Cuba,  and  to  communicate  to  the 
Senate  co])iesof  all  correspondence  and  orders  relative  thereto,"' has  the 
liijiior  to  report  to  the  President  the  a('companyin,!>'  copies  of  i>ai)ers, 
which  contain  all  the  information  filed  in  this  Dep.irtment  I'elatini;'  to 
fhc  subje(;t  of  that  resolution,  and  the  armed  expeditions  which  have, 
ti'oiii  time  to  time,  been  set  on  foot  in  the  United  States  fortius  invasion 
ot  Cuba. 

liospectfuUv  submitted. 

.lOIIN  .M.  CLAYTON. 


r    ,f    ( 

*    I 


4 


■ 


.'//•.  < 'lay ton,  Secretary  of  State,  to  Loyan  Hniifon,  esv/.,   llnitetl  States 
attorney  for  east  dislrUt  of  ijoni.siana,  Xeiv  Orleans. 


m\ 


Dei'Aiii'ment  of  State, 

Washington,  Auyust  8,  184!». 

*SiR:  Information  hasbe<Mi  re<!eived  at  this  Department  that  an 

aiiiHMl  expedition  is  about  to  be  lltted  out  at  Xew  Orleans,  but  I 

mve  as  yet  no  means  of  learninji«  with  certainty  the  destination  of  this 

i  I'xixMlitioiK    It  is  believed  that  certain  persons  are,  at  iW\<  time,  enjfaffed 

iiiii'ulisting  and  drillinjjf  soldiers,  at  or  near  New  Orle;ins.    The  soldiers 

''l»|)ear  not  to  liave  been  intrusted  with  the  secret  so  far  as  to  disclose 

thephuie  to  which  ti.oy  are  going,  though  they  say  they  are  to  receive 

'lifjli  pay,  and  are  to  be  engaged  in  active  hostilities  with  some  foreign 

i'lJwer.    liumoro  are  atloat  that  their  destination  is  Yucatan,  to  engage 

"1  the  contest  between  the  Yucatenos  and  the  Indians ;  and  Colonel 

MUiite,  who  was  formerly  engaged  in  a  similar  expedition  to  X^t^atan, 

'''pointed  out  as  one  of  tlie  leaders.    Other  rumors  are.  that  their  object 

is  either  San  Domingo  or  San  Francisco.    I  do  not  myself,  as  yet,  credit 


'  l\  '■ 

¥ 

'n\  ', 

1 

1 

r;s2 


TRKATY    OV    WASHINGTON rAPEKS    ACCOMPANYING 


i 

y 
j 

t 

i 

1 

k 

,    i     i 

\l .'. 


m 


tlu'se  rnniors,  but  fear  theip  is  reason  to  snsi)e('t  tliat  thoir  real  drstinii 
tion  is  Cuba.  It  is  said  tliat  ('i<>lit  1iuim1i('<1  men  ii;!'  to  oiiibark  Irom 
Cat  Island,  or  soiiki   otiicr  point   near   New  Orleans,  on   board  the 

steamer  Fanny,  between  tlie  L'Oth  and  L*r)tli  of  tliis  month  ;  tiiat 
|<544]    *('olonel  l»is<'oe,  of  New  Orleans,  is  (ioncerned  in  tlie  enteipiisc: 

and  that  Whitney  &  Co.,  of  New  Orleans,  have  on  hand  !<L'.')0.()()(» 
t«>  aid  in  fitting  ont  the  exjM'dition.  It  is  also  said  that  ChailcsC. 
(>anj]»bell,  of  New  Orleans,  (who,  if  my  informant  be  rij^ht,  is  in  some 
way  connected  with  that  firm,)  is  to  be  one  of  the  ollicers.  1  <iive  thosi' 
statements  to  you  as  1  have  received  them,  and  have  no  means  of  know 
\\\\f  their  truth. 

By  examinin<i'  our  law  of  the  L'Oth  April,  1818,  entitled  "An  act  in 
addition  to  the  act  for  the  i>unishment  of  certain  crimes  against  tlic 
Unite«l  >Stat<'s,  and  to  lepeal  the  acts  therein  mentioned,"  you  will  sec 
that  it  is  i)rovided  in  the  sixth  section  "  that,  if  any  person  shall,  with 
in  the  t<'rritory  or  jurisdiction  of  the  United  States,  be<»in  or  set  on 
foot,  or  provide  or  i>repare  th<^  means  for,  any  military  expedition  oi 
enterjirise,  to  be  <;arried  on  from  thence  af-ainst  the  territory  or 
<lominions  of  any  foreign  ])rince  or  state,  or  of  any  colony,  district,  or 
l»eople,  with  whom  the  United  States  are  (at)  i)eace,  every  person  so 
«)tt'ending,  shall  be  deemed  guilty  of  a   high  misdenu'aiM)r,   ami  shall 

be   lined  not  exceeding  three  thousand  dollars,  and  imprisoned 
|U4.j]    *not  more  than  three  y«'ars.'' 

Th<i  President  is  anxious  to  maintain,  w  ith  fidelity,  the  treaties 
of  the  United  States  with  all  foreign  powers;  and  he  will  not,  for  any 
(consideration,  consent  to  disregard  our  obligations,  on  the  faithful  (lis 
charge  of  which  depends  the  honor  as  well  as  the  ])eace  of  the  country. 
He  is  now  desirous  to  ascertain  through  your  instrumentality,  if  pos 
sible,  how  far  the  above-stated  rumors,  or  any  of  them,  may  be  entitled 
to  credit,  and  what  evidence  you  can  adduce  to  justify  him  in  intcrfer 
ing  to  prevent  a  violation  of  our  laws.  Should  you  llnd  the  statements 
herein  referred  to,  as  to  the  fitting  out  of  an  expedition  against  (Uiba. 
substantiated  by  credible  testimony,  he  wi.shes  you  to  proceed,  bv 
mery  means  in  your  power,  ro  enforce  the  laws  and  to  jirevent  the 
violation  of  our  treaty  with  Spain.  At  your  earliest  convenience,  report 
the  result  of  your  pro(!eedings  an<l  investigations  to  this  Department. 

Your  telegraphic  dispatch  of  the  3d  of  August  was  received  here  on 
the  Gth.     Accei)t  my  thaidvs  for  your  prompt  attention. 

I  am,  with  great  respect,  vour  obedient  servant, 

JOHN  M.  (CLAYTON. 


'%^:W^ 


1^- 


|G40]     *Mr.  Clayton,  iSccrefary  of  IStatc,  to  Don  A.  C.  de  la  Barca. 

J)EPARTMENT   OF   STATE, 

Washington,  Aiuimt  !>,  lf<t!>. 
My  Dear  Sir  :  Business  of  great  importance  to  the  interests  of  yoiii 
g:overnment  recpiires  your  immediate  presence  here ;  and  I  hope  to  sec 
you  at  Washington  as  soon  after  the  receipt  of  this  note  aa  your  con 
venieuce  will  possibly  allow  you  to  repair  hu^er. 
Verv  respectfully,  &c.,  &c., 

JOHN  M.  CLAYTOK 

Don  A.  Calderon  de  la  Barca,  c&c,  cDc,  ctrc, 

Glenn  Core,  Long  Inland. 


COUNTKK    CASE    OF    THE    UNITED    STATES.  6H3 

Mr.  Clayton,  Sfcrctari/  of  ^tatc,  to  Mr.  HnU,  tiistr'ut  attorney, 

[Coiilhlmtiiil.] 

Depatm'mknt  or  State, 

}y((sliinf)ton,  Ain/n.it  10.  1S40. 
Sir:  Iiifonnation  has  Ikhmi  receivod  sit  this  Drpiiitiiiciit  that  an 
nriiuMl  expedition  is  about  to  be  litted  out  in  the  l.'nitcii  Stat<'s  witii  an 
intention  tr,  invade  tlic  ishmd  of  Cuba,  and  that  <-eitain  persons  aie  at 
this  tinu'  eni^af^ed  in  eidistiny  and  driliinji;  sohlieis  at  sev«Tal  points  on 
our  Athintie  coast,  one  of  whieh  is  the  city  of  New  York,  to  i>e  employed 
ill  this  hostile  enterprise,  in  viohdion  of  our  hiws  and  oui-  conventional 

obli;;ations.  The  President,  anxious  to  maintain  the  honor  and 
[1147]    peace  of  the  country  by   the  faithful  disclnnj^e  of  his  *duties 

towaid  u  iViendly  mition,  dire(!ts  nn;  to  call  your  attention  to  this 
;i|)I>rehen(hMl  infraction  of  our  laws,  and  to  invite  y«!U  to  institute 
an  intjuiry  with  the  view  of  ascertaining?  whether  any  act  in  violation  of 
those  laws  has  been  committed  or  is  <h'sij»iied,  and  the  number  and 
iiiuiies  of  any  indi\  iduals  in  your  city  who  may  be  tbuiid  to  l»e  iniplica- 
icil  in  this  undertaking.  The  collector  of  the  customs,  the  mayor  and 
other  local  authorities  of  tlu^  city,  will  doubtless  ehoerfull\  aid  you  in 
iiiv('stij;!itiny  this  all'air.  Should  you  lind  the  statement  above  re- 
tcrred  to,  as  to  the  orj;anization  of  an  expedition  aj^ainst  Tuba,  sid)- 
staiitiated  by  credible  testimony,  you  will  proceed  by  every  means  in 
yonr  power  to  enforce  the  laws,  and  prevent  the  violation  of  our  treaty 
with  Spain.  At  your  earliest  convenience  you  will  rei>ort  the  result  of 
yimr  proceed inn^s  and  investigations  to  this  I)epartm<'nt. 

1  have  the  honor  to  be,  very  respectfullv,  sir,  yours,  &e., 

,]Oliy  M.  CLAYTON. 

f.Same  to  J.  ^V.  Ashmead,  esq.,  LTnited  States  district  attorney,  IMiila- 
(ii'lphia;  AV.  L.  Marshall,  esq.,  United  States  district  att«>rney.  Jlalti- 
iiiore ;  George  Lunt,  esq.,  United  States  district  attorney.  Boston. 


ti48i 


*By  the  PrvsuUnt  of  the  United  Htaten. 


wr 

"« ' 

'  ♦ . ':  i 

!     U,' 

<■  \ 

i  j' 

'  ' >i  '  . 

i  •. 

't 

r 

'<[%  .■! 


A    I'ROOLAMATION. 


There  is  reason  to  believe  that  an  armed  expedition  is  about  to  be 
fitted  out  in  the  United  States  with  an  intention  to  invade  the  island  of 
•  nba,  or  some  of  the  provinces  of  Mexi('0.  The  best  infor;nation  whicli 
tlie  Executive  has  been  able  to  obtain  i)oints  to  the  island  of  Cuba  as 
the  object  of  this  expedition.  It  is  the  duty  of  this  Covernment  ♦o  ob- 
serve the  faith  of  treaties,  ami  to  prevent  any  aggression  by  our  citizens 
upon  the  territories  of  friendly  nations.  1  have,  therefon*.  thought  it 
necessary  and  proper  to  issue  this  proolaination,  to  warn  all  citizens  of 
the  United  States  who  shall  connect  themselves  with  an  enterprise  so 
;aossly  in  violation  of  our  laws  and  our  treaty  obligations,  that  they 
will  thereby  subject  themselves  to  the  heavy  i)enalties  denounced 
ajjainst  them  by  our  acts  of  Cotigress,  and  will  forfeit  their  claim  to  tne 
piotection  of  their  country.  No  such  persons  must  expect  the  interfer 
'lice of  this  Government  in  any  form  on  their  behalf,  no  matter  to  what 
extremities  they  may  be  reduced  in  consequence  of  their  conduct. 
j  M^    An  enterprise  to  inxade  the  terri*tories  of  a  friendly  nation,  set  on 


,4,    ,. 


in 


684 


TWKATY    OF    VVAHHINGTON I'AI'KWS    ACCOMPANYING 


I*  '.i 


•J    ,  -'' 


If   f  1    ' 


>  :  I 


If.  '  I 

h 


\r 


""  -inn 


ii» 


Fi^^ll 


foot  and  inoscciitcd  witliiii  tlio  limits  of  tlu!  United  Stntcs,  is  in 
the  lii}.du>sf  doinrcn  criujiMid,  as  U'lidinj^  to  t'ndiin;,'('r  tlic  pciico  iiiid  coin 
pronut  tlic  lionof  of  tliis  nsition  ;  and.  tliciofon',  I  exhort  all  flood  citi 
/ens,  a.s  they  re;;,ird  our  national  repiitiition.  as  they  respe(!t  their  own 
laws  and  ihe  laws  of  nations,  as  tlu-y  vidne  the  hlessinjus  of  pciicc  anil 
the  welfare  of  their  eounti-y,  to  discronntenance  an«l  prevent,  hy  nil 
lawf  ;!  means,  anv  such  etiter|)v«se  :  and  I  call  n|)on  every  ollicei' of  this 
(jovernment,  civil  or  ndlitaiy,  to  asi'all  elVorts  in  his  power  to  arrest  lor 
trial  and  punishment  every  snch  offendei-  afjfainst  the  laws  pnjvidini;'  tor 
the  performance  otonr  sacred  ohlifj;ations  to  fri»'n«lly  powers. 

(xiven  nnder  my  h.iinl  the  eieveuih  Uity  of  AJiyiist,  in  ihe  year  of  our 
Lord  one   thonsand  eij-ht  hundred   and    foi-  y-nine,  and   the  seventy 
fourth  of  the  Independence  of  the  Uinted  Stares. 

/.  TxVYLOH. 

Hy  the  I  Resident : 

.}.  M.  Clayton, 

iSecrefanj  of  State. 

Ar(iiST  II,  l.St{>. 


|(».5(>J    *,]//■.  Cidi/foii,  iSccretari/  of  Staff.,  tit  Don  A.  Vahlenm  ile  la  Barm. 

Dkpautmkn r  of  State, 

WasJihn/tou,  Aiujti.st  17,  18-1!». 
Don  A.  ('Ai-i)EU(^N  i)i;  lx  Barca,  ctr.,  <tv.,  Ac  : 

Ihe  niitli'isi;^ucd,  SL'cretary  ol  State.  Iiavinj;'  had  the  satisfaction  ot'ii 
full  and  unreserved  conversation  with  his  excellency  the  envoy  extni 
ordinary  and  minister  plenipotentiary  ot  J ler  Catholic  ."Majesty  near  this 
Governmeid,  has  now  the  honor  to  acknowledj^e  the  receipt  of  his  excel 
lency's  note  of  the  l.'Jth  instant,  on  the  sid>ject  of  the  (U'si^ns  of  certain 
persons  in  this  country  to  aid  and  abet  in  an  alleged  enterprise  to  (lis 
turb  the  trampiillity  of  the  island  of  Cuba.  That  the  Government  of  tlic 
United  States  wholly  discountenances  ami  ("ondemns  the  desi<«iis  refer 
red  to,  and  that  it  will  earnestly  and  in  j»ood  faitli  do  all  that  lies  within 
its  ])ower  to  defeat  those  desif^us,  will  not  be  doubted  by  the  Spjinisli 
minister,  or  by  the  j'overnment  which  he  so  zealously  and  faithl'ully 
represents.  Tlu'  President's  views  upon  the  subject  have  been  niosl 
fr.  nklyand  sincerely  iaiparted  and  expl}nne<l  to  Mr.  Calderon  on  vi'riotis 
occasions,  They  have  been  placed  in  possession,  also,  of  the  new  minister. 
now  on  his  way  to  Madrid,  who  has  been  authorized  and  instriutcd  to 
omit  no  proper  oc(;asion  to  reorescnr  tlicm  to  the  .yovernni'Mit  of  Spain. 
Mr.  Calderon  may  rest  assured  that  strict  watch  will  be  kept  over 
[(i-jlj  any  movements  wdiich  uniy  *be  attempted  to  be  made,  within  tiif 
United  States,  l)v  any  ot  tn»Mr  citizens  ayainst  the  island  ot  Cuba. 
Active  and  [irompt  measures,  as  Mr.  Cahlerou  well  knows,  have  already 
been  adopted  by  the  President ;  and  no  further  measures  that  may  be 
(^ome  exi)edient  or  riecessary  to  prevent  the  violation  of  our  treaty  witli 
Spain  will  be  omitted  by  him.  The  proclamation  of  the  Executive  of 
the  11th  instant  is  before  the  world,  and  the  under.sigaed  takes  this 
occasion  to  communicate  to  Mr.  Calderon  an  official  copy  of  thatinstni 
raent,  to  be  submitted  to  his  government,  as  an  earnest  and  evideiK'f 
of  this  Government's  profound  respect  for  Fler  Catholic  Majesty,  their 
solemn  purpose  to  observe  the  faith  of  treaties,  and  their  sense  of  tin.' 
sacicu  v<o..^,iiions  uue  lo  a  irienaiy  power. 

Th"  iiiul<'"si.<rned  avails  VtiiTi«o1f  of  thw  onportnnitv  to  renew  to  M'' 
Calderon  the  assurance  of  his  distinguished  consideration. 

JOHN  M.  CLAYTON. 


vjYINO 


r<,l!NTKK    CASK    OF    TlIK    rNITKD    STATKS. 


(iSf) 


States,  is  in 
K'iice  iind  ('(tin 
t  ill!  jioixl  ('ill 
\HH-X  tlu'ir  (»\vii 

i'S  ol"    |»l'il('('  illlll 

)revi'nt,  l>.v  :ill 

•y  oUicJ'r  of  this 

or  to  iincst  till 

s  provitliuj:'  toi 

vers. 

ihc  vciiv  otinii 

(I   the  si'vi'iity 

/.  TAYLOR. 


Mr.  Clai/ton,  ScrfTtHrif  of  State,  to  tltnlistrirt  ottorm\i/i>f  A  hihaiim. 

I  ConlidtMitiiii.— Telfj^ram.] 

DEI'MMMKNT  Of  Statk, 

Wdtiliiuiitoii,  A  Ill/list  L.'.'),  1841). 

The  United  Statks  Distuict  At'ioknkv, 

Mobile,  Alahmita : 

Sir  :  The  (tomniiiiuler  of  the  j^nnisoii  at  tlie  fort  ha.s  been  iii- 
(I'tL'l  strueted  by  the  War  Department  to  advise  and  *<<»  operate  with 
you  in  rejjard  to  the  best  nu'ans  of  arresting'  tli<'  jtiouress  of  all 
persons  within  your  distriet  enjjfajj^ed  in  the  expedition  against  ('nba. 
Tile  President's  proehunation  and  tlic  act  of  liOth  Ajnil,  IsiS,  contain 
;iil  the  instrnetions  wliieli  it  is  luuM'ssary  for  me  to  jjive  you. 
Kespectfullv.  V(Uirs, 

elOIIN    M.  ("LAVTON. 


m  lie  la  Bonut. 

TE, 

KJHsi    17,  IS-l'.t. 

satisfaetioii  ofii 
the  envoy  extni 
Majesty  iiear  this 
['I'ipt  of  his  exn;l 
■si 5^1  IS  (»f  ei'i'taiii 
L'litei  prise  to  (lis 
[)veinuieutot"thi' 
he  desi-iiis  reft  r 
I  that  lies  within 
bv  the  Si);\liisli 
y  and  faithfully 
iiave   been  most 
Idcron  on  vi'riuus 
he  new  niinistfi. 
iid  instructed  to 
iiiii'Mtt  of  Spain. 
will  be  kept  over 
made,  within  tiif 
(•  island  ot  Cuba. 
iws,  have  alreatlv 
Ires  that  may  he 
ff  our  treaty  witli 
,he  Executive  ol 
gned  takes  this 
)y  of  that  iustvu 
jst  and  evideiu'c 
ic  Majesty,  thc-u 
lieir  sense  of  tlu' 

I  to  renew  to  Mi. 

ion. 
[.  CLAYTO>. 


Mr.  Clayton.  Secretarij  of  State,  to  Mr.  Hall,  tlistricf  attorttey. 
[Conlidt'iitial. — T4'lei;riini.  | 

I)ei'Aut:\ient  oi'  Sja tk, 

^yashinyton,  Sejttcinhe'-  ('},  bS4!>. 
.1.  J'RESCOTT  Hall,  Es(|., 

United  Stateti  IHstrivt  Atfcrncif,  New  York  : 
iSiR:  Your  attention   is  again  called  to  your  iustnu'tions  respecting 
the  expedition  against  (.'nba.     Arrest  any  vessel  engaged   in   it.     We 
k'iiru  here  that  they  are  about  to  sail. 
Y'onrs,  re.si>ectfnllv, 

.].  M.  CliAVTOxV. 


Mr.  Clayton,  Seerctary  of  State,  to  Mr.  Hall,  district  attorney. 
[Coiifuleiitial. — Telcjjiaiii.] 

DEI'AKTMENT  of  S'J'ATE, 

Washinyton,  Septcmher  (>,  1S49. 
I.  PRESCOTT  Hall,  Es(|., 

United  State,s  Distrief  Attorney,  Xew  Yorl- : 
iliiWJ        Dear  Sir  :  In  answer  to  yours,  just  received,  I  have  to  say,  •ar- 
rest any  man  belonging  to  the  Cuba  expedition,  against  whom 
vou  have  whiic  von  deem  to  be  suffiejent  or  reasonable  evidence. 

J.  M.  CJixVYTON. 


Mr.  Clayton,  Secretary  of  State,  to  Mr.  Hall,  district  attorney. 
[Confiflential. — Telegram.] 

Department  of  State, 

Washington,  September  7, 1849. 
•I.  Prescott  Hall,  Esq., 

United  States  District  Attorney,  New  York  : 

SiR:  Act  according  to  your  own  discretion  in  the  case  of  *  *  *  ;  and- 
die  vessels  also.     Break  up  the  enterprise — that  is  the  great  ol)ject.     If 


k-  (■ 


Vti; 


M: 


i;l 


r;8(; 


Tiei'-ATV    OF    WASIIIN«iT(>N I'AI'KKS    ACCOMI'ANYINC 


Mic  (fOxcirinHMit   liiiil   n(»  oflu>r  niotiv(>,.it   is  all  itiiporhiiif  to  save  tlii< 
lives  of  the  i;;rioiimt  (liipcM  of  the  pnjji'rt.     Tlicir  fate  in  (iiiha  woiiltl  he 
most  (lisastrtuis.     No  viiKiictivc  |>roc('»'(liii<;s  ar(^  dcsinilth',  in  my  jndu 
mcnt,  alter  the  enteiprise  is  liioken  up.     »     *     • 
Very  res[)e('tfitllNi,  yours, 

.1.  M.  CI.AVTON. 


'-    ) 


I  ' 


r 


t.-'iSSilik'it  ^  tt 


^ff•.  n<ill^  (lififricf  (tttornri/,  to  Mr.  ('hii/f<ni,  Senrtary  of  State, 

►SouTiii:i{N  DisTiMCT  oi'  Nkw  Yoiiii:, 

UNITE!)  STATIOS  DiSTItlOT  AlTOUMlV's  Ol  riCK. 

Sc/)lniilnrS,  IS  III. 
Hit}:  In  oIxMlicMco  to  your  onh'rs.  (lireotin;;'  me  to  ''arrest  any 
H'u)l\    vessel  «'n;> a '4(m1  in  the  expedition   a^^ainst  ('nl>a,"  *1  eiuiscil  tjic 
Sea-(iMll  and  New  Orleans  to   hi'  detained  by  the  naval  forces  df 
the  Tnited  Slates,  under  which  power  they  are  now  held. 

I  could  iKJt  discover  anythini;  in  the  ac^t  of  ISIS  whi(di  eoiild  si)i'('dily 
eft't'ctuati^  till'  olij'ct  you  hail  in  view,  exci'pt  the  eiy'hth  si'i-tioa  •,  and  I 
hope  the  power  therein  confeired  upon  the  President,  to  e  nploy  the 
"land  or  naval  forces*' in  such  an  enu'r;;ency,  will  b;*  I'ound  (ihsir  to 
justify  oni-  acts. 

[Jndcr  this  coiivi(^tion,  fcalleil  upon  Captain  >[i*.Ki>;nMM\  c:>!nai;iii(laiit 
of  the  navy-yard  at  Ilrooklyn,  for  a  fonie  ade([uateto  make  sei/ares;  and 
he  thereupon  detaile<l  four  ollicers  and  litty  men  for  the  p  irticnlar  scr 
vice  in  view.  Witli  this  force,  the  marshal  of  the  districit,  by  my  ordci. 
l)ro(u'eded  to  the  (piarantine-j'rounds  in  si  steamer,  took  possession  of  tlii' 
SeaCiull,  (a.  vessel  of  consi(k'ral)le  size,  liavin;'"  a  i»i'oi>ellei'  as  auxiliary 
to  her  sails,)  brought  her  up  to  the  navy-yard,  and  placi'd  her  undci 
the  <>iins  of  the  North  Carolina,  where  she  now  lies.  He  then,  I»y  a  like 
ordi'r  from  me,  phuMMl  an  ofUcer  with  a  small  body  of  m  u'ines  on  board 
the  Xi'W  Orleans,  (a  lar.i'C  sea  {join •(  steamer,  l\ing  at  C;)rlears'  IIo(dv.i 
to  d<'tain  her  in  harbor  until  further  onlers. 

I  «lid  not  take  |)ossessiou  of  the  Florida,  as   she  was   in   no   respiM  i 
ready  lor  si'a,  and  because   L  thoufiht  the  seizures  already  made 
[(555J     would  be  sulliiaent  to  ac*complish  all  your  i)urp  iscs. 

Since  these  arrests  have  Ihmmi  made,  I  have  been  calh'dupon  hy 
theowiuMsandayentsofthe  Sea  (lull  and  New  Orleans,  in  rt^lation  totliis 
matter,  and  they  have  very  fraidcly  adniitted  all  the  facts  ne;;es.sary  to 
justify  onr  i)roceediujL»s. 

With  regard  to  the  SeaCulI,  she  is  to«lis(!haro;e  her  (;ar,no,  (which  con 
s.sts  entirely  of  arms  and  muMi^i<;f«-.  <)f' war,)  under  the  supervision  of  ;i 
proper  authority,  and  her  own(^i'  will  yive  bond  not  to  violat;'  any  law 
^<of  the  United  States  in  relatio?*  ■"<  our  neutrality.  Uj)on  these  terms. 
ami  upiMi  a  sole  nn  assurancte  tiiai  the  expedition  is  »*lf;'(;tually  broken 
uj)  and  abamloiuMl,  I  shall  restore  this  vessel  to  Mr.  Clole. 

With  ref;ard  to  the  New  Orleans,  «he  was  under  a  (!harter-i»arty,  fail 
enough  on  its  face,  but  secretly  she  was  intended  for  the  use  of  the  ex- 
pedition, and  of  this  there  is  ami)le  proof. 

The  seizures,  however,  have  broken  up  theirplaus,  and  the  charter 
party  has  been  abandoned  on  all  side.s. 

The  owners  will  stipidate,  in  any  form  I  may  require,  that  she  shall  not 
violate  any  act  of  Couj^ress,  and  put  her  into  the  le<»itimate  busiues.s  for 
which  she  was  constructed. 

1  shall,  however,  leave  a  marine  officer  on  boari  of  each  vessel  luitii 
the  expedition  is  fairly  and  fully  dispersed. 


nt  to  siivr  till' 
]\\\);\  WoilM  ln> 
lie,  ill  my  jiKlu 


CLAYTON. 


,1  of  State,. 

YoWK, 

,'S  O I  TICK, 

fn///-rrS,  1SI'.». 

to  "  iint'st  liny 
''  *1  (-iiiscil  tlir 
'  niiv;il  roircs  (tf 

(I. 

h('/.)ulil  spiuMlil.v 

I  siM'tioii ;  mill  I 
b,  to  1' iip'oy  till' 
i  found   I'ltiiir  to 

er,  (!;)Ml'.ll  lUll'.lllt 

,ik('S('i/in"t'^*;ii"'l 
Hi-.  i>  ii'ticnlar  sim 
•ict, l>y  i>iy  oidi'i. 
posscssionof  the 

n'lU'V  ii-^  iiuxiliiiiv 
AmwA  lii'V  unilcr 
li'tliiMi,  l)y  aliKi' 

II  vriiu's  on  boanl 
(',;)rUMr-s'  Hook. I 

Its   in   no   vesiM-it 
•CM  iih'iMdy  made 

Ip  )Sl'S. 

Ml  (!i\lU'd  upon  Uv 
ill  i-eliitioiitothis 
iUits  lun'-es.SiU'V  to 

LrjU-o,  (wliicli  con 

[r  s'\ipi'>'^''^'""^**  '' 
1)  violat-'  ivii.V  law 

JpDii   tlu'se  tl'VUIS. 

iMfiHitiuiHy  broken 

lol«>. 

Ih.vrtov-pavty,  tan 
Ithc,  use  of  till'.  t'N- 

[,  luiil  tlie  cluivt*! 

Jthat  sliosliaUiiot 
limite  bu.suiess  tor 

r  eaeb  vessel  uiitii 


col  NTKK    IA«K    Ol'    TIIK    rXITKI)    STaTKH. 


687 


ift.lCt)         •With  n';;;iinl  to         •         •      I  sluill  Iciivc  liiiii  for  Hie  prcMfiit, 
as  he  now  is  iiiidcr  hail  to  ii|>p«'nr  wlini  ciillcil  for  ;  Iniviiij;  tlu'  sis 
•*iiiiiiict's  and  pli'dycs  of  liis  friend  that  all  persons  rnuatii'd  intluM'.vpe- 
ijilioii  will  l('a\t   the  city  witlioiil  delay. 

1  liop(>  these  eoiieliisions  ^^il|  meet  your  approliation  :  '  ii  il°  not,  yon 
Iiav«'  merely  to  ;^ive  me  additional  insiriielions.  which  will  ne  i'liplicitly 
t'ldlowed. 

In  this  matter  I  have  to  say,  that  to  ( 'olunel  ( 'raiie  and  ( '  iptiiin  .Mc- 
l\ce\er  I  am  indelited  tor  the  prompt  inanncr  in  which  th(\v  ni''t  my  re- 
i|iiisitions,  while  the  marshal  in  peism,  without  hesitation,  exeiMitcd  ull 
my  insi ructions  with  entire  propriety. 

I  have  not  deemed  it  necessary  to  ^'o  minutely  into  th'lails,  because  I 
suppose  that  you  have  received  them  all  IVoni  *  •  *  wiio 
liiis  a  clear  Unowledfic  of  all  the  facts. 

8iicli  expenses  as  liavi-i  l«'en  incurred  will  hii  defrayed  by  t.h;^^  marshal 
mill  charu'cd  in  his  acctmnts. 

Willi  ;ireat  re.5i[)e(!t,  vour  ohi'dient  servant, 

.).  IMMvSCOTT  IIATifi, 

Uuitcil  tSt(it<:s  Attoi'Hvy. 

Hon.  John  M.  ("i-ayton, 

iSirrctary  of  State,  Wdsliinf/fon. 

n 


Mr.  ridiftim,  Srrr.  t'lrif  of  Stat",  f;)  .][r.  II  til,  district  aU/tninji. 

DKi'AirrMi-NT  OP  STArn, 

Wa.sliimjton,  Siptniihcr  11),   184H. 

[1)571    *'^'  l'iii-i«<'<>TT  Hall,  Ksij,, 

I'nital  Sttitcs  District  Attornvji 

for  the  Sinithcrn  Histrivt  of  Xcw  York. 
8iR:  In  acknowled}>iii^  the  receifit  of  your  letter  of  the  I.">th  instant  ? 
it  is  due  to  you  to  say,  that  the  ['resident  liij-hly  approves  of  the  prompt  •- 
oiierjictic,  and  judicious  iniinner  in  which  yon  have  executed  all  tlu5*iir 
striictions  of  this  Department,  touching;'  the  late  attempt  on  the  part  of 
suiiie  of  onrmisjiuided  citizens,  who  were  concerned  in  a  niischievons  and 
ilie},'al  pr(\ject  for  tlieinvasion  of  the  island  of  (vnlia.  To  this  expression 
from  the  I'resident  I  have  {j;Teat  jili'asnre  in  addin,:;'  this  Department's 
iinqnalitied  apiuobation  of  your  ofii'ial  conduct. 

1  Sim,  sir,  with  j^reat  respect,  your  olx'dient  servant, 

JOHN  iM.  CLAYTON. 


Mr.  iSewell  to  Mr.  ('l((fjton,  Secretary  of  State. 

[Hxtiact.] 

yANTiAGO  l)E  CuiLV,  October  2.'),  1849. 

Althouja;h  it  msiy  not  be  strictly  within  my  pre.scribe<l  sphere  of  duty, 
allow  lue  to  sjiy  thsit  the  expected  inviision  of  Cuba  lisis  made  si  profound 
imim'ssion  here,  smd  that  the  authorities  ;uid  jieople  sire  loud  in  their 
tjriiteful  apiilause  of  the  Government  sit  Washin}>ton  for  sirrestiiif*' it; 
uiul  though  there  is  much  les-s  revolutionary  feeling  here  than  in  other 
sections  of  the  island,  and  if  not  sin  attachment,  at  least  an  almost  uui- 


;, 


f  ^:■. 


•s, 


Mi 


«88 


TREATY    OF    WASHINGTON PAPERS    ACCOMPANYING 


U  '{} 


EJA 


versal  siil)ordinatJon  to  the  existing  government,  yettliey  givecvi 
ftJSSj    ilence  of  serious  *ap[»relu  nsion  in  regard  to  its  security  or  ability 
to  resist  a  well-organized  expedition. 
I  have  the  honor,  «S:e.. 

THOMAS  SEWELL. 

Hon.  John  M.  Clayton. 

Svcfctan/  of  State. 


Mr.  i'Unfti»K  Sit nl tint  of  Stale,  to  Don  A.  Cahleron  de  la  Harm. 

Department  of  State, 

Washhifftony  January  1*2,  l.Sot). 

Don  A.  Cai.dekon  dk  ka   Uakca,  tt-c,  t(v.,  dr.: 

The  un<lers;igned,  Seeretary  of  State  of  the  United  States,  aektiowl 
edges  the  receipt  of  Mr.  Calderon's  note  of  the  l!)th  instant,  calling  iiis 
attenti«»n  to  renewed  designs  npon  the  island  of  Cuba  and  desiring.' 
the  intervention  of  the  Aineiican  (lovernnient  to  frustrate  and  to  suji- 
press  them.  Mr.  Calderon's  note  has  been  laid  before  the  President,  by 
whose  diieetion  the  uinlersigned  immediately  a<ldressed  instructKms  t<t 
the  United  States  disf  iet  attorneys  for  New  York,  New  Orleans,  aiid 
AVashington,  a  copy  ot  which,  for  the  satisfaction  of  .Mr.  Cahleron  iiiid 
of  his  government,  the  uiideisigned  has  now  the  honor  to  cominnnicati. 

The  undersigned  avaiN  himsi'lf  of  this  occasion  to  renew  to  Mr.  Cal 
tleron  the  assurance  of  his  distinguished  consideration. 

JOHN  M.  CLAYTON. 


[^I^O]    *.!/>•.  Clatjton.  Sirnturi/  <>/'  State,  to  Mr.  Hunton,  disir'nt  atlonmi. 


Depart:ment  of  State, 

Wa.s}>in(fton,  Januarij  '22,  lS,l(i. 

Sir  :  The  ndnistei  o(  Sjiain  residing  in  this  city,  under  dnte  of  tin 
l*.»th  instant,  has  again  invoked  the  attention  of  the  Executive  to  piob 
able  designs  against  the  island  of  Cuba,  cherished  by  i)evsons  in  the 
United  States,  of  whom  and  of  whose  schemes  he  has  received  iiitclli 
gence  through  channels  which  he  conceives  to  be  worthy  of  credit. 
IJesides  the  oi-ganization  ot  Juntas,  and  their  secret  introduction  iiitu 
(^uba  of  paper  inciting  the  iidnibitants  to  revolt,  they  are  .said  to  have 
issued  bonds  payable  on  the  icnts  of  the  island,  in  order  to  raise  nioiic) 
for  the  purpose  of  recruiting  nuMi ;  and  that  bodies  of  men  arc  aetiuillv 
exercising  themselves  in  the  n.se  of  arms,  holding  meetings  and  (^lub.s  in 
New  York,  New  Orlean.s,  and  other  places,  and  that  the  same  are  al'^ii 
forming  plans  t\>r  making  u.sc  of  the  steamers  whicii  touch  at  Havana 
on  their  way  to  Chagrcs. 

In  view  of  these  reports  of  renewed  attempts  against  Cuba,  I  niu  di 
rected  by  the  President  t<»  call  y(uir  special  attention  to  the  subject,  and 

to  instruct  you  to  keep  a  vigilant  watch  upon  all  movements  ttf  tlu 
|(i<)Oj    kind  indicated,  wit  ha  view  todetect  and  to  bring  to  punish  meat  *tlif 

iiidividuals  and  combination  of  individuals  who  may  be  found  con 
eerned  in  any  overt  act.  i»i  vit>lation  of  the  act  of  Ccmgress  of  April,  W'"' 
intended  to  di.sturb  tin-  trampjillity  of  Cuba. 


ANYINO 


COUNTER    CASE    ( »F    THE    IMTEK    .STATES. 


C8!» 


vettlu'.v  sivpcvi- 
iocurity  or  aUilit.v 


AS  SEWELl.. 


H  (le  la  Barm. 

State, 
]nnuanj  U-*,  ISriU. 


The  ProsidtMit,  <is  in  duty  botiiul,  will  (-x^-n-isc  all  tin*  powers  with 
which  he  is  invested,  to  i)revent  ;ij;j;ressioiis  hy  our  own  people  upon  the 
tm'itories  of  tViendly  nations,  and  he  expects  y(ni  to  use  every  effort  to 
(k'tect,  Jind  to  arrest,  tor  trial  r.nd  piinisliiuent,  all  olfenders  enuautMl  in 
;iiiy  armed  expedition  prohibited  l»y  our  laws, 

I  am,  sir,  verv  respeetfidlv,  vour  ube<lieiir  >ervaiit, 

JOHN   >[.  ('LAYTt)X. 
Logan  IIitnton,  P]sq., 

United  iStntes  Dhtrht  Aftonui/ 

for  the  IJastcni  IHxtrh-t  of  LouisUtnu,  Xnr  Oflcmis. 

[Like  circulars  sent  to  J.  Preseott  Hall.  esip.  I'nited  States  district 
iittorney,  southern  district  of  New  Vurk.  to  I'liilip  J«.  Fendidl,  es(|.. 
I'liited  States  district  attorney.  Washinirton.  1).  <"..  eacli  inclosiut;  a 
(iipy  of  Mr.  Calderon's  note.] 


■■m 


A   States,  aekuowl 

instant,  eallin--  his 

Cuba  and  desinii;.' 

•ustrate  and  to  swy- 

■o  the  Tresideut.  liy 

^sed  instructions  to 

Xew  (.>rle;'.ns.  autl 

'i:\lT.  Caldt'von  iuul 

lor  to  eominuuic;it(. 

o  renew  to  Mi-  ^'•^^■ 

on. 

S^  M.  ('LAYTU>. 


|o»,  (/;.s//wV/  a(t»r>ie>i. 

State, 
/,„„mn/ 22,  1N><'. 

,  under  date  of  tli>' 
I  Kxecutive  to  prob 
fd  bv  persons  in  tli<' 

has  received  nitcUi 

e  worth  V  of  cvotlit. 
U  introiUu'tion  mtc 
lev  are  said  to  hav 
Ivder  to  raise  monj') 
1  of  men  are  actunllv 

eetings  and  dubs  m 
lit  the  same  are  alMi 

\h   timch  at  ilavaiia 

liinst  Cuba,  I  am  <li^ 
In  to  the  subject,  ami 
111  movemeuts  t>nm 
l^topunisl.meuftlif 
to  may  l)e  found  con 
Lrres.s  of  A\»vii,  l-^''  • 


Mr.  Clayton,  Secretari/  of  State,  to  Don  A.  CnhUntn  de  la  Jiarcd. 

DErAiJTMENT    OF    STAT]". 

\\'axiiin;it<)ii,  Mai/  IS,  lS.->0, 

Sir  :  I  hasten  to  acknowled,u:e  the  receipt  i«f  the  two  notes  which  you  - 

itlilressed  to  me  on  the  KUh  instant.     Theyj-ommanded  my  i)rompf  and 

iiriicst  attention,  and   1  have  now  the   honor  to  place  in  your  hands  a 

iiipy  of  the  instructions  which  I  caused  to  l»c  sent  to  the  disti  ict  attorney 

of  the  United  Statesfcu' the  southern  district  of  New  Vork,ni>o!i  the 

'iill]  iuattersto*which  those  notes  relate.  Theseinstructioiis  wereaceoiii- 

panied  hy  a  copy  of  your  notes.     Vou  ai-e  not  i;:iioiaiif  of  the  nature 

and  scope  of  the  instructions  which  that  otlicer.  and  others  of  his  «!lass, 

ixticisini:'  similar  functions  within  other  di^triet^  of  the  Cnited  States, 

have  from  time  to  lime  received  trom  their  <iovei  niaeiit.     ^  »»M  are  fnlly 

mviiie,  indeed,  that  this  (iovernment  has  faithfully  used  its  best  exer- 

•inns  to  arrest  and  put  down  former  attejupted  «listni  bailees,  as  well  as 

Militain,  with  the  same  object,  information  concerniii;;  the  ariiiin,;4'  and 

luippiii^'  of  the  expedition  said  to  have  reci-ntly  sailed  to  Cuba. 

lii  immediate  reply  to  your  notes,  now  before  me.  I  have  to  say  tliat, 

I  a!rli(>n,i;ii  no  otlicial  intellij^ence  has  reached  the  Department  upon  this 

^ilijc'ct,  the  Preshlent  is  well  satistied  from  other  <oure's  of  information 

iliiit  certain  tbreijiuer.s  within  our  limits  have  ;;b!i<iMl  the  hos|)jtalit\  of 

nliis  country  ;  and  also  that  a  considerable  numiH-r  of  American  citizens 

iiive  really  embarked  with  them,  upon  some  «'j-nidesiiiie  expeilitioii,  in 

hiiilation  of  the  laws  and  treaties  of  the  I'nit.-d  ."States.     It  is  true  that, 

"ntliiii  the  last  three  months,  an  unusnal   jfutnliei-  <if  i»assports  liav(> 

'wii  soiij^ht  and  obtained  at  this  ollice  by  individimis  alh'jiiu;^  that  they 

[Mo  about  to  proceed  to  Califinnia  and  <  )re;.fon.     No  means  existed  of 

ilt'tet'tiii};-  their  real  [uu-pose,  except  throii;rh  tin-  I'nited  .States  oflieers  irt 

the  vai'ious  ports  of  embarkation,  and  the-c  oflieers  having-  iiiifo!'- 

''•-J    tunately  failed  to  furnish  any  *inlor:naiion  on  the  subject,  it  is 

I         proper  that   inquiries  shoiihl   be  in<titiite<i   into  the  conduct  of 

pull  of  them  as  mi<»'ht  be  supposed   to  Im'  r«»^nizant  of  fhe  intended 

'invasion,  and  yet  failetl  to  j;ive  notice  of  it  to  tlu-ir  own  (Sovcrnmeiit. 

h  is  not  possible  for  us  to  ascertain  the  nniiilMTof  persons  en<;aj>'ed  in 

''"'expedition,  nor  the  plac(  of  tln-ir  certain  dcst inaiion.    No  indi\  idnal, 

I'l'Ai'ver,  enjoyiiijLi'  tiie  confidence  in  any  de^rrec  of  this  (Iovernment,  is 

litlicr  known  or  believcvl  to  be  engaged  in  it.     It  is  represented  that 

U  A 


-  a      T- " 


-i,J>S§i 


H-- 


I 


(JIJO 


TIJEATY    OF    WA8II1XGT0X I'ArEKS    ACCOMPAXYIXG 


1  ^  i 

'■-  -Jl 

5,   ■:■:      ■   -.J.  '1 

-n 


most  of  tlioso  conji'ctiirt'd  to  be  so  coiieerned,  have  qiiitted  tlic 
(Mtiintry  IVoiii  d'HVrent  jxn'ts  of  tlie  United  States  in  the  eapacity  of 
l>rivate  citizens,  i)io(M!edin;4'  ostensil)Iy,  as  has  been  before  leniarkcd,  to 
<  idiiuinia  a';d  (>re,iion  :  an<l  this  without  nny  (h'nionstiation  on  ihcii 
l);U't  of  ai'ais  ami  innnitions  of  war,  or  any  other  e\'i(h!uees  b_\  means  of 
wiiich  <^heir  presumed  ult'.'rior  pui  I'oses  eouhl  have  been  discovered.  It 
is.  h'.wever,  <juite  supertluons  for  me  to  repeat  to  yon,  sir,  wiio  liavc 
S(>  ably  and  perseverinyly  co-oi)erated  with  me  in  efforts  to  detect  ami 
suppress  real  or  snspecte<l  exi»editioiis  of  this  characti'r,  that  thosv  •„  Iio 
'nay  have  embarked  in  them  hav«;  no  symi)atliy  or  countenance  what- 
ever from  this  Government,  and  tliat  the  prin(;iples()f  tlie  i)roclaaiati()ii 
which  the  President  issued  last  summer,  on  a  similar  occasion,  are  still 
adhered  to  by  him  with  inHexil)le  intej;rity.  IJut  it  is  important  that  I 
shouhl  now  impart  to  you  certain  information,  which  will,  I  trust. 
['I'i.")]  tend  to  *relieve  the  natural  anxiety  of  your  nnnd,  caused  by  my 
verbal  communication  to  you  of  that  which  I  had  learMeil  uu- 
ollicially  of  the  sailinj;-  of  the  e\i»editi(Ui  now  in  (juestion.  In  anticipa- 
tion of  such  a  i)ossible  enuM'jiency  as  might  re(juire  their  presence  na 
rlie  coast  of  Cuba,  three  American  vessels  of  war  from  the  scpiadron  on 
the  West  India  station  must  have  made  their  appearance  in  the  i)oits 
and  harbors  of  that  island,  between  the  7th  and  iL'th  instant,  as  we 
])eiieve.  They  have  lull  instructions  authoi-iziiif;-  them  to  prevent  the 
landing  of  any  of  their  countrymen  who  may  be  proceedinj;'  under  tin/ 
American  llaji"  to  the  invasion  of  Cuba.  Fuither,  two  other  war  sliijis 
<ii  .ureat  force  an«l  siieed,  one  of  which  is  the  fine  steam-fri,i>ate  8araiia(. 
were  oi<lered  for  the  same  purposi^*  to  the  coast  of  Cuba — tlje  Saranac  a 
few  hours  atter  crcilible  evidence  had  l>een  submitted  to  the  i're.sidciit 
in  reti'rence  to  the  intended  invasion. 

I  avail  myself  t>f  this  o(.*casion  to  reiterate  to  you  the  assurances  nf] 
mv  distin;;u'shed  consideration. 

JOHN  M.  CLAYTON. 

Don  A.  Caldemon  DE  la  Bauca,  dr.,  dc.  dc 


If   -" 


2[r.  Chijjton,  Secretary  of  S fate,  to  Mr.  Hall,  ilhtrkt  attorncij. 

l)ErAHT3n:NT  OF  State, 

Washint/toii,  May  17,  bS.lfl. 

"(■(Uj        *Str:  Aj>ain  it  becomes  my  duty  to  call  your  sjxuaal  atteiitioni 
to  allejicd  attempts  on   the  pait  of  ceitain   individuals  in  New 
York  an<l  elsewhere,  who  ap|K'ar  to  be  actively  enj;a<4('d  in  ormaiiiziiii: 
and  encoui'aji'inj;  expeditions  for  the  avowed  or  lu'csunu^d  object  of! 
invading  the  Spanish  jjossessions  in  the  West  Indies. 

Fi'om  the  inclosed  i'opies  of  two  notes  addressed  to  this  Departmt'iit 
by  the  minister  of  Spain,  on  the  Hith  instant,  you  will  perceive  that  liis, 
alarm  seems  to  be  based  upon  overt  acts  which  re<piire  the  prompt  i"'' 
stern  interposition  of  this  (lovernment.  The  entiie  success  of  ,Vt 
former  exertions  to  suppress  similar  attemi)ts,  under  the  instruction"*!" 
the  President,  all'ord  a  sufticient  guarantee  that  your  vigilance  lias  no 
i'elaxe<l,  ami  that  you  will  omit  in>  means  which  the  law  supi)lies,  iim 
(nir  good  faith  t(»  a  power  with  which  we  are  ami  desire  to  remain  m 
the  nu)st  friendly  terms  demands,  to  put  an  end  to  the  illegal  move 
uuiiis  here  indicated,  as  well  as  to  all  others  intended  and  cakr.liitfi 


\.NYING 

\-e  cjtiitted    llic 
the  capacity  of 
»re  leiiiaiki'd,  to 
tratioii  on  ilicir  i 
CCS  \>y  m'.'ans  of 
1  discovered.    It 
II,  sir,  wlio  liiuc 
•ts  to  detect  ami 
•,  that  tlio^^'.'  v.iio 
imteiiance  wluit- 
he  proclaai.itioii 
jccasion,  are  still 
important  tliat  I 
■liicli  will,  1  trust. 
id,  caused  l>.v  iiiy 
liad  learnetl  un- 
ion.    In  auticiiia- 
tlieir  presence  ou 

I  the  scpiadroii  on 
ran(!C  in  the  ports 
th  instant,  as  we 
nn  to  prevent  tlu' 
.;eedinji  under  tin." 
()  other  war  sliiiis 
in-frij^ate  Saraiun. 
l,ii— the  Saranai  a 

II  to  the  President 

tlie  assurances  of 
M.  CLAYTON. 


COUXTKR    CASE    OF    THK    I'XITED    STATES. 


691 


to  violate  our  obli*'"atious  toward  Spain.  Particular  iiistructio'is  on 
this  subject  are  not  deemed  ne(;essary;  it  is  enough  to  iMijoin  upon  you 
ai'is'i'l  enforcement  of  the  law,  n(»t  only  as  a  duty  to  Spain,  but  also  in 
mercy  to  such  of  our  deluded  citizens  as  may  have  unfortunately  oon- 
iK'cted  themselves  with  an  cnteriuise  criminal  in  its  nature,  and  likely 
to  result  in  fatal  conscHpienccs  to  all  coiuieriu'd. 

1  am,  sir,  respectfully,  your  obedient  servant, 

JOHN  :\I.  CLAYTON. 
J.  PRESfJOTT  Hall,  Esq., 

United  States  District  Attornci) 

for  the  Southern  District  of  Neic  Yorl;  Xeir  York  City. 


trict  aitornci]. 

State, 

„i,  Man  IT,  l^'O- 
r  special  attention  1 
ndividnals  in  N''^M 
hi-vd  in  (U'-aiiizin','! 
i-esumed  object  ot'l 

10  this  DepartnitMitl 

11  perceive  that  li^j 
Ire  the  prompt  m 
V  su(!cess  of  voiii'l 
tthe  instructions otl 

vigilance  has  imjl 
law  supplies  '""^ 

Uire  to  reiirain  ""^ 
the  illegal  niovoj 

Ld  and  calculatoi 


ilG")]    *Mr.  Hall,  <1istrict  attorney,  to  Mr.  Chi;/ ton,  Secretary  of  State. 

SOUTIIEUN   1)[ST11ICT   OF   NeW    YoKK, 

United  States  Distiuct  Attounev's  offkje, 

?!:::;  :iO,  IS.")!). 
Sir:  Y''our  letter  of  the  17th  of  ^Eay,  inclosin,i>-  two  comnninications 
from  the  Spanish  minister  to  the  State  Department,  in  relation  to  exi»e- 
ijitioiis  ar;iK!st  Cuba,  was  didy  received,  and  its  injunctions  will  be 
alivfi  /;."  ■.  ■  :d. 
I  aif  -iki,  J  .>u  >  that  there  has  been  no  armament  made  or  titt«.'d  out 
111  Xew  i'xn  k,  which  could  come  within  any  se(;tion  of  the  neutrality 
Ht  of  181.S,  or  authorize  otUcial  interference  with  the  movcnu'nts  of 
;.iiy  individuals  or  associations,  although  there  may  bo  such  here  as 
liavo  ulterior  »)bjects  in  view  of  an  uidawful  character. 

If,  however,  1  can  discover  any  movenu:'nt  .in  this  district  hostile  to 
SiMin  or  hvv  (!olonies,  I  shall  m)t  liesitate  to  carr^'  out  your  instructions 
In  the  exercise  of  any  power  conlideil  by  Congress  either  to  the  Fresi- 
\IH\1  or  the  law-ollicers  of  the  Uniteil  States. 

AYith  very  great  respect,  your  obedient  servant, 

J.  PKESCOTT  nAT.L, 

United  States  Attorney. 
lion.  John  M.  Cla;s  ton, 

Secret  ry  •//'  State. 


Mr.  Hall,  distri'^  •  'iorncy,  to  Mr.  Clayton,  Secretary  of  State. 

Southern  District  of  New  Y'ork, 
United  States  J)istrict  Attorney'.-,  Office, 

May  L*.',  \sr){) — half-p.;^^«^  •>  \,.  m. 

W'i]       Sib:  The  Spanish  consul  is  in  my  oflice,  and,  upon  *an  affida- 
vit made  by  !iim,  I  have  just  issued  a   warrant  for  the  arrest  of 
pI.T.Tolon. 

Your  ob    '  c!  t  servant, 

J.  TKESCOTT  HALL, 

United  States  Attorney. 

I  1\  S. — Will  the  President  authorize  me  to  act  under  the  Sth  section, 
['""iiloi  to  seize  and  detain  munitions  of  war  intended  to  be  used  in 
, '<'">f  the  Cubau  expedition  i 


i 


'..* 


G92  TKKATY    or    WASHINGTON 1»A1»EUS    ACCOMPANYING 

Mr.  Clayton,  Secretory  of  State,  to  Mr.   Williams,  district  atforuni. 

[Per  telcf^raph.] 

DEPA11T3IENT   OF   StATE, 

May 'in,  1850. 
Henry  Williams,  Esq., 

United  States  District  Attorney,  Savannnh,  Georyia  : 

Proceed  according  to  law  to  have  Geiier.ii  Lo[)e/  arrested  for  a  viola 
tiop  of  the  act  of  Con-irress  of  the  L'Oth  of  April,  1S18,  and  held  in  ens 
tody  until  he  can  be  transferred  to  the  projx'r  district  for  trial. 

JOHN  :\r.  claytox, 

Secretary  of  State. 


i»    ^ 


£j£k^ 


Mr.  Hall,  district  attorney,  to  Mr.  Clayton,  Secretary  of  State. 

Sou  I.   •"•:  T)i.sTRiCT  OF  New  York, 
United  Staii      .    strict  Attorney's  Office, 

May  25,  1S50. 

Sir:  Althongh  I  have  not  myself,  nor  has  any  other  oHicer  of  tho 

CJeneral  Government  here,  been  able  to  Hx  upon  any  individual 

[G67]    a  specific  char<i;e  of  criminality  *under  the  act  (d'  April,  ISIS,  sk 

as  to  brinff  him  before  a  court  and  .jury,  or  authorize  his  anvsr. 

I  have,  nevertheless,  deenu'<l  it  to  be  my  duty,  under  the  late  iiistnic 

tions  received  from  yon,  to  lay  your  letter  aiul  its  inclosures  before  the 

grand  .jury,  now  in  session,  ami  direct  their  attention  to  our  laws  coii-j 

cerning  nentialit.v,  and  the  necessity  for  their  .strict  observance. 

This  was  dom»  on  Thursday  last,  during  the  absence  of  .Judge  rx'ttsj 
from  the  (iity ;  but  on  his  return,  yesterday,  he  expressed  his  approval! 
of  the  coarse  I  luul  taken,  and  will  on  ]\[onda.y  next  make  a  .spccilicj 
charge  to  the  grand  .jurv  as  to  their  duties  upon  this  whole  siibjccr. 
I  shall  issue  subpcenas  to  the  editors  and  ])roi)rietors  of  the  Suii  iicws- 
])ai)er,  and  all  persons  nuiking  ther.iselves  known  in  this  atrocioiis] 
movement. 

With  the  highest  respect,  &c., 


Hon.  John  M.  Clayton. 

Secretary  <f  State. 


3.  niESCOTT  HALb, 

United  States  Attonuii. 


Mr.  Hall,  distr^^t  attorney,  to  Mr.  Clayton,  Secretary  of  State. 

Southern  District  of  New  Y"ork, 
United  States  District  Attorney's  Office, 

May  25,  Ism 

Sir  :  Y^our  letter  of  the  24tU  instant  is  just  received,  and  I  liiivc  •<'  i| 
for  the  Spanish  consul  to  call  at  this  office  forthwith,  ami  funiisli  si 
information  as  nuiy  enable  me  to  proceed  at  once  under  the  sixth  sectml 


jt  attorney. 


State, 
ajl  -J."),  1850. 


tod  for  a  viola- 
ul  held  in  ('\is- 
•  trial. 
VYTON, 
tary  of  Stntc. 


y  of  State. 

^  Office, 
Minj  '2b,  18"»<>- 
or  ott\(;er  of  tlio 
u  auv  individual 
,f  April,  I-SIS.  SI. 
liorize  his  arrest. 
the.  late  instriu- 
losures  belbio  \\w 
to  our  laws  con- 
hservance. 

of  dudiiv  I't'^f- 
^s(>d  his  apin 


COUNTER    CASE    OF     THE    IMTEI)    STATES. 


G03 


tt  tn 


alee  a  spt 


us 


whole  SI 


ov: 

M'ilic 

ibjecr. 


of  the  Sun  new- 
ill  this  atrocious 


Itt  halt. 


states 


Attotimj. 


ianj 


of  State. 


York, 


IV  s 


OFFK'l" 

May  '^">, 


1S30, 


of  the  a(^t  of  1818.     You  may  rely  upon  "a  rigid  oxecutiou  of  tlie  law," 
so  far  as  it  can  be  executed  by  your  obedi«Mit  servant, 

J.  lMll!:SC()TT  HALL, 

raited  iStatcs  Attorney. 
Hon.  John  M.  Clayton, 

Secretary  of  State,  dc,  ct'c. 

P.  S. — Before  your  letter  was  received,  I  liad  addressed  a  conimuni- 
(iition  to  you  upon  this  subject,  wliicli  you  will  doubtless  receive  to- 
morrow. 


Ml,  aud  I  have 


SrlB 


ilOSJ    *Mr.  Clayton,  Secretary  of  State,  to  Mr.  Ball,  district  attorney. 

[Extract.] 

» 

DEl'AKT:\rENT   OF   STATE, 

Washinyton,  May  20,  1850. 

Your  several  notes  of  yesterday's  date  were  receixed  to-day.  In 
nply  to  that  part  of  your  note  dated  yesterday,  at  .'>A  p.  ni.,  I  am  di- 
ncted  to  state  that  you  have  full  authority  from  the  President  to  act 
iiiider  the  eighth  section  of  the  actof  L'Oth  April,  1818,  in  order  to  seize 
;\ii(l  detain  munitions  of  war  intended  to  be  used  in  aid  of  the  Cuban 
fxpedition.  It  is  expe(;ted  by  the  President  that  j^ou  will,  as  far  as  in 
your  power,  strictly  execute  the  law. 


Ir.'ToneH,  Adjutant-General,  to  Colonel  Crane,  United  States  Army,  and 

to  others. 

[Circnliir.] 

War  I)ErATiT3rENT,  x\.d,tutant-Geni:uat/s  Offici,, 

Washinyton,  Auyust  124,  1849. 

Sir:  In  order  to  execute  the  laws  ami  moreette<,'taally  to  enforce  tli«> 
Pii'sident's  proclamation  of  the  llth  instant,  based  thereon,  the  Secre- 
laiy  of  War  directs  that,  in  con<.'ert   with  the  civil  authority,  you  will 
take  such  measures  as  may  be  requisite  and  [»ro[)er  within  the  range  of 
jDur  eonnnand,  ibr  the  purpose  of  i)reventing  the  carrying  on  any  mili- 
tary expedition  or  enter|»rise  from  the  territories  or  Jurisdiction 
WJ]    of  the  United  Slates,  by  any  persons  within  the  *same,'  "against 
the  territories  or  dominions  of  any  foreign  prince  or  state,  or 
i"!' any  colony,  district,  or  peoj  le  with  whom  the  United  States  are  at 

lU'llt'C.'' 

Ill  order  to  the  due  execution  of  these  instructions  you  will  conununi- 

hatf  with  the  Uiuted  States  district  attorney  ;  and   when  called  on  by 

liiiu,  or  such  other  i)erson  as  the  President  shall  have  empowered  for 

ik'imri)ose,  you  will  employ  the  force  uiuler  your  command  to  aid  in 

P'liloicing  the  said  proclamation  of  August  11,  1841). 

Kespect  fully, 

11.  JONES, 

Adjutant  General. 


»,  i> 


nd  turni 
the  si 


xth  secti^H J-^'^dressed  to:  Colonel  J.  B.  Crane,  First  Artillery,  Fort  Columbus, 
^X(.\v  York ;  Brevet  Lieutenant-Colonel  Webster,  First  Artillery,  Fort 


■'•I 

si 


l^mf- 


G04 


TK'EATY    OF    WASHINGTON — PAPERS    ACCOMPANYING 


Second  Aitilk'iy,  Fort  .Million,  Florida  ;  IJrevct  Cui»taiii  t 
(.'Orps  of  Enj;iiK'er.s,  Ft>rt  ^Ior<;aii,  Alalmina  ;  Bn'vct  Colonel 
ner,  Fourth  Artillery,  Fort  IMekeiis,  Florida;  Coninianding 

i> 1..     Ai :  .  .: ;....;.    /  " l : n; i-    xt /\..i 


J.  Searritt, 
il  J.  1.  Ciinl- 

.-., ...,,..,..  . ,, ...,  ^ ^   oiliccr  lit 

Fascajionla,  ^lissis.sippi ;  Coiiiuiandiny  olUcer  at  Is'ew  Orleans  Staliuii. 
Louisiana. J 


[«;7()J 


Mr.  Preston,  Secretary  of  the  Xavy,  to  the  President. 


Xavy  J>epaiit:ment,  May  25,  LS.")!). 

Siu:  T  have  the  honor  to  tran.sinit,  herewith  inclo.sed,  copies  of  nil 
conespondence  and  order.s  relative  to  an  alley.ed  revolutionary  idow 
nient  in  tlu^  island  of  Cuba,  prepared  from  the  (ile.s  and  records  of  tliis 
Department,  ami  called  for  by  the  res(>Uition  of  the  Senate  of  tlic 
United  States  under  date  of  3Iay  -.'J,  18.")U. 

1  hav^e  the  honor  to  be,  sir.  vonrs,  <>cc.,  (Jtc, 

WILLIAM  JJALLARD  TUFSTOX. 
The  President. 


Mr.  Preston,  Secretary  of  the  Xary,  to  Commodore  Sloat,  commanikid 

nacy-yard. 

[  ii.'legiiini.] 

Xavy  Depart3IENT,  May  15,  1S50, 

Commodore  J.  I).  Sloat, 

Commandant  ytay-Yard,  Portsmouth,  Viryinia: 

Prepare  the  United  States  steamer  Saranac  for  immediate  .service. 
Sailing-instructions  will  h^  sent  bv  mail. 

WILLI A:\[  BALLAllD  PltESTOX. 


Mr.  Preston,  Secretary  of  the  Xary,  to  Commodore  Boicnes,  commamhni^ 

navy  yard. 

[Tek'gram.] 

Kavy"  Department,  May  15, 18.")(i. 

Commodore  JoiiN  Downes. 

Commandant  Navy- Yard,  Charlestoirn,  Massachusetts: 

Report  by  telegi-apli  the  arrival  at  lioston  of  the  Albany.    Proi)iiii^ 
her  for  immediate  service.     Sailing-  instructions  will  be  sent  by  nmii. 

WILLIAM  BALLARD  PRESTOX. 


PANYING 

First  Avtillciy, 
•111  J.  BaiiUhi'ad 
ColonelJ.  Ewiiij;. 
r> revet  ]Ma.i<»r  A. 
olonel  C.  F.  Sinitli. 
ptaiu  J.  Sciirntt. 
Colonel  J.  1.  («iinl 
lautling  oilictM'  at 
\r  Orleans  ritatiuii. 


corxTER  CASE  or  Tin:  rxiTEH  statf.s. 


(;:>5 


President. 

NT,  M(iy  -•■»5 1*^"*"- 

jlosiMl,  copies  of  all 

L-evolutionary  kiov.; 

and  records  of  tlii> 

the  Senate  of  tk' 

AllD  rUESTON. 


Slodt,  commonihn 


Irinunediate  service.] 

AiiD  lnlESTO^^ 


nil  J     *Mr.  Preston,  Sccr^'fiiri/  of  the  Xarif,  tit  Coininotlorc  I\(rJ:i:r,  cdiii- 

munit'nuj  home  sqiKulroit. 

>i'AVV  ])KTAT!TMEM',  M<(1/  l~).  l.S.">(». 

Siw:  Tlie  contidential  instructions,  in  relatiou  to  wliicli  I  conferred 
witli  you  this  niorniny,  are  bein^'  i>repared,  and  will  be  disi»atcli('<l  by 
tiiiuornnv's  mail. 

As  there  is  no  vessel  of  the  home  squadron  within  your  reach,  1  have 
not  deemed  it  necessary  to  order  you  t»»  proceed  to  the  scene  of  action, 
and  particularly  as  the  condition  of  ycnir  family  is  smdi  as  to  reiuler  it 
s,)inc\vhat  inconvenient  to  you. 

Tiie  Saranac  will  proceed  forthwith. 

I  am,  very  res])i.'ctfullv,  vonrs,  ^V:c.,  &(',, 

willia:\[  r,.  pinvsiox. 

Commodore  F.  A.  Pakkeu, 

Commundiny  Home  Squadron,  Waahln'jton,  />.  t'. 


][r,  Pre.st:»i,  Secretary  of  the  Xary,  to  Capt'iiii    TatnnU,    Unit<-:1   Stutc/i 

Xary. 

[Conlideiitial.l 

Navy  Depart:mex'J',  May  l.'»,  18.">P. 
Sin:  Thoujjh  the  Government  has  no  precise  information,  yet  it  has 
lieu  iniormed,  from  sources  entitlol  to  J4reat  respect  and  considciation, 
Ithitt)'  military  fM'<;anization  has  been   effected  in   the  interior  of  the 
U'liilcd  States,  formidable  both  in  numbers  and  from  the  character  of 
[tii'ise  cn;;"aj:>ed  in   it,  for  the  purpose  of  attackinji"  thci  island  of  ('ul)a, 
i.iitl  of  revolutioni/ang  the  ^'overnment.     This  fort.'e  is  rei)res('nted  to 
consist  of  between  six  and  ten  thousand  troojis  of  the  best  kind 
'n2]    and  material  to  render  the  assault  formidal)Ie,  anil,  *as  it  is  be- 
lieved, is   suflicient,  with  other  means   and   resources  at  com- 
|ni;m(l,  to  emancipate  Cuba  from  Spanish  rule.     Lar^v  numbers  of  those 
|iiii;a;;i'd  in  the  enterprise  departed,  as  it  is  allejicd,  from  the  city  of  Xew 
|Oili'aiis,  accomi)anied  by  Generals  Lopez,  Gonzales,  and  otiiers.     It  is 
ri'prt'seuted  that  they  expect  to  effect  a  landin.i;'  ui)ou  the  island  about 
iiistiiiie.     All  accounts  concur  in   represent! n.!^-  that  it  is  a   military 
«i'('ilition  or  enterprise  bej»un  and  set  on  foot  within  the  territory  oi' 
iiisdiction  >'f  the  United  States,  to  be  carried  on  from  thence  against 
111'  island  oi  Cuba  and  the  ,i»oveinment  of  Spain.     Any  such  invasion 


that 


island  is  in  violation  of  our  oldigationsof  neutrality  to  the  gov 


Hiiiiiciit  of  Spain 
Botcnen  co)H»h«'"^""*B  ,^''^'  Governnjent  of  the  United  States  is  bound  to  respect  the  ritihts 

t  tlic  iidiabitanta  of  Cuba  ami  of  the  government  of  Spain,  and   "•  no 

I'soii  is  permitted  within  the  territory  or  jurisdi(;tion  of  the  United 

ftitt's  to  begin  or  to  set  on  foot  or  provide  or  prepare  the  means  for 

Jiy  military  ex})edition  or  enterprise  to  be  carried   on  from    thence 

ENT,  May  l-^,  l^'*"'  B^iiiist  thc^  territory  of  any  foreign  [irinee  or  state,  or  of  any  cidonj', 


[i^tiK't,  or  people 


UassacliHsctts : 

Le  Albany.    T'-^^f 
in  be  se.a  by  n.;V^ 


Alio  ruii 


You  are  therefore  directed  by  the  President  of   the  Uidted 
'''■'^l   States  to  rei)air  forthwith,  with  *the  United  States  steamer  Sar- 
anac under  j-our  command,  to  the  i);)rt  of  Havana,  in  tlie  island 
KSTO>'  B"'^'^'')  ""<!  vigilantly  and  actively  observe  the  movements  and  opera- 


I,,-: 


l-iin'--^ 


I 


600 


TREATY    OF    WA8IIIXGTOX — l-ATEUS    ACCOMPAXVIXG 


tions  of  all  vessels  iipiiroachiiis;  tlio  hailtor  of  Havana  or  tlie  island  df 
<Jiil»a,  for  tlio  i)iii'|)os(»  of  ascertainiiif;'  wlu'tlicr  any  military  expedition 
or  enterprise  has  heen  Ite-i'im  or  set  on  foot,  or  any  means  provided  to 
be  carried  on  from  the  I'nited  States  against  tiie  territory  or  dominions 
of  Sjiain. 

►Should  you  ascertain  that  such  hostile  movenjent  is  on  foot  and  is 
pro(.'eedin<f  aj'jiinst  tin'  island  of  Cuba,  you  will  use  all  [iroper  means  in 
your  power  to  prevent  a  landing;  or  the  <!arryinj;'  out  such  expedition  or 
enteri)rise,  so  as  to  a\ert  and  prevent  the  violation  of  our  obligations  ol 
amity  an«i  peace  with  Spain. 

Should  the  expedition  have  effected  a  landing  and  a  revolution  bo  in 
progress,  you  will  prevent  tin;  landing  of  any  re-enforcenuMit  or  «)f  any 
arms  <u'  provisions,  under  the  Anu'rican  Hag.  To  the  citizens  of  tiic 
United  States  who  may  be  then*  in  the  pi'osecution  of  their  peaceful  iind 
lawful  ]Mirsuits.  and  who  may  apprehend  danger  either  to  their  persons 
or  property,  you  will  extt'ud  tlie  protection  and  aid  to  which  they  luc 
entitled  as  Anu'rican  citizens. 

An  order  luis  been  given  to  Commodore  Parker  to   dispntcli 
[(I74J    such  of  the  vessels  of  the  home  *s(piadron   to  co-oi)erate  with 
yuu  in  the  tulfilbnent  of  this  order  as  may  be  within  his  reacli. 

Should  you  upon  your  ariival  at  Havana  as(;ertain  satisfactorily  that 
no  such  expedition  is  on  foot,  you  will  return  to  the  harbor  of  Norfolk 
andrep(Ut  to  the  l)e[)artment,  in  the  mean  time  keeping  it  fully  infornud 
of  all  occiirrences  connected  with  fliediity  herein  assigned  to  you. 

Tlu'  service  to  which  you  aie  orderc«l  is  one  of  great  delicacy  and  iiii- 
l)ortaiice.     Tin*  J)epartnu'nt  relies  u]>on  your  prudence,  your  (iiscrction. 
and  your  decision,  for  tin;  successful  a(,'complishment  of  all  its  objects,  j 
1  am,  resi)ectfullv,  yours,  iVc, 

WILLIAM  BALLAKl)  PlIESTOX.       | 

Captain  JosiAii  Tatxall, 

Vnmuiundhifi  Cniitd  iStafes  ,Stc({i}ier  Snranac,  Nor/oil',  Yin/iim. 

I  The  same  to  Commodore  F.  A.  Parker,  commanding  home  s(|n;i( 
ion.  Washington:  Commodore  V.  ]\L  IJandopii,  commanding  L'nitii 
States  sloop  of  war  Albany:  Commodore  Charles  Lowndes,  <(iiii 
maiiding  United  States  steamer  (iermantowu,  Pensacola,  Florid 
Jacutenant  -Luncs  11.  Ward,  Commanding  L'nite<l  States  stciiiiiH 
Vixen,  l*ensacola,  i'loiida;  Captain  Isaai;  ^IcKecver,  conimaiidii 
United  States  frigate  Congress,  Norfolk,  \'irginia.J 


ftM- 


Mr.  Preston,  Secreiari/  of  theyari/.  to  Cxplain  Tatnall,  United  States ymii. 

[Coiilidi'iitial.] 

Navy  J)Ei»AifTMEXT,  May  17,  bS.ln, 
|<)7">]  Siu  :  By  a  dispatch,  received  this  morning  from  *Comni!iiiilir 
Pandolj)h,  of  tlie  Albany,  I  am  informed  that  that  vcssii 
together  with  the  Germantowii  and  Vixen,  was  at  Port  au  Priiiir. 
in  the  islaml  of  St.  Domingo,  on  the  2[)th  ultimo,  and  that  he  pr()|)i)>i'ii 
leaving  that  port  for  Havana  when  his  appearance  at  Port  au  IMIikt 
was  no  longer  necessary  to  carry  out  certain  orders. 

It  is  therefore  i>robable  that  you  may  find  tlujse  vessels  at  Havaiii 
on  your  arrival  there.  Orders,  similar  to  those  given  to  you  on  tlii'l'i'i'j 
instant,  have  been  dispatched  to  Pensacola,  expecting  they  would 


.irANVIN'G 


COUXTKR    CASE    OF   THE    UNITED    STATES. 


Cli7 


y,\  or  tlio  island  (if 
iiilitary  expi'iUtion 
m'iius  inovidtMl  to 
■itory  or  dominitms 

is  on  loot  and  is 
vll  proper  means  in 
siu'-U  expeilitiouuv 
,f  our  obligations  ol 

I  ii  revolution  l>e  in 
[orcenie.nt  or  of  any 
,  the  citizens  «»f  the 
i)f  their  peacetul  and 
her  to  their  persons 
,a  to  which  they  aic 

rarUer  to  «lispatch 
,  t«)  co-operate  witli 
,0  within  his  reach, 
tin  satistactorilN-  tl.;it 
1.0  harlxn-of  ^ol•tolk 
■pin- it  fully  i»»t«>ii»"l 

;issi^ne»l  to  you. 
nrat  delicacy  and  uu 

U'uce,  your  diseretiou, 

ent  of  all  its  objects, 

AUl)  PllESTOy. 

Sorfnll;  V/jv/fiii'i. 

inandin-  home  sqiuul- 
(t(,uu.»anain,u'   tm^ 

mules  LoNvndi's  coin. 
l»onsacola,    Floii'la: 

li'nteil  States  stcaiiur 
Ivi'ever,   coninianilui::| 

hi.] 


m 


Ununited  States  y>'nj. 


UiENT,  Mat!  17,  bS..'i. 
li„.v  from  *Comnr.niilirl 
ned   that   that    voss'] 
[as  at   Port  an  Vnmi 
h  and  that  he  pr()i)'>>'''' 
Vance  at  Port  au  I'lnni 

(SSe  vessels  at  nM 
liven  to  you  on  the    J 

ppecting  they  wouW  if 


there.     Shonhl  you  fall  in  with  either  oi*  all  of  those  ves.s<.*l.s,  or  have  it 
ill  your  [tower  to  coiniuiuiieatt*  witli  them,  you  will  reipiire  tiiein  to  co- 
operate with  you  in  the  execution  of  the  order  of  the  I.jIIi  instant. 
I  am,  verv  respectfully,  vours,  iS:c., 

WILLIAM  liALLAIil)  IMJESTOX. 
Captain  JosiAir  Tatnall, 

Comma  mil  mj  U,  IS.  tStmmer  ISannnie,  Aqiiia  Cntk,  Vinjhiia. 


Mr.  Preston,  Secretari/  of  the  Navy,  to  Captain  Kcicton,  L'nitnl  fitateH  Navy. 

I  Ti'lcgiain.] 

Kavy  Department,  May  10, 18.">0. 
Captain  John  T.  Xewton, 

Commanilin<i  Xavy-Yanl,  Pcnsacola,  Florida  : 

The  (xermantown  and  Yixeu  are  to  bo  prc[)ared  for  immcdiat*- scrvi*'^' 
Sainng-instruclioiis  will  be  sent  bv  mail. 

WILLIAM  BALLAHI)  PHKSTON. 


%{)]  *Mr.  Preston,  Sevrctary  of  the  Xary,  to   Commodore  Parlor, 

United  iStates  ^((vij. 

[Strictly  ('i)iiii(li'iitial.] 

Navy  Department,  AmfK-ffO,  l'<4f». 

Siu :  Tlionsh  the  Government  has  no  jirecise  information,  yet  it  lias 
been  inlbrmcd  by  communication  from  JJrevct  ^Major-drnrral  Twijr<;s 
"that  six  hundred  men  raised  in  New  Orleans  landed, on  the^Jlst  ultimo, 
on  Jioiuid  Island,  three  miles  from  J'ascaji'oula;  that  they  an-  unarnn-d. 
and  encamped  under  their  commander,Colonel  Wiiite,"  (ieiu-ral  Twi;rgs 
was  informed  by  (Ndonel  White  "that  it  was  a  i)aity  of  emi;rrants  iles- 
tincd  to  California."  The  general  further  states  '•  that,  lar^e  a.s  was  the 
'•ody  of  men,  he  should  have  given  the  subject  no  <'oiisiderat:f»n  but  for 
tlic  pojtnlar  belief  that  an  ex[)edition  is  being  litted  out  in  tlie  .*<«»utliwest 
and  West  ibr  the  invasion  of  Cuba  or  to  revolutionize  the  Mi-xican 
States  of  the  Si«*rra  ]Madre.  Itiunor  here,''  the  general  remarks,  '-and 
ill  the  city  of  New  Orleans,  points  to  this  body  of  six  hundred  men  as  a 
luii'tion  of  the  band  to  be  employed  an<l  whicli  is  to  receive  larj:e  re  en- 
ticements from  the  Western  States."  Other  information  h-ss  authentic 
lias  heen  furnished,  in  which  it  is  alleged  that  Colonel  White  is  prepar- 
ing an  expedition  against  Cuba  ;  that  on  the  L'Sth  idtim«i  he  liad 
I'l'TJ  raised  four  hundred  men  in  New  Orleans;  that  *he  •  x|MM-t«'d  to 
raise  in  that  city,  in  all,  eight  hundred,  and  corresponding  iiutn- 
'»'is  in  Boston,  New  York,  and  lialtinnne;  that  the  recruits  at  New 
Orleans  are  to  be  drilled  at  Cat  Islaml,  from  which  jioint  they  are  to 
[finhark  in  the  steamer  Fanny,  about  the  20th  or  2.jth  instant,  for  the 
isoutli  side  of  Cuba;  and  that  a  considerable  number  of  the  military  in 


Cuh; 


I  are  said  to  be  in  communication  with  them.    Colonel   Bnst.'W.  of 


pew  Orleans,  and  Charles  C.  Campbell  are  to  be  officers  in  tin.'  ex|»e«Ii- 
tion ;  that  Whiting  &  Co.,  of  New  Orleans,  have  82,'50,000  to  forward  the 

jt'xpt'dition. 


■li 


fi08 


THKATY    or    WASIII.\(;T0\ — I'M'HIJS    Af'f'O.MI'AN  VINO 


I  ■ ! ': 

I'     '      ♦ 


i*'    ' 


f 


if 


;s 


mLx 


Any  sucli  iiiviision  of  either  Cuba  <»r  Mexicfo  is  a  violation  of  our  olilj. 
giitions  of  neutrality,  as  we  iire  at  peiu-e  with  both  ;,'overnnients. 

The  United  States  are  bound  to  respt-ct  the  riH:hts  l)oth  of  Spain  niid 
of  ]\Ie.\i(!o,  in.\  "no  peison  is  i)erniitted  within  the  teriitory  or  juiisdic- 
tion  of  the  United  States  to  heyin  or  to  set  on  foot,  Ov  provide  or  picpiuc 
the  means  for  any  military  expedition  or  enterprise  to  l»e  carried  on 
from  thence  against  the  territory  of  any  forei;j;n  prince  or  state,  or  of 
any  (iolony,  district,  or  people  with  wlii(!h  the  United  States  are  at 
Heace." 

You  are  therefore  <lire(ted  by  the  President  to  repair  forthwitli, 
[078]  with  the  force  under  your  *(M)uimau«l,  to  tlu'.  vicinity  of  ("at 
lslan<l  and  tin*  mouth  of  the  Mississipjii  Uiver,  and  co-opcrafc 
with  tile  district  attorney  of  the  United  States  and  the  cctllector  of  tin- 
customs  at  New  Orleans,  and  iiet  in  concert  with  them,  availiuj;-  your- 
self of  all  such  information  and  of  all  sucli  means  as  tln'y  may  have  at 
their  command,  and  vi;;i!antly  antl  aiitively  observe  tlie  movements  and 
operations  of  any  bands  or  assemblajjes  of  people,  for  the  puii>ost'  ot 
ascertainiufj;  whether  any  hostile  military  expedition  or  enterprise  is 
bejiun  or  set  on  foot,  or  any  nu'ans  provi<led  a<>ainst  the  territory  or 
dominions  of  any  priiuje  or  state,  or  any  colony,  district,  or  peo[de  witli 
whom  the  United  States  are  at  peace. 

Slu)uld  you  discover  and  ascertain  any  such  attempt,  by  any  portion 
of  our  citizens,  to  invade  either  Cuba  or  ^Mexico,  you  will  enii)loy  the 
force  uiuler  your  commaiul  to  prevent  it. 

If  you  should  re(!eive  any  information,  or  discover  any  fact  v.ith  re- 
gard to  said  movements,  you  will  not  oidy  take  prompt  measures  to 
arrest  it,  but  you  will  give  early  notiiie  to  the  Department. 

Should  you,  on  reacliing  Cat  Island  and  its  vicinity,  ascertain  that  a 

hostile  movement  is  on  foot  and  has  proceeded  against  tlu^  island 

[()7!)]    *of  Cuba,  you  will  repair  with  the  +brce  niuler  your  command  to 

that  island  and  use  all  proi)er  means  in  your  power  by  i)reventiii;; 

their  landing,  so  as  to  avert  and  prevent  the  violation  of  our  obligations 

of  amity  ami  peace  with  Spain. 

Tlie  «luty  assigned  to  you  may  become  highly  delicate  and  important. 
Tiie  Department  relies  upon  your  prudence,  your  sagacity,  and  yonr 
discretion  for  the  successful  accomplishment  of  the  service  to  which  yon 
are  ordered. 

Very  respectfully,  yours,  &c., 

W.AL  BALLARD  PKESTON. 

Cominod(ue  Foxiiall  A.  Parker, 

Command'uhj  United  iStates  Home  Squadron,  Pensacola,  Florida. 


M     , 


^[r.  Preston,  Secretary  of  the  Xari/,  to  Lientcnant  Hunter,  United  Stahx 

Kary. 

[Strictly  confidential.] 

/  Navy  Depart-Aient,  August  It,  1849. 

Sir:  Information  has  been  received  by  this  Department  which  in^ 
duces  the  belief  that  a  body  of  our  citizens,  within  the  Jurisdiction  of 
the  United  States,  has  begun  and  set  on  foot,  and  are  now  preparing,'  a 
military  expedition  or  enterprise,  to  be  carried  on  from  thence  against 
Cuba,  or  the  ^Mexican  States  of  the  Sierra  Madre,  for  the  purpose 
[OSOJ    of  invading  or  revolrttiou*iziug  the  same.    An  order  was  issni'd 


COl'XTKR    CA8K    OF    TlIK    IMTKI)    sTA  I  KS. 


nno 


.'  t'l 


on  till'  Dtli  iiislaiit  to  ('ominodoiv  I'arUn-,  ('(tiniiiimdiiiy'  tlic  liuiiio 
si|iiii(lron,  (lii'cctiii^'  liiiii  to  proceed  to  the  point  at  wliieli  tlie  Depart- 
iiiciit  is  iiiloiaied  a  loree  is  pr((!>ahly  assenihliii-;',  wilii  dii'eetioiis  to 
Hircst  and  siippr«'ss  any  sneli  hostile  and  iih';;ai  movement  a,y'ainst  any 
pi'oph' or  country  with  wliurh  the  I'nited  States  are  at  peace. 

1  inch)se  with  tiiis  onh'r  a  (toi)y  of  that  ol'  tlie  '.>rh  instant,  addressed 
to  Commodore  I'arker;  and  you  ai'e  heieby  oi(h'red  hy  the  President  of 
'ic  United  States  to  proceed  wirli  [\n\  rniled  States  steamer  AIIe;,'hany 
iiiith-r  yoni-  command,  so  soon  as  she  is  in  readiness  for  service,  to  (!at 
Isliiiid  and  the  miuitli  of  the  Mississippi  lii\er,  ami  there  report  to 
("oinuK.dore  l'\  A.  Parker  for  furtiier  instiiictions. 

On  your  way  to  Join  Commodore  I'aiker  you  will  vi^iilantly  and 
actively  observe  the  movements  of  such  vessels  as  may  fall  in  your 
way,  for  the  purpos*' of  ascertainiufi'  whether  any  such  hostile  movement 
is  he<;un  or  set  on  foot,  or  in  pro^'ress  of  ju'eparation,  aj;'ainst  the  terri- 
tory of  either  Cuba,  Mexico,  or  any  other  country  with  wliich  the  Ignited 
States  ar«^  at  ]»ea('e. 

Should  you,  before  joinin*i"  Commodore  Parker,  discover  and 
iISlJ  (h'tect  any  such  atten.pt.,  you  *\vill  usi^  all  proper  means  in  your 
jiower  to  avert  and  |)revent  any  violation  of  our  laws  of  neutrality 
or  treaty  stipulations;  aiul  in  the  execution  of  this  order,  you  will  con- 
tiiio  yoursi^lf  tothe  instructions  and  orders  of  the  l>th  instant,  addressed 
to  Comnmdore  Parker. 

Parser  Slamm  will  remain  on  board  tin*  Alle;L>iiany  until  her  return  to 
this  or  some  northern  port,  when  the  transfer  of  his  accounts  will  be, 
iiDule.  lieiiuisitioiis  for  the  wants  of  the  Alle^^hany  must  be  drawn  in 
ilio  usual  manner;  but  the  I)ei)artmeut  expects  that  you  will  not  ap- 
piove  any  recpiisition  lor  money  not  rerpiired  for  actual  expenditure. 

The  Department  relies  ui)on  your  prudence,  your  sa;;acity,  and  your 
iliscretion  for  the  successful  fulllllment  of  the  orders  with  wliich  you  are 
intrusted. 

Very  respectful! v.  yours,  «S:c., 

WM.  DALLAHI)  PHKSTOX. 

Lieutenant  W.  AV.  IIuntku, 

CommuniUiuj  Uniied  States  Stcfoncr  AJIc<jli(i)iif, 

Potomac  Kicer,  Washiiujton,  I).  C. 


\te)\  United  StaU' 


If/'.  Preston,  Secretary  of  the  Knvff,  to  Captain  McCauley,  United  States 

S'a  vy. 

[Coniidcntiiil.] 

NaVV  DeI'AUTMKNT,  .l»/7?^s•^  14,  IS  if). 

Sir:  The  Department  has  intrusted  to  Lieutenant-Command- 

W2J    ant  W.  W.  Hunter  confidential   instrnc*tions  which  nnpiire  his 

early  departure  from  AVasliingtoii.    You  will  therefore  be  pleased 

[to  expedite  the  preparation  of  the   United  States  steamer  Alle;;hany 

{"uder  hi^s  command,  and  render  every  facility  to  accomplish  that  object. 

Very  respectfully,  yours,  »&c., 

WM.  BALLARD  PEESTOX. 

Captain  Charles  S.  McCatilfa-, 

Commanding  United  States  Navy-Yard,  Washinyton. 


700 


THKATY    OF    WASIIINCiTOX PAI'KIJS    ACCOMPAWIXCi 


■  i 


m 


^v 'hi 


Mr.  Vi'fxton,  Secretary  of  ihc  Xarjf,  to  Commoihre  Varhr,  United  Hldti-H 

yarif. 

y\\\    DkI'AKTMKNT,  AUf/IINt  11,  |S|!>. 

Siu:  Tlio  United  States  steamer  Alleffliiiiiy,  under  the  eoniniand  (tf 
Lieutenant  \V.  W.  Hunter,  lias  heen  directed  to  jMOi-eed  to  Cat  Islniid. 
and  the  ii,outh  of  the  .Mississippi  iliver,  and  there  to  rei>oi  t  to  .you  lui 
further  instrui-tion.'^. 

Tins  a<lditional  force  it  has  heen  «leenu'd  advisable  to  seiul  you,  in 
conne<'tion  with  the  (jontldt'iitial  instru(rtions  to  your  address  iniilcr 
datci  of  tlu^  t>th  instant,  and  you  will  lie  pleased  to  dt^tain  tiie  Aiie^iiiiny 
no  lonj;'<U'  than  may  be  al>solutely  necressary  to  a(!(!ompiish  the  olijccts 
sot  forth  in  the  order  of  the  0th  instant,  before  referred  to. 
8he  will  return  to  VVashinj;ton. 
•  Veiy  respectfully,  vours,  vVc, 

WM.  BALLAKD  PlfESTON. 
♦Commodore  F.  A.  I'Akkkii, 

Commanding  Home  Squadron,  off  Cat  [stand, 

Month  of  the  MitisisKijun, 


m 


»;. 


''    .1 


hsi"iti?Wi'ii^': 


Mr.  Prcstitn,  Secretary  of  the  I'sary,  to  Commander  Lownden,  United  Stalo 

Xary. 

[Strictly  coiifultMitial.] 

Navy  I^epartment,  Anynsf  21,  ist!). 

Hui:  You  will  i>roceed  forthwith,  with  the  United  States  ship  ' 
immtown  under  your  command,  to  Havana,  in  the  island  of  Cul 
charjie  of  disjtatclies  from  the  J)epartment  of  State  and  from  tluill 
able  John  ^[. Clayton, Secretary  of  that  Department,  directed  to"  Koluit 
]>.  Campbell,  escp.  United  States  consul,  Ilavana,  Cid)a,"  and  there  dc 
liver  the  said  dispatciies  in  person  t(»  tiie  said  consul. 

Inclosed  herewith  you  will  also  find  a  copy  (if  a  confidential  onlci 
from  this  Department  to  Commodore  Foxhall  A.  I'arker,  commaiiiliii;; 
United  States  home  sqinulron,  to  wliu;h  you  are  attatthed  ;  and  you  iiiv 
iMU'cby  ordered  f^ad  directed,  after  the  delivery  of  the  before  nientioiicil I 
dispatches,  to  rejoin  the  stpnulron   under   the  command  of  Comm{»iloit| 
Parker,  if  you  are  induced  to  believe  from  any  reliable  information  ymi 
may  receive  that  he  has.  under  his  conlidential  order,  proceeded  in  tlal 
direction  of  the  island  of  (Juba  in  execution  thereof;  and  in  tlii[ 
[G8t]    absence  of  *Coinnn)dore  Parker  you  will    be   j4()verned   by  tli' 
instructions  ^^iven  to  him,  a  copy  of  which  is  inclosed,  excei)t  >"i 
far  as  by  said  ins^^ructions  he  is  recpured  to  proceed  to  Cat  Island  aiitll 
the  mouth  of  the  Mississippi. 

After  remainiu};'  a  reasonable  time  at  the  island  of  Cuba,  aiul  rewiv] 
ing  no  information  inducinjj  you  tt)  believe  that  a  military  expeditioiii 
in  ju'ogress  toward  that  island,  you  will  return  to  JJoston,  in  execiitii:! 
of  the  ordeis  already  given  by  Commodore  Parker,  or  such  other  oidtr- 
as  he  may  };ive  to  you. 

I  am,  verv  resjiectfully,  yours,  &c., 

WM.  BxVLLARD  PKESTOX. 
Commander  Chahles  Lowndes, 

Commanding  United  States  Steamer  Germantown, 

Boston,  Massachusetts. 


COUNTER    CASK    or    TllK    rM'H;i)    STATl.S. 


AXYIN(i 

cr,  ritUvd  SfdtiK 


miusf  11,  1SI'.»- 
the  iM»min!in<l  tit' 
■tMl  toCivt  Ishuul. 
rt'pmt  t(»  .V«»u  t'oi' 

ain  tli«'  AlU';;l>i>ii,v 
n|»UsU  tho  olt.it'i'ts 
lid  to. 


wmUs,  United  Sfat> 


0(1  Sttites  sliip  ' 
>  islaiHl  of  Cul 
aiuUVom  th(' 1 

,aivo('to(Uo"U'>iH;" 

Cuba,"  and  there  (I.  • 

'\i  confidential  oviltv 

,'avkei-,  conunandiii- 

tael.ed;  and  you  ^nv 

he  before  nientiout'l 

nnuidof  ConinuxUm 
able  infor.nation  yn" 
•aer,  proceeded  in    j 
thereof;  and  m  M 
ho    ocverned  by  tli  _ 
is  inclosed,  exeept  > 
ed  to  Oat  Island  m\\ 

of  Cuba,  and  recoivl 

military  eKi>editu).ii> 

)  liDston,  in  exeon  i'  1 

I  or  such  other  onUi^l 


LARD  P11EST0>. 


fO»0Jl, 

massachiiscfts. 


701 


Mr.  I'U,  Hcvt'ctiiyy  of  the  Xari/,  to  CiHiiituxhtrr  Doirnrs,  VnUvtl  Stutcn 

AV » rif, 

Navy  DkI'AUTIMENT,  August  2],  IS  10. 
Siii:  Tlu'  inclosed  packet,  adflressed  to( 'oiinnauiler  Charles  Liiwndes. 
(•()iinMan(lin;f  the  ITnited  States  ship  (Jerniantown,  you  will  be  ])leased 
to  have  delivered  to  him  with  all   practi<'able  dispatch.     His  services 
with  the   vessel  under  his  coiiunand  aw.  required   under  conlUleiitiiil 
instrut'tions;  yon  will  thcretbre  be  pleased  to  facilitate  his  niove- 
[ii8r»J    nients  by  alVor^linj;'  every  aid  in  your  power  *to  hasten  his  de- 
parture from  I'.oston. 

1  am,  verv  respectfully,  yours,  if:r., 

WM.  IJALLAIM)  rJ{i:!ST()N. 
Commodore  .ToiiN  Doavnks, 

Commandant  United  States  X<iey-Yard,  lioston. 


}U'.  Preston,  Scct'etary  of  the  Navy,  to  Commodore  Parker,  United  <S7«/t'.s- 

Navy. 

[Coiitidfiitial.] 

Xavv  I)KPAKT:\n:NT,  Anyust  L'.'J,  ISHi. 

SiK  :  Tn(!losed  herewith  you  will  receive  duplicate  of  coutidential 
instructions  addresse<l  to  you  on  the  l>th  instant  at  I'ensacola. 

As  it  appears  IVom  your  last  dispatch  that  you  siii'id  from  IN'tisacola 
before  those  instructions  reached  you,  vi/,  on  the  b)tli  instant,  you  will 
jiioceed  forthwith,  on  receipt  of  this  order,  to  carr^'  into  elfect  the 
instructions  referred  to. 

The  United  States  steamer  Alleghany,  Lieutenant-Commanding  W. 
W.  Hunter,  has  been  added  to  your  commaml,  in  connection  with  the 
st'ivice  assigned  to  you  under  <late  of  the  l>th  instant.  You  will  be 
lilcased  to  detain  that  vessel  no  longer  than  may  be  necessary  to  etfect 
the  object,  and,  when  accomi»lishe«l,  you  will  direct  her  to  return  to  the 
port  of  Washington,  1).  C. 

Vcrv  respectfully,  yours,  &c., 

W.AI.  liALLAKI)  PKESTOX. 
Commodore  F.  A.  Patjker, 

CommamUny  United  States  Home  Squadron, 

NeH'2)ort,  lihode  Island. 


*Commandcr  Randolph,  United  States  Xavy,  to  Mr.  Preston,  Secre- 
tary of  the  Xary. 

United  States  Ship  xVlbaxy, 

At  anchor  off  the  east  end  of  Horn  Island,  Anyust  -*-S,  1S40. 

Sir  :  I  have  the  honor  to  inform  you  that  the  Albany,  under  my  com- 

liiiaiid,  is  at  present  anchored  as  above.     Our  present  anchorage  is  about 

jtou  miles  from  Round  Island,  and  is  the  nearest  point  to  the  scene  of 

jour  operations  (Round  Islaiul)  which  a  vessel  of  our  draught  can  reach. 

I  have  stationed    steamer  Water  Witch,   Lieutenant  Commandant 

fotten,  close  to  Round  Island,  and  shall  employ  the  boats  of  the  Albany 


'.A 


mr 


702 


THKATY    OF    WASHINGTON PAPERS    Af'C'G.MPANYING 


1  ■•> 


]Hi 


to  iissist  in  <?tianlinjj  tlio  spot  in'fjlit  and  rtny,  so  as  to  jireviMit  arms  and 
other  munitions  of  war  from  Immjij;  landed  on  the  island,  and  iiivewise  t(t 
prevent  tiie  adventurers  from  being;  taken  from  the  island  in  seaj^oini;' 
vessels. 

A<;reeal)Iy  to  yonr  instrnctions  to  Commodore  Parker,  I  have  ('oin- 
mmiicated  and  have  consulted  with  tiie  district  attorney  and  with  tlic 
collector  of  the  customs  ;;  New  Orleans,  and  from  evei'y  information 
received  have  satisHeil  myself  that  tlie  persons  congregated  at  Konml 
Island  are  meditatiiifr  J»  hostile  e\'i>edition  ai^ainst  either  Cuba  or  tiic 
Sierra  Madre  States  of  Mexico. 

I  believe  they  are  not  particidar  where  they  go,  provided  they  arc 
well  paid  for  their  services.  Indeed,  up  to  tiiis  time  the  i)rivates  arc 
known  to  be  in  total  ignorance  of  the  point  at  which  they  an-  to 
[087]  disembark  ♦;ifter  leaving  our  waters.  We  have  conversed  with 
many  on  the  subject,  and  have  now  three  of  the  privates  on  board 
of  the  Water  Witch,  on  a  visit,  and  they  all  unite  in  declaring-  their 
ignorance  of  the  point.  I  much  cpiestion  whether  the  otlicers  thciii 
selves  are  positively  c«'rtain  where  they  are  going.  They  are  umiucs 
ti(,nably  a  band  of  reckless  adventurers.  Four-lifths  of  the  privates,  1 
am  hap[>y  to  state,  are  forei^jcners — Irish  and  Dutch,  chierty. 

Alter  a  careful  examination  of  the  lu'oclamation  of  the  President,  am) 
of  y(MU'  instructi»)ns  to  Cotnmodore  Parker,  togethei  with  information 
derived  from  the  most  reliable  sources,  I  have  determined  ui)on  adopting 
a  vigorous  course  with  these  ])eo]de. 

Tlie  leaders  are  not  men  of  higli  respectability;  four-tifths  of  the  rank 
and  lilt'  are  foreigners:  their  operations  are  cond-icted  witii  a  degree  oi 
mystery  which  precludes  honesty  of  puri)ose ;  and  every  circumstance 
goes  to  i)rove  that  they  are  a  band  of  reckless  military  adventurers.  1 
have,  the'-etore.  sent  them  a  written  summons  to  dis|>erse  inuiu'diately. 
a  copy  of  whii'h  sumnnuis  I  have  herewith  forwarded  to  the  Departinciit. 
and  trust  it  will  tje  apiu'oved  by  the  honorable  Secretary  of  the  Navy. 

1  stand  in  great  need  of  two  or  nu)re  small  steamers,  to  assist  in  block- 
ading" and  breakinjj   up  the  establishment  on  Round  Island.     L  have 
writt«Mi  to  retpjest  t'aptain  .1.  T.  Xewton  to  send  me  the  (rencia! 
[08SJ    Taylor,  *and,  if  possible,  the  Walker  too,  but  neither  has  arrived 
as  yet. 

I  am  ahnost  induced  to  send  to  New  Orleans  for  the  purpose  of  hiring 
a  steamboat  to  be  emplt»y«Ml  i>n  this  service,  but  shall  wait  a  day  or  twn 
longer,  with  the  hoi>ethata  re  entbrcemeut  will  be  sent  from  Peusacola. 
I  am,  sir,  respectfullv,  &c., 

V.  M.  KANDOLPII, 

Voinmaiiihr. 

Hon.  AVm.  Uai.lakd  P!;i:ston, 

^Sccrvt'i  11/  of  the  y<(rif,  Wltshliifiton,  />.  C. 


m' 


[IIlcl(^^lnr^'.] 

ComtriDuh'f  li'ditlft^ph.   Unitcl  Slnlrx  Xtiri/,  to  the  pemons  owampcd  "/i 

linutnl  Jnhind,  neur  J'dficutfOKla. 

Friends  and  FEi.Low-corNTKVMHN:  The  proclamations  of  the  Trcs 
ident  of  the  I'nited  Stat»"s.  and  othei-  instructions  which  I  have  reccivcil 
from  the  (lovernment  at  Washington,  make  it  im[)erative  and  projici 
tliat  1  should  iuunediately  take  measures  to  break  up  your  unlawtiil 


[PANYINO 

])rev(*nt  arms  and 
i\,  iiiul  likewise  \n 
ilaiul  in  se;i-;ii»iim- 

fker,  I  have  com- 
uey  and  with  tlie 
ivery  iiitbrmatinn 
•ejiaUMl  at  Koiiiid 
thor  Cuba  or  tiic 

)n>vi(le(l  they  ari' 
I  the  privates  aro 
which  they  are  to 
:e  converseil  with 
'privates oil  boanl 
ill  (leehirinji  tlieir 
tiie  otlicers  them- 
They  are  nuiiucs 
,  of  the  privates,  1 
;;hiorty. 

the  Presiih'nt.  and 

with  informatid!! 

iie«l  upon  a(h>priii,i; 

ir-iifthsofthe  rank 
mI  witii  a  (leyrec  oi 
['Very  cin'miistaiici' 
iry  adventurers.  1 
ip;»rse  intniediately. 
p)  the  Department. 
tary  of  tiie  Navy. 
to  assi.st  in  block- 
Island.  I  liavi- 
I  me  the  (renenil 
leither  has  arrivnl 

purpose  of  hiriiiu' 
wait  a  day  or  twd 
it  from  Pensaeola. 

VNDOLIMI, 

Coin  ma  mh): 


COrXTKK    CASE    OF    THE    I'MTEIJ    .<TATE.<. 


70: 


rsons  encamped  on 


ations  of  the  I'l'''* 
ch  I  have  receivcil 


assemblage,  and  .send  you  back  to  your  liomes:  ami  when  I  liave  said  a 
t'l'W  words  to  you  !n  proof  of  your  assiMiiidaire  bein;;  unlawful,  and  of 
the  utter  impossibility  of  your  evaditi:;  the  vi;;ila:iL'i'  of  our  s(ju,idrou 
iin>l  jivttinjr  out  of  our  waters  to  i>roe -ed  upon  your  coiitemplatetl  wild 
I'Xpi  (lition  to  make  war  against  uation^  at  peace  with  our  own,  1  feel 
sure  you  will   at   once  disperse,  and  .seek  lionest  and  peaceful  occu- 

pation.s. 
[DSD]  *  First.  Tiie  very  mystery  which  marks  the  inoveiuent-  and  actions 
of  your  olUcers,  and  the  l)lintl  ignoran-'eof  the  men  as  to  the  des- 
tination of  the  enterprise,  clearly  show  that  the  obje.-ts  and  purposes  of 
those  at  the  head  of  your  atlairs  are  known  to  be  unlawful,  and  that 
plmuler  is  the  inducement  liehl  out  to  all  who  e:ubark  in  this  reckles.s 
t-xpiMlition. 

Second.  We  have  pro;)f  that  some  of  you  liave  a  -kuowledged  that 
ymir  destination  was  ('aba,  and  that  o:h  -rs  of  your  number  hav.'  said 
that  the  e.Ki)editiou  was  litting  out  for  tii;-  invasion  of  the  .Sierre  M.idre 
States  of  Mexico,  showing  conclusively  that  your  enterprise  is  one  of  a 
military  character. 

And  lastly.  Von  are  vagrants  in  the  «\vf*.s  of  the  law  and  in  fact,  and 
thorefore  cannot  be  allowed  to  occupy  your  [•resent  position,  and  must 
iiiinie<liately  dis[)er.se. 

I  will  now  prove  to  you  that  we  have  the  means  of  not  only  jireventing 
yoar  embarkation  to  foreign  parts,  but  that  vecaii  force  you  to  abandon 
yitur  present  head(piarters. 

1  shall  employ  all  the  vessr's  now  in  this  vicinity,  or  which  may  here- 
utter  arrive,  in  such  manner  a.s  will  most  etleetually  bring  about  the  ends 
ili'sired : 

First.  I  shall  certainly  prevent    the  steamers    Fanny,   ^Faria 
•lOOJ    l>urt,  or   any  other  steamer  or  steamers,  *vessel  or  vessels,  of 
whatever  description,  tri»m  furuishing  the  adventurers  on  Round 
Island  with  arms  or  other  munitions  of  war. 

Second.  If  said  steamers  r.i-  vi-ssels  have  anas  or  other  munitions  of 
war  on  board,  I  shall  take  possession  of  said  ar'fis,  «S:e,,  and  detain  said 
steamers  or  vessels  unril  the  men  congregated  on  lit>und  Island  are 
ilispersed. 

Tliird.  [  .shall  prevent  the  band  of  men  «»n  Kound  Island  from  em- 
harking  on  l»oard  of  said  steamers  or  ve>.sels.  or  from  having  any  com- 
munication with  them  at  all. 

I'ourtii.  1  will  make  .sai<l  steamers  or  ve.ssel.s  an<-hor  within  range  of 
'MU'  guns. 

Fifth.  After  today,  (L'Sth  August.)  in  aceonlanc!'  with  a  imtice  befoic 
-iviMi  them,  i  shall  cut  oil  all  supplies  of  provisions  v.  Inch  may  l)e  iii- 
I'luled  for  the  persons  on  liimnd  Island,  and  <iiall  ri^^iilly  enforce  this 
''  "'kadi'  or  embargo  until  they  altandon  the  s|»oi  and  go  home. 

Sixth.  I  shall  gladly  give  the  persons  on  IJound  Islauil  e\«'ry  facility 
t'ljret  away,  taking  iiarticular  ••an-,  however,  that  they  do  not  embarlv 
III  miiioiny  ves.sels. 

V.  M.  liANlM>I.IMI, 
ComnmioUiuj  L'nittd  StftUx  .Shift  AUmuij.  itiid 

Htnivv  Hj[lic'r  tijlfMiit  in  the  UidJ'  of  Mexico. 


Tnited  State.s  Siiir  Alhanv, 

Off  rtt.sv(((jot{l(i,  Au(jUfit  l*s,  l.sit). 


rc! 


I'rative  and  pro| 


(IT 


"1 


)  your  unlaw  nil 


704 


IREATV    OF    WASHINGTON — I'ArKKS    ACCOMrANYINfl 


[dOI]    *Coininnn<Uint  XewUm,  UitUrd  States  Xdcy,  to  ^[r.  Preston,  ScctrUmj 

0/  the  Xtiri/. 

Commandant's  OFFffiK, 
N<ir]/Y((nl,  I'eiisdeola,  Axf/ust 'M,  IS  I!). 

SiK  :  llavinj;  sent  all  tlio  aviiiliihh'  foico  at  my  coiiiniaiMl  to  cany  int 
tli<*  iiistriK'tioiis  received  tVoin  tlie  \  ivy  Department  uiider  date  of  tlic 
Mrli  instant,  addressed  to  Commodore  I'arker  of  the  home  s(|uadron,  l)iit 
in  ids  absence  opencMl  by  me,  ayreea'oly  to  his  ref|uest,  F  have  tlie  lionor 
to  (br\var<l  to  th<^  Dc^partineiit  lierewith,  Ibi-  its  information,  i'opies  ol' ;ill 
the  onlers  issued  by  me  t<)  tlie  eommandinj;'  ollieers  of  tlie  several  vessels 
which  r  have  dispatclied  from  this  station,  on  tlie  service  to  which  tlic 
instructions  to  Commodore  Parker  ndated. 

1  have  the  honor  <o  be,  verv  respectfullv,  vour  obedient  servant, 

JOHN  THOMAS  NKWTOX, 

Hon.  Wm.  IJallaud  Phkstox, 

Sicretary  0/  the  yurji,  Witshiiiyton. 


COPIES  OF  Al.b  OlxM)EWKAN'I)  INSTIJfCTIONS  CIVEN  TO  THE  COMMAXDINi; 
(HFICEL'S  OF  THE  SEVi:iiAr>  VICSSELS  DISI'ArC'HED  To  THE  VK'IMTV(»I' 
KOINO  ISLAM).  \c. 

|«»!)L*j    *Coinm((nil((nt  Xeicton,   fruited  Sftftes  Xari/,  to  Comiininiler  limi- 

tlolpli,  i'niteil  States  Xari/. 

C«  (MM  AND  ant's   OFFICE, 
Xari/'Yant,  I'eiisaeola,  Aiif/iist  17,  ISI!). 

Sirj :  You  will  prepare  the  Cnited  States  sloop-of  war  Albany,  mnhr 
your  command,  for  sea,  with  all  p(»ssilvle  dispatch. 

1  am,  verv  respectfullv,  your  obedient  servant, 

dOIIN  THOMAS  Ni:\VT()X. 

Conniianilitiit, 
Commodore  V.  31.  ItANDoLrii, 

Commamllng  United  States  Ship  Athanjf, 

0(f'  Xari/Vard.  J'ensaeola. 


t'o,nin(t)i(h(iit  Xcii'ton,  United  Stales  \ari/,  to  Commander  Randolph,  Unitn 

States  Xavy. 

( 'oM.uAND ant's  Office, 
Xary  Yard,  Vensaenla,  Auijust  l.S,  ISW. 
Sir:  Yon  will  i)rocopd  with  the  1,'nited  States  sloop-of-war  AlhiUiy. 
under  y.mr  command,  and  carry  out.  as  lar  as  |)ractic;il)le,  the  instrm- 
tions  of  the  honoralile  Si'i-n'tiiy  of  tli"  Navy,  addressed  to  Coinmoilon' 
Fo.Kliall  A.  Parker,  coiiiaiamliii'^"  the  home  sipiadi'on,  a  copy  of  wliiili 
instructions  is  contained  in  tli'*  a'-companyin;;'  parcel,  and  which  vhi 
are  hereby  expressly  enjoined  11, »t  t  (ojilmi  until  alter  you  have  dischiiriiiil 
the  pilot.  I 

[(»!>:>]        The  schooner  Flirt  is  daily  expected  here,  and  [  will  *sen»l  iur 
to  join  you  to  assist  in  oirryiiiif  out  the  views  and  wi.shes  of  tlie  I 
Department. 


.NYINT, 


uitl  to  ciiny  •lit 
iidcr  tliitc  «)!'  tli(^ 
10  sfHiadronjMit 
have  the  honor 
ion,  copiosof  nil 
i(>  st'VCM.il  vessels 
,UH'  to  wUu'li  the 

iM'dient  servant, 

sKWTON, 

CommidKlani. 


rOT^NTER   CARE    OF   THE    T^NITEll    STATES. 


705 


Tlir,  COMM.VNl)INti 
,  THEVlClMTVor 


,  CUminandn'  />'"«• 


[luiiist  17. 1'^l'^- 
av  Albany,  uiHlfi' 


>}i:\vT()y. 


Yon  will  not  fail  to  cotinmuiionte  to  the  DopartintMit,  diroct,  any  in- 
formation you  may  obtain  lolativc  to  tlu'  important  obj('<^t  for  which  ycui 
lire  sent,  and  at  tin*  same  tinn^  forward  1  o  me  duplic^atcs  of  your  roport,  &r. 
I  must  refer  you  to  the  honorable  Seen^tary  of  the  Navy's  instruction 
for  your  further  {government. 

When  in  want  of  stores  and  provisions,  you  will  return  again  to  this 
port. 

\Vislii!)g  you  a  pleasant  cruise,  I  am,  very  respe(!tfully,  your  obedient 
servant, 

JOHN  THOMAS  NKWTON, 

Connnnndant. 
Coinmnnder  Y.  M.  IiAxdolpit, 

Commandhuj  Cnitcd  Stdtrs  Sloop  Alhtiut/, 

Off  Nary  Yunl,  Vvnsacola. 


Omimaiidant  Xcwton,   ITnifrd   Sfalen   A'^n'//,    to    JAtutenantCommander 

Tot  ten,  i'uikd  States  Mtd-y. 

^  ('OMMAND ant's   OFFICE, 

Nary  Yard,  Fensacola,  AuijUHt  1!),  184!>. 

Sin:  It  is  of  the  utmost   government  importan(re  that  tin;  steamer 
iiiler  your  command  should  be  itreparcd  for  active  servi<;e  with  as  little 
I  ili'liiy  as  possibh'.     You  will  be  pleased,  therefoi-e,  to  have  ready,  and, 
if  iM)ssibh',  to  <jo  to  sea  some  time  during  the  day  to-morrow. 
im]  *1  am,  v«'rv  resi>ectfullv,  &(•„ 

JOHN  THOMAS  NEWTON, 

Commandant. 

Iiicntenant-(Jommandant  (Ikokce  M.  Tottkn, 

i'ommandiny  Steamer  Water  Witch,  ({(f  Navy  Yard,  Pensacola 


0 


<4? 


r 


U(. 


a'  Raivhlph,  Unit' 


^"^•  Office, 

.AlKIHst  l.S.  l.SU). 
oop-of-war  Albiiiiy. 
ti,.;»ble,  the  instvur. 
^sed  to<'<>nuuo>l"i'' 
n,a  copy  of  Nvl.u> 

lou  have  disi!hi»r;i'''M 

[ml  I  NViU  *seii.l  liH 
and  wishes  ot  tlio] 


\'>'ii»naHdant  Nea-lon,    United    States    Nary,   to  Lieutenant-Commander 

Totten,  United  States  Navy. 

[Sealed  orders.] 

AuCtUST  20,  1849. 

^\ii:  You  will  proceed  direct  with  the  fTnited  States  steamer  Water 

|^)iteli,  under  your  command,  to  Cat  Islaml,  and  there  join  the  United 

I*tiit08  ship  Albany,  Commodore  Y.  ^I.  Kainlolph,  and  assist  bim  in 

furying  out  the  instructions  of  the  honorable  Secretary  of  the  Navy, 

i>'i»liy  of  which  accompanies  this. 

Sliotild  you  not  fall  in  with  the  Albany  at  Cat  Island,  or  its  vicini'  7, 
|im  will  procee«l  to  lialize,  in  further  pursuance  of  the  orders. 

Wishing  y(ui  a  pleasant  cruise,  I  am,  very  respectfully,  &c., 

JOHN  THOMAS  NEWTON, 

Commandant. 

Lioiiteiiant-Comuiander  Geo.  M.  Totten, 

United  Statcit  Steamer  Water  Witek. 

4.5  a 


mil 


M 

mm 

M 

&■ 

.  - ,  ■■- 

m 


706 


TREATY    OF    WA.SIIIXGTOX PAPERS    ACCOMPANYIXO 


[G!).jJ    *C()mmandt(nt  Nt-irton,  Uniifil  States  Xorif,  to  lAcutenant-Command- 

ant  Totten,  i'nitcl  IStatcy  yarif. 

Commandant's  Office, 
Kary-Yard,  Pensaada,  A'.tymt  1*0,  1840. 

Sir  :  You  will  proceed  to  sea  at  once  with  the  steamer  Water  Witcli 
under  your  command  ;  and  yon  ar«*  hereby  strictly  enjoined  not  to  opt'ii 
the  Hccom|)anyinjjj  senlcd  pitnri  until  after  your  vessel  crosses  the  bar 
and  the  pilot  leaves  you. 

I  am,  very  res[)ectiullv,  &c., 

JOHN  TIIO.MAS  NEWTON, 

Commando  nt. 
Lieutenant-Commandant  Geo,  M.  Totten, 

Commanding  United  States  Steamer  Water  Witch. 


■I 


Commandant  Newton,  United  States  Nary,  to  Lieutenant-Commander  F<ir 

rand,  United  States  Navi/. 

August  23,  1S1!». 
Sir:  You  will  be  jdeased  to  prepare  the  United  States  schooner  Kliit, 
under  your  command,  for  sea  with  all  possible  disi)atch.     ^It  is  hi^ilily 
important  that  all  possible  disi>atch  and  dilij;ence  be  used  in  getting  la-i 
ready. 

I  am,  respectfully,  vour  obedient  servant, 

JOUN  THOMAS  NEWTON, 

Communt^Ant. 
Lieutenant-Commandant  Eisen  Faruand, 

Commandiny  United  States  Schooner  Flirt,  off  Xary- Yard. 


[GOG]    *Commandant  Xeirfon,  J'nitcd  States  y((ry,  to  Lieutenant-Commaml 

er  Farr{ind,  United  States  Nary. 

r Sealed  orders.] 

August  27, 1840. 

Sir:  You  will  please  proceed  with  the  United  States  s(rhoon<'r  Fiiit  | 
under  your  command,  with  the  least  ])ossible  delay,  and  leport  to  Com 
nnuuler  V.  iM.  liandolph,  of  the  Albany,  whom  you  will  find  at  Ciitj 
Island,  or  in  its  vi<;inity.     Should  the  Albany,  however,  have  left  tlitiv. 
and  after  having  fulfilled  the  instructions  as  regards  that  particidar  s|)(it,| 
you  will  proceed  to  the  mouths  of  the  Mississippi,  aii<i   be  further  piv 
erned  by  the  confidential  orders  (-i  copy  of  which  is  herewith  inclostd 
from  the  honorable  Secretary  of  the  Navy,  addressed  to  Coiuiiiodoivj 
Parker. 

It  ia  very  desiralde  that  you  fall  in,  if  possible,  with  the  Albany  hihII 
Water  Witch,  that  the  force  may  be  more  formidable,  and  to  act  in  con  j 
cert. 

After  liaving  jierformed  the  service  assigneu  you,  or  when  short  otj 
provisions,  you  will  return  again  to  this  port. 

Wishing  you  a  i)Ieasant  cruise,  &c.,  I  am,  very  respect full.v,  ^c-i 

JOUN  THOMAS  NEWTON, 

Comma  ndani. 

Lieutenant-Commaiuler  Ebex  Farrand, 

Commanding  United  States  Schooner  Flirt. 


^VNYING 

itenant-Commitnd- 

s  Office, 

lev  \Vivt«n-  Witcli, 
miumI  not  to  optMi 
el  crosses  the  bur 


^-E^vTON, 

■tch. 


COUNTER  CASE  OF  THE  UNITED  STATES.         707 

[697]    *  Commamlnnt  Newton,    United  States  Karif,  to  lAeutenantCom- 
mandant  Farrand,  United  IStateti  Navy. 

[Ilandetl  with  sealetl  orders.] 

August  28, 1840. 

Sir:  Procoe'l  to  sea  at  once  with  the  United  States  schooner  Flirt, 
iiiMlcry()nrconinKin(l,an<l  be  {jfoverned  b^'  the  accompanying  «t'«/(v/ (>*•//</•/<, 
which  yon  are  expressly  enjoined  not  Reopen  until  alter  you  have  crossed 
the  bar  and  disdiarged  the  pilot. 
I  am,  very  respectfully,  &c., 

JOHN  THOMAS  NEWTON, 

Commandant. 
Lieutenant-Commandant  Eben  Farrand. 


:r»'nrA 


nt- Commander  Far- 

AUGUST  23,  1S41). 
;ites  schooner  Kliit, 
vtch.     .It  is  hi-lily 
>  used  in  gcttuiy  her 


^  NEWTON, 

Comman(\int. 

'  Xavy-Yard. 


AeutenantCommoM 


At 'GUST  27, 184ft. 
[ates  schooner  Flii't- 
I,  and  report  to  Com- 
l'„u  will  tii'<^  i>t  t;it 
>ver,  have  left  tlu'i'-. 
J  that  particular  spot. 

Lid  be  further  j:«>\ 

s  herewith  indosnl 

Lssed  to  Comii»o(li>iv 


Commanddnt  Newton,  United  Statett  Nary,  to  Commodore  Parlcr,  United 

States  Navy. 

August  27, 1840. 
Sill:  ^  herewith  inclose  for  your  information  a  copy  of  a  letter  of  the 
.1(1  instant,  from  Commander  V.  M.  Kandolph,  of  sloop  Albauy,  and  a 
ni|iy  of  my  reply  to  same,  dated  20th  instant. 

1  also  inclose  a  copy  of  Counnander  Kandolj  u's  report  to  the  honora- 
lilethe  Secretary  of  the  Navy,  dated  ofl"  Ship  Island,  the  25th  instant. 
The  Flirt  is  on  the  point  of  sailing,  and  I  have  furnished  Lieutenant- 
I  oiiiniandant  Farraad  with  se  ded  orders,  as  in  the  ca.se  of  the  Albany 
and  Water  Witch,  and  in  i)ursuance  thereof  he  will  join  tho.se  vessels, 
and  co-operate  with  their  commanders. 
I  am,  very  resi)ectfully,  «S:c., 

JOIJN  THOMAS  NEWTON, 

Commandant. 
Commodore  Foxiiall  A.  Parker, 

Commanding  Home  Squadron,  Newport,  Rhode  Island. 


'lOS]   ^Commandant  Newton,   United  States  Nary,  to  Commander  Ran- 
dolph, United  States  Navy. 


August  28, 1849. 
Sir:  I  send  the  United  States  steamer  General  Taylor,  under  the  com- 
maiid  of  Mr.  John  Pearson,  master,  who  will  report  to  you.     He  is  well 
i|iiaiiited  with  all  the  islands  ami  shoals  in  the  vicinity  of  your  opera- 
I'lis,  and  will  be  very  serviceable  to  you  in  pdoting  through  the  intri- 
titf  passages,  as  well  as  in  other  respects. 
,  l_^  Tlic  (icneral  Taylor  had  a  six-pounder  field-piece  mounted,  with  the 
on,  or  when  shoit  o  ^,f,p^,j.  ji,„,„„„itio,^  ^vt^.,  and  small-arms  for  the  crew. 

ho  not  neglect  to  send  her  back  at  the  expiration  of  one  week. 
I  am,  very  resi)ectfully,  &c., 

JOHN  THOMAS  NEWTON, 

''  immandant. 
Commander  V.  M.  Randolph, 

Commanding  United  States  Sloop  Albany. 


ith  the  Albany  aiiil 

lie,  and  to  act  m  e>'i>  [ 


.^spectfuUy,  &('., 
lS  NKWTON, 

Commondant. 


w  '•• 


708 


TREATY    OF    WASHIXGTOX PAPERS    ACCOMPANYING 


:    } 


Commandant  Netcton.  United  States  Nary,  to  Master  Pearson,  United  Staten 

Na  cy. 

[SeaU'tl  orders.] 

August  28, 1849. 
Sir:  Yon  will  proceed  without  delay  to  tlie  soutbeast  end  of  Jlom 
Island  with  the  United  States  .steamer  General  Taylor,  nnder  yoin-  ((tin. 
niand,  where  you  will  find  the  sloop  ot"  war  Albany,  Comniaiidcr 
[OJJO]    V.  M.  *]iandolpli,  t<»  whom  yon  will  report. 

I  have  recjnested  him  to  send  yon  back  with  the  General  Taylor, 
at  the  ex})iration  of  one  week  from  the  date  on  which  you  report,  and 
sooner  if  your  services  can  be  dispensed  with. 

You  will  take  every  precantitni  to  prevent  accident  hy  fire,  or  other- 
wise, and  be  strictly  governed  h\  ^he  rules  and  regulations  which  arc 
hung  up  on  board. 

I  um,  respectfully,  &c., 

JOHN  TIIO^IAS  NEWTOX, 

Comma  nda  lit, 
Mr.  John  Pearson, 

Master  United  States  Xary,  Commanding  Steamer  General  Taylor. 


Commandant Neirton,  United  Statrs Nary. to  SaiUnf/master Pearson, Uniid 

States  Nary. 

August  28, 1840. 
Sir:  You  will  proceed  to  sea  with  the  United  States  steamer  Geiu  nil 
Taylor,  under  your  command,  ami  govern  your  nutvements  by  tlie  in 
structions  which  you  will  liiid  in  the  a(;companyiiig  parcel,  wliicli  von 
are  strictly  enjoined  not  to  oi>en  until  you  have  crossed  the  bar  ami 
(lischarge<l  the  i)ilot. 

1  am,  very  respectfully,  vour  obedient  servant. 

JOUN  TnOMAS  XEWTOX, 

Commandant 
Mr.  John  Pearson, 

Sailiny-master  United  States  Nary, 

Commandiny  United  States  Steamer  General  Taylor. 


[700]  *  Commandant  Ncicton,  United  ^States  Nary,  to  Commander  liandolph, , 

United  States  Nacy. 

Commandant's  Office, 
Nary-Yard,  Pensaeola,  September  (),\M^^. 

Sir:  Your  letter  of  the  4th  instant,  inclo.sing  a  copy  of  your  letter  toj 
liieutenant-Coaimandant  E.  Farraml,  of  the  Flirt,  and  his  letter  toyoiij 
in  I'eply,  has  been  received.     I  was  glad  to  be  infornu^l  of  your  di'tii 
mination  to  raise  the  blockade  of  Koinid  Island.     Indeed,  I  am  of  opin 
ion  that  you  ought  not  to  have  so  proclaimed  it  without  special  ordcral 
from  the  Government  at  AVa.shingHm. 

I  am  glad  to  hear  that  there  Is  a  prospect  of  the  band  of  adventnrorsj 
lispersing,  and  that  their  contemplated  enterprise  will  be  broken  up. 

T  am  not  definitely  informed  as  to  the  destination  of  the  steanuMj] 
Alleghany  and  Vixen.    I  saw  it  stated  iu  the  uewpapers,  several  Aipi 


NYING 

n,  Vnited  StateH 


UST  28, 184<». 
,t  oiul  of  llovu 
iinler  your  cotn- 
ny,  Coninuunl»'i 

General  Tnylov, 
you  report,  and 

,)y  fire,  or  otlior- 
tions  which  are 


JFAVTOX, 

Comnwndunt. 

■  General  Taylor. 


ter  Pear)ion,Vmtd 

VGVST  28,  1840. 

's  steamer  Geiicnil 

oments  by  the  in 

parcel,  whidi  von 

ossed  the  bar  ami 


COl'NTER   CASE    JF    THE    IGNITED    STATES. 


700 


since,  that  the  former  had  left  Norfolk  under  sealed  orders;  the  latter 
vessel,  I  believe,  is  still  in  thist  port,  prepaiiny;  for  sea. 

1  wrote  you  by  the  mail  of  tne  .'Ust  iiltiiuo,  and  aj;ain  on  the  .'Jd  instant 
by  the  ('reole,  both  of  which  letters  I  hope  you  have  rei'i*ived. 

I  have  forwarded  copies  of  your  hotter  of  the  4th,  and  its  indosures, 
and  a  copy  <»f  this  letter,  to  Jie  Navy  Department. 
1  am,  sir,  respectfully,  your  ol)e(lient  servant, 

JOHN  THOMAS  NEWTON, 

Cummandant. 
Commander  Victor  M.  Randolph, 

Commanding  United  iStates  ISloop  Albany,  op'  Horn  Island. 


[701]  *  Mr.  PrcHton,  Secretary  of  the  X((iuf,  to  Commander  Randoliih,  United 

iStatea  Xary. 

Navy  DepaRTMEN-C,  September  2f),  1840. 
Sir:  The  ofilicial  reports  of  your  proceedinj^s  and  movements  with  a 
liDition  of  the  home  siiuadron  uuder  your  command,  in  the  m  iylibor- 
IioikI  of  Hound  Islantl,  <lated  2.1th  and  2.Sth  of  Aujijust,  and  1st  and  ")th 
m  September,  1(S4!),  aud  the  inclosures  relating;  thereto,  havc^  been 
rew'ived. 

The  prompt,  the  decisive,  and  the  satisfactory  manner  in  whicdi  you 
liave  ext'(!Uted  the  confidential  instructions  of  tlu^  0th  ultimo,  achlressed 
to  Commodore  Foxhall  A.  Parker,  is  fully  approved  by  the  Department. 
V^ery  res[)ectfully,  yours,  &c., 

\VM.  BALLAKD  PRESTON. 
Commander  Victor  M.  Randolph, 

Commanding  U.  S.  Ship  Albany,  off  Pascagoula,  MiMi.s.si2>pi. 


NEWTON, 

Commandant. 


ml  Taylor. 


iimander  Jtandohih, 


it's  Office, 
[eptember  (),  l'"^^''- 
1>V  of  your  letter  to  I 

Vl  his  letter  to  you 
Led  of  yomiMH 
deed,  I  am  ot  oijmj 
Ihout  special  orm 

Lul  of  adventurers 
till  be  broken  «P-  I 
L  of  the  steanur 
tpers,  several  clap 


Mr.  Meredith,  Secretary  of  the  Treanury^  to  Mr.  Vetern,  collector. 

[strictly  coufitleiitial.] 

Treasury  Department,  August  10,  1.^40. 

Sir:  Information  has  been  received  that  a  military  expedition  is  in 
l»reparation  within  the  territory  of  the  United  Stat«'s  to  be  carried 
[!••-]  on  troui  thence  aj»aiust  the  territory  of  ^Mexico  or  *''uba,  proba- 
bly the  latter.  It  is  believed  to  be  desij-iu'd  that  part  of  the 
tiiice  to  be  employed  in  this  expedition  shall  proc(HMl  by  sea  from  a 
lioint  within  or  near  your  district.  1  send  yon  herewith  copies  of  a 
iiDte  which  I  have  received  from   the  Seretary  of  the   Interior,  ami  of 

,  "'iitidential  orders  issued  by  the  Secuetary  of  the  Navy  to  Commodore 
i'iuker.    These  i)apers  contain  the  information  now  in  possession  of  the 

|''<»verunient  so  far  as  relates  to  prepaiations  in  your  vicinity.  You  are 
rwinc'sted  to  communicate  with  the  attorney  of   the  Hinted   States, 

I  i«inl  aid,  so  far  as  may  be  in  your  power,  in  detectinjf  and  suppressinf;  this 
iitteinitt  to  violate  the  laws  of  the  United  States,  and  if  any  case  should 
WKe  ill  which  your  official  interventionmay  be  required  under  the  act 

l"t  20th  April,'l818,  entitled  "An  act  in'  addition  to  the  act  for  the 

jl'iniisliinent  of  certain  crimes  against  the  United  States,  and  to  repeal 


710 


TREATY    OF   WASHINGTON PAPERS   AfCOMPANYINO 


the  acta  therein  mentioned,"  you  will  of  course  act  promptly  in  pursu- 
ance of  the  provisions  of  that  statute. 

I  am,  very  resiiectfullv,  your  obe<lient  servant, 

\VM.  M.  .AIKKEDI'IU, 

Hncrctnry  of  the  TreuHunj. 
S.  ,r.  Peters,  Esq., 

Collector  of  the  CuHtoiuM,  New  Orleantf,  Louisiana. 


h    i''     ' 


iU 


[703J        *Mr.  Meredith,  Secretary  of  the  Treaxnry,  to  collectors. 

Treasury  Dei'ARtment,  May  28,  isriO. 
Sir:  It  is  ap^<rehen<le<l  that  expeditions  desif'ucd  for  the  invasion  of 
the  island  of  Cuba  are  prei)arin|j;  witliin  tiie  territories  of  tiie  United 
States,  in  violation  of  the  juovisions  of  the  act  of  liOtii  April,  Isis 
entitled  ''An  act  in  addition  to  the  act  for  the  punislnnent  of  certain 
crimes  against  the  United  States,  and  to  repeal  the  acts  therein  intn 
tioned,"  and  that  a  part  of  the  force  to  be  so  employed  may  procw 
by  sea  from  the  waters  embra<'ed  within  your  <listrict. 

Your  particular  attention  iscalled  to  the  i>rovisionsof  thea(!t  refenvi 
to,  and  you  are  requested  to  (;oinmunicate  with  the  attorney  of  tin 
United  States,  and  aid  so  t*ar  as  may  be  in  your  power  in  detecting'  am 
suppressing;  all  attempts  to  violate  the  laws  of  the  United  States;  am 
if  any  case  should  arise  in  which  your  oHicial  intervention  may  hv 
required  under  the  provisions  of  the  act  of  L'Oth  April,  ISLS,  you  will  ut 
course  iwt  pnunptly  in  pursuance  of  the  inovisions  of  the  statute. 
Very  respectfully,  your  obedient  s«Mvaiit, 

\VM.  M.  MERIiiniTir, 

Secretary  of  the  Treasury, 

Collectors,  Boston,  Neic  York,  Baltimore,  Philadelphia, 

Charleston,  iSaninnah,  Mobile,  Key  West,  New  Orleans. 


Ik  .  , 


». 


[704J 


*By  the  President  of  the  United  States. 
A  PROCLA3IATION. 


.    »K.        *     * 


There  is  reason  to  believe  that  an  armed  expedition  is  about  tolj 
fitted  out  in  the  United  States,  with  an  intention  to  invade  the  island  nf 
Cuba  or  some  of  the  provinces  of  Mexico.    The  best  intbrmation  whirl 
the  Executive  has  been  able  to  obtain,  points  to  the  island  of  Ciil)a;i' 
the  object  of  this  expedition.     It  is  the  duty  of  this  (iovernuieiit  tj 
observe  the  faith  of  treaties,  and  to  prevent  any  ajfgression  by  ourcilij 
/ens  upon  the  territories  of  friendly  nations.     1  have  therefore  tliongli 
it  necessary  and  proper  to  issue  this  proclamation,  to  warn  all  citiziiij 
of  the  United  States  who  shall  ciuinect  themselves  with  an  enter|)ii>f 
so  s'lossly  in  violation  of  our  laws  and  our  treaty  obligations,  thuttlit] 
will   thereby   subject   themselves  to   the   heavy  penalties  deiioiiiKti 
against  them  by  our  acts  of  Congress,  and  will  forfeit  their  claim  totb 
juotection  of  their  country.     No  such  persons  must  expect  the  iiitci'fri 
ence  of  this  (Tovernment,  in  any  form,  on  their  behalf,  no  matter  to  wbj 
extremities  they  may  be  reduced  iu  couBequeuce  of  their  conduct. 


PANYINO 
omptly  in  i)ursu. 

:Ei>nn, 

of  the  Ttxasurij. 
HI  ana. 


}T,  M»y  -^'  "^''^•"'^■ 

for  the  inviisii)!!  of 
n-icsot'  the  Unit^'tl 
f  i>«>th  Ainil,  l^^l;^- 
nisliau'nt  of  wvUm 
le  lU'ts  tlu'irin  iiu-ii- 
tjloyed  uuiy  l>i'^'^^'»^^'l 

[sof  tlio.act  rolVmd 
the  attovnoy  ot  tli.j 
,vtH-  in  tlctoc-tinj:  i>ni 
.  United  States;  ami 
utervention  may  l"' 
,,vil,lHlS,youNVillot 
s  of  tlie  statute. 

^ani  of  the  Treasury. 

ladclphia, 

est,  Neic  Orleans. 


tates. 


Irtition  is  abon    t«l 
loinva«\etheislana"fl 

est  it.formation  ^v  ;''• 
the  island  «t  On 
I-  this  (iovernmei.t 
l.rjiressionbyoi"'*" 
I  u  e  therefore  thongl 
h^'to  warn  all  eim^ 
UwithanenUl 
1  obligations,  that  tie) 

Vemilties  aenoun 
IrtWt  their  clann  0  J 
I  St  expect  the  iute J 
lalf,  no  matter  to  ^vhj 
lot"  their  couuuct. 


COUNTER    CVRE    OF    THE    UNITED    STATES. 


711 


enterprise  to  invade  the  territories  of  a  friendly  nation,  sf-t  on  f«M>t  and 
IHosecnted  witliin  tlie  limits  of  tiie  United  States,  is  in  the  hi;rh«'st 
(U'fjree  criminal,  as  tendinff  to  endanger  the  peace  and  coMipniinit  tlie 
lioiior  of  this  nation  ;  and  therefore  I  exhort  all  j;ood  eitizeiis.  as  they 
rejjard  our  national  reputation,  as  they  res^iect  their  own  laws  and  tin? 
law  of  nations,  as  they  value  the  blessings  of  peaee  and  the  welfare  of 
tlicir  country,  to  tliseountenanc*'  and  prevent,  by  all  lawtnl  means,  any 
such  enter[>rise;  ami  I  call  upon  every  otlieer  of  this  Government,  eivil 
or  military,  to  use  all  efforts  in  his  power  to  arrest,  for  trial  and  puiiish- 
iiiciit,  every  sueh  otteiider  against  the  laws  providing;  for  the  i»erform- 
aiice  of  our  sacred  obligations  to  friendly  powers. 

(liven  under  ujy  hand  th(»  Uth  day  of  August,  A.  D.  1.S49.  and  the 
seventy-fourth  of  the  lndei»endence  of  the  United  States. 

Z.  TAYLOR. 

By  the  President: 
J.  M.  Clayton, 

iSecrctary  of  State. 


TO.")]  *By  the  PresitJenf  of  the  United  States  of  America. 

A  PROCLAMATION. 

Whereas  there  is  reason  to  believe  tluita  military  oxjjedition  is  alxmt 
to  he  fitted  out  in  the  United  States  with  intention  to  invade  the  island 
(if  Ouba,  a  colony  of  Spain,  with  whii'h  this  country  is  at  peace;  and 
wliereas  it  is  believed  that  this  exi)e(lition  is  instigat«'d  ami  s<*t  on  font 
cliictly  by  foreigners,  who  dare  to  make  our  sh-^res  the  scene  of  their 
miilty  and  hostile  preparations  against  a  friendly  power,  ami  sc«'k  l»y 
talseliood  and  misrepresentatu>n  to  seduce  our  own  citizens.  esjH'cially 
the  young  and  inconsiderate,  into  their  wicked  scheint  s — an  nnfrrateliil 
K'tnrn  for  the  benefits  confi'rre<l  upon  them  by  this  pe>>i»!e.  in  pi-rmit- 
tiiig'  them  to  make  our  country  an  asylum  from  oppression — an<l  in  lla- 
t-'iaiit  abuse  of  the  hospitality  thus  extemled  to  them  ; 

And  whereas  such  expeditions  can  only  be  regarded  as  adventures 
for  plunder  and  robbery,  and  must  nuK't  the  condemnation  of  the  civil- 
ized world,  while  they  are  derogatory  to  the  character  of  our  country, 
in  violation  of  the  laws  of  nations,  aiul  expressly  prohibited  by  our  own : 
I'ur  statutes  declare  that  if  any  person  shall,  within  the  temtory  or 
j  juiisdiction  of  the  United  States,  begin  or  set  on  foot,  or  provide  or  pre- 
pare the  means  for,  any  military  expedition  or  enterpris**,  to  be 
[TOO]    carried  on  from  theiu'e  against  tlu^  *territory  or  dominions  f»f  any 
foreign  prince  or  state,  or  of  any  colony,  district,  or  people  witli 
I  whom  the  United  States  sue  at  i»eace,  every  person  so  offending  shall 
lu' deemed  guilty  of  a  high  misdenieanor,  and  shall  be  fined  not  exceed- 
[iiiS  three  thousaml  dollars,  and  imprisoned  not  more  than  three  years  : 
Now,  therefore,  I  have  issued  this  my  proclamation  warninff  all  jwr- 
[soiis  wlio  shall  connect  themselves  with  any  such  enterprise  or  exjM'tli- 
jtion  in  violation  of  our  laws  and  national  obligations,  that  they  will 
Itliereby  subject  themselves  to  the  heavy  penalties  denounced  aj^aiifst 
jsiu'h  offenses,  and  will  forfeit  their  claim  to  the  prote(!tion  of  this  Gov- 
jerninont,  or  any  interference  in  their  behalf,  no  inatter  to  what  extrem- 
litii's  they  nuiy  be  reduced  in  c<msequence  of  their  illegal  conduct.    And, 
rlicretbre,  I  exhort  all  good  ('itizens,  as  they  regard  our  national  reputa- 
jtioii,  as  they  respect  their  own  laws  and  the  laws  of  uatious,  an  tbey 


712 


TKKATY    OF    WASHINGTON rAI'KKS    ACCOMrANYirO 


value  t\n'.  l)h'ssi!i«,'s  of  ]M'acfi  and  tlio  wolfaro  of  tlioir  country,  to  dis. 
(■onnt(Mian('(^  aixl,  by  all  lawful  nu'ans,  ])i<>vcnt  any  such  cntciiiiisc: 
audi  call  upon  cvi'iy  otlicci*  of  this  (iovcrnnicnt,  (;ivil  or  niilitiiiy,  to 
use  all  efforts  in  his  ]>o\v('r  to  arrest  for  trial  antl  [umishuient  every  mkIi 
otlender  afjainst  th«^  laws  of  the  (uumtry. 

(liven  under  my  hand  the  twentyliftli  day  of  April,  in  the  y.iii 
[707J    of  our  Lord  (>n<^  thousand  *ei^ht  hundred  and  tifty-oiu',  aiiil  tiif 
seventylifth  of  the  lndei>endeuce  of  the  Unite«l  States. 

iMlLLAKD  FILLMOJUl. 
IJy  the  President : 

VV.  S.  Dkkiuck, 

Acting  Sevrvtary  of  State. 


•if.;  <■:  I  ■ 


By  the  PrcaUJent  of  the  United  States  of  A tn erica. 

A   rUOCLAMATION. 


C  -;-f 


P"' 


ill  :  • 


AVhereas  information  has  been  received  by  me  that  sundry  persons, 
citizens  of  the  United  States,  ami  others  residents  therein,  aie  pii'iiai 
iiiy,',  within  the  Juris(li(;tioii  of  the  same,  to  enlist  or  enter  themselves,  or 
to  hire  oi-  n'tain  others,  to  participate  in  military  operations  within  tlic 
state  of  Nicara^iua: 

Now,  therefore,  I,  Franklin  Piorce,  President  of  the  United  States. 
do  warn  all  persous  a;»iiinst  connecting'  themselves  with  any  such  eiitci 
]uiseor  undertakiuf;,  as  bein^  contrary  to  their  duty  as  j;:ood  citi/.eiis  mid 
to  the  laws  of  their  country,  and  threatening  to  the  peace  of  the  United 
States. 

I  do  further  admonish  all  persons  who  may  depart  from  the  United 
States,  either  singly  or  in  nuiid)ers,  organized  or  unorjranized,  for  any 
such  purpose,  that  they  will  thereby  cease  to  be  entitled  to  the  protec 

tion  of  this  GovernnuMit. 
|70SJ  *I  exhort  all  j^ood  citizens  to  discountenance  and  prevent  any 
such  disreputable  and  criminal  undertakin<;'  as  afonvsaid,  vh'.\v<>;- 
inj?  all  officers,  civil  and  military,  having  lawful  power  in  the  i)n'niis('s. 
to  exercise  the  same  for  the  purpose  of  maintaining  the  authority  and 
enforcing  the  laws  of  the  United  States. 

In  testimony  whereof  I  have  hereunto  set  my  hand  and  caused  tin- 
seal  of  the  United  States  to  be  atlixed  to  these  presents. 

Done  at  the  city  of  Washington  the  eighth  day  of  December,  one 
thousand  eight  huiidre«l  and  lifty-ftve,  and  of  the  Independence  of  tlu' 
United  States  the  eightieth. 

FRANKLIN  PIEliCK. 

By  the  President : 

W.  L.  Makcv,  Secretary  of  State. 


By  James  Buchanan^  President  of  the  United  States  of  America. 

A  PEOCLAMATION. 

Whereas  information  has  reached  me,  from  sources  which  I  cannot 
disregard,  that  certain  persons,  in  violation  of  the  neutrality  laws  ot 


:lfs.J^|j|g 


COUXTKU    CA.SE    OF    THK    IMTKI*    STATKS. 


7ia 


I 


iiiul  causctl  till' 


the  TTiiitt'd  States,  aro  inakiiiy  a  tliinl  attempt  to  set  on  loot  a  inililiiry 
('xp(Mlitioii  within  tlu'ir  tciiitoiy  ajiaiiist  Nicaiafiua,  a  Ionian 
|7()!)J  *statt*,  with  wliich  tiu'.v  iuie  al  peace.  In  ()r«U'r  to  raise  inuiiey 
for  ei|uippiii^'  and  niiiintiiinin<;'  this  expedition,  jtersons  connected 
tliei'ewitli,  as  1  liave  reason  to  helieve,  have  issued  and  sohl  bonds  and 
other  eontrat^ts  pled}>in^  the  piihlic  lards  of  Nicara;>na,  and  the  transit 
route  tliroiij^li  its  territory,  as  a  security  for  their  retlenipli«ni  and  lultill- 
iiient. 

The  hostile  desij^n  of  this  exjM'ditioji  is  rendered  inanil'est  l»y  the  fact 
tliiit  these  bonds  and  contracts  can  be  of  no  possible  valne  to  their  liohl- 
(Ts  nnless  the  present  {••overnnient  of  Xieara^ina  shall  be  ()V«'rthrown  by 
torce.  liesides,  the  envoy  extraordiinjry  and  minister  plenipotentiary 
ot'that  {jovernment  in  the  United  States  has  issiu'd  a  notice,  in  pursn- 
aiice  of  his  instrnetions,  dated  on  the  L'Tth  instant,  forbidding;  the  citi- 
zens or  sid»jeets  of  any  natiini,  exc«'pt  passen<;ers  intendin;;'  to  proceed 
tlinuiyii  Niearaf^im  over  the  transit  I'onte  from  ocean  to  ocean,  to  enter 
its  teriitory  withont  a  reji'nlar  passport,  si;;ned  by  the  proper  minister 
or  consnl-}»eneral  of  the  rejinblic,  jesident  in  thei  country  from  wheiu-e 
tlicy  shall  hav«i  departed.  Such  persons,  with  this  exception,  "will  be 
stoppe«l  and  compelled  to  return  by  the  same  conveyance  that  took 
llicni  to  the  country."  From  these  circumstances,  the  inference  is  irre- 
si.stible  that  i)ersons  enptj^ed  in  this  expedition  will  leave  the  I'nited 
States  with  hostile  i)urposes  aj^ainst  Micaraf»ua.  They  cannot, 
[710]  under  the  f»nise  whi(!h  they  *have  assumed,  that  they  ar(>  peai-e- 
ful  emiH:rants,  conceal  <^heir  r<»al  intentions,  and  especially  when 
ilicy  kiu>w  in  advance  that  their  landin<;  will  be  resisted,  and  can  only 
lie  accomplished  by  an  over|)owerinj;'  force.  This  expedient  was  su<'- 
ct'ssfidly  resorted  to  previously  to  the  last  expedition,  and  the  vessel  in 
which  those  composing  it  were  conveyed  to  >«'icara<;ua  obtained  a  clear- 
ance from  the  collector  of  the  port  of  Mobile.  Althonjih,  after  a  cart'- 
tiil  examination,  no  arms  or  munitions  of  war  were  discovered  on  board, 
vt't,  when  they  arrived  in  Nicaragua  they  were  found  to  bo  armed  and 
equipped,  and  immediately  commenced  hostilities. 

The  leaders  of  former  illegal  expeditions  of  the  same  character  have 
openly  expressed  their  intention  to  renew  hostilities  against  Nicaragua, 
One  of  them,  who  has  already  been  twice  expelled  from  Nicaragua,  has 
invited,  through  the  public  newspapers,  Ameri(;an  citizens  to  emigrate 
to  that  rei)ublic,  and  has  designated  ^lobile  as  the  place  of  rendezvous 
iind  (leparture,  and  San  .luan  del  Norte  as  the  port  to  which  they  are 
I'oinid.  This  person,  who  has  renounced  his  allegiance  to  the  United 
^[•iXU's,  and  claims  to  be  I'resident  of  Nicaragua,  has  given  notice  to  the 
Collector  of  the  port  of  Mobile  that  two  or  thiee  hundred  of  these  end- 
grants  will  be  prepared  to  embark  from  that  port  about  the 
ill]    *middle  of  November. 

For  these  and  other  good  reasons,  and  for  the  i)urpose  of  sav- 
ing American  citizens,  who  may  have  been  honestly  deluded  into  the 
lit'lief  that  they  are  about  to  i)roceed  to  Nicaragua  as  iieaeeful  emi- 
^li^lts,  if  any  such  there  be,  from  the  disastrous  consequences  to  which 
ilioy  will  be  exposed,  I,  James  Buchanan,  President  of  the  United 
States,  have  thought  it  tit  to  issue  this  my  proclamation,  enjoining  u|)ou 
nil  oHicers  of  the  Government,  civil  and  military,  in  their  respective 
siltheres,  to  be  vigilant,  active,  and  faithful  in  suppressing  these  illegal 
fiiterprises,  and  iu  carrying  out  their  standing  instructions  to  that 
fleet,  exhorting  all  good  citizens,  by  their  respect  for  the  laws  and  their 
ffSard  for  the  i)eace  and  welfare  of  the  country,  to  aid  the  etlbrtsof  the 
I'ublic  authorities  in  the  discharge  of  their  duties. 


r*:'-;  J 


f.':;.. 


"I-,-:  I 


m^:\ 


■-#*f.' 


7!  .'  t  k,    .. 

'i'  ■  ■"''  ''■ 


I: 


V  '■  ( 


714 


TRKATY    OF    WASHIXOTOX rAPKRH    AC'COMPANYINO 


In  tcHfimotiy  wlicivof  I  liavt'  iM'iciuifo  .set  my  liiiiul  and  caused  tlio 
seal  (it'tln^  lJnit<Ml  States  t<»  he  attixed  to  tliese  presents. 

Done  at  tlie  city  of  Wasliinyton  tlie  tliirtieth  day  of  October,  oiip 
thousand  ei}>ht  hinxlred  and  tifty  ei<,dit,  and  of  the  In<h'|)eiMhnc4>  ot  the 
Tnited  States  the  ciy;htvtliird. 

JAMES  lUJClIANAX. 
JJy  the  President: 

JiKWJ.s  Cass,  Hccretary  of  State. 


m 


E^pBT^ 


[71.'{]    •COHTtKSPONDKXrK    IIKLATIVE    TO    TIIK    MOXITOK.S 
CATAWIJA  ANi)  OXICOTA,  AT  NEW  OKLEANS. 

Mr.  Ooili,  SjMuish  minister,  to  Mr.  JSiicard,  Secretary  of  State. 

[Translati«ii.] 

Lkgation  or  Spain  at  Wasiiinoton, 

Wanltinfiton,  May  li.J,  l.SdS. 

The,  nndersifjned,  envoy  extraordinary  and  ndnister  iilenipoteiitiniv 
of  Her  ('atholic  Majesty,  lias  the  honor  to  present  to  the  consideration 
of  the  hon<u'ahlc  Secretary  of  State  wiiat  foHows: 

It  is  ahvady  a  notorious  fa<;t,  as  pnhlishe<l  by  the  daily  press  in  tlir 
Ilnited.  St;it<'s,  as  well  as  in  that  of  Peru,  and  neither  contradicted  iim 
denied,  nor  called  in  (piestion  hy  any  oiu',  that  the  armor-clad  siii|^ 
Catawba  aid  Oneota,  bon^jht  by  Messrs.  Swift  vV;  ('o.,  of  Cincinnati,  Iiiivc 
been  purch;  sed  for  the  j,'overnme»it  of  Peru,  to  which  they  at  this  tiiin' 
belonj"',  and  that  they  an?  |)reparins  for  departure,  more  or  less  eaiiv, 
bound  for  tl  at  republic,  from  tlu'  port  of  New  Orleans,  where  tliey  ini'v 
actually  ar*'.  This  beinjj  understood,  the  undersi;;ned,  repeatinj;"  tin 
verbal  reclamations  which  he  has  at  various  conferences  iimdc 
[71-tJ  upon  ihe  subject,  now  adilrcsses  *himsclf  to  the  honorable  Si'cic 
tary  ot  State,  invoking  his  recof^nized  ujjrijjhtness,  his  loynlty 
toward  fricin  ly  nations,  an<l  the  noble  perseveran<*e  with  which  lie  ii;i< 
ui)held  respcit  for  the  laws  of  ncntrality,  to  the  end  that  he  may  liiiidHl 
the  departure  to  sea  of  the  monitors  ( 'atawba  And  Oneota  while  the  stiiti 
of  war  exists  between  Spain  and  Pciii. 

The  undcisifjnedjon  the  present  occasion,  thinks  he  may  hope  for  tin  i 
most  etlicient  action  from  the  honorable  Secretary  of  State  for  umil 
especial  and  extraordinary  reasons.  First,  if  the  states  of  war  still  sub  [ 
sists,  it  is  not  by  fault  of  the  Spanish  <;overnment,  which  has  sliowiil 
dis[»ositions  propitious  to  the  adjustment  of  a  jieace  worthy  ami  liomnf 
able  for  all  parties,  having  always  met  the  friendly  invitations  {•iveii  byl 
the  Hon.  Mr.  Seward,  and  in  consecpience  suspendinj;'  active  hostilitioJ 
Sec(Midly,  that  the  jyovernment  of  Her  Catholic  Majesty  having  wn 
]»resented  the  question  of  peace  in  a  positive  manner  to  the  hononiiilfj 
Secretary  of  State,  it  ou<;ht  to  trust,  and  does  trust,  that  while  IVi 
and  the  allied  republics  do  not  proffer  themselves  to  enter  u])on  tlioii 
•jotiations  proposed,  the  Government  of  the  United  States  will  not  omj 
sent  that  in  this  country  any  detriment  shall  occur  to  the  rights  of  Spa 
in  <lerogation  of  the  laws  of  neutrality. 

The  undersigned  avails  of  this  occasion  to  reiterate  to  the  honoi'al)l| 
Secretary  of  State  the  assurance  of  his  highest  consideration. 

F  AC  UNDO  G05l. 

noil.  AViLLiAM  Seward,  dc,  dc,  dc 


[I'ANYINO 

I  ami  cuusi'd  tlic 

iV  of  OrtolxM',  one 
i'U'IU'ImU'IUH!  of  tlu' 

i  lillClIANAN. 


COT'VTER    CASK    OF    THK    rXITIM)    STA'I'KS. 


7ir> 


rilK    MONITOIIS 
iltLEANS. 

'ctary  of  ^State. 


VASlIlNfU'ON, 

on,  Man  -^5,  l.StlS. 
^tcr  pU'iiipotoiitimy 
to  the  cousitU'iiiti"" 

e  (lailv  press  in  t!i.' 
her  contrsKlii-tt'd  i"" 
:he  iwmor-clad  sliii'^ 
...of  Cincinnati,  liiivi' I 
ich  tht'y  at  this  timi' 
p,  iiioiv  or  U'«>*  «''"')• 
aiis,  wiu're  they  ii<»'v 
..•lu'd,  rcpoatinn-  tlif 
IS  coutt'ivnccs  iii:nh' 
the  honorable  Sccic 
'•htncss,  liis  hnaliy 
•o  with  whicli  he  liuM 
_jI  that  he  may  lnii<lti| 
)noota  while  the  stiitt 

„he  mav  hope  for  tin 
•V  of  State  for  \w<\ 

tate  of  war  still  snl'  I 
lit,  which  has  shown 
L  worthy  ami  lioiim 
I-  invitations  «>iv(Mi  1>\| 
lt,o-  active  hostilitu>l 
LMajesty  havin}-'  uojl 
linei-  to  the  honornl'lfj 
lust,  that  while  IVnJ 
Ito  enter  upon  tlio  m] 
ll  States  will  noU'""] 

to  the  rights  ot  b[Yi 

Irate  to  the  honovaW^ 
Inaideration. 
TpACUNDO  GOM. 


[71  "ij     *Mr.  (Joi'ii,  Spdnish  tninintcr,  to  }[r.  Sciv.irilf  iaircn'tary  of  State. 

[Translaliiin.] 

Lkgation  of  Spain  in  Wasiiixoton, 

Wiishini/ton,  ./»»<'.'{(>,  ISdS. 

The  umlersijjned,  envoy  extraonlinary  and  minister  plenipotentiary  of 
llir  (atholii!  MaJ«'sty,  on  referrin;>-  to  liis  note  of  the  L'.'M  of  May  last, 
leliilive  to  the  monitors  Catawha  and  Oneota,  has  the  honor  to  call  the 
attention  of  the  honorable  Secretary  of  S'ate  once  more  to  the  contents 
of  that  note. 

Twoeireumstances  move  the  undersi;;ned  to  insist  a^jain  upon  this 
atl'air  :  First,  it  is  known  to  the  nndersi;;iied  that  the  minister  of  Peru 
lias  solieited  permission  from  the  (lovernnuin  of  the  United  States  to 
take  p«>ssession  of  the  monitors,  eontendin;;  that  the  existinj;  situation 
lii'tween  Spain  and  I'eru  is  not  a  state  of  war,  which  assertion  is  en- 
tirely without  foumiation  ;  and  s(>cond,  that  the  monittus  now  in  the 
|H»rr  of  New  Ojh^ans  are  not  apparently  siillieiently  jjuarde<l  to  pievent 
tliein  from  going  to  sea,  as  the  undersigned  is  aware  of  no  otlicial  ipeas- 
iires  having  been  taken  to  previMit  their  departure. 

In  i«'ganl  to  the  assertion  of  the  governnuMit  of  Peru,  the  un<lersigned 
lii>l .  ,  the  honorable  Secretary  has  rej»'(!ted  it  as  it  deserves.  Tiu'i  state 
of  war  between  the  nations  exists  so  long  as  the  belligerent  and  inter- 
ested i>arti«'s  do  not  stipulate  for  peace,  and  in  the  present  (rase  not 
only  has  i)ea(!e  between  Spaiti  ami  Peru  not  been  agreed  upon,  but  the 
governnuMit  of  Peru  has  not,  up  to  this  tirm»,  even  accepted  the 
[710]  good  othees  *tendered  for  that  purpose  by  tin;  Government  of  the 
V'nited  States. 

We  cannot  conceive,  therefore,  how  the  government  of  Peru  could 
make  such  a  request  of  the  United  States,  as  its  grant  would  imply  a 
vi(ilai  )n  of  the  law  of  nations,  a  serious  ollense  to  tiie  laws  of  neutrality 
of  ;'ii«  ountry,  and  a  want  of  reciproeity  in  the  friendship  and  concili- 
atory hentinuMits  manifested  by  the  government  of  Jler  Csitiiolic  Majesty 
ill  iieci'pting  the  good  ollices  of  the  Government  of  the  United  States 
tor  the  settlement  of  the  contest.  Fortunately  the  honorable  Secretary 
ot  State,  in  his  note  of  the  2.'3d  of  Ai)ril,  to  Mr.  (larcMa,  minister  of  Peru, 
expressed  his  opinion  in  eonfornuty  with  this  doctrine  in  judging  of  the 
present  situation  between  Si>ain  and  Peru,  and  therefore  the  under- 
si;iiied  hopes  he  may  be  excused  for  insisting  upon  that  point. 

If  the  government  of  Peru  desires  the  present  situation  to  be  con- 
verted into  one  of  peace,  why  does  it  not  accept  the  good  oHices  tendered 
liy  the  GovernnuMit  of  Washington  ?     But  as  it  has  not  accepted  them, 
liow  can  it  believe  that  this  (rovernment  is  to  consider  the  present  sitn- 
iitioii  as  a  state  of  peace,  neither  perfect  nor  imperfect?     The  uiulei- 
■^ijjiied  trusts  that  the  honorable  Secretary  of  State  will  reject  such  un- 
touiitled  pretensions  as  exceedingly  inconsistent.     From  wliat  has  been 
said,  the  undersigned  feels  obliged  to  insist  upon  the  adoption  of  per- 
U'liiptory  measures  to  prevent  the  departure  of  those  monitors.     Jt  ap- 
pears from  common  report  that  the  saifl  vessels  are  not  in  the 
[717]    hands  of  the  local  authorities,  and  it  is  !iot  known  *what  order 
has  been  issued  about  them. 

The  undersigned,  therefore,  once  more  invokes  justice  from  the  Gov- 
[eriiiiient  of  the  United  States,  and  begs  that  immediate  measures  bo 
[taken  to  detain  the  monitors  Catawba  and  Oneota. 

The  undersigned  hopes  the  honorable  Secretary  of  State  will  bo 


.  .  ! 


71G 


TKKA'ry    OF    WA.^IMNGTON PATERS    Af'COMPANYING 


l'..:^?* 


!  ■-: 


1; 

1™ 

h 

%■  ^ ' 

i 

1 

1 

1 

1?™ 

i 

fM 

1 

;  ■■    » 


^ 

lii^-i'f 

jih'iistMl  to  «*oininiUii<*iit«'  to  liim  tli<^  irsoliitioiis  ail()|>t«'<l   in  conrorinitv 
\\'i\\\  till'  <'i:iims  <»r  ii;;lit  antl  justict'. 

Tlu'.   iiiMh'rsi;riMMl  «mii1(:;!ccs  the  occasion   to  rciM'W  to   tlw  hoiiorii'jie 
St'crctiirv  of  ►St.itt*  tli<*  assiuaiiccs  of  liis  hi;;!!  roii>.it!«Matioii. 

J'A(  rXDO  CiONl. 

Hon.  WiLLiA.M  II.  Sewaim),  dr.,  tlv.,  <tr. 


Vi\  Siirnrfl.  St'creturyof  St<(fr,  to  ^[r.  Gorii,  Sp/oiish  mlnisfcr. 

Dei'Aktmknt  op  State, 

Wanfiliifiton,  'hiljf  *.»,  ISils. 

Tlio  nrMliM-.si«;iu'<l  Socivtary  of  Stato  of  the   United   States  lias  fho 
lioiior  to  ackno\vici|;;e   the  receipt  of  a  note   from   .Mr.  (iofii,  iiii:iist<r 
pleiiipoteiitiarv  of  ller  Cathoiiv;  Majesty,  wiitten  on  the  .'{iMli  of  ,Imit' 
last,  in  which  .Mr.  (loni  «lirei-ts  the  attention  of  the  nndersiijfneil  to  the 
atlairof  the  in«>nitors  Catawha  and  ()n«'oti'     -Mr.  (loni  mentions  twiicir- 
emnstaiices  which  move  him  to  i-  -ist  upon  the  detention  of  those  inunj 
tors,  namely,  tirst,  that  the  mini- j<'r  pleiiipoti'ntiary  of  1'imii  hassolicitcil 
permissjou  from  tin*  IJn'lfdSt  itestittverniiUMitto  lake  possi'ssirdi  in 
[718]    tlu"  m  >ni  tors,  con  ti'ndiiii;  that  the  exist  in  j;- sit  nation  *l)t't\vecu  Sjcuii 
and  IVru  is  no  lon;.'er  one  td"  war,  \vhi»;h  assertion  Mr.  (i.ini  pro 
uonn<'es  to  l>e  entirely  witiiont  fonnilation ;  and  secondly,  tiiat  thi'  muni 
teas   now    in  the  port  «»t  New  Orleans  are  not  apparently  siilliciciiiiv 
ji'iiarded  to  prevent  them  from  ;;t»in;;  t«>  sea,  as  the  nndersij;ned  is  aware 
of  no  (dlicial  nieasares  ha\  in;;'  been  taken  to  previ>r.-  their  deparlinc. 

Mr.  (loiii  dwells  upon  the  fact  that  the  I'nited  States  have  lendcrcil 
tlieir  jiood  ofliees  to  Spain  and  to  her  aiitii;;onists,  tin;  Paeilie  repnlilns. 
and  thai  while  Sjiain  has  promptly  expressed  her  disposition  to  ani|ii 
those  j;<M»d  «»nices  wirh  a  view  to  the  estahlishment  of  peace,  IV-ni  lias 
not  aciepted  then»,  nor  jriven  any  con<dnsive  reply  upon  the  snhjcci. 
J\Ir.  (lofii  arjrues  from  this  fact  that  the  <•  verniiient  of  I'eru  cainior 
ii;;litliilly  claim  that  tin*  (lovernmeiit  of  the  United  States  shall,  diiiiii:; 
these  overtures.  pron«mnee  the  state  of  war  to  l>e  closed  and  the  state 
of  p(  iu*e  \i)  hav«"  been  reached  by  the  silent  i;oiisent  and  eoncurrencc  oi' 
the  parties. 

Upon  the  fjnmnds  thus  mentioned,  -Mr.  (jofii  feels  hinjself  obli^tMi  lo 
insist  upoti  the  adoption  of  per«'mpt«ry  measures  to  pievent  the  c. 
jiartiire  ot  the  unniitors  in  questiiUi.  Ife  fortifies  this  position  l»y  slatii!.; 
fr.'m  common  report  that  the  vessels  are  imt  in  the  hands  of  the  iticnl 
antliinities.  ;uid  it  is  not  known  what  orders  haxc  been  issued  aimiit 
them.  He  lu';;s.  therefore,  that  immediate  luea.sures  be  taken  to  dct.iiii 
tlu*  inonil*!rs  ("atawha  and  Oneota. 

The  nndersi^tied  has  the  honor,  in  repl.v,  to  inform  Mr.  (lurn, 
[7H>]  itj  the  tirst  phu'i*.  that  ihe  I'enivian  j,'ov4'rninent,  ••ui  its  part,  lii 
sists  tliat  tile  situation  of  war  between  herself  an*,  allies  on  tin 
one  iiart,  and  Spain  on  tlie  otlu-r.  lias  practically  eoiae  to  hm  e?id  In  tii' 
eessati<ui  of  all  hostilities  on  either  side  «inee  the  second  day  of  Mi\. 
l.Stiti. 

The  undersifjned  has  further  tho  honor  tt»  inform  Mi-,  (loni  that  the 
Veri'.viau  government  aHe<jes  in  8upp«»rt  of  itsiiosition  tlu*  fa'"l  ihatCiiili 
t»:al  Spain,  Chili  Ijein^  one  <if  the  aJlieil  bellij^erentHaiMl  Spain  the  other 
bellij^enMit,  ht'.ve.  in  the  pre.sent  year,  voluntarily  joined  themselve> 
toy,ether  in  peaoeAd  antl  friendly  ciMieort  and  cooperation  in   waiving' 


iifeiiii. 


p. 


"iki 


COITXTKR    CASF    OF    THF,    LlITKI)    STATHS. 


717 


(I  in  eonlnniuty 

I)   the  lioiiiiiii'./le 

itioii. 

UNDO  (lONI. 


■.s7/  minisfn: 

[>!'   STATK, 

H,  .hihf «.»,  ISt;"^. 
I  Stall's  lias  the 
[r.  (lofii,  ininistiT 
III'  ;}iKli  ol  -linit' 
Klcrsijiiii'tl  to  tlic 
niiMitioiis  twinii- 
Oh  of  tliosf  iniiiii 
IV-ni  lias  soliciti'il 
laki'  in>'isi*ssiiHii)i' 

Hl*l>l't\V('i'llSj);l!ll 

ioii  Mr.  (i.nii  itni 
ily,  tliat  till'  iii'iu! 
iiiMitly  siiniciciitly 
liMsiniird  is  awaiv 
lii'ir  ili'paiUiif. 
[U's  havo  ti'iidiiiil 
l*.n'ilu-  ri'i>iil>ln>. 
,l»ositiiui  to  act'i|t'i 
r  pcai'is  I'l'Vii  lias 
upon  till'  sahjiM-i. 
It  of  rini  i-amiot 
lati's  sliall,  iltimi;; 
[sril  ami  tlu'  stall' 
iml  i-o!n;urn'iici-  oi 

liinsclf  ohli^<'<i  •'• 
p  \ni'ViMit  I  lit'  <i- 
[)ositio\il»y  statin:; 
liaiids  of  tht'  local 
l»ern  issiu'il  al»i>i;t 
l)f  taken  to  lU't.ii'i 

inform  Mr.  <"'»'• 
|t,  •mm  its  part,  ill 

;ui>  lUii*'^  '"•  *'"' 
|»  to  '".!'.  enil  oy  tiif 

•onil  day  of  Miv. 

llr.  (loni  1l>i>i  tlic 
tlu'fa'-i  ihatCliiii 
lul  Spain  tliiMttlui' 
joint'd  thi'ii»s<'l\*" 
[atiou  in  waiviiijJ 


oltjt'f'tioiis  to  tlie  doaraiuo  fiijm  IJritisl)  jw»n.<  of  ships  of  wai*  for  tin- 
ii'.spcctivc  parties.  So  far  as  this  Dcpartini'iiiF  is  iiiConiicd.  tl.'isstatrnii'nt 
is  not  controverted  l)\' thi- Spanish  ;;oviMniin'Ut,  and  l\'ru  iisists  that 
the  proeeedinjLj  is  erpiivaleiit  to  an  ar'i<;;;fvvled;rinent  on  the  part  of  Spain 
lit'  the  pri'tensions  nnule  l)y  Pern  thar  the  >|i'»:iti;,u  of  war  between  the 
lu'lil.neieiit  repnldii's  and  Spain  has  «onie  to  an  end.  Tern  ar;;nes  in  riiis 
respect  tliat  Spain  eannot  eiaiin  hefore  tlie  ^rovernuient  of  <lreat  IJritain 
M  l)('  at  i>eaee,  and  ;it  the  same  time  elaiiti  lieftin*  the  tlovernnu'tit 
ii!'  IJH'  I'nited  States  to  hv  at  war  with  rein  and  her  allies,  the  position 
ol' tile  I'nited  States  and  Clreat  Britain  in  re^^ard  to  the  belligerents 
lit'iiij>;'  ideiitieal. 

Mr.  (loni  is  infoiined,  in   the  third  plae««.  that  the  I'ernvian  ^iovorn- 

iiii'iit  distin<'tly  projtoses  to  tiie  (nnernnii'nt  uf  the  I'niteil  Stales  that, 

j  .1  it  shall  et)nsent  to  the  elearanee  of  the  <.'atawi»aand  Oiieota,  the  I'ern- 

vian  iroveinnient  will  "ive  ;  " 


•I' 


n' 


il-'Cj    shall  not  he  em]>loyed  •in  any  hostile  proeei'din^r  i'^ai;!st  .-iji'iin  < 

any  other  nation  on  their  way  to  the  port  of  Callao,  in  the  I'ai-ilie, 
!Mit  shall  keep  the  p»'ae«>  nntil  the  vess«'|s  sliall  have  arrived  in  the  hai'- 
t»f  Callao,  there  to  ho  nsed  for  pnrjMi.s4's  «»f  iloniestie  defense  and 


111)1' 
M'ciirity. 

Mr.  dofi'  is  fnrther  informed,  in  tin-  fonrtli  jilaee,  that  the  House  of 
llcpresentatives  having;  taken  tin*  snhjei '  «»f  the  sale  and  proposed  de- 
!i;trtiire  of  these  vessels  into  consideration  '.vith  a  view  to  some  possible 
iinislative  action  thereupon,  directioi  •;  iiave  in-en  j^iven  by  the  I'res!- 
ilciit  that  those  vessels  shall  not  receive  rleaiance  or  be  permitted  to 
■Icpart  while  the  snbj"ct  is  on^-a^inj;  the  attention  of  ('on;;!ess.  The 
vessels  are  for  this  reason  detained  at  pie-»ent.and  will  lie  so  temporarily 
■let:!'iie<l,  whatever  appearances  or  presnm[»tions  to  the  contrary  may 
my  where  exist. 

In  consecpience  of  the  i)roce<'dlnp:s  of  the  House  of  Itepresentatives 
vhiih  have  been  referred  to,  it  seems  to  'Atv  IMvsideiit  that  the  occasion 
li.is  not  yet  iirrived  when  it  will  be  nee-  ss^iry  torliiin  to  deci<le  the  grave 
liu'stiun  which  has  been  raised  beforr  this  (ioveniment  between  the 
niiiisters  of  Spain  and  Pern,  namely,  iln-ipn-stionwhetln'r  the  warwhieli 
las  heretofore  wa^ed  between  those  natioiishas  iM-en  practically  broit;;ht 
ti>  an  (-nil  or  not.  Frank. less,  however.  ob!i;;es  the  nndcrsijiiu-d  to  say 
ilrit  inilessMnne  nnforeseiMi  i-ircntiistaner--  >hall  sof)n  occni-,  the  time  Ibr 
I' tin;;'  upon  that  ipn'stion  would  si-eni  to  Ih*  near  at  hand. 

The  vmdersijjncd  freely  admits  the  ditliculties  which  are  likely 
i-l  [    •to  attend  the  decision  of  the  ipn-stiofi. 

It  is  certain  that  a  condivion  of  v.ar  can  W  raised  without  an 
aitlioiitative  declaration  of  war.  and.  on  flie  «»ther  hand,  the  situation 
'>t  peace  may  be  restored  by  the  lonir  sn^jH-nsjou  <»f  hostilities  vvithont 
I  treaty  of  peace  beinjj;  made.  History  is  full  of  sucli  oceiinences.  A'hat 
l"'ii(i'l  of  suspension  of  war  is  necessary  to  justify  the  presrni»tion  of 
ilif  icstiiration  ivf  jieace,  has  never  yet  Imhmi  M-ttled,  am)  must  in  every 
'.isi-  he  determined  with  reference  t-»  •••diateral  facts  and  circumstances. 
Tlie  proceedings  of  S|>ain  and  Cliiti  whieii  h:i\'e  be<*n  lefcired  to, 
il'liou^ii  itu'onclnsive.  reipiire  an  explanation  on  the  part  ivf  either  of 
'iii'se  [xtwcrs  which  shall  insist  that  thf  condition  of  war  still  exists. 
'''Ill,  etpnilly  with  Spain,  has  as  absolute  a  ri^lit  to  decline  thi'  jfood 
"ilins  or  mediation  of  the  Tnited  States  for  |M'ace  as  either  has  to 
"Kpt  the  same.  Tlie  refusal  of  either  w«>idd  Im-  incon(dn.->ive  as  au 
'vidence  of  tietermination  to  resume  or  continue  the  war.  It  is  the 
iiilcres'i  of  the  United  States,  and  of  all  nations,  ihat  the  return  of  peace, 
iiO'Vever  it  may  be  brought  uboni,  t*hall  ix*  acceided  wlienever  it  has 


-■*■■  '-I 

'-it 

■  '  i  ■:-.i 


718 


TREATY    OF    WA.SHIXGTON PAPERS    ACCOMPANY INTi 


liccomo  olosuly  established.    "Whenever  the  United  Stnles  sliall  fiinl 
itsell"  oblifjeil  to  decide  tlie  question  whether  the  war  still  exists  IxtwiMn 
Spain  and  Pern,  or  whether  that  war  has  eome  to  an  end,  it  will  luiikc 
that  decision  only  after  havinj;  carefully  examined  all  the  pertinent  fiuts 
which  shall  be  within  its  reach,  an<l  after  havin;:^  yiven  duf  con 
[722]    sideration  to  such  representations  as  shall  have  been  *nia(U'  \)\ 
the  seveial  parties  interested. 
1  am,  sir,  your  obedient  servant, 

AVILLIAM  II.  SEWAKl). 
Sefior  Don  Faci^ndo  Goni,  dc,  dr.,  dr. 


ti^ 


■^ 


Mr.  Qoui,  Spunifih  minister,  to  Mr.  Seirard,  Secretarij  of  State. 

[Translation.] 

Legation  of  Spain  at  WASHiNcrroN, 
Waxhinyton,  ftulij  2!),  ISdS. 

The  ujidersiftiied,  envoy  extraordinary  and  minister  jilenipotentiiirv  uf 
Her  Catlmlic  Majesty,  has  the  honoi'  to  r«*ply  to  the  note  in  the  mutter 
of  the  monitors  Catawba  and  Oneota,  which  tin*  honorable  Sccri'tiiiy  «>t' 
State  of  the  L-nited  States  was  pleased  to  address  to  him  on  the  !!tli 
instant,  and  passes  on  to  notice  the  contents  thereof. 

The  honorable  Secretary  of  State,  in  the  note  referred  to,  informs  tlu' 
under^ij;ned  that  the  {government  of  Peru  maintains  that  the  stiite  uf 
Avar  between  Spain  and  the  allied  republi(;s  has  terminated,  alle;;in;^,  tor 
reason,  that  active  hostilities  have  been  suspended  for  more  tiiaii  t«n 
years,  and  <iuotiny:  that  Spain  and  Chili  luul  r«'ciprocaIly  consented  to 
the  departure  of  some  vessels  of  their  respective  Ha<js,  which  wvw 
<letained  in  IJritish  ports,  from  which  fjictthe{;:overnmentof  Peru  iiiliis 
that  Spain  cannot  say  she  is  at  peace  in  respect  of  the  IJritish  <::ov(iii- 
ment,  and  say  that  slie  is  at  war  in  n'spect  of  the  (Jovernment  of  the 

United  States. 
[723]  *The  undersigiuMl  can  do  no  less  than  state  that  the  sinj^ular  pre- 
tension of  the  {government  of  !*eru  causes  him  extreme  surprise. 
To  say  that  a  state  of  war  tloes  not  exist,  wIumi,  in'vertheh'ss,  no  propo- 
sition of  peace  has  been  accepted,  is  an  atlirmation  equally  {gratuitous 
and  new,  whi(;li  it  is  not  necessary  to  «M»ntest. 

As  to  the  facts  alli'yed,  no  one  of  them  implies,  even  renmtely,  tlie 
ce.s.sation  of  war.     The  fact  of  hostilities  bein{;  suspemled  on  the  pait  uf 
Spain  is  the  consecpuMute  of  tlu^  acceptance  of  the  {rood  ollicu's  olfereil 
t(»  the  belli{;erents  by  the  (lovernnn'Ut  of  the  UnitiMl  States  on  the  2(ltli 
of  l)e<(Mnber,  I.S(»(».     In  respect  to  the  departure  of  Spanish  an<I  Chiliaii 
vess<'|.s,  d«'tained  by  tlu^  };ov«'rnment  of  (Ireat  IJntain  in  fultilbnent  ot 
lu'r  duties  as  a  neutral  i)ower,  the  undersi{.jned  iloes  nt)t  know,  with  ex 
a<tn<>ss,  what  hap|iened  in  London,  altiiou<;:li  he  has  reascms  tor  thinkiii{i 
that  there  was  not  any  formal  and  <lirecta{freenu*nt  b»'tweeu  the  repre.seiil 
atives  of  both  nations;  but  at  all  events,  and  even  if  such  had  existed, 
that  could  not  alter  or  modify  the  situation  in  which  both  parties  tiii«l 
then).selves.     To  preteml  that  the  con.'<ent  to  the  departure  of  the  vessels 
respectively  means  a  declaratitm  of  astati*  of  peace  w«)uld  beeipuviijeiit 
to  nuiintainin{>   that  any  spe«'ial  a^jreemeiit  of  two  belli{j;erent  stiites. 
w  hether  about  an  ex<!han{fe  of  prisoner.**,  or  ('urnishin{;  supplie.**,  or  ini> 
other  partial  and  limited  point,  would  imply  the  termination  of  the  wiir. 

It  is,    therefore,    not   u   logical   consequence  which    the  Peruvian 


NYINCf 

jles  sliall  iiinl 
oxists  bctwi'cii 
(1,  it  will  miikc 
juTtitient  t'iicts 
"iiven  «liu'  coil- 

K'OU   *llliuU'   Iiv 


SKNVARI). 


COUNTER   CASE    OF    THE    UNITED    STATES. 


710 


y  of  State. 


^SniN(!TON, 

July  LM>,  ISdS. 
leuipotontian  of 
L*  ill   the  niiitttr 
ihl»'  Secret iiiy  of 
L)  him  on  tlie  !'tli 

(I  to,  iuforiustlii' 
that  the  state  of 
itod,  all«';;in;4,  f'"' 
r  more  than  two 
;lly  consented  to 
[i<js,  which  weiv 
•ntof  IVrn  iiifeis 
'  British  {ioverii- 
vernnient  of  the 

the  sin}»uhir  luc- 

xtreme  suriuise. 

IheU'ss,  no  prop"- 

ually  gratnitoiis 

len  remotely,  the 
led  on  the  part  of 
1,(1  olliees  oltenMl 
ates  on  the  'JOtli 
[iiish  ami  rhiliaii 
in  fnltillment  ot 
ft  know,  with  ex 
(cms  for  thinking; 
,'en  the  represent 
Inch  had  existeil. 
|)(>th  parties  liii<l 
ire  of  the  vessels 
thl  beeipiivaleiit 
VUi};erent  states. 
supplies,  or  aiiv 
atii'ii  of  the  war. 
the  Peruvian 


'72i]    *^a)vorninent  deduces  from  the  act  which  occmrred  in  London,  nor 

tile  si<;iiilication  attached  to  it  w«'ll  hmiided.  J)e.'<i(h'S,  it  is  proper 
to  note  the  fact  that,  whatever  mi;;iit  be  the  importance  of  the  arranj;*'- 
meiit  of  London,  that  arran;j;ement  toolv  j>lace  between  Spain  and  Chili, 
and  not  b<'tween  Spain  and  I*ern;  and  the  IVrnvian  /govern im>nt,  liow- 
t'ver  much  allied  with  that  of  Chili,  in  the  (u)ntest  with  Spain,  could  nut 
iiiv(dve  in  its  favor  a  special  ajireement  made  with  another  state. 

It  follows  from  what  has  been  .said  that  althoiiyh  Spain,  thronj^h  the 
lifect  of  its  sincere  desire  for  peace,  has  suspended  a«'tive  hostilities,  she 
viiil  finds  her.self  in  a  stat(>  of  war,  and  can  do  no  less  tlian  maintain  the 
li^rhts  whicli  corK'spond  with  siu-h  (ionditioii  acconlinj'  to  the  laws  of 
nations  while  that  state  continues  to  subsist,  and  a  solution  satisfactory 
tolfoth  belligerent  parties  is  not  reached. 

The  honoiable  Secretary  of  State,  in  connection  with  this  question, 
iliseiis.ses  in  his  note  a  {^rave  matter  whitth  the  uudersi<»ne<l  can  do  no 
iiss  than  notice.  The  honoiable  Secretary  states  that  because  of  the 
interference  of  the  House  of  Kepreseiitatives  in  the  (piestion  of  the  moni- 
I(M>  Catawba  and  Oneota,  tile  I 'resident  may  not  deem  theoc(!asionoppor- 
lime  Ibrdecidinji' whether  the  war  between  Spain  and  the  allied  republics 
has  or  lias  not  practically  come  to  an  eml;  but  c<uisiders  that  it  is  nearly 
time  to  decide  upon  this,  and  tin;  more  so,  that  lie  reco;iiii/,es  the  dinicul- 

ties  whicli  that  .solution  presents.  He  adds,  that  inasmiKdi  as  a 
Tl'.j]    state  of  war  may  be  establishe<l  *witliout  a  previous  (U'claration, 

.so  also  may  a  state  of  peace  be  re-established  without  anexpn'ss 
treaty;  siiid,as  it  has  not  as  yet  been  settled  how  much  time  must  elapse 
tioiii  the  suspension  of  hostilities  until  peace  may  be  pii'sumed  to  be  re- 
istahlished,  it  oii;jiit  to  be  decided  in  view  of  the  facts  and  cirtaimstances 
iif each  case;  ami  concludes  by  declaring  that  the  United  Stat<'s,  when 
tlic.v  consider  themselves  obli>;cd  to  <U't«'riiiiiie  whether  war  still  exists 
lii'tweeii  Spain  and  Peru,  or  has  come  to  an  eml,  such  decision  will  be 
Kaclied  alter  haviiijr  carefully  examined  the  facts  and  }>iven  due  eon- 
siileration  to  the  representations  of  the  parties  iiitereste«l. 

The  undeisijiiied  cannot  as.seiit  entirely  to  the  juecedinj;  assertions, 
Imt  will  coiitine  him.self  to  ob.serviiiy"  oiilyjhat  the  state  of  war  and 
state  «»f  peace  between  two  nations,  lirst  of  all,  and  beyond  all,  are  facts 
«iiicli  depeiul  upon  the  will  of  the  i>arties  iiiterest<'d,  it  behmyin}^'  to 
ilit'iii  to  ilecide  by  common  accord  what  is  the  state  in  which  they  tind 
tiit'inselves,  and  what  the  character  «)f  their  respective  relations. 

As  for  the  determinations  which  the  ITiiited  States  may  beli«'ve  tlieiii- 
M'lves  to  be  oblijit'd  to  adopt  umh-r  {^iveii  circiim stances,  the  (lo vernnient 
»f  tlie  United  States,  and  espe«ially  the  honorable  Secretary  of  State, 
I'll  whom  this  matter  is  iiieiinibent,  has  too  much  eiili<;hteiiiiient  and 
ii|>ri}ilitiiess  to  .sejiaiate  liiin.self  in  these  matlers  from  the  reeo^iii/e«l 
I'liiieiples  of  the  law  of  natimis  and  international  usages,  and  thus  he 
ilis|HKses  of  the  liiiale  of  the   note  of  the   honorable  Secretary  of  Stale. 

IJesides,  the  (loverniiient  of  the  Ciiiti'd  States  Inddiny  on  the 
iT2C]    present    *occasion    the   character  of  mediatcu',  in    virtue  of   the 

aiuM'ptaiH'e  of  its  jiood  ollices  on  the  part  of  Spain,  the  uiider- 
>i;;ned  cannot  for  a  moment  doubt  that  while  it  holds  tliat  trust,  it  will 
ii'>|»oiid  with  its  ai'customed  loyalty  to  the  coiilideiice  of  the  Si>anish 
;'itveriiiueiit. 

Ill  the  la.st  i»lace,  the  Secretary  of  State  informs  the  nndersjn^ned  that 

''V  rea.soii  of  the  aliove  nieiitioiied  intervention  of  the   IIou.se  of  Itepre- 

>intatives  aliout  the  sale  and  tleparture  of  tl.e  monitors,  oiders  were 

hlispatehcil  by  the  President  that  clearam-es  should  not  be  ^iveii  to  them, 

«*•!' that  they  should  be  permitted  to  go  to  sea,  a. id  tlie.t  in  t*uii8e(|uencu 


;'^v«;j!'.F| 


f 


.?jj-^  n. 


720 


TKKATY    OF   WASHINGTON PAPEHH    ACCOMPANYING 


Ft  V  ^K 


tho  vessels  ;iro  detainoil.  an<l  will  s(»  eontiinic  toin|)or.Trily.  The  under. 
si;;ii('(l,  as  is  just,  ai>pnMiat«'S  tlic  issuauct'  of  sucli  (mlors,  aud  miis! 
hope  that,  th«' <h'teiition  of  the  vessels  l»eiM;>'  fouiul  just  in  itself  by  the 
provisious  of  the  \i\\\  of  neutrality  and  the  pieseiiptions  of  internati(>ii;i 
law,  such  detention  will  not  eease  until  the  state  of  war  <*eases.  As  loi 
what  the  jiovernnient  (»f  Peru  may  have  of1ei«'«l  to  that  of  the  I'iiitt'( 
Stales  as  seemity  that  tin*  monitors  shidi  not  l>e  employed  in  hostilitjo 
a,uaiiist  Spain,  tiie  umh'rsij;m'd  will  make  no  r<'ply,  not  havinj;'  iiiiv 
(•aiise  to  douht  the  sincerity  and  <;ood  faith  of  su(!h  otters;  hut  tin 
cii'cumstance  cannot  dis<'liarjie  him  from  his  <luty  of  makiny  Just  rccla 
inati<Mis. 

The  undersijjni'd  recapitulat«'s  the  contents  of  the  jiresent  note  In- 

statin^;-   that    Spain    is   <lisposed    to   i«'-estiil)lish    honorably  lii'i 

[7L*7]     friendly  lelatitms  with  the  allied  republics,  sjiid  *therefore  dcsin" 

to  return  to  the  state  of  jjeace,  but   that  uidbrtunately  she  luiw 

still  linds  herself  in  a  state  of  war. 

That  iM'ither  the  suspension  of  hostilities  nor  the  concerted  <lei>artnn 
of  the  Spanish  and  Chilian  vessels  from  London  chan<jes  or  alters  tlie 
exist inj;  status. 

That  the  d«'termimitiou  of  saiil  state  of  war  cannot  be  brouj;ht  alxHit 
ex<'ept  by  the  declaration  of  the  intiMt'sted  belligerent  parties. 

That  the  state  of  war  existiuir.  Spain  can  do  no  less  than  maiiitiiii 
the  rijihts  which  belonji;  t«)  her,  and  n'claim  theii'  observance  by  nciitr;i 
ffovernnuMits. 

'fliat  in  aildressinjf  the  (lovernment  of  the  I'nited  States,  which  coii: 
bines  the  chara<-ter  of  neutral  wiih  that  of  mediator,  Spain  linds  herself 
assisted  by  a  doulde  ri;ilit  to  re<|uest   the  detenti<ui  of  the   monitors 
Catawba  and  Oneota,  behuifrin;;  t<»  Peiii. 

And,  in  coiu'lusiou.  that  he  hopes  that  the  (loverinneut  of  the  TnittMl 
States,  as  (Viend  and  neutral,  will  c<Mitinue  to  cause  to  be  respected  tli*' 
rinht  and  th<'  laws  of  neutiality.  and  that  as  mediatcu'  it  may  succcimI 
in  obtainiii.<;'  a  solution  himiuablc  to  the  c(mtendiu<;'  ]>arties  and  Immu' 
iicial  to  the  inten'sts  of  all  natitms. 

The  luuh-rsinned  reiterates  ajjain  to  the  honorable  Secretary  of  Stiitc 
the  assurance  of  his  hij;ln'st  ccuisideration. 

FACUKDO  GOSl. 

lion.  William  !I.  Skwakd,  c(v'.,  dr.,  d-c. 


'*&. 


[72S]     *Mr   Goili,  Spanish  minister,  to  Mr.  »SV/r(Mv/,  Secretary  of  Sfote. 

[Tr.iiislatiim.] 

Le(;ation  <»1"  Si'Ain  in  Washincjton. 

W^sliiiHitoti^  Noremher  "Jl,  ISdS. 

At  one  of  the  latest  conferences  in  relation  to  the  moiutors  ('atawl'iil 
and  Oucota,  purchased  for  the  j;overnm  iit  of  INmu,  the  honorable  SnT 
li'laiy  of  State  (»f  the  I'nited  States,  after  a^ain  presentiii};  some  oliscr- 
vations  expr«'ssed  in  his  note  of  tin*  Htli  of  duly  referrijijjf  to  this  matter! 
was  pleased  to  make  manifest  to  the  undersifjned  that  the  SpiUiishl 
^overinnent  couhl,  without  obstacle  of  any  kiml,  <'onsent  to  the  (le|iiiit| 
ure  of  those  vessels  iu  consideniti<ui  of  two  special  circumstances,  to| 
wit : 

1.  That  complete  pvaco  existinj?  in  fact  between  Spain  and  Pern,  awij 
this  peace  in  fact  being  very  shortly  to  be  converted  into  peace  ac<'onlj 


IPAXYING 


COUNTER   CASK    OF    THE   I'XITEl)    STATES. 


721 


irily.  Tl>o  nii<lt'v- 
orilors,  iiiul  nnist 
ist  in  itself  V>y  the 
(lis  ofintiMiiiitioiinl 
r,\r  coascs.  As  lov 
lint  of  the  I'liittd 
)loy(Hl  in  hostililii's 
y,  'not  liiiviiiji'  i\m 
h  ottrrs;  l»ut  tliiit 
maUinjj;  just  ncla 

10  pros«M«t  noto  l>y 
lish  honorary  litv 
d  •tlu'ivfonMlcsiiis 

ovtuiiatcly  she  now 

concortoa  <l«'l<aitnri" 
an;io«  o»'  viltcrs  tlie 

ot  1)0  broujilit  iilmiit 
•nt  parties. 
U'ss  than  maiiitaiu 
l)S(n-vaiice  by  lu-iitnil 

(I  States,  which  <'(>ii', 
r,  Spain  finds  hcrsi-lf 
tion  of  the  iiiomtois 

innirnt  of  the  VwM 

1.  to  he  ivspecttMl  tin' 

iiit(.r  it   may  siM-cccd 

<••  parties  and  Ikmic 

lie  S«'('retary  of  Stati'j 


ingto  law,  as  recront  coinnMnii<'ations  rcM^eivod  at  the   I>('])artniont  of 

State  demonstrate,  sind  especially  the  protocol  of  the  eoulerenee  which, 

1)11  the  1st  day  of  Si'ptemher  last,  was  ohseived  in   Lima  by  thc^  repre- 

M'utatives  of  the  four  allied  iepnl>li<*s,  in  view  of  so  near  and    i>rol)al>le. 

ail  event,  the  aeipiiescence  of  the  Spanish  i^oveiinnent  W(»uld  l»e  Jnstili- 

|;il)lt'  in  resp<'ct  of  the  immediate!  departnre  of  the  monitors,  whieli  need 

I  to  avail   themselves  of  tlu^  fair  weather  of  the  sonthern  hemisphere, 

aiul  wonld  nn)reover  si<;nify  a  deferen(!e  very  rennirUable  ami  worthy 

lot' esteem. 

L'.  That  this  (Joverninent  havinj;  assnranee  that  the  monitors  are  not 

t<)  exercise  any  hostilities  a;4ainst  Spain,  not  only  hecanse  of  the 
'■19]    disposition  whi(th  animates  the  f^'overnnu'nt  *ol'  Pern,  bnt  also 

beeanse  the  minister  of  that  republic  has  nuideso  solemn  promise 

hluTCof,  as  the  honorable  Seen-tary  of  Stat<'  has  been  [>leascd  to  assure 

llii' unilersi^iH'd  in  the  said  note  of  the  !>th  of  duly,  that   Spain  cannot 

Itiitertain,  in  this  respect,  the  least  reason  ft)r  withdrawal  or  apt)rehen- 

In  eonse«pu'nee  of  tin;  ju'eei^lent  nnmifestation  of  the  Secavtary  of 
IState,  the  nndersij>ned  limls  himself  lully  authorized  to  declare  that 
IiIr' present  jiovernnuMit  of  Spain,  desirous,  as  the  representativi'  of  the 
Itiic  new  political  situation  creat«'d  in  that  cou?itry,  to  give  [)roof  of  its 
|:ii(iully  attitndi;  toward  the  Ilisi)ano-Ann'rican  repnl)lics  of  the  raeillc, 
Idascs  to  oi)i)ose  the  departure  to  sea  of  tin;  monitors  Catawba  ami 
|Oiit'ota,  h«)pin^only  that  the  honoral)le  Seeictary  ot'  State  will  please 
assuri;  him,  in  conformity  with  tln^  offers  made  by  the  minister  of 
I'liu,  that  the  said  vessels  will  mit  att«'mpt  to  commit  any  act  olfensive 
ltoS[)anish  interests  durinj^  their  voyage  to  tlu'  J'acilic. 

The  undersigned  has  the  honor  to  communicate  the  foregoing  to  the 
liimoiable  Secretary  of  State  of  the  ITidted  States,  and  awaiting  reply 
III  the  picsent  m)ti',  avails  of  this  fresh  occasion  to  reiterate  the  assur- 
Vkv  of  his  liighest  consideration. 

FACUX])(>  (iONl. 
lion.  ^^'1LLIA.AI  11.  S]]\VAUI),  ttr.,  dr.,  dr. 


Scvnhmj  of  Stdte. 


IWASHTNfiTON. 

yoremher '1\,  l^^'"^- 
io  monitors  CatavvM 
In,  the  h«>norable  N" 
Irosenting  some  .>l>ser| 
Lrring  to  this  matt.rJ 
led  that  the  Spainsii 
lonsent  to  the  departf 

piiil  circumstniKOs,  to 

Spain  nnd  revn,aitj 
led  into  peace  accoPH 


Mr.  Scwaril,  Secn'tary  of  Htaic,  to  Mr.  Goili,  Sjmnish  minister. 

1)];i\\ijtmi:nt  of  S'I'ate, 
}V((sliiii(jton,  Xoveiiiher  'Mi,  IStJS. 

SlK  :  Your  note  of  the  24th  instant  has  been   received   with 
[30]   high  satis*  faction. 

I  1   gi\e  you  herewith,  and  with  the  assent  of  Sen(n'  (larcria  y 

larcia.  minister  of  Pern,  extracts  from  two  notes  which  have  been  re 
livi'd  from  that  distinguished  gentlennin,  relating  to  the  proposed 
fltarture  of  the  OiU'ota  ami  Catawba  f(U'  a  Peruvian  pent.  It  gi\es 
|t.'I>k'asure  to  add  that  this  (ji(>v<'rnment  reposes  entir(>  {oiilidence  in 
V' fiillilhnent  of  the  assurances  on  that  sul)iect  which  ai>[»ear  in  tln)se 
ftcs. 

[I  avail  myself  of  the  occasio';,  sir,  to  olfer  to  you  assurances  of  my 
|iy  high  consideration. 

I  AVILLIAM  II.  SEWAKD. 

jSefior  Don  Facundo  Goni,  ct-c,  etc.,  il". 


n 


mm^^^^w^ 


:  i 


I 


n 

,i  i! 
!t '  ■ ' 


7-2  TiniATY    OF    WASIIIXCTOX I'AI'KKS    .\('rOMrA\YI\(; 

Mr.  (idrciKj  I'lfuriait  iiiiiiis((r,  to  Mr.  iSvicdrd^  Sn'rclari/  oj'  Stidi. 

l'VviUi>^hiXiin\. — F,x  tract.] 

CLAKr.NDox  lloTKL,  X<ir  Yorl',  Moi/S.  isiis. 

SriJ  :  Tf.  ill  <»r(l<'r  to  your  acccdiM;^-  fo  llic  iiitiniiition  1  liiuc  liiiucd  ,ii. 
it  wt'ic  iiccfssury  to  promise  posit ixcly  lliiit  llu'  vessels  wliicli  ^n  rium 
the  riiitcd  StJites  shall  proceed  on  tlie  route  to  Peru  without  iitlackiii- 
or  judvokiny:  attacks  from  other  nations,  without  any  exceiif  ion,  nor  tn 
cause  injury  nor  to  olVcr  threats  to  their  possessiinis.  I  hold  in  plcili^i 
to  tile  I'mteti  Statt's  the  honor  of  the  reruvian  ;i-oveininent  from  llii 
inonieiit. 

I  a\ail  myself,  with  satisfaction  of  this  oi»])ortunity  to  renew  in  yum 
excellency  tlu'  assurances  of  the  lii.uli  respect  ami  •■sleeiu  with  wliidi  I 
subscribe  niNself  voiir  verv  olicdieni  servant. 

.lOSf:  ANTONIO  (i.  Y  (lAKCi A. 

II is  Kxeellency  Wm.  II.  SiAV  \i;i), 

dr.,  tie,  tic,   ]y((sliinfi((>n. 


j'.'ll]  *}fr.  (I'lytlii.  l'<rur'utn  mhiisfrr,  to  Mr.  Srintrd,  Sccrctdri/  <>i'  Sfafr. 

[TiMii-latiou. — Kstracl.J 

rLAni:M)(>N  Hotel.  Xar  Yarh,  'hdi/  )l^,  jsiis. 

Sii;  :  tlie  tore;;oini;  wouhl  iindoul»tedly  sullice  for  the  end  in  \'n-:\ 
when  addressing:'  an  ujuiiiht  and  enliuhlened  liovernmeiit.  such  as  tli.ii 
of  your  excellency's,  hut  the  ;;overnineiit  of  IV'iii  voluntarily  and  dcljli 
erately  desires  to  olVcr  to  yours  the  most  perfect  security  as  to  tlicicdi 
tilde  of  its  intentions  in  seiidiu':-  those  \essels  to  the  coasts  nf  tln' 
repuhlic.  and  f<»r  that  purptise  has  inslriicted  me  to  reiterate.  cx|U(s-<l,\ 
in  its  name,  to  the  Inited  States  (lo\ crnim'iit,  the  formal  i»idmisc  tliiii 
the  moiiitoi's  will  leave  for  the  I'acilic  without  attacking:-,  or  in  any  way 
molesting,  any  vessel  .  or  po>sessi(tns  of  Spain,  and  without  «'oiniiiiltiim 
any  act  of  h(»stility.  directly  or  indirectly.  a,L;ainst  the  llai;'  of  tint  ii:i 
tion,  ('itherat  sea  or  on  land,  to  which  tliey  may  not  he  provokctl.  Tli' 
InuHU'  of  the  reruvian  ;;overnment,  I  a^.iin  repeat  on  this  nccasi.iii, 
Uiiarantees  to  your  cxcelleiu-y  the  strict  fnllillnu'iit  ol"  this  solciiiii 
pj'omise. 

I  have  tlie  honor  of  subscrihiny"  myself,  with   the  hi;4hest  coiisidcia 
timi,  \ our  exc«'lh'ncv"s  most  humble  and  obedient  servant, 

.lOST:  ANT(LMO  (!.   V  (lAKCIA. 

His  Ivxcelh'uey  Wii.l.lAM  H.  SkwaK'D, 

Sicrilarj/  of  tilt'  i'nitiil  States  of  Afiiericd,  ]V<(sliiii/it(in. 


ll 


^fr.  L'ohcrts,  Spanish  ml)iistf>%  to  }fr.  Fluh,  Secretary  of  State. 

[Tiaiihlatioii.] 

Legation  of  Si'ALN  at  Wasiiixoton, 

April ;;,  b^!"l. 
T.'JUj        *The  uimersi;;ned,  envoy  extraordinary  and   minister  plciiil"'^ 
tt'iitiiiry  of  ypaiii,  has  beeumc  inft»rmed,  by  news  comimiiii<ii''''' 


irANVlNO 
rtary  of  Sfati. 


rl;  Mfiji  8,  isds. 

I  I  linvc  liiiitcil  ,1!. 
'Is  wliicli  yn  Iroiii 
witlumt  ;itt;u'l;iiii; 
•  r.\c('|iti(>ii,  nor  tit 
,  I  hold  in  i>liMl!:r 
rmiicnl    iVom  tliis 

■  to  renew  111  yoi'.i 
eeni  witli  wliidi  I 

l\.  Y  (lAKClA. 


I'OIN'l'KU    CASK    OK     I'lIK    KM'IKI)    S'I'A'IKS, 


723 


Secriinrtj  nf  stair 


A-,  'hill/  L'S,  IstiS. 
■  the  end   in  \if.v 
nent,  sneh  as  tliii^ 
nnlarily  and  delib 
lit  V  as  lo  tlie  iccli 

1  lie     (MKlStS    (if  tilt' 

(■iterate,  e\|»ic>-il;. 
iiial  i»voMi:-^i'  tli;ii 
n;;-,  or  in  iiii\  way 
itiioiit  eoniinittiii.^' 
(•  lla-;-  of  tlrit  iia 
)('  provoked.  'I'l'' 
on  tills  oee.isioii. 
it    of   this  solemn 

linhcst    eolisideiii- 

ant, 

;.   Y  (iAh'<'IA. 

Va.sliiiKjton. 


(try  of  ^State. 


iSlIIN'iTON, 

Ajnil  ;•.,  I'^'X'- 

minister  plciiil"'- 

ws  coinuuiiiieateil 


t,)liiMi  from  the  (/iil>an  aiilhorilies,  eonlirnied  thron^^h  other  channels, 
that  one'"  ol"  the  IN'rinian  monitors  wliieh  the  Spanish  s(|nadron  allowed 
til  leave  oiw  of  the  southern  |M»rls  <d"  the  Tnit'-d  Stales,  instead  ttf  eon- 
tiiiiiiii;:' Iht  course  towaids  the  waters  of  the  ra(;ilie,  in  aceordanee  w  itii 
the  solemn  i)romise  made  to  the  ( l<»\('rnment  of  this  llepiihlie  l»y  the  ae- 
cicdited  minister  of  I'l'ru,  .Mr.  (lareia.  has  \iolated  this  compromise  l>y 
K'tiirninn"  to  the  watei's  of  the  island  (»f  Cuba,  and  enterin;;'  one  of  its 
[Milts  called  IMierto  Naranjo. 

The  undersigned  considers  it  his  duty  to  call  to  this  matter  the  atteu- 
tiiiii  of  tlu'  honoralde  Secretary  of  State,  to  whom  he  doiilits  not  such 
|iincednre  will  ean;<e  a  feelin.u' of  dismisi,  addinj^'  that  one  of  the  Span- 
ish war  steamers,  the  l''«'rnando  el  ( 'atoliea,  accoin|ianied  the  said  steamer 
til  liia^ua,  which  is  at  the  extreme  v\u\  of  the  island,  ami  ,i;a\f  up  the 
watchluhiess  which  lie  exercised  fowai'ds  tli'in,  in  the  assurance  that 
they  wonh'  not  fail  t()  the  agreement  made  with  Sjinin  throii^^h  the  me- 
ijiation  of  the  (iovernnu-nt  of  the  rnited  States. 

The  iinder>i,uned  thinks  it  ])roi>er  that  the  honorable  Secretary  of 
State  should  lia\('  exact  inlorinati(Ui  about  the  matter,  an<l  it  is  the  pur- 
]ii(S(' of  this  note  to  semi  him  herewith  exact  copies  of  what  passed  at 
thr  time  my  government  acceded  to  the  departure  of  the  sleaniers 
iiii'iitioned. 

The  undersiuned  avails  of  this  occasion  to  reiterate  to  the  hou- 
',  V'.\    oiahle    Secretary   of  Stat>'   the  as>uiaiice  ol   his  highest   'coiisid- 
eiatiou. 

MAriacK)  LOPi:/  ifor.Kiri's. 

The  llonorabh'  SKCin'/FAm  (U'  Sr.vTK 

<PJ'  thr    f  nifril   ,Stiifi's. 


T/r.  Fisit,  Sivretari/  <>/  Sfatr,  (n  Mr.  h'olirtts,  Sjiniii^li  nun  inter. 

J>ei'ai:t.mkm"  okStati:, 

W'd.sliiiif/tini.,  April  7.  ISO!!. 

The  nndersi<;;ned,  St-c'retary  of  State  of  the  I'nited  States,  has  tfie 
Imner  to  acknowled^-e  the  rcceijit  of  the  note  of  the  ."id  instant  from  Hon 
Maiiiii  io  Li»|)e/  luibcrts,  envoy  evtvaordinaiy  and  ministei'  plcnipoteu- 
iiiry  ot  Spain,  statinji"  that  he  had  been  informed  by  the  (!uban  author- 
ities, which  information  was  contirmed  throutih  other  channels,  that  «uu> 
III'  the  I'eruN  ian  inonitois  had  entered  the  ( 'iibaii  port  of  Naranjo  in  vio- 
iMtiiiii  of  the  [>romise  made  In  Sehor  Don  (lareia  y  (iar«'ia,  minister  ph-ii- 
;tiitciitiary  of  I'eru,  before  those  vessels  left  the  I'nited  States. 

Ill  reply  the  undersigned  has  the  honor  to  stati'  that  this  Department 
ii>  no  other  information  on  the  subject  than  that  contained  in  Mr.  Ifob- 
'it>"s  note.  I  appears,  however,  oi\  examiniiij;"  the  terms  of  Mr.  (lareia's 
it'tcs  on  the  occasion  of  the  depaiture  (d"  the  monitors,  that  they  do  not 
"'Main  any  ph-dji'e  that  those  vessels  shall  not  enter  a  Spanish  |)ort 
iiiKk'r  any  circumstance,  but  that  they  shall  not,  on  their  way  to  IN-ru, 
Utack  the  i»ossessions  of  Spain.  Mr.  Koberts  d(«'s  not  allege  that  any 
^'i<li   attack   has  been  nuule   by  the  numitor  to  which  he  refeis:  conse- 

<|uently  tlu' pled<ie  j;iv«'n  by  Mr.  (lareia  cannot  be  rej^arded  as 
''ilj    violated   until  such  attack   shall  *have  taken   i>lac»>.     The  un're 

entrance  of  one  of  those  vessels  into  a  Cuban  i«»rt  cannot  Justly 
''<' ni;;irded  as  a  hostile  act.  It  may  luve  been  c(uupelled  by  stress  of 
Weather  or  «)ther  similar  cause.  Mr.  Koberts  is  aware  that  the  monitors 
ii'ti'ned  to  wore  not  intended  for  .sea  going'  vessehs.  Indeed,  they  cannot 


II 


Plf!l|iP|i!!«i 


724 


TKKATY    OF    WASIHNf;T()\ — I'AI'FKS    ACC* )MPANYlN(i 


m 
li 


t  ! 


f  i 


8V 


M  i 


r:^  I 


A 


id 


'■A  — ! 

'     'I     ] 

If  fti! 


iiavijiutr  tlio  occiin  uiilt'ss  ntt('ii(l«*il  or  towed  hv  otlici'  stciiiiK'is  oi  ms 
si'ls  ;  i-oiistMiiU'iiilv  tli«*v  «';iimot  lu-iiiiiiii  loiijn  at  son  witlioiil  piuctiMliiin 
to  soiiu»  noi't  tor  tlif  iMuposc  of  irpU'iiisliin;;-  tluir  t'lU'l  aiitl  oiIkt  .,ii|j" 
l)li«'s. 

I'litil  :iiitlH-iiti<-  iiitoniiatioii  to  tlic  coiitiary  shall  liavr  Ixt'ii  ivccivtMi. 
it  imist  be  pii'siinu'il  tliat.  if  tin*  Mioiiitor  to  whicli  .Mr .  Ii'ohcrts  r«'i(i.s 
lias  ill  point  of  fact  entered  a  Cnhaii  port,  tliat  entrance  was  occasioiKMi 
bv  some  such  necessity  as  that  atl\«'rtcd  to. 

The  uiKhMsijiiied  avails  of  this  occasion  to  oiler  to  Mr.  iJolierls  ihr 
assurance  of  his  hij;h  i'oiisid«'ratioii. 

iiAyii/roN  FISH. 

Sefior  Don  .M.  Lopez  KoiJiOKTs. 


Mr.  Fifth,  Sirntory  of  AStntc,  to  Mr.  h'tihcrts,  Si/anifth  minister. 

DErAiJT:Mi;NT  oi'  Statk. 

]y((sltin;ft(>n,  April  1 1,  ISdii. 

SiH  :  I  lia\e  tin-  honor  to  inchise  foryoiir  inforination  tiie  accompiiii) 
in;i  transcript  of  a  note  of  the  '.>ih  instant,  athlressed  to  ine  by  the  iiiiii 
ister  of  I'ern,  in  whicli  is  j^iveii  tin-  substance  of  coinnniiiicatiitiiN 
|7o.j]  received  l>y  liini  t'rom  the  *<-onnnaiHb'r  of  the  I'ei  ii\  iaii  s(|ii;i(huii. 
to  wliich  tile  monitors  Atahiial|»a  and  MancoCapait  licloii;;,  cs- 
jiecially  with  re;;ard  to  the  visit  ot  tlie  hitter  on  a  hite  occasion  t»>  llic 
ptnt  of  Naranjo,  on  the  northern  coast  of  ('iil»a. 

Not  (htulitiii^"  tliat  yon  will  receiNc  with  satisfaction  the  statt'iiicni  ui 
Mr.  (larcia,  I  remain,  with  the  highest  consideration,  your  olicditiit 
servant, 

UAMILTON  Fl.Sll. 
Sefior  Don  31.  Loi'icz  KoiiKUT.s. 


Mr.  l^ftlM'rfs,  Spxnish  miniitti'r,  in  Mr.  Fi,sh,  ^ivretary  of  Sl«ti'. 

f 'I'laiislatiiiii.] 

LKdATioN  OF  Spain  at  WAsiriNCTox. 

Apyii  i:.,  ist;!t. 

The  minister  plenipotentiary  of  Spain  has  had  the  honor  to  receive 
the  note  of  1  Itli  instant,  in  wliich  the  honorable  Secretary  of  State 
jileased  to  send  him  copy  of  a  communication  from  the  minister  of  I'cri. 
dated  the  !>tli,  explaining  the  causes  which  gave  occasion  for  tlie  toucli 
ing  at  IMierto  Naranjo,  in  the  island  of  ("ul>a,  of  the  Peruvian  iiioiiitor 
^Slaiico  ( 'apac. 

The  undersigned  has  already  sent  to  liis  government  these  satisfac 
tory  communications,  and  presents  his  thanks  to  the  honorable  Sccnian 
Fish  for  Ids  attent'on,  availing  himself  of  this  occasion  to  olfer  to  him 
the  expression  of  his  highest  consideration. 

MAlJltlCIO  LOPEZ  ItOlJKKTS. 

The  Honorable  S'^.crktakv  of  State 

Of  the  United  States. 


(.■(H\'ri:i{  (ASH  01'  TiiK  rMTi:i»  >tati:s. 


72.n 


,  n 


:;J7J    •C()l{Jii:SP()NI)KN(^K  K'KLATIVK  TO-TIU:  J'LOHIDA,  AT 

PIULADKI.IMIIA. 

1/(.  Fixh,  Secretary  of  Stafr,  ti>   Mr.  Liniitmll,  S4rrttni-y  of  the  Treasury. 

Dli'autmkxt  hv  Statk, 

Wit.shinfitini.  April  .'{,  l.S<IO, 
SiK  :  Tilt'  (•liin;L;('  (riitVaiics  ol'  Ilayti  li;is  ii<1tln-ss4-il  a  iioto  1<»  tliis  Dc- 
]iiiitui('iit.  stiitiiiji;  tliiit  lUTsoiis  act  iii^  tor  tlio>«-  In-  rails  r«-lu'ls  in  liis  cuiiii- 
tiv  iiH'  tirtiii;;  out  a  .stcaiiuM'  ralltMl  tlw  I'loruia.  at  <!ii*st«'r,  I'«*imsylva- 
iii;i.  lor  tilt'  scrvii'c  of  tlir  t'licinics  of  his  uovrniiiM-iit.  Iln*  fonse<int'iitly 
,i>ks  tliiit  tJM'  clcaraiu'c  of  tliat  Nt'sscI  may  Im*  pn-Vfiiti^^I. 

I  will  «oiis«'qiu'iitly  thank  you  to  ruu.so  ini|uiry  to  Iw  luatk'  Mito  the 
msf,  and  to  a^lopt  such  measures  as  the  lesult  may  warrant  under  tlio 
law, 

I  have  the  honor  to  be,  sir,  yours,  &c., 

HAMILTON  FISH. 

Hull.  (iEolJliK   S.   iUil  TWI'JJ,, 

Secretary  «>/"  the  Treasury. 


ILTON  FISH. 


^  IJOl'.KRTS. 


Mi\  Fish,  Secretary  of  State,  to  Mr.  J/na,;  Attorn* y-General. 

Dr.IVM.'TMKNT    «•!■   STATK. 

^\ii!ihiio/t"ti,  Ajn'il  '.),  1S()0. 

i'lS]  *Sii: :  Mr.  ICvaristi^  La  K'oche.  the  cliarp-  d'allain-s  of  llayti, 
has  a»l(iressed  a  note  to  this  nepartnicnf,  statin;;  that  he  has  in- 
I'liiiiation  totheetfect  that  a  steamer  nametl  Floriila  is  in  the  course 
hI  hcin^i  lilted  out  at  Chester,  I'lMinsyhania,  for  the  s«^'rviee  of  the  in- 
Mii^t'uts  in  aims  a^iiinst  his  p)vernnient. 

1  will  ('onse(|uently  thaiik  you  to  instinct  the  proper  oftlceis  to  j)rose- 
I  it<  any  jteison  \vh(>,  in  the  pro(;eeding  rt'ferred  to.  may  \iolatethe  law 
"I  the  rnited  States. 

I  lia\t'  the  honor  to  be,  sir,  vours,  iJte.. 

HAMILTON  TLSH. 

Hull.  K.  IJOCKWOOD  IIOAK, 

Attoruey-iieneral. 


Mr.  Hoar,  Attorney-General,  to  Mr.  Fi.sh,  Secretary  of  State. 

ATTOUXEV  ( iKNEi:  AL*S  OlFK'E, 

Wa^hitujton.  April  UK  1S(V.). 

^in  :  T  am  in  the  receipt  of  a  letter  from  you  of  the  :U\  instant,  eon- 
^tviiit;  certain  information  received  by  your  Department  from  the 
'!i;u;:c  d'aHaires  of  Ilayti,  relative  to  the  ti'ttinir  out  i»f  a  steamer  named 
lltirida,  at  Chester,  Pennsylvania,  for  the  service  of  the  insurgents  now 
ill  aruis  against  bis  government. 


r       I 


pllif  flf 


Pi^?" 


~0<' 


TI.'KATV    OK    \VASHI\(;T0N PAIM'.IJS    ACCOMI'AN  VIM; 


r   inclose  yoii   luMcwitli   ;i  ropy  of  ;i  «-niiiiiiiiiii(';iliMii  adilnsscfl  In  Hi,. 
I'llitt'd  Sliilrs  ;itloili('y  loi'   tin-   t'iistt'JIi    tlislllcL    ol'  riliii.s^  Iviiiiiii    ii|mi|| 


tins  siilt|('('t. 


I  li;i\('  tlu'  Iioiior  to  l)«*  voiirs,  \(' 


Hon.  Hamilton  Fish, 


E.  i:.  lIOAIi 


Mtio'iiii/<ii  nrral. 


tSccrrtidjI  ol'  Stiili: 


I 


piil' 


■» 


|7."{!>|     *Mr.  Ilniir,  Afforih  >/(li  in  rnl.  f<>  tin    ilt.sfricf  oltornrif  nf  fhr  mstrr, 

(li-strivt  of  J'tiiiisi/lronix, 

WASiriNCTON,  Ainil  l(».  lS(l!t. 
Sli;:    I    inclose  lierewifli  it  copy  oC  !1  lettel'  Mildressed  to  lliis  (itlicc  ii' 


(Ml 


111- 


Hon.  Iliiinilton  l-'isli.  Seeietiiry  of  Sliile,  st;itiii^-   tlcit    lie   Inis  recciv 
intorni;iti«»n  to  the  ell'ecl  llnit  ii  sti'iinier  iiiinied  the   I''hiiid;i    i>;  in  coiii' 
of  Itein;:-  litted  iint  :it  <'hes|rr.  IN'nnsyI\;iniii,  for  the  service  of  ilic 
sui.nents  ill  iniii>  iiuainst  tlie  ^o\eniiiieiit  (tf  !l;i\ti. 

Yoii  will  jtleiise  tilke  such  st«'ps  ;ind  institute  such  proceediii;^-;  iin 
seem  to  l>e  necessaiy  tt»  pi'eM'iit  or  to  piiiiish  a  \iolation  of  the  laws  of 
the  I'niled  Slates  by  the  pailiesulio  may  he  en;;a.ued  in  an\  ill(';;;il 
transaction  ecninected  with  this  \essel.  You  will  report  also  in  iIijm 
otiice  any  i-eliahle  infonnation  upon  the  snhjeet,  and  any  adion  ih  it 
yoM  may  take  in  imisiianee  of  these  iiisfr       ions. 


\'ery  respee-i fulls  ,  yoiiis,  ^:e 


!•:.  i:.  iroAi; 


L'MiEi)  Stati:s  Att()1{m:v, 

/•sOstrnt  Ih'strlct  Peini.sj/lrait!((,  riiil(ul('lj>lii((. 

[I "or  iiich)sure  see  ante,  p;i;;e  7l.'"».J 


,1  lfnniiii(i<  in  nil. 


Mr.  iioKtici  II,  Svcntnnj  of  tin    Treasttrii.  to  Mr.  Fish,  Srcrrlnyi/  ni'  liltoh: 


|j;U 


H; 


in~ 


iirv 


TlJIvASt'in     Dl-.l'MMMKXr, 

Wiishiinjtnn,  April  IL',  !S(l!t. 

Sti;  :  1  ha\e  the  honor  t(»  ackiiowlednf  the  re«eipt  of  yoiii'  leltcr  nf 
the  .id  inst:int,  relative  lo  the  litliii;^  out  at  t'hestei',  iV-iiiisylvii- 
I  740]  Ilia,  of  the  steamer  *l''lorida.  w  hich  the  charge  <ralfaiies  of  Ihivti 
had  ad\isi'(l  the  Department  of  State  was  for  the  service  of  lli'' 
(Miemies  of  his  j^-overnment,  and  whose  <!learaiM'e.  therefore,  he  asked 
mi;;ht  he  prevenle<l  ;  and  \<>u  retpiest  this  Department  to  caine  in'|i 
to  he  made,  and  to  a<loj>t  such  measures  as  aie  pioper  in  the  pieii 
III  reply,  I  ha\e  to  iiitorm  you  that  a  i-opy  of  your  eommuniciitioii  u;is 
transmitt<'d  to  tho  collector  at  Philadelphia,  with  instructions  to  icimhi 
if  ther<'  wci'e  any  .urounds  for  the  suspicion  entertained  by  the  Ilayti;ni 
<*liai;ic.  and  l>e  vigilant  to  enforce  tiic  provisions  of  the  act  kI  -'"•' 
Apiil.  l.sis.    , 

On  theStli  iiiK.ant  the  collector  made  his  report,  statiiijr  fl>ii<  he  liiitl 
fully  advised  tlu'  c(Mnnuindiii};  ollicer  of  tlu'  revenue-steamer  Sj'wiud 
what  course  to  [)ursue,  and  had  also  coimuunicated  with  tin'  assistnnt 


list' 


I'ANV1N(; 


('ui'NTKii  cam;  Ml'   Tin;  r\rii;i>  siait.s. 


JuMnsscfl  Id  till. 
niiNNhiiiii,!  ii|Mi|| 


OAK', 

tmiii  ii-ili  III  fill. 


iijf  of  tilt   idstrni 


•.wvM'yin' M  Chvsti'v  in  rrliilion  to  tlic  iiiiitlci',  a  <'(»])y  of  wlHtse  letter 
u;is  iiic1(»s<m1,  illld  lirlTwilli  I  trilli>iiiit  ntpir-i  (it'thc^f  (lociliiniit  ^.  I 
;i1m»  iiiclosr  \<Hi  ;i  <'t»|»v  of  llic  iii«;t iiict i(»iis  of  this  I )('|»;irl iiicnt  to  tlic 
,nll(M't(tr  of  IMiilii(I<'Iplii;i,  of  iliis  dii.v's  date,  diici'tiiiijf  him,  if  the  cnsc 
ilcMiMluh'd  it,  to  talu'   tlie   IhukI    provided  Ity  tin'  lirst  section  of  the  net 


iihiiM'  elted. 

\N  ilii  j;i'eat  respect, 


Hon.  llA.Mii/roN  I'isii, 

kSvcntati/  of  Sfiilr. 


C.KO.  S.  r.OJ'TWIMJ., 

iSicntini/  of  Ihr  Triiisin!/ 


Aini!  in.  IS(l!t. 

1  to  this  otlicf  liy 

he   has   reciiNi'd 

U'ida   is  in  cnin^c 

ervice  ot'  tlic  ill- 

h  pro('eedinji>  ;i>; 
Ml  of  the  laws  iii' 
ed  in  an\  iilc^ral 
port  also  to  tlii>i 
[  any  aetitai  tli.it 


oAi;. 

fonuii-(tiiti  lid. 


Til]  "[llK-ioMllV.] 

)li:  ]hKirr,  luillrrlor  of  rtisloins,  fn  Mr.  I  Unit  in  II,  Scn'i  tm'ji  if  tJu    Trnisuni. 

CrSTOM  llolSK,    I'im.ADKI.l'lIIA, 

CnUntof's  (Hjin\  .  1 ///•//  S,  \S(\\), 

mi;  :  1  ha\e  receixed  vonr  letter  of  therith  instant.  iin'losin,<i' eopy  of 
irltt-r  fnnn  Seeretaiy  of  State  in  relation  to  an  apprehended  \i(»lation 
Hi  the  iMMitralily  laws  in  tittin;^  ont  steanu-r  J'Morida  at  Chester,  Peiin- 
^■.  l\;niia. 

liia\(  tally  ad\ised  the  ('()innnindin.u  ollieer  of  the  icvennesteann'r 
SrwiU'd  what  eonrse  to  pursue,  and  ha\«'  also  eonininnieated  w  it  h  assist- 
ml  surveyor  at  Chester  in  relation  to  ihe  matter,  a  ropy  of  whose 
ritcr  is  herewith  imdosed. 

\erv  respi'ctfnih,  voiirs,  ^le., 

IIF.NKY   1>.  MOOIM:, 

Ciillirto)'  if  ('Ksfoiiis. 
llidl.  (iKo.  S.   IIOITWI;!,!,, 

iSwrrtarif  of  the  i'nasuni^  Wntih'nujtoiu  l>.  ('. 


■i-rfiirif  of  Stiili: 

\i;  rMKNr, 
[pril  IL'.  1^'!!'. 
if  your   leltcr  'if 
sti'r.  l^•nn^vl\:l 
;illaiies  of  llayti 
e  service  ttf  tlic 
(lore,  he   asUcd 
to  cause  iM"iiiir.v 
in  the  pn'Miiscs. 
ininnication  was 
u-tioiis  to  i(  pi'it 
hv  tin'  Ilavtiaii 
tlic  act   ->f  -"til 

in<;  that  1h»  hiitl 

steamer  .Scwanl 

h  the  assistant 


[  Illt'luMlIC.  ] 


.!/»•.  LH:v}\ht'rij,  sKnu/ior^  to  rollirfur  of'  «7^s■^>»^s',  VJiilmlitphin. 

Ol-lK'l".    Sli;VKV(»l{    ol'    ClSTOMS, 

i'liistir,  J'iini.sifln(ni<(,  Ajtril  S,  ISdO. 

''^ii! :  In  answer  to  your  impiiries  in  regard  to  the  stcann'r   IMorida, 

n  iw  ini(ler;;-oin;x  repairs  at  this  poi  t.  I  ha\  c  the  hoiH)r  to  say  thai.  1  ha\(' 

made  (lili^cnl  inquiry  in  rej^ard  to  her  destination,  ami  from  information 

<il>taiiH'd,  tind  she  is  houml  lor  Itio.  South  America.     The  I'loiida 

itl'j    hclonj;s  to  I''rederick  \V.  Clapp,  of  i'.oston,  No.  17    Kowe's  *wharf, 

of  whom  any  infoiinati(m  in  i-cpird  to  her  «lestination  can   bo 

iilitained. 


iKCSiu'ctfidly,  yours,  i^c 


<.'0LLK('TOU   OF  CUSTOMS, 


SHNOW  LlTZi:.M15l-:i{(i 


tSia-vcyoy, 


Philadilphia. 


1^ 


f 


1 1  f 


7  is 


rur.AlY    OF    \VAS|II\(;T0\ PArilKS    A(  (().MI'.\\YI.\(i 


Mr.   liiiiitinll,   Sirffttiri/  of'  lltr   Trt'usun/,  to  vitlhwtor  of  ouHtoiiH,  VhlUi- 

Ti: i: Asr i{ Y  I )KPA iMM i:nt. 
Washiniifoii,  Ajnil  !'_',  ISdiJ, 
Siij :  I  mil  ill  ii'cript  of  your  Irftcr  of  llir  Stii  iiisiiuit,  rdiitivc  to  the 
stciiiiKT  I''lHii(|;i.  ;i!l»'tr<'<l  to  l>«'  littiiiy  out  ;it  Clicstrr,  IN'ini>\  l\  iiiii.i.  fm 
tin-  scrx  ice  ol'  t  lif  cliciiiics  ol'  I  lit-  ;4o\  ri  limnit  of  i  l;ivti,  iltiil  st;it  iiij;  tlijil 
yoii  liiid  I'lillv  ;i(l\isc<l  tlu'  foiiiiiiiiinliii;:'  olVuTr  of  tlir  lovriiiii'sti-ainci' 
Scwiird  w  li;il  coiiix'to  ](iir-;M«'.  iiiid  roMiiimiiiciittMl  with  tlic  iissisiiim 
smvt'voi'  ill  ('iM>tt'i'  i-oiM'rniin;;  IIh' iiiatlcr,  ;i  copv  of  w  liosc  Icltti  yun 
iiiclosi'. 

Ill  rt'ply.  tile  l>i'|t;irtiiu'iil  ;i|ii»io\cs  \oiir  ;iclioii  in  tlio  iin-iniscs,  nnd 
if  tlic  riisr  (Icmiiiids  it  yoit  will  plriisc  tiikc  tin*  hotid  provided  lor  liy 
tlu'  first  section  of  iift  of  I'tMli  .\i»ril,  ISIS,  cliiii)!*'!' ^>.Sj  pji;;!'  H.",  Stutiitis 
iit  Laijir.  vol.  iii. 

\'t'r\H'spt'«Mfiillv,  vours,  \c,, 

(iKO.  S.  IJIM'TW  KLL. 
SnTt'tdi't/  of  tlw  TtrKsiiiii. 
COIA.V.CTOU   OF   CrSTOMS. 

riiihuU'iiiiiiii. 


nu 


i: ; 


(71.>j    *.l/>\  llimi\  AttoriuydiiuKiLio  Mr.  SiuiHi,(liii(riil  altonui/,  I'liilu- 

ill  Iphia. 

WASIIIN(!ToN,  Mill/  1  I,  ISO!). 

Sii; :  It  has  Im-cii  orally  rcportc^l  to  the  DcpaitiiK'iil  of  Slate.  I»y  tiie 
iniiiisler  of  .Spiijn.  ••that  the  sieiiiner  Atlanta  at  i'hiladelpiiia  Iimn  been 
sold  to  tlu'  Ciiliaiis.  and  that  tin*  steamer  I'loiida  at  Cheslir.  IN  iiiisyl 
\ania,  isheiiin'  lilted  oat  iiiidei' suspicions  ciieiiinstaiices."  To  tliislast 
named  Ncssel  the  <lipIomatic  representative  ol"  Ila\ti  has  also  calleil 
atli'iition.  \'on  are  referred  to  the  eopy  'of  the  letter  to  the  riiilcd 
States  marshal  for  the  sontlu'rii  distri«-t  of  X«*w  York,  sent  yon  iiicldsnl 
with  my  leiteidf  the  I'Jtli  instant,  lor  ;;«'iu'ral  iiistruetioiis  in  the  pniii- 
ises. 

Whenever  complaint  is  made  a;;aiiist  any  vesstd   (Hi  trnstwoithy  e\i- 
denec  siitlieietit  to  estaldish  liefor«'  a  eomt  of  justice   prohahle  cause  fn 
helieve  that  siicli    vcss«d  is  forfeitable  for  a  \i(dation   of  the  neutiality 
laws,  yon  are  instructed  to  file  a  lihcl  and  arrest  the  ncsscI. 
\'cr\  respect  lull  V, 

1-:.  i{.  iioAJt. 

AUi>nii  1/  <ii  nci'id. 
.\lhi:i:y  i(.  Smith,  ICs(|., 

rnitiil  Stalls  Allonni/,  I'liilmh lj>hi<(. 


Mr.  Fi.ih  SivrcUtry  of  Stall.,  to  Mr.  Hoar.,  AttorncifGi-ncral 


7141 


•DKPAirrMFNT   OF   STATIs, 

Wasliimjton,  May  1*>,  f^'i!'- 

Sir:  I  liavc  ,he  honor  to  inclos*^  n  copy  of  si  tnuislation  of  a  imlc  <it 
the  —  instant,  addressed  to  this  Jlepartiiient  by  Mr.  Hvariste  JiU  Ivodu', 

'  For  copy  of  this  letter  see  post  p.  729. 


ANVI\(i 

custoiin,  I'liila. 

UMMKNT. 
I/*///  I'J,   ISCIt. 

t,  icIilliVf  to  tile 

(•iiiis.\lviini;i.  I'oi 
iikI  stiitiii;;  thm 
icvcniii'sti'iiiiii'f 
til  flic  ;i«<si>,|;iiii 
^liosc    letter  ynii 

<>   pieiniscs,  mill 

pi'(»\  itU'tl  I'nr  hy 

iyc-M7,Stiitiitf«i 


TWKI.I,. 

//((     'I'lrilslini. 


COlNTKIt    CASi;    OK     Till;    IMTKK    SI'ATKS. 


729 


'  oltnrtu jl.  I'liihi- 

^fn\|  1  J,  isr.!). 

f>f  S|;ite.  Iiy  the 
'l|»lii;i  liiiN  Iteeli 
lestcr,  rciiiisyl 
."  I'o  lliislast 
\\\\s  iilsd  eiilleil 
to  the  I'nited 
lit  yoil  ilielesc<l 
»n.s  ill  tlie  preiii- 

list  wort  liy  ('\!- 
»l);|l)le  e:ill>e  fo 
llie   iieiitlalit\ 
>el. 

I1()AI{, 

initi/diKi'i'dl. 


rhiirir*' trulViiin's  ol"  Kayti,  st'tliiiy:  I'ordi  tlic  rrasoiis  ln'  still  I'litcrtiiitis 
t(ir  tin- opinion  tliat  the  stcanu'r  I'loiitlaal  Clu'sler,  iN'niisylvaiiia,  has 
iifcii  pi'i'parcil  ami  is  aliont  to  start  tor  tlie  purpose  of  eii^^riiiijnir  jn 
liit.st  ill  ties  a;;ainst  liis  ;;t»veiniiieiit.  Tiie  exp«'ilieiiev  of  rtMpiiiiiij;'  tlic 
MMiiiit.v  wliieli  Mr.  I,a  Koelu'  imliealos  ayainst  a  \iolafion  of  tin*  law  of 
llie  Iiiitctl  Stati's  ill  this  ease  is  siiliiiiitte<|  to  yoiii' «'ail\  consiileratioii. 
i  havt'  the  honor  to  be,  sir,  y<uirs,  »\:c., 

IIAMlI/roN   I' IS II. 
II. Ml.  K.  IIorKWoni)  TloAK', 

Altonn  II  (it  lund. 


Mr.  ll(nn\    \fl<fni(!/(hinra1.  In  Mr.  Siiiitli,  illsfrlrf  niiornvii. 

[Tfl»'j{iiini.  1 

WASIIlMi'lON.  Mn}l  IS.  1S»1!>. 
AiiM.'KY   II.  Smith,  Ksip,  Vniti-il  states  Atlnrmij,  I'liilnhlithla  : 
litM»k  out  lor  the  I'loritla.     On  i»ro»it"  of  pit»l»al>h'«aiis«',  lihel  and  arrest 

luT. 

K.   U.   I1()AI{. 

Attonity  (hmral. 


Mr.  llonr,  Attorncif-itencralj  to  Mr.  Amhrirs,  Ciiitcil  Stiitrx  iiKirshal, 

WASIIlNCil'ON,  Mat/  IS.  18(59. 
7I.">|  •Sii;:  I  inclose  for  your  infoiiiiationa  portion  of  the  translation 
of  a  n«)te,  sent  hy  l\ir.  Mvariste  La  Koelie,  eliarj,'e  d'atlaiies  of 
lliiyti.  to  the  Seeretai'y  of  State,  and  l»y  the  Seeietary  of  State  to  this 
I'llire.  1  send  inclosed,  also,  a  <opy  of  a  letter  dated  May  10,  sent  by 
tins  olhce  to  the  marshal  of  the  I'nited  States  for  the  soul  hern  district 
"I  New  York,  uhicli  yon  will  <'onsiilei'  as  j^eneriil  instructions  in  cases 
"t  any  violation  of  the  neutrality  laws  within  your  district.  Von  are 
' AjM'cted  to  rt;eeive  any  inforniatioii  that  may  he  <;iven  you  by  the  rep- 
:(<eiitatives  of  forei'411  jnoverninents,  as  well  as  by  other  persons,  but 
\iiii  are  not  exjiected  to  en^iay'e  in  general  coii-espondence  with  forei;;'ii 
ii'prcseiitatives  upon  the  sniiject  of  the  neiitiality  laws.  altlion;;h  it  is 
ilt'tiiied  »'nTir<'ly  projter  that  y<ui  slnuild  acknowledge  tlu'  receipt  of  any 
ii'iniimiiicat ion  that  they  may  send  you,  and  should  answer  any  direct 
!'ii|iiiiy  as  to  whetlu'r  any  sp«'cilied  person  or  vessel  lias  been  arrested 
and  proceed in},'s  instituted  for  ])Uiiishment  or  torfeiture. 
\'erv  respect  full  V,  vours,  »S;c., 

E.   I{.   IHKVli, 
Attonuyiiiniral. 
<;i:oi:(JK  S.  Ani)ki:\vs,  Ivs(|., 

rxititl  StdtcN  Morsluil,  Boston.  MossucliHsrtfs. 


(i(ii<r<il. 
STATIm 

1 01/  ir.,  1  stilt, 
tn  of  a  note  of 
iste  La  Koclic, 


(■biclosim'.  ] 
Mr.  Jlonr,  Attornii/deneral,  to  Mr.  Jkirloir,  f'nitetl  States  marshal. 

Wasihnuton,  May  10,  1800. 

'iC>]       •Silt :  Your  letter  of  tlie  r.th  instant  and  your  letter  of  the  Stli 
instant,  both  addressed  to  the  Secretary  of  State,  relatinj;  to  thb 
Neutrality  laws  of  the  Uiiite«l  States,  and  your  duties  as  marshal  iu  ref- 
iTeiice  thereto,  have  been  sent  to  this  oflice. 


f-m 


7.:;«k 


TUr.VTV    or    \VASHIX(;T<>\ — rAl'KK><    A<'COMl'\\M.\,; 


:i  .:    ' 


J:i'fi'' 


Tiu    lir"*'    -fVtMi  «i«M'tiinis  of  <'li,ij».  S:s  ;it'  ihv  iicls  .»t"  Coiiiircss  of  isjs, 
(."»  StiUiit«'s  ;tt    Lar;i«*.   Mr,)  jirovitlc  for  llic  niiuislitnciit  of  persons  ;i!i(l 

tlu"    folt'i'ittlJf    <if  Itrn))r!l\  .   whir!)    ;IH'    ((f   ((tUlSC    to    !»«'    <'n«'Ct('i|    h\     III,. 

jiitl^iiunt  of  :i  •-..III!,  lii  a   siiil  cuitiiiii'nml  hs   iiuiirl  iin'iit  oi-  lilxl  ,,(  i-^ 

fot'iii;it  ion. 

Siu'h  suits  will,  it)  i»»()|hm'  cases,  lir  iiistitnl«'<l  h\  tlit- distiict  aHtuiK  \. 

jinil  von.  as  mai'-luil.  wiH  arrest  tlu-  prison  or  propcrts.  pmsuaiit  lo  iln' 

uanaiit  ailtlirss«Ml  j.t   vou  froat  tiic  roiui.     Sections  s  aiu'  It  of  tliisari 

iMnpouei    tlie   l*ie>i«lenl.  or  siicli  other  person  as  In-  shall  lia\e  eiapow 

eretl  tor  ihat  piirpo-^e.  to  employ  the  latnl  or  naval  lor<  is.  or  the  miliii;i. 

for  certain  purpti>.i*«.  nanud  iii  these  sections.     Sei-tiou^  M    'atl  iL' iiiipoM- 
!■.    •!...    ...>....     I.  iv,i..a    til. .loll.    ....    ..>i'ii..i.o    ..■>    ... .>>oi .ri>.....t    ..r  < —     .1  .       . 


in   the  cas«  >  naiiiet)   iheri'in   <tn  owners  oi'  consi;;iie»'s  of  vesveh  d  i 
tain  (Inties.  ami  i:ive  an  aulinMil  v  to  collector.^  ot  cnstoins  to  deiain  \(  >. 
sels  or  to  take  a  IjoihI. 

Whether  .-nits.  •  itln-r  ct  iniina!  or  fur  forfcitnre.  are  to  l»e  iiisiitiited, 
unist,  s«»  >ar  as  the  local" officers  are  coii«'criic<l,  he  (h'teriiiiiici  h\ 
|Ti"l  the  ili-lrii-t  'attorney,  npon  such  e\  iilem-e  as  may  he  kiiowuic 
him  :  art<i  \on  iia\ c  tin-  \v«  II  know  n  ri;:ht  of  marshals  to  call  iijioii 
the  poxsi  ro)  JtiitHM  to  j;i»l  yon  ityon  arc  olistnicteii  in  the  ser\  n-e  u|  inu  _ 
i-es.>.  So  far  a.-s  .sections^  .iiiij  ".tc(tnfer  a  lai  i;cr  povvi-r  than  litis  npon  llir 
;»er.soii  em|>ov.fre«l  lt\  the  iMcsident,  pnrsnani  to  thesi>  s.  etions  .sinli 
jiersons  inn^i  In- .s,M"«Mai!\  empowered  for  I  hat  i)ni|io.se;  and  ,\ou  vlo  not 
li.t\e  tids  power  Wy  vi••tu«^  of  your  ollice  as  marshal. 

It  is  plain  that  to  ellicit  iitly  jnevcn!  any  \  iolations  oi*  this  a<'t.  or  tit 
snrei\  punish  them  it  ■ttnsmitled,  the  cordial  .iml  active  ci»  opciaii 
the  disirit-i  attorney  m.ir.sh.d.  and  collector  ot'  the  ptnt  is  rei|ii; 
\uy  iiiforiu.t: ion  that  von  ma<  olnain  in  an\  manner  which  yon  drcm 
Nvorth.v  of  any  notice  should  lie  imnu'diatcly  <'ommnnicatid  hy  mhiim 
the  district  attorney,  and  also,  if  iclatiu;.:'  to  a  \essel.  pi  the  eollecinr  nl 
the  port.  It  IS  not  deemed  hest  at  present  to  anthori/.e  or  icipiire  \iiii 
to  eino';»y  dctediMs  for  t  he  special  purpo.s*' of  diseux  eriny;  vioiaiioiis  nl 
th<     provisions    o{    this    •jet.  'out    _\oU  arni    your    depUiies  arc  tApeeleil  te 

receive  ail   iiit'orMi.ttieu  that    nciv  ln'  otVered.  and  tt»  lie  ,(tl»nii\  e  in  ,il! 


oil    III 

'He. 


!7lsi    wl 


nr-ittttsof  -uspieioe  that  come  w  iiliin  \onr  know  led, i;»'.  and  in 


;i-r 


(C!e   \Mur  actnui    is  reipuicd.  to  lie  vi;;ilant.  *pro(npt.  ai 


it  elli 


Hi 


cieiit.     t  v\  ill  thank    \o<i  to  commanieate  to  nu>  tVom  time  to  tinii' 
ai)\  ititormaiioM  tliat  \on  de<-m  trust  worthv    and  impoitunt. 

TIm'  loeal  odiecis  are  in  no  evt-iit  to  wait  lor  insi  riiet  ions  beiorc  acting 
in  eases  where  lli  *y  are  con\inced  ihat  a  violation  ot'  tliis  act  has  heiii 
('(xniaitted.  and  «  Imtc  delay  may  tirevenl  its  punishment,  hut  arctoact 
at  oiiee  upon  tilt  ir  oesi  jud^niiciit,  and  iinm''d:atei_\  to  report  such  action 
to  thi-  oilice.  f  oiaiiiuniial  ioii.s  tiim  _\oi".  uulcss  caihd  lor  h\  olln'i 
Departments,  oi  unless  the  sultjei-f  if.Jtter  neriains  ;»ai  ticulaily  losiuli 
J>eparUueiit.  shou'.d  In-  made  to  t  his  oili.-e. 
Very  rc--peetiull\ , 


i;.    l:.    i.O.Vl! 


Fi;an<i.;  (,'.  I'..\i:i.u\v,  l'.i<\. 


.lti<>nnii(iti>cnil. 


[7U>j        •  U»-   Il'Hn:  Attonut/dt  ii>,(fl.  U>  Mr.  Fish,  Siortiirif  of  Shitr. 

Attojjnkv  (ii'.M',i:Ai,"s  Oi  riii:. 

Su! :   1  have  th»' honor  to  iicknowledyre  the  receipt   of  voiii    letter 
'ilie  loth  iiisiaut.  inclos'u^  a  eopy  of  a  translation  of  a  note  ot  tiic  I. 


Hi 


'.\N\  I.Nd 


I'lUMKK    CASE    OF     liii;    IMIKli    SIAIKS. 


::;i 


iMl.^rrss  (if  i>|s. 

t   ol'    liCl'SilIlN  ;,i|(| 

(•iVrctfil    1>\    till' 

It     Ol'     liiici     .tl'    ill- 

lisirifi  uiiuiih ;, . 
piirsuiiul  to  iiii> 
iin'  !»  «»r  this  ati 
ill  liavr  ciiipiiu 
s,  i>r  the  iiiiliiin. 
1 1  'III  1:.'  iiii|Mt>i'' 
J  111  vcssi'ls  eel' 
lis  Lu  lU'luili  VCS- 

t<»  !»('  iiistituti'il. 

M'   (Iftl'lillilH'ii   lt\ 

i;iy  in-  Kiiuw  II  III 
iials  It)  (mII  ii|in!i 
ic  ^i'r\  let'  ul'  |iru 
:IM  this  U|M>ll  till' 
••-I'  Si'tMialis  .siicli 
:  and  \t>!;  iln  no! 

ttl'  1  Ills  ;ict .  iW  ill 
r  CO  (»|H'i';il  ioli  ul' 
jMir!  is  ii'(|ii;siti'. 
u  iiirii  VHii  (Ici'iii 
iratfil  \>\  \  III!  Ii 
I  t  lie  t'(il!r<  fi'i'  111 
oi-  rcijuiif  >iiii 
iiy:  \  itilaiiiiiis  (it 
arc  c\|icct<i|  to 

;!tlcMti\i'  io  .iH 

l;:^,  and  in  c;ivi> 
iiiiiii|it.  and  ctii 
iiiM  time  to  tiiiii' 
ant. 

IIS  hcl'orc  acliii:; 
lis  aci  lias  Itfcii 
t.  lull  arc  to  act 
i(»rt  such  action 
il  lor  li\  oiliiT 
icidarlv  '<>  siirli 


.oAlt, 

CI  /ii>l(hiici'<il. 


ini  III'  Sliilf. 
(Mini;, 

lotc  o!    tic    l-ll' 


iii>laiit,  aildic.  >"mI  to  tin'  Dcjiai  tiiiciit  of  State  l».v  ^Ir.  I"-\  aiish'  La  IJocljp, 
ciiai;;!'  d'alVaiics  ni  jf.:;  ti,  all  iclatiii;,^  to  the  steamer  I'loiida  at  <  'Iicstcr. 
j'(  iiiisN  i\  aiii.i.  A  cojtv  of  tli«"  traiolaiioii  of  the  note  has  hccii  l»y  me 
sent  to  the  Si'cretarx  of  the  Treasury,  thai  he  may  issue  any  iiistriietioii.H 
111  till  (itlliM'tor  <•!'  the  cu>toi!is  f(.r  ihe  re\(!iiie  distiict  wiHiiii  uhi<-li 
{  iicstci'  is  siliialed  that  he  •leeiii>  Ite^t,  1  list  I  uct  ii»ii>  lelatiii;;  t(»  this 
•  icaiiicr  lia\e  already  Iweii  sent  hy  tliis  «ii'Hcc  to  the  inarsha!  and  at- 
liiriicy  el"  tlie  I'liilcd  State>  lor  tin-  eastcn  distiict  «»r  I'cniisylvaiiia. 

The  rnitcd  States  attoiiicN>  ,i!mI  marshals  are  iiislriict«'d  to  receive 
,i!iy  inlormation  that  ma\  U-  ittVcn-d  teiidin;:'  to  sliow  that  any  \iolatioii 
(ii  liie  nciiirality  laws  has  In-en  committed  <»r  atleiuptt'd,  .is  well  as  to 
lie  altcnti\  c  thems<lve>  toaii>  mattei>  ol"  suspicion  that  ma\  come  within 
liieii'  lviio\\lcd;^e,  i'.nd  w  iiciievi-r  complaint  is  made  a;;ainst  any  vessel 
III)  trn^'i  worthy  «'videiiee  siinicieiit  l^M'stahlish  helore  a  court  of  Justice, 
inoiialile  cause  to  helieve  that  such  vessel  is  |oi;'citalde  lor  a  violation 
III'  til.'  neutraiils  law>,  they  are  uistruded  to  tile  a  lihcl  and  detain  the 
M'sst'l.  The  piopriety  of  your  nitormin;'  Mi-.  la  llociie  ihat  he  may 
cniiuiMinii'ate  any  tacts  NMtliiii  his  kii<»wled;ie  rjlain^loa  \iolaiioiiof 
ilii  neiitrailty  laws  directly  to  a   I'uited   Stales   aitoriiey.  is  suiunitted 

tor  your  coii>ideraf  ion. 
;."i(»]        *\'i'i\  resp«'«ttull\.  voiir  olM-diciit  servant, 

!•:.  K.  IIOAK. 

.1  ttin  nnjlivHtrul. 
Hon.  II  \.\iii.i(t.\  Krsii, 

Snrrtlfff  of  Shift . 


Mr.  lh>i'i\   Affio'tieti  Grnff'if.  I"  .!/<■.  Fish.  S'lcnfo)'!/  of  Sfiifr, 

AnnicM.v  <;r.M;i;  \i."s  ()!  I KK. 

\\'itslilii;ltiiii,   Miiji  IS,   \:<i't'.}. 

Sii;  :   1  ha\e  tlM>  honor  to  acknowledge  the  receipt  of  your  letter  of 
this  dale,  iiichoiiiL.'' ::  '"opv  of  a  note  of   the   I. Mil   instant,  addressed  to 

vniii   hcpartmeiit    liy  Mr.  Kvan>«li' La  l»<M'he,  lelatixc  to  the  ii nf   de- 

I'litm.    iVoiii    llo>toii  of  an  armed   \e>>e|  osiensilily   tor   .lamaiea,  1ml 
ii.iIIn.  a-«  Mr.  I.i  l.'oche  char;:^*.  tor  .'^1.  .Marc,  in  lla,\ti. 

Iiistriii  I  ions  :ippi°)>pi  iate  to  tile  (Mv   lia\e  this  da,\   Itccii   sent  to  the 
'  iiiteil  Si.Ues  attornev    and  marshal  tor  the  district  of  .Massachusetts. 
\'c:v  rcspecilulK.  \oiir  olHMlic.it  .>ei\aiit. 

i:.   K.    IIO.MI, 
Attnincy-ariu-ml. 
Hon.  Jl  VMfJ/InN  FlSTT. 

SicttttitQ  (>/   Slate. 


Mr.  J'ialt,  Stcrtltny  of  Slatt.  tn  Mr.  Miimif/. 

J>l.r\IMMKM"  ni    Si  A  ri'„ 

'M  I        •.Sru:   I  Inue  reeeived  \on|  letter  of  the  L'Sth  .Inly,  asUiii;?  me  to 

auree.  on  (he  part  of  this  |l»*|,aitment.  to  the  delivery  Itv  you  of  an 

Hilled  vessel  to  the    ilaytiaii  Kepiihlo-  in  iIm-  harlmr  ol'  lN»rt  au  I'riuce, 

"ilhoiii  inolestation  on  the  \o\.i^e. 

Ill  rcpl\.  I  lia\«'  t«»  .Hiiy  that    ilicre  lUien  not  appear,  in  the  case  tli;U 


!' 


1i1  i 


i:\2 


TUKATV    OF    WASinN<;To\ I'AI'KRS    ACrOM5'ANYIN<: 


you  prosont,  lo  1»«'  any  propriety  in  an  inti'rtVrcncc  in  tliis  niatlci-  I»\ 
this  Di'partnu'nt,  tlu'  llaytian  nalioii  hoinj;  at  pt'urr  witl.  tlio  I  iiind 
States,  and  with  all  the  woih!  so  lar  as  we  have  any  t)ni('ial  autliciitic 
intdi'inaticMi.  If  a  slate  mI'  civil  stiif*'  prevails  tiieie,  it  is  one  (»!'  wlmli 
this  ( ioNeininent  has  taken  no  eo;;ni/ane(>. 
I  am.  sii'.  vonr  oln'tjient  servant, 

IIA.Mll/roN   II SII. 
K.  MuiniAv.  i:s(|., 

1;5l'  Front  stircf,  \nr  Yorl: 


Mr.  Fisli^  Sccretnri/  <>>'  Sfttfr.  fn  Mr.  h'nltrrts,  Spanisli  tniiiisfcr. 

lUA'xnTMV.yiv  oi'  Staii;, 

\\'(i.slii)i<itoit,  ihl(ilnr  7,  Is'iO. 

Sii:  :  The  Departrnenr  has  inforrnat ion  jhai  tlie  ironclad  Atlani;i.  ,i 
vessel  captured  dnrin;::  t  lie  lat«'  vcltclliou,  and  >old  hy  the  ( iu\  fiiiiiuni 
in  May  last,  is  now  littin;;  out  at  the  port  of  New  York,  as  it  is  undii- 
stood,  for  a  voyay'e  to  i'oit  .in  Prince,  m  Havti,  for  deli\crv  to  tlic 
Ila\tian  utivcrnnient,  with  which,  it  i.s  reju'esented,  an  e\ccntor\  run 
tract  tortile  sale  of  the  \csscl  h.is  Iweu  ina(l<;.  The  .\ilanta  is  id  \n- 
armed  and  to  <'arry  as  passcn;;c!>  one  admiral  and  other  olliceis  of  the 
llaytian  iia\  y.  This  information  is  ;^iven  Ity  a  citi/eii  of  t lie  rmfcl 
States  claiming;  to  lie  tlie  pioeiit  owner  ot'  the  vessel,  with  a  view  in 
olitain  the  sanction  of  this  (iovernmeiit  to  its  voya^^e.  it  is  coniininii 
cated  to  you  to  eiialde  you  to  iiistitiiU'  such  im|iiiries  and  i:ikc  >;ii(  li 
aciioii  as  you  iiia.\  deem  nece>>a!y. 

I  avail  myself  of  this  occasion,  sir,  to  otVer  to  sou  assurance^  of  n.y 
hi;;']i  eoiisiderat  ion. 

HAMILTON    riSII. 

Sefiol    I>oli  M.  hciPK/  I{(>!n:iMS,  tic,  dr.,  civ. 


[7.^i|  •coiaii:si'()Nin:N(  1-:  i;i:i,  ati\  i;  th  thi:  si'amsh  (HN 

noATs  AT  m:\v  vouk. 

ViirAtliniritl  I'uritr^hnSiTiitar'ju/SunjJo  Mr.  /V.s//,  ^cvntanj  oj  Stali, 

y\\\    hKfAiriMlAT, 

WflshiKiltoH,   Miljl    lo.    I>l'''- 

Sii; :   As  tin-  inclosed  int'orniatioii   ma,\  l)e  t)f  use  to  yuu.  1  be;.;  leave 
to  stMul  it. 

^  er\   lespeettullv, 

D.wii)  I).  iM)i;Ti:i;. 

\'irr  Ailmirdl,  (iir  tSrcrrhtry  of  (Ik  .Vf^w/. 
Hon.  I:  \Atn,TnN  FisiT, 

tSirrttiiri/  nf  Slntr. 


[Iiirloanre.) 

'file  S|iiiTiisli  Kovfi'iiini'tit  linve  rinitrarlc<l  fur  thirty  li^ht  iliaii};li'  itontH,  iil»'"<  '""' 
liniiilit'il  dihI  hixl.v  tiMiM  I'.'icli,  with  <fitii)ilr  m  rcwh,  .iihI  not  t<Mli,nv  i(\<t  tivi  li'ct  wali'i' 
ni' thtso,  lifttHMi  t«»  be  built   in  Ntw   Vurk,  by  PuiUDii,  Slack,  ;iiul  dlliiir*;  liti«'''»   '" 


COINTKU    CA^l-:    nl'     Till;    IMIKD    STATKS. 


733 


/roN  risii. 


'(  iniitistvf. 


lie  liiiilt  :tt  Mystic,  (iiiiiiccticiit.  l>y   M.illorv   jimlollnrs.     'I'lif  iMij^iiit  s  arc  t<»  1k> 
T.'.l]  limit.  I>,v  Dclaiiiiilfi',  (if  Niw  York.     Pisiiatili  to  l»r  ii'^fil,  as  tlu-y  an- \vaiitf(l  *iin- 

ini'iliiit)<ly,  ami  air  »«xpi'r|t>il  to  In-  rcailv   in  iViim  sixty  to  niiifty  days. 
Tliir"'  is  also  in  New  \i>vU  an  ailniiial  or  luinniniluir  of  tin-  S|(ani-<li  navy  l<>  sn)H'i'in- 
iciid  iln'ir  t'onstrnriion,  .and  in-  is  wailing  ortlns  riuiu  Havana  Ui   iniy  nilicr  Imats  now 
,A'\\   llilr — old  Idoclxadvrs,  i\  c. 


i/(.  Ihirls,  Arliin/  Secrefarn  *>/  Shite,  to   Mr.  Iii>hfsi)n,   Sicn'tdri/  «/  llir 

y  III- If, 

iM'.I'Mn'Mr.NT  OF  Statk, 

\V(is/iiiitjfi>ii.  Aiiijitst  ."),  IS(IJ). 
Sii,'  :  I  li;i\('  tilt'  lioiiof  to  iiiflosc  ;i  (raiisljiiitiii  of  a  note  n*('('ive<l  this 
day  tVniii  till'  iiiiiiisttT  iVoiii  IVmii,  in  wiiich  he  iiiloniis  tills  Depart iiuMit 
tinil.  a  state  n|'  war  slill  e\istiii,i;'  l>et\veeii  Spain  a  ■  t  I'eiil,  tlie  Spailisli 
jovniitiieiil  are  iie\  ei  t liel«'ss  eoiistniet  in;;,  a'  tlie  places  iiidiealed  in  Iii.s 
note,  thirty  j;iin  Ituats  ecpiipped  for  war,  wiiieli  inav  lie  used  to  tlu'detri- 
iiniit  ol    Tein. 

Iiistiiietions  lia\e   Iteeii   sent    ity  llie   ,Vt  toiiiey  ( leneial  to  tlie  disi  riet; 

iititiiieyof  New   York  to  take  a<'tive  ste)>s  fof   picvent in^"  t he  sailing;' 

il  such  of  tlie.se  <;iiii  l»oats  as  eoiiie  within  his  jiuisdieli(Ui,  and  1   have 

now  to  itipiest  ot'llie  Na\y  Departinein  to  diiect  the  na\al  t'oice 

7">*>|    in  til-   hay  and  harliof  (»t'  *New  Voik  to  co-operate  with  thai  olli- 

ccf  in  what  he  ina,\  do  to  cany  out  lii^  instructions. 

I  liaxc  the  honor  to  he.  ».\;c., 

J.  C.  i;.  D.WIS, 

Acting  i<icvetanj. 

Sfcrrlari/  nj'  fhr  Xmii. 


ii^*l 


^  in  A(liiiir>(l  Poifrr.  lor  Stttiiiirij  oi'  lla  A"*//,  to  Mr.  Fish,  Siintdn/  ol' 

'state. 

N.'vv  I)i:ivvi:tmkxt, 

\V((.slil)i!itini,  .{iKjiist   \.  1S(]0. 

Sii;  :  T  liaxe  tlie  liotior  to  ackiinwlcdm'  tiie  receipt  of  yoni'  euimuniii- 
i.iiniM  ill  relation  to  the  Spanish  nun  l>oat>. 

<Mdcr>  have  heeii  issued  to  the  coinniandiiio'  oflicer  at  New  York  to 
:dVoid  all  the  aid  in  his  power  to  assist  in   prc\eniino- their  de|iartiire, 
Hid  three  lucii  of  war  ha\e  Iteen  ordered  to  that  place. 
1  ha\t'  the  honor  to  he,  ^r., 

i».\vii)  I).  I'DirrKK, 

/"('/•  Sivrtfurfi  of  \<n'i/. 
lion.  li.vMii.roN  l"'isii, 

Surctary  of  Staff, 


•/  .  Fi'lil.  Ai'finn   Aftornin  don  r<(l.  to   Mr.    Ihiris.  Avfinti  Secrcfani  of 


StKtt. 

ArTow.>Ev  <Ii;nkkai /m  Okku'e, 

WoHhinfftoii,  AinjHst  4,  l.SUfl. 

^11? :  I  have  receiv«Ml  ytui.  h'lter  of  the  .'Wl  instant,  with  a  c«)py  of  the 
""I''  oi'   the    I'eruvian    minister    iieloHod,   all    rehdiiifr    to   tlu»    S[»!in- 


I'M  TKl.ATV    OK    WAsniN<;TnN I'.\l'i:i;s    ArCoMI'ANVINt! 


Il 

If; 

,i,'  »■* 


[7.")(>|  ish  ;rini  Itojits.  On  ilic'Sd  iiist;mt  I  sent  to  tlic  iittonicv  oi'  'tlic 
I'liitrd  St;it«'s,  ;it  N«'\v  York  City,  ji  trlc^^ram,  of  wliicli  ;i  coiiy  is 
iiii-losttl.  iii;ir!vctl  N<».  l,;iinl  rccfixcd  tVnm  liiiii  tlic  siimc  <l;iy  ;i  tflc^iinn. 
»)|"  W  liicll  a  ropy  is  iliclosrtl.  niMlUctl  No.  L'.  I  Iiaxc  today  rcrcivcil  ;i 
t«'h';;ram  from  tlir  niaislial  ol'  tlir  I'liiti'd  States,  at  Nru  \\\\U  ('ii\,,ii 
wliicli  a  coiix  is  inclosed,  itiaiked  No. .'..  If  the  sii,u,i;cstioiis  (Miitaiiicil  in 
tlic  tcIcL;raMi  of  the  maislial  are  not  approxcd  hy  the  I  Jcparlimiii  ol' 
Slate,  will  yoii  l>c  so  kind  as  to  iiilonu  this  ofiicc  of  the  action  dcsiivd 
by  that  Department  .' 

\'ei  \"  ic>pe«'llullv.  \"c.. 

W.  A.  I'li;i.i). 
Actimj  . I  Itonii  iidi  iiciiil. 
Jlon.  d.  ('.  P..  Dwis. 

Actiinj  Ktcrititni  of  Stuti'. 


[  Iiiclii-iiin-  \n.  1. 1 
Mr.  Fit  hi.   Arl(,i^  Attiiini  ii<i(  lutal.  til  Mr.   I'ltrrrjumt,  ilistrlcl  attiumtj. 

[TclcL;raiii.  J 
AitmknkvC.  rvr.lJAl.'s  ()l  Iiri;. 

\\  il.shi lUltoH.   A  IKIKsl  '.'>,    |sti!l. 
Hon.  K,l»\V\i.M»S  PfKIJlir.l'oNT.  J'nltnf  Slufrs  Atlnrnnj,  Si  ir   YmJ;  ("itij  : 

Tlic  Sccrciaiy  ot"  State  iid'oi-nis  this  ofiicc  that  the  rciiixiaii  iniiiishi 
lias  !!o!ilied  him  that  a  state  of  war  still  exists  hetwceii  I'ciii  ami 
Spain:  that  the  Sp;uii>h  /^t'^cniinciil  has  ordered  the  Itiiildiiii;  w  iliiiii 
the  I'nited  States  of  1  hirty  ^iin  hoats  e(piipped  for  war.  lillccn  .if 
[7."»7|  •whiih  are  iMiddiiij;  in  the  ship  yard>  of  the  Mystic  lii\ci.  t'oii 
nectictil.  ten  in  I'oillon's  yards.  UiouUvn.  New  Nork,  Imir  nT 
w  hie':  la^t  ha\c  liccti  laiuiehed.aiid  arc  ai  1  ►  •lainati'i's,  rccci\  in.;  cii^iiic-^ ; 
a!id  five  ;^iin  boats  ari'  Imiltliii;^  at  (Irecn  INiim  :  and  llial  ilic  Presidtui 
•iesircs  that  \oiiai"t  prinnj»tly  and  pri'\eiil  the  sailing;  of  aii,\  of  llusc 
j.'mi  boats. 

w.  A.  pm;i  I). 

AcdiKj  MtoriKii  <ii  III  itil. 


[IiiclitHuu-  N  >.  ',•.  J 
Mr.  I'lrrrrjicDt.  'tistrirf  'iffnriirii.  to   Mi.    Untii,  Attorttnt  *ir)ir>'"^ 


[Til  eg  rum.] 

X.iw  Y(»RK.  AHtmut  \  '-^^ 

ATTnl.'NF.v Ck.nki  af.,   Wmthinntnn  : 

Voiirs  r»'eeived.     The  Spanish  ;4nn  boats  \\ill  be  Mtn-sM-d  'Irisdax 

t:i>\\  AKi>s  i  ii:ii!ii:poNT. 


ANV1N(5 


COrNTKli    CASK    OF    I'ilK    IMTKl)    STATKS. 


ioD 


iit1(triM'\  I)!'  Mill' 
wliicli  :i  copy  is 
•  »I;iv  ;i  t»'lcj;iiiiii. 
•day  iTccivcil  ;i 
I'w  Vol  Iv  ('il\.  .ii 
ons (MiitMiiinl  ill 

I  )t']i;illlll(lll    nf 

y  aci ion  devil.  (I 


.  IMi:i.l>. 

[(>)■/((  H   ill  IK  llll. 


[Imliisiirc  No.  I'.] 
Mr.  r>((rhn(\  Cnllrd  St<it<s  iiKtr.slutl.  to  Mr.  Iloitr.  Ationwy-iivmrnL 


['I'l'lv^nnii.J 


Ni:\v  Y(>i!K,  AtitiKsf  4  lS(;i» 


ATT<ti:M'.\   (iKNKi: AI.,    WksIi ! ii;ltoii 


;'i'>>\        *1  do  not  tliiiik   il  woilli   while  to  stoji  woilc  oil  tlio  Sjiaiiisli 
^j^mi  l)oals,  at  Ira^^t  until  they  aic  iicailN  ready  to  sail.    'I'licy  caii- 
iKtl  leave  until  we  are  williiij;-,  and  it'  I'eleased  the  dainaL^es  toi  ^loppin;;' 
\si«rk  wctiild  he  hea\\.      IMease  tele;;ra|th  if  this  is  not  sal  istaefory. 

IKWNCIS  <'.   i'.AK'LOW.' 

L'nitul  ^S((lU.^i  Mitrsltal. 


Mr.  I>in-is\  Acfiini  Srrrcfdyi/  i>/  Stute^  In  Mr.    f'!i  rrcpmif.  ilisfrirf  (iffonifi/. 


[rilr^raiii.  ] 


ili.slrict  (dloriii  ij. 


1)1  I'K  !•;, 

AiniKsi ;;.  iMiii, 

\'i  ir   )'iirl:  Cilil  : 

ernvian  riiiiii-^tci 

Iweeli    I'ein    ami 

l.uildin.i;  williiii 

•r  war.  tiliiTii  >i| 

ie    l;i\er.  Cull- 

York,  lour  of 
i\  inn  eM,uint's ; 
1  ihf  I'liNidriil 
•  r  an\  ol'  tlii'M' 


re 


a 


I'lKl.h. 

in  IK  II   'h  /"  '"'• 


ilf*  <#t'«('W<l»i 


t  ,•     V,    .'  s«>'.t, 

.1  'his  day 


1)i:iv\im'Mi;ni"  of  Siatf,, 

Wu.sliiiiijlitii^  AiKjiisl   I,  ISIVJ. 

Hon.  I'.iiw  AiM)s  l'ii;i;iM".!'(t\T. 

I'llUrd  Sliitiy.   hislricf  Alli>ril<iu  Xnr    York  : 

The  Aelin.u'  Seeietary  of  the  Navy,  at  the  re(inesi  ofihis  Departiiieiir, 
>(  >trrday  oi'deied  the  eonuiiandant  at  New  York  to  ael  under  your  di- 
icftioiis  in  the  nialter  (d'  the  Spanish  ynn  hoats.  The  dnniata.  the  Dale, 
ilie  Dictator,  the  I'rolie,  and  smne  arnn-d  tn;:s  are  read>  to  eo  ()perate 
'A itli  \on. 

.1.  ('.   v..   D.WIS. 


1/c.  Il(\rliu(\  rnttiil  Stolis  intirsliiil,  l<>  Mr.  Umir.    [flonnii  (hmnil, 

r.MTi;!)  SlATl'.S  MAIISII  AI.'S  Ol'l'K  !•:. 

Sin  riiiaiN  DisnjKi"  "f  Ni.v.   Y(U:i\, 

\f>r    \<trL\  Ai(iiiif</  I,  IStlO. 

i"i!'J  *Sii::  I  have  the  honor  to  repoit  that  Mr.  < '.  1 1.  I  ^elaniater,  w  ho 
owns  a  foiiinlery  on  the  Norih  l»'i\er.  foot  of  West  Thirteenth 
-'reef,  li;is  ;i  contract  with  the  Spani-^h  ;^o\ finineiit  tor  the  constrne- 
tiiMi  ami  deliver\  to  them  ol'  thirlv  ^nirltoats, 

I'lltceii  of  these  he  cansed  to  l»e  Wnilt  at  Mystic,  ronnectieut.  and  lif 
1'  "11  :il  the  ship  \  ards  of  Toil  Ion  and  Stack,  the  former  at  ll'.'ooklyn.  an<l 
die  latter  at  (Ireen  i'oint.  \VdiiamslMii';:h. 

I'i;;id  of  llie  N«'w  York  hoais  are  launched,  and  aic  1,\  in;.:-  :it  Helania 

t<  r's  loiiiiderN .     Of  these,  four  ha\e  in  nmie  (»r  less  tit"  their  machinerv, 


,iii( 


I  loin  are  Just  as  t  lie\  «anie  from  their  stocks.  Of  those  at  M>sti«'. 
'""I  are  lannchi'd,  antl  the  rest  mi  the  sto»'ks.  They  are  tti  Iw  l>r<Mi;;ht 
'•»  l><iainater's  l«»r  their  niachiners  as  fast  as  lannehed. 

It  will  he  seen  that  the  assistance  of  the  Na\y  and  the  \esseisof  war 
iiH'iitioned  in  the  tele;;iain  to  the  disttiel  attoiiu'N  are  not  ne«'d»'d. 

lids  uiornin;;  I   sent   to   Mr.    I''ish,  at    ( iarrison's,  a  dnplicate  of  tin* 

■'•'"jirraii;  whieli  I  sent  yon.  tonchinf^  allow  in|;' work  to  he  eomiiMnd.    Il«' 

■ivvviTs,   "!>»)  so,   ii'  it   <anno;    he  consti'ned  .is  a  waivei'  ei    iele\si\*' 


I 


m: 


TKKVrY    np    WASIIIXCTOX— I'APKIfS    ACCOMI'ANYINC 


[7(50]         As  \vr  liohl  tlifin  at  present  by  the  power  of  *tlio  (lovenmi 


cut 


and  noi  lt\  \  irlue  of  any  writ,  ii  is  clear  to  nie  that  oiir  allnwiim' 
tlie  Work  to  he  eoiititined  cannot  alVect  ns  in  any  way.  and  tlicr( foif  | 
siiall  allow  the  worU  to  he  t-ontinned.  (nnt il  tliey  are  sonn'wlicrr  immi' 
«'onipletioii,)  unless  otiierwise  directed,  and  I  shall  allow  the  \esM'ls  as 
launched  to  he  hion;,dit  iVoni  I'.rooklyn  to  Delaniater's  yard. 

.My  idea  wonld  he  localise  no  nnu'c  dania;.;(' than  possible,  consistcuilv 
with  the  safety  cf  the  ve«isels. 

I  ii.-.^lre  to  sul)init  toyoiwconsidcrati<Mi  the  (pu'stion  whether  we  shall 
allow  the  boats  at  M>sti«-  to  be  hion.uht  to  New  York. 

I'nless  othcrw  isc  directed,  i  shall  allow  llieni  to  be  bron.^ht  here  wIhu 
launched  and  tinished,  (u]»  to  such  a  point  that  th(>re  mi;; lit  he  daiiL^cr  nl' 
their  e.sciipinn  under  in>  >upcr\  ision.)  and  when  tinished,  or  neaily  .so, 
the  question  of  their  detention  can  he  linally  decided. 

1  shall  lia\e  to  put  .some  men  in  charge  of  them  as  keepers. 


\vr\  respt'ctlully, 


Hon.  !•:.  \l.  \\i<\u 


J'i;an("1s  r.  i;ai{!.o\\. 

L'niiol  Slit  ft  ,s  M<ii.slt(tl. 


Allium !/-(ii  ID  itil.   WtfxhlinjtoH. 

"yiw  I'ish  a<l<ls  to  his  tele;,Mam  as  a  »|nalilieation   lo  (he  jn  nnissi 
continue  the  work  i>n  the  .^un  boats.  ••  pi(t\  ided  it  in\  ol\-e>  no  e\pei 


Mil    !.| 
1  SI  ■  III 


llu'  Inited  Sr;it( 


FGl 


stopped. 


'I'heif  will  be  the  e\pcnse  of  keepers  on  the  vessels  any  way. 
hut  ie>  ;4i-caler  expense  in  case  wo'k   be  continued   tha.i   if  it  It 


.1/*'.  Palis,  Acting  Stcnttirif  of  Stuir,  U>  Mr.  Jidiloic,  i'niltii  Shihs  nii(f.slii 


l~'T 


DiwAiM  Aii'.NT  oi'  Statu. 

Wiisliiiuiton,  Ainiiisf  I,  l.sti'.i. 

Sill:  1  iiM'h  se  a  eopN  of  a  note  ri'ceived  at  this  Di'paitment  Irom  tin' 
l'eru\ian  minister.  ac<|Maintin;;  this  (ioveiinneiit  of  an  intendetl  vin 
lationofthe  neutralit>  laws  i>y  S|)ai!i,  in  the  con.stiiiction  and  et|Mi|i 
inent  w  ithin  the  territor,\  and  jurisdiction  of  the  I'niled  States  ot"  thul> 
arm  ft  I  ;;nii  li<i,!!^  toi'  the  use  oi'  Sp.iin.  w  hih  a  stale  of  war  e.vists  luiwctii 
rem  and  Spain. 

At  lie  iiMpiest  of  ;his  Depaitmeiif.  Mr.  I'ieiicpont  has  been  iiisti'Mctnl 
by  tile  Act  in;;  Atti>iiie\  (leiieral  to  tak«'  immediate  ste|»s  tbi  the  tleteiitinii 
of  such  of  tin  se  \es.sels  as  are  in  ids  district.  The  Na\y  Departnieiii 
will  <'ooperare  with  vtMi  in  this  new  elVort  to  prexcnl  a  \iolati<»ii  ot  the 
laws  t»f  the  ruitt'il  Stales,  and  I  h.ive  (Uily  to  add  that  tlie  I'residdil 
desires  thai  the  same  comnieiidabli  \i^(ir  which  .\ou  lia\c  hitliert«Mlis- 
played  in  pioie«tiny;  the  neutrality  of  the  I'liited  Stales  mi.v  be  slmwi. 


in  the  {iresent  ease 

jTOL'j        *1  iuu,  sir,  &{•.., 


Kl{A\ns  ('.   iJAIM.nW  ,   Kstj., 

I  lilted  Sfittt*!  MufKhttL  Xew  lark. 


.1.  C.   W.  I) W  IS, 

Avtituj  Sariffu'll. 


vlifthcr  \\v  slia! 


corNiKK  CASK  oi"    riii;   rMiKi)  siati.s.  737 

Mr.  F'nIi,  Sn-yrttiri/  ttf  Stuffy  to  Mr.  li'ohrsnn.  Scartftri/  of  tin  X(tri/. 

l)i;i'AlM  MKNT    nl-    SrAli:. 

W'tisltiiif/ti'tl,  Aki/iisI   10,  ISJiiJ. 

Sik:  Tlic  I'lcsidcnt  liavin;;  ilrcitlcd  to  traiisln  tlii'  custody  of  tlic 
>|(;iiii.>li  .:;iiii  lioiits  sci/cd  for  a  \  ioliitiniiof  tlif  neutrality  law  to  the  Navy 
|)(|iiii  liiiiMit,  I  have  flif  honor  to  inloini  you  that  thi-si'  M'sst-is  afc  now 
i;i  ihc  possession  and  custody  of  l-'iancis  ('.  Ilailow,  »'S(j.,  the  marshal 
l(ir  the  >oul  hern  district  of  New  N'ork. 

Tiiciou  tract  or  isc(»nstructiiiji'  them  for  the  Spanish  i^-oNern  incut.    I'Nhii' 

nl'lliein  are  at  Delamatci's  yard,  al  the  foot  of 'riiirlcciit  h  street.  North 

li'ivcr.  In  the  harlior  of  New  XmU  ;  live  are  at  (Ireen  Point ;  six  are  at  Poil- 

iaii's  yards,  in  ISrooklyn,  and  lilteen  in  .M,\stic  i;i\er,  in  ( 'oiiuect i<'Ut,  all 

111  I  lie  custody  »tt  keepers  appointed  liy  t  he  marshal.     I'hc  oriniual  seizure 

\\;is  made   under  an   (uder  from   the  Attorney  <ieneral  to  the   district 

attorney  lor  tln-'southeiu  distiir'f  (»f  New  \o\U.     \\i\\\\  the  distiicf 

rii.'lj    attoiney  ami  the  marshal  ha\e  recci\«'d  oi'ders  to  surrender  tlic 

vessels  into  the  hands  ot  su»'h  ollicers  of  the  Navy  as  shall  lie  de.s- 

i;ii;ited  hy  you  to  r«'ceive  them. 

Tlic  rrcshlent  desires  you  to  pre\cnt  these  vessels  from  sailiujjf  till 
111  lliiissiou  is  ;;i\eli  to  do  so. 


1  have  the  honor  to  be,  &('., 

Hon.  (ii;(Hj(;i':  M,  li()in;.^<»N, 

Sicntiuy  of  I  lit-  \ori/. 


JI.^.^JlLTON  FISH. 


(/  Stilli<  lll(t-sl 


jlmenl  iVtim  tlic 
n  inlciidctl  \it>- 
jlioii  and  ci|iii|> 
Istalcs  of  lhnl> 
•\isls  beiwc'ii 

hiccn  insiractiil 

,1  ihcilcicntn'ii 

|\y    Dcpartniciil 

iolatinu  of  tlic 

lac    rrcsidtiil 

o'  hillu'rto  dis- 

mav  he  sliowr. 


Mr.  FIslij  Scrrftnr}/  of  Stdtr,  ^»  Mr.  Hour,  Attoruri/Getttral. 

DKI'AWTMKNT  <)1'   SlATK, 

Wtishiiifiion,  AtHjiist  10,  \Si]\). 

StiJ:  I  have  the  honor  to  inclose  copies  of  letteis  to  tli<'  district  attor- 

ii.\  ;nid  marshal  foi-  tlu'  southern  distiict  of  New  York,  dated  this  day, 

iiMiiictiiii;  them  to  turn  ov«'r  the  cirst(»d\  i>l   the  .spanisli  ^nn  itoats  to 

ill  N;i\y  Department,  hy  onh'r  of  the  i'lesident.     I  will  thank  you  to 

.i^«>nnilar  directions  to  these  otlicers,  w  li(»se  pi-oceeilinj;s  were  ojiy;iii- 

Iiil'ili  \  oui"  (Uder. 

1  lia\  I'  t  he  JKUior  to  he,  ^r., 

JIAMIITON  IMSII. 
linn.  K.  i;.  Ilovi;, 

Attoriny  (ii'iirral. 


[hH'losim-.] 
Mr.  Fish,  Sfcntarif  of  Sttitc,  to  Mr.  I'icrrrjunit,  ili.styirt  iittonici/. 

'•dj  •  1)i;pai!tmi;nt  of  Siaik. 

Wa-shitt'itoii,    \iiifiist  10,  ISdlK 

^iu :  I  have  to  aeipiaiiit  you  that  the  President  has  «lecided  to  |)Ijum> 
'I't'nistody  of  the  j;iin  boats,  seized  and  held  by  Marshal  P.irlow,  here- 
'"'1  Willi   the   Niivy   Departuu'iit.     Voii   will,  therefore,  so   far  as  you 
»7  A 


I 


!' 


(.) 


l<i 


IK'r.ATY    nr    WASIII\(;T0X I'.M'KIJS    AC((»MI'A\VIN(i 


liavc  coiitml   uvrr  tlicin.  ildivrr  tlu'  cusftMly  of  tlicin  to  such   n{] 
tlu'  N;i\  V  iis  sliiill  he  autlioii/.ril  to  ii'Cfi'.r  tlinii. 


ICflS  (, 


I  ;iiii.  sir,  \<' 


Kdwauds  ru;i;i{i:i'«)M'.  I!s(|, 


HAMILTON   risii. 


i'nitui  Sti(t(.s  It'istiht  Attonmi,  \rir  Vorlk\ 


[III.] 


oMiri' 


Mf.  /•Vn7<,  iSrctrfttr!/  of  Stdte,  ^»  Mr.  Ilorhur,  rnlttd  Shitrs  murslml. 


I>i:i'AIM'MFA  r    OK    SlAli;. 

Wii.sliiiijiluii,  Aiiiiiisi  l(t,  i>(;it. 

SlU:  I  ii.iM'  ti»  :i<-(|ii:iilit  vuii  tli:it  the  l'irsi<l«-iit  liiis  ilrclilrti  In  iilici 
tlu'  «Mi>loilv  of  tin-  ^11 II  Itoiits.  sci/t'd  :iimI  lirlil  lt_\  von.  licitMllcr  u  iiii  tli, 
Niivv  I  >f|»;ii  iimiit.  Voii  will  tlicirtoic,  so  far  as  von  liaNc  contiol  ii\c; 
tlu'iii.  «lrli\t'r  tin- <'ii^luily  of  tln'Mi  to  <\\r\\  ulUo'r.s  of  tlic   Nav,\  ii>  >ii,iii 

Ih*  autliori/.cd  to  iccrivr  tln*m. 
(7<»."»[  III  i'r;^ai«!  to  t  ill*    |tio|»os('(i  aiiiiaiiK'iif  foi'   t  liosc  *\  csscls.  wliicli 

voii  iiiulfi  stood  to  he  ill  pioiTss  of  roiish  net  ion  at  Cold  Spun;:. 
von  \ull  pli'asr  «-oiiffr  witii  tin*  )no|ti  ictois  of  tliosr  works,  ami  mi  ir 
(•('i\iiiL;  I  heir  assniaiici'  tliat  no  dfli\  civ  of  siicli  aiiiiaiiiriit  will  i»fiii;i(li 
v\itlioiii  siiHit-iciit  |ii'c\ions  not  in-  to  yon  and  tliis  l>(>|iartiii<'iit.  no"  '<<''.^ 
.xay  to  tlirin  tliat  yon  uill  not.  tor  tin-  pn'scnt,  Initlici'  inti'ilcic  witli 
tlndr  cariviii'r  out  llirir  contract. 


I  am.  sir.  «S:c 


FiJANCIsC.   liAl.'l.oW.   Ivs(|. 


MAMIi/roN    I'ISll. 


I  nitiil  Stntrs  Minslinl.  Snvfliim  l>istri<l  el'  .\iir   Ynil:. 


Mr.  llnrUiic.  I'ltlh;'!  Slafnf   mtirshal.  to  Mr.  Hour,  .\tfiiriii  iidnu  riil. 

[T.l.fjrain.] 

Ni:\v  V(»i:k,  .\>i;ii'^i  Kt,  l><l!i. 
Ai  lol^^l;^('IK^■l:l:AL,  Wd.shliiittnii  .- 

Will   yon   t»'l«'<,M;i|»li  tlic  ('onncciicnt   inaislial   to  laKi-  ('liar;zc  of  t! 
Sp.tiiisli  -nil  Itojits  at  .M\.-tic  .'      lie  tliiiik>  lie  iciinircs  oidiT-<  from  mi 

1"1:ANC  IS  C.    UAIM.OW. 

I  nihil  Shitrs   Miirslial. 


Mr.  Fi  Iti,  AitiiujAthnniy  Udural,  to  .Mr.  liarloir,  i'nilal  Stairs  uiorx. 


loil. 


[T 


cM'uraiii 


] 


\VaS1[IN(!T<iN.  AiKJtlsl  II.  !>!•'"• 
F.  ('.  IJaki.oW,  T'nilcfl  Shttrs  Mnr^lml,  S'nr   York  Cilil : 
7«<»)         *V«'stcnla\'s  tcl«';.'rain   rci-civcd.      Von  will   follow  iiisinictinii- 
of  tlic  Stat*'  ih'parl incut   sent    yesterday,  in   rc^rard  to  itiitim;; 
Spanish  gnnboals  in  rliarg*- of  the  Navy  Dcpartiiient.     The  ("oinurti 


(•OlNIKI!    CASK    <»F    TIIK    I'NITKI*    -TATF.S. 


730 


ii/roN  risii. 


riit  iiiinsliiil,  if  he  li:iv«'  (•liiiry:«' of  the  ;;iiti  iMiats  jit  Mystic,  will  deliver 
•lie  ciisIimIv  uI'iImmii  to  such  olliccrs  of  the  Navy  as  shull  lie  aiit lioii/ed 
to  receive  I  hem.  Show  this  to  tlie  «listii«*t  attorney,  ami  eoiiiiiiiiiiicate 
.tjili  tlic  (yoiiiiectiettl  iiiarslial. 

W.  A.  FIKLI), 
A'ttHff  Aitormii  (iciurttl. 


Sl((t(s  marshal. 


Mr.  Sinith,  Aclintj  Strn'tar}/  of  the  Xanj,  f»  Mr.  Fixh.  Stvrcinrtj  <>/  State. 

Navv  I»KrAiMMi:Nr, 

WiiJtliiiiffl'ni.  Aitijitst  II,   iSlj*). 

Sii;  :   I  have  the  Ixuior  t(»   aekiiowhMi;;e   the  reii-i|it  of  yoiii-  h'tter  of 
'III'  KMii    instant,  iiiid  to   iiiforiii   y<>ii   rh.ir    l:*'ar-.\diriiral  S.  W.  (lndon, 
(iiiiiiiiaiidaiit  oi    liie  navy  yard,  New    York,  lias  Imm-h   authorised  t(t  le 
i(i\e  the  S|>anisii  ^^1111  Ixtats,  and  lie  j;uidcd  In  the   l'ie>ideiit"s  instnu;- 
•iims  <'on«*eniinji"  tiiein. 
\'er\  respect  fidiv, 

M.  SMITH. 
Artiitij  S4crttnry  of  thr  .\((vii. 
The  Flon.  Hamilton  Fish, 

Sivrrtiiry  of  State. 


w 


'tiirm  ji  (jini  rill 


TllTJ    •.!//•.  Ihiris,  Avt'nuj  Si'iritiir\f  of  Stnte.to  Mr.  fi'irlmr,  Uniii't  Statin 

marnlial. 

I>KI*ARTMKNT   oF   STATK. 

Waxh'nujUiH.  Auijust  l.'J,  li^rtO. 

Sii; :   I  ;rive  yon  herewith,  for  your  infonnation.  a  traii«  ript  of  a  letter 

lit' 11  ilie  Acting'  SccretaiN  tit   the  Navy,  of  file  11th  in^-taiit.  tcjalivc  to 

'In  transfer  ot    the   Spanish  ynn  hoats  which    wen*  r«*eently  seized  by 

"idcrni    the  IMesidenf,  to  the  enstody  of  the  i-imiinaiulaiit  i>f  the  iiavy- 

II. I  ;it  New  Voik. 

I  have  the  honor  to  be,  &.V., 

J.  C.  IJ.  DAvrs. 

Art  (IK)   Srcrrtayf/. 

i'liANns  ('.  T.Ain.ow,  Ks(|.,» 

I'liltol  states  Marshal,  Xar  Y^-rk. 


(/  stalls  iiKtrshiil- 


V».  Ihfcis,  Acting  Sccntary  if  Stati.,  to  Mr.  II»tir,  Atturmy  (icnefal. 

Depaktment  of  State. 

WiixhtH'jtitH,  Amjust  l.>,  iSfiO. 

^iij :  I  ;j;ivo  you  liorewith,  n»r  yonr  infonnatioii,  a  transcript  of  a 
'Hter  from  the'  Aetiiij;  Secretary  of  the  Navy,  of  tlie  lllh  instant, 
Mativo  te  the   transfer  of  the  Spaidsh  giiii-lxxits  «|iich  wen*  recently 


(Ji 


•Mi 


mmF^m 


VI  I 


740  TKKATV    or    \VAS1II\(;T<>\ I'APr.h'S    A((OMI'A\VI\(; 


It! 


[7(58]    sri/«)l  I»v  oidrr  of  tlu'  I'lrsiilnit.  to  tlu'  <'nsto«l\  *<»('  tlir  <'(mimii;iii(| 
iiiit  ol  tlu'  iiiivv  Njinl  at  Mi'W  York. 
I  am,  sir,  ^;c., 

J.  (M?.  h.WIS. 

Art  ill)/  Sicntiini. 
Til.'  lion.  K.  U.  lloM!, 

Attnnirif  (hnmtl. 

[For  iiM'losurc  swantcj  p.  7.>'.K| 


i# 


J/r.  /Va/j,  Stvntnrif  of  State,  to   Mr.  liouiinll,  Svrntori/  of  tin    I'ltvsinii. 

J)ki'A1{tmi;m'  or  Siaii:, 

Wtifihiinitnn,  Srittniilm-  II.  iSd'.l. 
Sii;:  II:iviii<;  this  day  i'«>r('iv«Ml  iiitoniiatinii  wliirli  IraiU  inr  \n  tliink 
that  t>iH' of  the  Spanish  y:uiihoats  ,s«'i/nl  srvrial  wrcKs  >.iiir(' at  New 
York.  I)v  the  I'n'.siilrnt's  older,  and  subsctinrntly  (-otiiniitted  to  ilii' nis 
todv  of  th«' 4'oinniandant  of  tlic  navv  vaid  thnr.  is  in  rradiiicss  Ini  sn 
vicr  and  tna.v  attempt  t«)  depart  tlienee,  I  have  ihe  honor  to  sii;4i:r>t 
tiiat  siieh  instinetions  may  Ite  issued  by  your  Depart  inent  as  v.  ill  Iiinii'v 
the  «'\eirise  ot'  proper  \  iyilan«*e  on  the  pail  ot  the  eusloms  aulliuiific-. 
of  N«*\v  York  to  prevent  the  issninj;  of  a  elearanee  to  such  vessel  ^Imiilil 
applieation  tor  one  he  made. 

I  ha\e  the  Inmor  to  b(>,  ^Scc, 

HAMILTON   I  ISII. 
ITon.  ('iKoij<;i".  S.  IlnrTWiiM,, 

Sirrctdri/  of  flic  'iicosury. 


f  . 


Mr.  Fish,  Srvrctanj  of  States  to  Mr.  I'irrrrpoiit,  tlistrirf  nttormii. 

|)kiv\ktmi;nt  <>i  Sr.\ri;. 

[7(»!>|  *  ]\  iishiiifitoii,  S'rri  nilti  r  'J't,  l*^<l!'. 

Sii{ :   In  answer  to  your  h'tter  of  the  L'.>d.  I  sent  \oii  tlii>  iihtm 

iiij;  a  teh'^iiam.  as  tollows  : 

Tin- iiMUHf  >iiii  liiivc  itilo|it»'(l.  ii«  nii-iitioiif)!  in  yniii  lttt<r  of  llir ',':til.  i-<  ili:ii  \nIiiiIi 
wan  iliri'ftiMl  by  tin-  I'lfsidfiil.     'I'litn'  iia;*  Im-cii  no  cliimnr.  iiiid  iioni'  is  coiiliiniil.ili  il 

III  further  leply  I  have  to  sa\,  tiiat  in.tlie  ahseiiee  of  any  ieni;;nitii»ii 
hv  tl'is  tioNernment  ol  ltelli;;erenl  ii;iiits  to  the  insur;.;euts  ot  ('iil);i.  tin' 
only  ground  on  whieh  the  jndi«ial  proeeedin^is  a;;ainsi  the  vessels  Imiiii: 
built  Ity  Mi  Delamali'r  can  be  eondueted  or  piosetuf  rd  by  the  (loviiii 
liielit,  IS  tliat  deeided  by  the  President,  viz,  the  relation  lielweeii  S|i,iiii 
and  rem.  It  is  not  deemed  consistent  with  the  rharaeter  or  diuiiiiv  <•! 
the  (lovi'rnment  to  interpose  any  unnecessary  delays  to  the  Judit  i;il  pKi 
♦•eeilinjrs,  but  to  take  tlie  iu«ij;ment  of  the  courts  on  liie  «'ase  a>  il  >l;iinls 
and  abide  by  it. 

Should  ein  umstances  make  necessary  any  departure  Iroiu  the  line  nl 
conduct  indicated,  you  will  be  advised  thereof, 

1  have  the  honor  to  be,  very  respeettnllv,  voiirs. 

HAMILTON  I'ISll. 

Edvv  a r I)s  I  M  k  15 1{  I : pon t, 

i'uittd  iSt(itvx  Dintrivt  Attmncy,  Ncic  York. 


l»A\vi\(; 

(»r  the  (■iMiiiiuiiiil 

l.  I>.\MS, 
ctimj  Srvri'tiii'fi. 


t  !>/  flu  Tnvsinii. 
h  Ai  i;, 

fnilhrr  I  I,   ISC.'I. 

trails  IIH>  to  lliliik 
'Us  >\i\vv  at  New 
lllittcd  to  llic  r\\> 

rratliiicss  Im  sci 

honor  to  ,su;^'^t'>i 

cut  as  V.  ill  iiiNii'f 

•<toiiis  aiitlii'i  itir- 

iK'li  Vessel  sliiiiilil 


ii;h)N  I  isii. 


COIN  iKi{  TASK  or    riii:  i  \iii:n  siaiks.  7-11 

;70|    *Mt\  I'inn'itoiif,  liislrici  ttltoi  inti,  ttt  Mr.  I'Uh^  Stvrrtarii  of  Statr. 

Oil  hi;  ni'   riii;  A'n(iUM;\   oi    iiii;  r.Mii,i)  Staiks 
loii  Tin;  Sniniiij.N   Disiinrr  <n'  Ni;\\    Vokk, 

\n.  tl    i'lidinlK  I.S  stin  t,   .V»»/T»«//«<*  -."»,   lSr»l>, 

Sii! :   ^oiif  ii'tlcf  of  IJH'  L'.'mI  instant,  inclosing  topy  ol  Dclaniatt'i's  pro- 
tcsi.  anil  your  trlriiiani  ot  (his  ilati*.  an-  rcnMM'il. 

Tiif  ;iiin  hoats  wi'ii*  liltrli'il  as  I  statril,  on  thi'L'Sil  instant,  tln-y  wonlil 
III',  anil  n|)on  tlir  ;:i'onn<l  tnrntioni-il  in  that  h'ttrr.  I  snpposi' a  inution 
will  soon  hr  niaili*  to  irlrasf  t  hrni  on  Itotni.  .\s  a  matter  ot  roilisr  thry 
will  he  so  leleaseil,  pio\  ideil  the  lioinls  ale  sal  islaetor.N .  unless  the  <iov 
niuiieiit  tor  soiiM-  reason,  or  wilhont  reison  exeept  its  will,  ilesire  that 
llii-y  shoilM  not  lie  hoinjeil.  1 1'  t  he  ( io\  crnMieiit  op|io>e  their  release  oil 
li mil,  1  wish  to  he  aiUiseil  at  an  eail\  dale,  as  iliis  mil  he  an  iin|)or- 
taiit  i|Uestion  to  he  iletenniueil  on  a  motion.  It'  t  he  ( io\ei  inneut  are 
willing:  that  they  shonhl  he  released  on  hond,  then  in>  eonrse  w  dl  he 
MIA  dill'eieiit  Iroin  theeoiirse  whieli  I  shall  take  it  t  he  ( io\  ernment  do 
not  wish  them  so  released.      I  iliinU  I  ean  ;:et  a  speeial  adiiiiralty 

','\\    *tei  in  appointed   lor  an  eiirly  trial  ot   the  lihels.  and  thus  dispose 
of  the  whole  ipiestion  liy  an   early  trial  wilhont  an>   hondin;;.      i 
icsiMTttull.x  aw  ail  the  e\pies>ion  of  \oiti   Niews  III  the  premise>. 
Voiirs,  verv  respect  lull  V, 

i:i)\v.\i{i)s  iMi:i;i:i:iM)Nr. 

/  llit)  <l  Sliiti  s  .1  UdiiH  I/. 
lloji.   II  WIII.'I'iiX   I-'lSII, 

Sirrrtiiri/  iif  Sfofr. 


rut  iU(ttn\i  ji. 

n  Sr.vii;. 
mUn-  L'r».  IX»l!'. 

it    Null   tills  llieril 

•  •,';!(!.  II  iliMt  wliiili 

11-  It  n>liti'iii|>hll>'il 

t  any  reeo;;iiiti(»ii 
nts  ot  Ciiha,  IIh' 
lie  vessels  lieliii; 
I  hy  |!ie  (ioveiii 
n  hetweeii  S|i,iiii 
ler  or  dii:iiiiv  ot 
)  the  jndii'ial  |>iii 
ease  as  it  slaml^ 

•  Ironi  the  liii«' «•' 


ii/roN  1  ISII. 


.1/* .  i'lsh,  Sirnturi/  nf  Sfiih  ,  fn  Mr.  I'll  rrijunif,  tH.strirt  iitlnriu  if. 

iM.i'vi:  I  m:\i   i»i    Sr.\i  i;, 

WKsliiiiiftiiii.  .\inrmlii  r  'J*'>.  1S(»1>. 

Siu:  I  Iia\e  to  aeUnowled;:*' your  letter  ot'  tlieL.'."»tli  instant,  in  whieh 
Villi  aekiiouledue  the  receipt  of  miiu*  ot  L'.id,  and  of  a  telegram  Iroin  me 
"I  ilie  •Jlth  instant. 

\«iii    mention    that    the   ;;iin  hoais  i  hiiildiuii'   hy  Mi',  helamaleii  were 

iiii'leil  on   the   'J.'td    instant:   thai    you    suppose  a    motion   wdl    Ite    soon 

iii.hIc  Io  release  them  on    hond  :   that  as  a  nialler  ot'  eimrse  the\   will  Im- 

icIimmmI,  provided    the   lionds  are  sal  isfai|oi\ .  unless   the  <io\eniment 

I'll   some    reason,  or    without    reason,  except    ils    will.desiie    iliat    they 

>li()iiiil  iioi  he  honded.      \  on  w  ish,  if  t  he  ( io\  cninieiil  oppose  their  release 

<>!i  hond.  to   he   adsised   at    an  earls  dale,  as    this  will  he  an    important 

<l>ii's(iiin  to  he  detenu im-i I  on  a  motion  :  and  \ on  say  that  if  the  <u)\ t-rii- 

nu'iil  aie  w  illiuii  tlu'y  should  he  released  on  himd,  then  your  coiirst* 

mL'j    •will   he  very  ditVcrent    from   ihe  course  which  nou  shoidd  take  if 

the  ( io\ einment  do  not  wish  them  so  leleased. 

Till'  interfen  .ii  •  d  the  (ioveinmenl  w  iih  these  ;;un  hoats  was  induced 
ii|"»ii  i!u.  repn  HtMili<.ioii  that  they  were  desi;>iied  to  operate  in  \iolation 
"I  liie  neulraii'>  hiiy'ations  ot'  this  <lo\ernineiil.  The  iminediat*' 
l|'<>vih^  suijye^f  i  HI  was  a  renn»iisiiance  from  the  I'eruviaii  minister 
^"■'■ii'dHed  her-,  against  their  dep.irlure,  alleyinj;'  tliaf  they  wiu'e  armed 
W'sscls  of  wai ,  belonj^inj;  to  the  ;:ov  eminent  of  Spain,  with  which,  as  lit* 
''''timed,  the  repuhlic  of  I'crii  was  at  war. 

Till'  <lovernment   havin;:'  hecome  satistii  d   that  the  xcssels  do  not  he 

1 
"I'm  to  Spain,  (whatever  imiy  he  their  eventii.il  owuersliip  oi   ilestiiiii- 


•5*? 


^i^ 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


I.I 


11.25 


IIM 

IM 

m 

140 


M 
i.8 


1.4    111.6 


v2 


o 


//, 


W 


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% 


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Photographic 

Sdences 

Corporation 


23  WEST  MAIN  jTREKT 

WEBSTER  N.f    1 4580 

(716)  872-4303 


'7: 


) 


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^^.•^ 


■^ 


742 


TKEATY    OF    WASHINGTON PArERS    ACX'OMPANVING 


:r-i; 


,i  ? 


i'ir? 


tiou,  but  that  tlicy  aiv  tlie  property  of  :«ii  Aniorican  citi/.oi.)  in  dcfVi. 
t'lico  to  tlM'  claim  of  tlu'  Peruvian  pnerinncnt,  t]irou<;li  its  minister,  has 
autlioii/.ed  the  proceedinj^s  which  yon  have  instituted. 

The  (lovernment  does  not  desire  to  interfere,  with  tlie  proper  disnc 
tion  of  the  court  in  the  ailministratiou  of  its  «luties,  and  still  less  with 
its  decisions  and  Judj;Tuent. 

The  Tiesident  explaiue<l  to  you  jjersonally  his  \iews  and  the  attitude 
i]i  which  the  government  stands  toward  this  case,  and  he  knows  no  rca 
son  why,  if  the  court  decitles  that  the  v«'ssels  are  entitled  to  he  homhil, 
Mr.  Delamater,  tlu'ir  builder  aiul  owju'r,  shouhl  be  tlejjrived  of  the  riuln 
which  a  solemn  jud^iUUMit  of  a  court  shall  have  awaxled  him.      lie  dc 
sires  judjiuient  to  be  jiiven  on  the  n)erits  of  the  ca^e,  witiiout  luak 
[77oj    ill}:  it  an  excei)tiou  to  the  ordinary  administration  of  *the  conn. 
Your  suy^estion  of  the   appointment  of  a  spei^iil    adiiiiialt\ 
term  for  an  early  trial  of  the  lioels  meets  the  a])pr()val  of  this  depart 
ment,  if  such  appointment  can  be  nnule  without  interfer<Mice  with  piilt 
lie  interests  or  other  important  business  of  the  court.     An  early  deiisiou 
of  these  cases  is  very  desiiable. 

1  luive  the  honor  to  be,  sir,  vour  obedient  servant. 

HAMILTON  nsil. 

Ihni.  Kl)WAI{l)S  riKKlIKfONT, 

L'nitcd  f>t<(fi.s  Attonmi  fitr  ih<  Soufhcrn  JUstrivt  of  Neic  York. 


!    t^V 


i : .  'i 


1^^ 


Ur.  Tlarhnc.  United  t^fates  nKtr-shol,  to  ^Fr.  Fish,  Sccvcidrii  of  Sfntc. 

United  States  ^rARsiiAi/s  Ofeice. 

SoiTiiERN  District  of  New  Vokk. 
Xeir  Vorl:,  Xoronhrr '^il  ls(>!'. 

Sir:  I  liave  the  honor  to  report  that  on  the  eveninj;'  of  the  L'ith  in 
stant,  by  (U'der  of  Aw  I'nited  States  district  court  of  the  southern  ilis 
trict  of  New  York,  I  seized,  and  now  have  in  my  custody,  thirty  vessels 
known  as  the  Si)anish  j;uii  boats,  now  lyinj;'  at  f«>«>t  of  Thirteenth  street. 
North  liixer. 

1  have  tive  watchmen  enj^afjed  uiyht  and  day,  and  have  hired  a  fiii: 
boat,  which  is  in  chaij^c  «>f  one  of  my  deputies,  with  a  <iun.  iiunncr,  ami 
ammunition  on  board,  kindly  furnished  by  Admiral  (lodon,  comMiaiidiii;; 

the  navy-yard  at  liiooklyn. 
[774J        *I  have  arranged  a  code  of  signals  between   my  boat  and  the 
I'liited  Stat«'s  <iun-b(»;it    I'udic,  lyiiiji'  in   the  harbor,  in  case  any 
attemjit  should  be  made  to  };et  the  Spanish  vessels  to  sea. 

The  utmost  vi;;ilam'e  shall  be  exer(;i.sed  by  myself  and  deputies  to 
l)revent  the  escape  of  these  j;un-l»oats.  In  tliis  matter  1  am  iiieiiiriim 
an  expense  of  >«■>•>  per  day. 

For  ju'itect  security  1  .shouhl  i)refer  that  si  revemie-(Mitter  or  N  ivv 
j>un  boat  should  be  detailed  to  be  alon;;side  tliese  ves.sels,  in  plicei)! 
the  improvised  ;;uii  boat  whicli  I  now  have. 

Admiral  Godon  cannot  furnish  me  one  without  au  order  from  tlic 
Department. 

Very  respectlullv,  your  obedient  servant, 

S.  K.  IIAliLOW, 

United  iiitatex  MarslnU 
IIoii.  Hamilton  Fish, 

iSecretary  of  ^tate. 


COUNTER    CASE    OF    THE    rMTED    .STATEH. 


743 


I'itiziMi,)  in  (IcIVi- 
its  minister,  lias 


of  Xeiv  York. 


jrciai'n  of  SfKfe. 


II  ortli'i-  iVom  tlu' 


Mr.  Rdhrrts^  Sixuiish  minister,  io  Mr.  Fish,  Secretary  of  State. 

Washington,  Korcmher  21,  18(»0. 

Tl'i'  iiiKlcrsifjiied,  (Mivoy  cxtriioidiiiary  inid  minister  plcnipori'iitiiiryof 
S|ti.i,  liiis  (he  honor  to  inform  tlio  lionoriil)l<;  Sccv'tjiry  of  State 
tliiii,  in  tlio  montii  ot  May  last,  tlio  Spanish  <;ovornni('nt,  represented 
hv  a  commission  of  naval  ollieei-s,  made,  with  Mr.  Cornelins  I)elamat«'r, 
ii  sliiphuilder  and  eiti/.en  of  the  United  States  residin^in  N<  w  York,  a 
coiitraet,  wheri'by  the  laiter  aj;i'eed  to  hnild,  for  the  aci'ouid  ol"  tlie 
Sjtanish  <;overnment,  thirty  vessels  of  a  certain  class,,  desij^-ned 
,77.")]  exclusively  *  for  the  coast  service,  and  not  for  lonji' voya,ues,  wliich 
are  to  he  deliver«'d  to  the  chief  of  said  commission  at  the  begiii- 
iiiiiji' (>!"  the  month  of  Deeendter  n<'.\t. 

The  innlersi;;iied  diM'ins  it  his  dnty  to  state  to  the  honorable  Secretary 
of  Stare  that  the  bnildinj;'  of  these  vessi'ls  was  ordered  to  be  done  iu 
this  repid)Iic,  in  the  certainty  that  theie  existed  no  lawfid  cans:'  wliich 
■oiild  impede  the  same,  aiid  in  view  of  tlie  numerous  antecedents  which 
existed  with  rej^ard  to  similar  cases  of  war-vessels  purchased  in  the 
riiitcd  States  by  other  foreij^ii  nations,  ami  in  consideration,  nu»reover, 
of  the  tra«litional  fiiendship  which  has  always  existed  between  both 
roinitries,  which  frie!idshi|»  the  recent  revolution  in  Si»ain  ought  ai)par- 
fiitly  to  have  served  to  draw  closer. 

All  tiiese  things  were  cansidtucd  when  the  contract  was  made  by  the 
Sjiaiiish  lepresentative  with  the  AnuM'ican  citizen,  Mr.  Cornelius  Dela- 
iiiater.  Tims  it  is  that  the  undersigiuMl  has  si'r]i,  with  the  greatest  sur- 
inisc.  in  the  newspapers  of  the  L'4tli  and  -."ith  instant,  the  documents 
niiiiiected  with  the  judicial  mder  rflati\t»  to  these  vessels,  signed  by  Mr. 
r,(l\vards  Pierrepont,  district  attorney  of  the  southern  district  of  the 
State  of  >.'ew  Vctrk. 

The  tiist  of  these  documents  is  an  order  for  the  seizure  of  the  thirty 
,i;iiii  boats,  founde<l  ou  the  "onsideration  that  Spain  being  at  war  with 
Peru,  these  vessels  may  ev«MitualIy  be  used  against  the  said  republic; 
the  seectnd  is  an  order  of  attachment,  <m'  jueNcntive  emltargo, 
77i)j  citing  Mr.  I)e*lamater  to  aitpear,  on  the  1  1th  da\  of  D.'cember 
iM'Xt,  at  11  o'clock  in  the  nuuning,  before  the  Judge  id'  the  south- 
'111  district  of  the  State  of  Xew  York. 

There  is  consc(pieiitly  no  doubt  that  the  continuation  of  tiu'se  pro- 
ceedings may  render  it  impossible  for  Mr.  Delamater  duly  to  fullill  his 
t'oiitract  with  the  Spanish  g.>verament,  and  it  results,  moitM»v*'r,  that 
the  intervention  of  the  ( JoN'ernmrnt  of  the  iMiited  States  would  prevent 
tlie  government  which  I  have  the  honoi- to  rei)resent  from  taiving  <lue 
and  lawfid  possession  of  its  propeity ;  this  intervention  would  be  the 
<ii' fiirfi)  cause  of  the  annulment  of  the  contract  made  by  Spain  with 
Ml.  Delamater,  and,  in  ease  o\'  the  o;'curr<'nee  of  this  grave  event,  an 
event  whiidj  is  rendered  still  inoregraN'e  by  the  consecpiences  whicdi  may 
ensue  tVoni  it,  I  allow  myself,  beforidiand,  (dlieially  to  call  thereto  the 
attention  of  the  honorable  Secrt'tary  oi'  State. 

What  exi)lanation  can  be  given  of  these  proceedings?  At  whose 
leqiiest  liave  they  been  initiated  '.'  Tan  they  be  legally  Justified  by  the 
•^tate  of  the  relations  existing  between  Spain  and  Peru'  The  luuiora 
l>lt' Secretary  of  State  is  aware  that  S[)ain  had  already  accepted  the 
iiH-diation  of  the  Tnited  States  for  the  negotiation  of  a  peace,  or  the 
'"iji'i'iiig  of  an  armistice,  long  before  the  republics  of  the  Paeitic  decid»Ml 
to  de  the  same,  and,  as  to  tlie  ndations  with  Peru,  Mr.  Hamilton  Fish 
knows  tliat   she    has   given  her  consCiit   to  the  proposed  mediation, 


the 


prelimiuarv  negotiations   now  beiiii'   so    far  advanced    that  it  is 


'j.l  ■  1 '   ■ 


;M:i 


|i    ,  r; 

■(  ■ , : 


Ilr^'li 


K;  1 


B!>i 


l!4 

IN 


# 


744 


TIJKATY    OF    WASHINGTON PAl'ERS    AC(^OMPANVI\r; 


[777]  possible  tliat  on  the  \iMh  of  .Tiimiary  next  the  i>loiii|)()t('ir*ti:iri<'S(i(' 
till'  atorosaid  icpublfcs  may  iiM'i't  tlio  pU'iiipotciitiaiy  oi  ||i(> 
Spanish  nation  at  \Vasliin;;ton,  in  older  to  discnss  the  s;ii(l  <in»'sti(>ii,  jis 
is  proved  by  the  recent  note  which  the  hon<>rable  Secretary  of  Stutc 
addressed  to  the  undersigned  on  the  LNUl  of  October  last,  wliicli  iciul.s 
as  follows: 

Tilt'  muliTsiiciicd.  Si'crctiiry  of  St.'iti-  of  Mio  riiiti-d  .Stafcs,  liiis  ilu-  lionor  to  iickiiowl- 
(')ljft'  tlic  n  rtipt  of  Ml-.  Tyopcz  Iv'obfits's  lutto  of  tlii'  l>'lli  i  list  ;i  lit,  ill  iiiiswi  r  in  th,.  i,  .tc 
iHliht'ssnl  to  him  l>y  the  iiii<lt'isi<;iic(l  on  tlic  ITtli  of  .Inly  last,  siihiiiittiii;^  n  coiiy  dl'  n 
l)ro|»osf(l  iiistrmtiiHi  to  tin- diploiinttic  ri'iircsciitativt's  of  tlic  I'liiti'd  SiiOrs  miiiiliti'd 
to  till-  ;;ovi'riiiii('iit.s  of  Kciiadoi",  I'ciii.  I5i)iivia  and  ("liili,  siiy:tft'stiii<^  a  coiifi'ifiicc  in  tlir 
city  of  \Vaslii!i;;toii,  on  the  ir)th  (d' January  next,  between  tlm  icitrcsi'iitalivcs  df 
tho.sc  >;oveiiinient.s  and  the  reiirescntativc  of  .Spain  upon  the  .siihjrcl  ol  u  toiniiil 
aniiisticc  or  detinitive  jifaee. 

bi  reply,  the  niidersi^ned  lias  the  honor  to  inform  Mv.  Fiopez  IJuheits  that  his  views 
ii]»oii  thcsiilijee!  id' the  siiddcstcii  eonfereiiceare  in  harmony  with  those  oft  lie  iiiidiiNi'4iii(i, 
w  ho  liojies  that  he  will  in  due  season  he  able  to  eninninnieati'  to  Mr.  i.upe/  K'uhirts 
the  fact  of  t  lie  aiceptanee  liy  t  he  ;;o\  einmeiits  of  Eciiailor,  I'erii,  liojivia.  an  1  (  hili.  el' 
tlie  proposition  of  t  lie  eonfereiiec  ret'erred  to. 

Spain,  as  is  a  notorious  fact,  and  as  ai)peafs  fi'om  tliplomatic  (locii 
nients,  has  always  been  dispos<Ml  to  si<;ii  ji  peace  ever  sinc(>  hostilities 
on  her  part  ceased  in  the  I'acihc,  tnid  she  accepted  at  once,  iiiid 
[778]  without  hesitalino' *tbr  an  instant,  the  niediiition  of  lieiiiiicit'iit 
ally  t  he  1 1  iiited  States,  for  the  settlement  of  her  differences  with  tlic 
iiforesaiti  republics,  disreuardino-  the  violent  but  harinlessdcnionstnitioiis 
which  l*eiii  recently  thou.uht  proper  t<t  make  in  favor  of  the  b;iii(lits{or 
outlaws)  of  Cuba,  followiii};  herein  the  example  of  tht!  (iov«'riiiiit'iit  of 
the  I'liited  Slutes,  which  attached  no  importance  on  a  recent  occ;isinii 
to  the  |)r<»cc«'diniis  of  tiie  accredited  representative  of  Peru,  who  allowed 
liimself,  clotlietl  in  his  ollicial  and  diplomatic  character,  to  utter,  in 
New  York,  olVensive  and  lii;nhly  improper  laiij^ua^'c  a.uaiiist  a  nation 
frientlly  t(»  the  rnited  States,  disre;;ar<lino' the  most  coiiiiiioii  rales  of 
the  law  ot'  nations,  and  invading'  the  high  prerogatives  of  tlicsmcr- 
eigiity  of  the  nation,  represented  in  the  person  of  (Jeneral  (Iraiit,  rioi 
dent  of  this  republic. 

In  the  yi'ar  ISdS,  a  ease  arose  similar  to  the  one  which  is  the  princi 
pal  obje(;t  of  this  note,  itnd  which  the  undersigned  thinks  this  a  littiiii;' 
occasion  to  recall  to  tluuecollection  of  the  honorable  Secretary  of  State, 
with  which  case  Peru  was  connected.  The  govenmu'iit  of  the  latter  it 
jMiblic  jMiichascd  two  vessels  of  war  from  that  of  the  I'liited  Stiites.  and 
on  what  ground  did  Mr.  (lanMa  y  (larcia,  at  that  time  minister  of  Peiii. 
ask  that  they  might  be  authori/.ed  to  sail  from  the  ports  of  the  Aini'ii- 
caii  l^niiMi  '  On  the  1  ttli  day  ol"  April,  1S(>8,  he  addressed  a  coimiinni 
cation  to  the  Hon.  .Mr.  Seward,  then  Secretary  of  State  of  tlic 
1 770]  I'liited  States,  declaring  that  liostili*ties  between  Spiiiii  and 
I'eru  had  ceased  on  the  I'd  day  of  May,  ISCO;  that  the  result  was 
a  genuine  jieace  as  ftir  as  regards  the  duties  and  rights  (d'  neutral 
l>owers;  that  it  was  a  de  facto  i>eace,  a.s  had  been  settletl  by  the  laiitcd 
States  ami  other  jiowcrs  under  similar  circumstances,  as  in  the  c;isc  ot 
the  new  SpinishAinerican  republics  before  their  recognition  by  S|)ain: 
that  in  the  )uesent  ease  it  had  already  been  sodechleil  by  (Ireat  Ibitaiii; 
that  the  state  of  war  had  al)solntely  ceased,  smd  that  neither  the  right 
nor  the  duty  existed  any  longer  on  the  part  of  the  American  (iovcrn- 
inent  to  consider  Spain  and  Peru  as  belligerents,  or  to  subject  citlicnij 
hese  two  governments  to  any  restriction  in  the  ports  of  the  I  iiitiil 
States. 

On  the  LM)th  of  April,  1808,  Mr.  Seward  replied,  asking  for  liutlicr 
explamitions  regarding  the  matter. 

Mr.  Ciareia  reidietl  on  the  8tU  of  May  of  the  same  year,  alliriiiiii;^  m 


panvint; 


COINTKR    CASE    OF    THE    INITED    STATES. 


745 


ii|)(>t('n*tiiiri<'S()r 
otciitiiiry  ol  tilt' 
siiid  (pu'stioii,  iis 
cictiiry  (tf  Shitr 
liisl,  wliicli  leads 

I'  lionnr  to  ;i('kll()\vl- 
II  ;iiis\M'r  In  til,'  1,'tc 
)miltiu;j,  :i  i-opy  i,(  ;i 
f(l  Slates  ;)(  rnMiitcd 
j^  !l  CDiit'rn'lici'  ill  llir 
r  r('l)r('Sflit;iti\f.s  dt' 
.siilijrct    (il  a  t'dniiiil 

•Ix'its  tliat  liis  views 
.Sfot'tllelllHlelsi^iHil, 
I)    Mr.  Liipe/,    li'niiills 

liiilivia,  all  I  Cliili.  dt' 

diploiiiiitic  (locii- 
r  since  liostilitics 
ptt'd  :it  once,  iiiid 
oil  of  licr  aiH'iciit 
ilVcrcuccs  witli  the 
ss(lt'in(tiisti;iti(»iis 
i)f  the  !):iii(lits(iiv 
i(>  (lovcriiiiH'iit  ot 
a  rccciil  (»cc;isii)ii 
Nmmi,  wiio  allowed 
ii'-tcr,  to  lUti'f,  ill 
a.uiiiiist  ;i  tiation 

coiiiiiioii  rales  of 
ives  of  the  savef- 
oral  (iraiil,  l're>i- 

liicli  is  tlie  piinci- 

inks  this  a  tittiii,^ 

M'l'ctaiy  of  State, 

t  of  the  latter  re- 

iiited  States,  and 

minister  of  rein. 

rts  of  the  Aiiieri- 

ssetl  il  eoiiiimiiii 

of  State  of  the 
ween  Spain  aiitl 
lat  the  result  was 
la^iits  of  neutral 
e(i  l»y  tiie  Tiiiteil 

iis  in  the  case  of 
>'uition  Uy  Spain: 
l)v(ireat  I'.iitaiii: 
neither  the  n-iit 
nierican  (ioverii- 
)  siil»i«'ct  either  of 
tN  of  the  United 

dvjiio-  lor  fintlii'i' 

ear,  allirinin;^  in 


tlie  most  explicit  terrr)s  that  "there  no  h)n<ior  existed  a  formal  state  of 
war  between  the  allied  repnltlics  (Chili  and  IN-ni)  and  Sjiain,"  and 
;;iviii^'  liirtluT  explanations  as  Mr.  Seward  desired. 

On  the  L'Otli  of  June,  ISOS,  Mr.  (iarciti  aj^ain  inoaehed  the  sulijecit  in 
nil  ehiborat<>  arj':iiment,  with  (piotations  from  distiii;;'iiislu*d  piildicists, 
and  refereiu-es  to  historical  precedents,  and  with  reiterated  and  fornnil 
declarations  that  the  state  of  war  between  IN-rnand  Spain  has  ceased, 
and  that  a  state  ofjieace  existed  as  far  as   re^iarded  all  tjiiestions  relat- 

in;;'  to  the  <lnties  of  other  nations  as  neutrals. 
|7S(iJ        *And  what  was  the  attitmle  whi<'h,  in  view  of  these coininnnica- 

tioiis,  was  taken  by  the  then  Secretai-y  of  State  of  the  rnited 
States  .'  Mr.  Seward  stated  to  Mr.  l^'aeinido  (roni,  minister  of  Siuiiii  at 
Washinj^toii,  on  the  !>th  of  July,  l.StJS,  as  follows: 

111  eiiiise(|iieiice  of  tin-  proceed iii;is  of  tile  Hiiiise  ul'  liepreseiitntives  wliieli  luive  Ix-en 
iclfired  to.  it  x'eiiis  to  tile  President  tliat  tlu-  oerasioii  lias  not  _v<'r  ariived  wlieii  it 
will  lie  iieees-iiry  for  liiiii  to  deelde  tile  jj;ravo  (iiiestioii  which  has  been  raised  liefoi't; 
this  (ioveniiiieiit,  between  llie  ministers  of  Spain  and  I'erii,  naiiiely.  the  (piestioii 
wlutlier  the  war  which  was  liei'etol'ore  wa^^ed  lietweeii  those  nations  has  lieeii  prae- 
tiiiilly  hroiijjlit  to  an  <'iid  or  not.  l'"riiiikiiess.  however,  oldi^jes  the  unilersiyiied  to  say 
tliiit  unless  some  unforeseen  «'irennistanees  shall  soon  occur,  the  time  for  acting:  upon 
;li;it  i|iiestioii  wonld  seem  to  he  near  at  hand, 

TLe  iiiideisi^ned  freely  admits  the  dil'tienlties  wlii(di  are  likely  to  attend  the  decision 
(iftlie  (|iieslion.  It  isi'ertaiii  that  a  londiiion  of  war  can  he  raised  w  itliont  an  aiitliorl- 
l.itive  de(  laralioii  of  war,  and,  on  the  olhei'  'land.  tln^  situation  of  peiUH'  may  he  re- 
sliiicd  l»y  the  km;;  suspension  of  Imstiliiies  without  a  treaty  of  jteaec^  heinj^  made. 
History  is  full  of  such  occiiireiices.  \Vliat  [leriod  of  suspension  of  war  is  necessary  to 
justify  the  jiresiimplioii  of  the  restoration  of  peace  lias  never  yet  been  settled,  inul 
iimst  in  t'very  (.'iiso  hi!  determined  with  reference  to  collateral  facts  and  circum- 
stances, 

7^1]  The  Spanish  <i'overnment  substMpnMitly  acet'pted  *tlie  doctrines 
sustained  by  the  Secretary  of  State  in  the  tbre^ioiiij^  lines,  as  is 
shown  by  the  note  whicli  Mr.  l-'aeiindo  CJloni  had  the  honor  to  address 
him  on  tlu>  24tb  of  November,  IStiS. 

Jii  \  iew,  then,  <(f  the  considerations  set  forth  in  this  note,  and  of  the 
laets  tlierein  cited,  tiie  niidersi;;ned  Hatters  himself  that  nool)stai'le  will 
he  placed  by  the  (ioverninent  of  the  I'liite*!  Stati's  in  the  way  of  the 
exeeiition  of  the  contract  made  by  the  (-itizen,  Mr.  Coriu'liiis  Delamater, 
\\itli  the  repies«'ntative  of  the  Spanish  j^overnmcnt,  ir.;d  that  ]Mr.  Dela- 
mater may  be  at  liberty  to  deliver  the  vessels  as  lie  may  linish  them, 
wiliioiit  any  hinderanee.  * 

Althoti;;h  the  niidersioiied  has  no  ri>iht  to  interfere  in  a  Judicial  pro- 
leediiio'  instituted  by  the  (Ioverninent  of  the  rnited  States  ayainst  an 
Aiiiericaii  citizen,  it  is  his  duty  to  state  that  ifthe.se  proceedinji's  should 
lesiilt  ill  preventing;'  .Mr.  Delamater  from  fulfilliiijj;'  the  terms  of  his  eon- 
tiaetwith  thcwSpanisli  represeiitati\<>,  as  from  this  tact  a  j^rave  situation 
\voiil(l  arise,  the  undersione«|,  in  the  name  of  his  j^overnment,  informs 
the  honorable  Se(;ietary  of  State  that  lie  reserves  from  this  day  forward, 
iiiid  jiivinj,^  due  notice,  all  his  rijihts  and  liberty  of  action. 

Tile  undersi<;ned,  in  fultillin^i  liis  duty  in  callinj;'  the  attention  of  Mr. 
llainilion  Fish  to  the  <'ase  of  the  oc(;urrence  of  the  event  indicated  in 
this  iKde  which  is  not  to  bt^  expected,  will  v(Ay  under  all  circumstances 
•111  the  sense  of  justice  iind  the  distinjiuished  impartiality  which  chanic- 
ti'iize  the  honorable  Secretary  of  State. 

The  innlersijin^'d  avails  himself  of  this  oc(^asion  to  reiterate  to  the 


lioi 


lorable  Seeretarv  of  State  of  the  United  States  the  a.ssurance  of  his 


liiglii'st  cousidenition. 
The  Hon.  Seoui:tahy  of  State 


MAUlilClO  LOPEZ  KOBEirrS. 


M 


^!£'i 


■if 
'.•?■■' 


mm 

m 


Of  Ute  United  Statck,  jCc. 


i 

'4 


A\ 


Iji.l 


i: 


W. 


I :; 


I   t 


74G 


IKKATY    (^F    WASHIN'GTOX — PATKUS    ACrONfPAXYINC 


[TSl*]     *.l/r.  iw.vA,  Sirretary  of  Stdir,  to  Mr.  liobcrtnj  8p<iniNh  iiiini.sfo: 

DErARTlMKNT   OF   StATK, 

]V<isliiiifitoii,  Xtn'cnihcr  ."»0,  isi;!). 

Tli(»  undiMsiu'iMMl,  SccrclMry  of  tf tuto  of  tlu^  Tiiitrd  States,  Iuh  the 
lioiior  to  iU'kiiowlcd^v  llie  receipt  «)f  ii  note  dated  L*7ili  of  Noveiiihci, 
wliicli  Mr.  Ivi)l)erts,  envoy  extraordinary  and  niinistei-  nlenipotciitiiiry 
of  Spain,  did  iiini  the  lionor  to  send  to  liini  on  tlie-!Uli  insrant,  in  which 
Mr.  Koberls  inlornis  tlie  nndersiii'iu'd  tliat  in  May  last  the  Spanish  .^mv. 
ornnu'iit,  represented  by  a  coniniission  of  naval  oHieers,  made  witii  Mr. 
Cornelius  Delaniater,  a  sliip  hnilder  and  eiti/en  of  the  I'^nited  Slate^, 
residinjiin  New  Voik,  a  contract,  whereby  the  latter  a;;reed  to  l»iiihl.  lui 
the  account  of  the  Spanish  j;"overnnu'nt,  th'  ly  vessels  of  a  certain  class, 
desi<;iied  e.\<'lnsively  t"or  the  coast  service  and  not  for  loan  voyaiivs, 
which  are  to  he  dclivei'cd  to  tlu'  cliit-f  of  said  coannission  at  the  lu\niii 
iiinji'  of  the  month  of  Decemher  lu'xt. 

^[r.  Ivolh'rts  |noceeds  to  j^'ive  certain  very  <;'();)d  reasans  why  thi> 
buildiii};' of  those  vessi'ls  was  ordered  to  be  (lone  in  this  c(»nntiy,  ami 
why  the  contract  was  made  l)etween  a  Spanish  representalive  and  an 
American  citizen.  He  then  states  that  he  has  seen  witii  the 
jireatest  snrpris(»  in  the  newspapers  of  tht^  Ulth  and  i.'.'»th 
[783J  *instant,  certain  doennu'nts  i-onnected  with  the  jiidicia!  order 
relati\e  to  these  vesstds,  si«>ned  by  Mr.  Edwards  l*ieri'«'poiit.  at 
torney  of  the  sonthern  district  of  New  York.  Mr.  I'oberts  also  judi 
cat«'s  his  imiu'cssion  of  the  i)nr[»ort  or  object  «»f  what  he  calls  Ihcsi' 
''orders." 

Tile  undersiyiied  r«';j;rets  that  ^Ir.  Ifolx'rts  shonlil  experience  "^reat 
surprise"  at  the  institution  ol  judicial  proi'eedinjj;s,  oi' at  tin' form  in 
which  su(di  pn>ceedin«;s  are  reduced  to  their  practical  operation.  The 
undersi<;ued  takes  leave  to  assure  Mr.  Roberts  that  the  peai;efnl  insti- 
tution of  Judicial  proceedinjis  in  this  country  is  not  the  cause  of  aim  in. 
w  hatever  of  surprise  it  may  excite  to  those  who  iiave  in  no  de;,ne('  vio- 
lated the  laws  of  the  laiul  or  invaded  the  ri«ihts  of  other  persons,  or 
who  contemjdate  no  such  violation  or  inxasiou. 

^Ir.  Jioberts  remai'ks  that  there  is  no  doidit  that  the  continuation  of 
tln'se  |uoeeedin;4s  may  render  it  impossible  for  Mr.  Delamatt-r  dniy  to 
fullill  hiscontract  withthe  Spanish  j;'«)vernment,  antl  it  results,  moreover, 
that  the  intervention  of  the  (lovernment  of  the  United  Sratt's  wonhl 
prevent  the  (lovernnuait  which  lu'  has  the  honor  to  repre.cnt  from  takin.n 
due  and  lawful  pcKS.sessicu)  of  its  property;  his  intervention 
[781]  *  would  be  the  (fc  J'aito  cau.se  of  the  annubnent  of  the  conlraut 
made  by  Spain  with  Mr.  Delanmter. 

^Ir.  iioberls  has  not  now  to  be  infornu'd  that  Peru  has  recpiested  the 
Governnu'iit  of  the  United  States,  as  a  neutral  exercising'  the  ri;;ht  ini- 
])osed  by  the  law  of  nations,  to  order  the  detention  of  these  vessels,  ami 
not  to  allow  them  to  leave  the  waters  of  the  I'nited  States  on  any  pretext 
whatever,  allej;in<i  that  the  republi*^  of  Peru  is  at  war  with  S|>ain. 

The  undersi^iued  takes  leave  resp«'clfully  to  r«'mind  Mi'.  Ikolnits  that 
the  ju<licial  luoceedinyjs  now  pendin/.j  against  .Mr.  I)«damater's  vessels 
are  of  jueci.sely  the  same  nature  and  are  ctuulueted  by  the  sanu>  ollieiiil 
of  the  (lov<'rnment  and  before  the  same  tribunal  as  were  the  pioeeed- 
ns's  institiiteil  sonn;  time  since,  at  the  instij^atlon  of  the  Spanisii  hdv- 
rrnment,  against  the  .steam.ship  ]Meteor,  allej-etl  to  have  been  intendol 
for  hostile  service  in  the  intere.st  of  the  allied  republics,  inclmlinj;  IVni' 
aj^ainst  Spain. 

The  object  iu  the  present  instance  is  the  same  as  iu  the  foruier,  to  as- 


PAXYINd 

)(HiiNh  niinititn; 

ATK, 

•ciiihrr  .".0,  isi;!). 

I  Shitcs.  Ii;i^  \\u' 
'ill  of  NoM'iiihcr, 
I'  !)li'iii|)i»tiMiti,ii'y 
iiisriiiit,  ill  which 
tlic  Sp.mish  |^n\- 
■s,  iinulc  with  .Mr. 
10  ITiiitod  St;it('s, 
liTccd  to  Imihl.  lor 
»r  ii  ccrtiiiii  class, 
t'or  loiiii'  voyages, 
ion  at  till'  l»i\i;iii 

•iMsjiis  why  thi> 
■his  ('(111111  ry.  ami 
■iciitalivc  ami  aa 
I  seen  with  the 
'  LMtli  and  L'.lth 
lie  Judicial  order 
lis  IMcia'cpoiit.  ;it 
IfiilxTts  also  iiidi 
at  he  calls  these 

xpcrioiicc  ■•j^ical 
;)i'  at  the  form  in 
1  opciation.  The 
11'   pi'attel'ul  iiisti- 

>  cause  of  aliirni. 

II  no  (Icj^rcc  \i()- 

tluT    plMSOllS,    01' 

'  contiiiintioii  of 
(daiiiatcr  duly  to 
csnlts,  iiiorcovei. 
tctl  States  would 
cent  from  tiikiii,:;' 
his  intervention 
t  (d"  the  contract 

as  re(|nest(Ml  the 
iii^'  the  ri-ht  im- 
hese  vessels,  and 
es  on  any  pretext 
with  S|)ain. 
Ml.  J{ol»erts  tliiit 
lainatel's  vessels 
the  same  olfieinl 
ere  the  proeeed- 
he  Spanish  ^ov- 
e  heeii  inteiidt'"! 
,  including  Pei'i, 

he  foriner,  to  as- 


COrNTi:R    CASE    OF    THE    I'MTED    STATES. 


747 


- 1- 


certain  wlndher  any  vi(dati()n   is  contemplated  of  the  laws  which  the 

I  iiited  States   have  enacted  to  i>revent  and  tojimiish  violatitnis  of  the 

nentral  ohli;iations  (d"  this  (lovernment.  The  only  difference  is, 
ITS."))    that  then  Spain  was  appr(dien*sive  (da  hosti'e  proceedini,'ajiainst 

her  liy  Pern,  an«l  now  Peru  alle;:>es  a  like  intent  on  the  part  of 
S|tiiiii  a;^ainst  her. 

Mr  K(dierts  furtheK  says  that  llie  nndersinned  is  aware  tlint  Spain 
liad  ai"eady  accepted  the  mediation  of  tlH>  I'nited  States  for  the  rec(»j:- 
iiitioiM  a  peace,  ineaniny- a  peace  with  Pern.  Mr.  P<d»erts  c(Mild  not 
have  Ininished  a  moj-e  coniidete  Jiistilicatioii  for  the  Judicial  proceedings 
which  have  heen  instituted;  and  if  the  fact  that  Mr.  Poherts  her«'  cites 
>liall  i»idve  the  tnriiiii;:-]ioint  in  the  decision  of  the  case  siihmitted  to 
(lie  conrts,  it  will  establish  at  once  the  candor  of  Mr.  INdierts  in  pre- 
seiitinu  this  iiiiiiortant  fact,  and  the  necessity  for  the  int('r\-ention  of 
the  authorities  t;)  prevent  the  departure  of  a  military  increase  of  the 
naval  force  (d"  one  of  the  two  powers  iicediiij;-  the  niediation  (d'  a  third 
aiitl  neutral  powei' to  restore  jieace  between  it  and  the  power  that  coni- 
plaiiis  of  an  intended  violation  of  tlu»  iieiitiality  of  the  ;;dvernnient 
whose  ollices  are  invoiced,  and  wlii(di  is  employed  as  a  nie«liator.  The 
nii(lersiji-m  (I,  ther(dore,  sjiecially  mdes  Mr.  Poberts's  admission  (d"  a  con- 
dition of  ndat  ions  existing  between  Siiain  and  Peru  which  re(piire<l  a 
V(storation  (d*  peace. 
While  these  ndatioiis  continue,  it  l)elon<is  to  other  jiowers  wlio  are 

neutral  to  ri  j^ulnte  their  conduct  toward  the  parties  according-  to 
"S(i|    the  existing  conditions  *of  these  ridations. 

Mr.  (iofii,  a  predecess(»r  of  Mr.  lioberts.  in  a  letter  «hited  duly 
:".!.  iSdS.  (daimed  that  the  I'liited  States  combined  the  (diaracter  of 
neutral  with  that  (d' iiie<liator,  and  thereupon  foiunU'd  a  "(huible  right'' 
to  enforce  neutrality  and  ]»revent  the  departure  of  vesstds  alleged  to  be 
ilestiiied  for  service  in  tlie  I'eruvian  navy.  May  not  Peru  adopt  Mr. 
(iofii's  language,  and  advance  the  same  "(h^uble  right"  to  a  demand  for 
;in  entire  neutrality  ! 

Ciider  this  view  presented  by  the  representative  of  Si>ain,  it  becomes 
ihe  I'liited  States  to  consider  w  hether  they  are  not  bound  to  recognize 

II  eoiidition  under  whi(di  ludther  party  has  the  right  within  its  territory 
lo  lie  bettered  or  sticngtlKMied — <ji(<>  rtdidia  fiat. 

Mr.  li'oberts  devotes  a  considerable  |>art  of  his  note  (the  uudersigTied 
lieuhts  not  very  accurattdy,  but  he  has  not  tested  the  acciiiacy  of  the 
citation)  to  the  lU'csentation  of  extracts  from  certain  cori'espondence  of 
Mr.  (iarcia  y  Clarcia,  a  former  minister  from  Peru  to  this  (Government. 
lie  also  cites,  not  (piit*'  accurat(dy,  however,  an  extract  from  a  letter 
wiitteii  by  Mr.  Seward,  a  pi-edccessor  of  the  undersigned,  in  duly,  1S«»S, 
Nvhicli  certainly  does  not   recogni/e  a  situation  id'  [leace  then  existing 

between  Spain  and  Peiii.  but  wherein  ^Mr.  Seward  expressly 
[rsTJ    deidarcs  that  the  occasion   had   not  arrivc^d  *wlu'n  it  was  neces- 

saiy  to  decich'  the  grave  (pU'stion  whether  thenar  between  Spain 
and  Peru  had  been  brought  to  an  end  or  not,  and  a(Ms  that  such  de- 
tisioii  would  be  made  only  after  having  carefully  examined  all  the 
]"crtiiient  facts  within  its  rea(di,  and  after  having  given  due  consideia- 
tioii  to  sr(di  represiMitations  as  shall  have  been  made  by  the  several 
liarties  interested.     Mr.  Roberts  does  not  assert  or  claim  that  such  de- 


cis 


ion  has  been  made,  or  even  that  the  rei>resentations  of  the  several 
Piirties  interested,  without  the  consideration  of  whicdi,  the  Si)anish  min- 
ister was  fully  adviseil,  such  decision  would  not  be  made,  have  been 
^"liinitted.  Mr.  Kcdierts  ai)pears  to  have  overlooked  certain  statements 
made  by  Senor  Goni,  subsequent  to  the  date  of  Mr.  Seward's  note  to 
which  Mr.  Koberts  refers. 


748 


.ifF.ATY    OF    WAS1IIN(JT()\— 1'AIM;|{S    ACCUMPAN VI\(; 


t  • 

■  s  . 

1 

'U.v  1 


m  !• 


In  a  noto  ot'Scrior  CJofii  in  reply  to  "Mr.  Seward,  the  former  says.  -Tk 
say  that  a  state  of  war  does  not  exist,  when,  n»'Vi'rtheh'ss,  no  |»ni|iii.i. 
tion  of  peaee  has  Iuhmi  accepted,  is  an  atlinnation  eipially  ;;iatiiitiHis 
and  new,  whicli  it  is  not  necessary  to  contest."  Tiie  iindersi;vni'.l  n- 
minds  Mr.  II  »l>erts  that  Pern  chums  tliat  shi'  has  uevor  a-fcptul  a 
pro])osition  <»f  jK'ace. 

>Ir.  (ii>ni  furtlier  siiys,  "As  to  the  facts  aHej^ed,  no  oae  of  thi-s- im 
plies,  even  reinott'ly,  the  cessation  of  war;"  alsi>,  ''that  alt1i»ii„M  S;.;tiu 
*  *  *  has  suspended  active  hostilities,  slie;  still  (i.ids  ln-i-- 
[7SSJ  *self  in  a  state  of  war;"  also, ''that  the  state  of  war  aii<l  tin- 
stati'  of  peace  between  two  nations,  lirst  of  all,  and  Itcy.cnl  all, 
are  facts  which  depend  npi>n  the  will  of  the  parties  inttMcstc  I  it  lie 
lonji'inji'  to  them  to  «lecide  by  common  accrord  what  is  the  state  in  whuii 
they  tind  themselves,  and  what  the  (character  of  their  i'esj> 'i-riv,'  rela- 
tions," »S:c.,  v"v:c. :  "that  the  determination  of  the  said  state  of  war«-aii- 
not  be  bronji'ht  abont  exce[)t  by  the  declaration  (»f  the  intereste  1  hcl- 
liijerent  patties."  These  are  the  declarations  of  S[>ain,  not  of  IVrn  in»r 
of  the  Ignited  States. 

The  nndersi^iiied  is  not  apprised  of  any  "tiommon  accord."  or  ot"  ajiy 
''(U'claration  ol  the  interested  bellijicrent  parties,"  since  the  date  oi  Mr. 
(loni's  letter,  which  has  determined  the  state  of  war  claimed  hy  Mr. 
(loni  to  have  I'xisted  at  that  time  between  Si>ain  and  I'eiii,  or  to  liavc 
chanj;ed  the  rclatitnis  between  them.  S[>ain  cannot  ri;;htly  object  t«> 
the  conclnsioiis  to  whi(di  the  ar^nment  of  her  distinj^iiisheU  repn-seiita 
tive  ine\itably  leads,  • 

Under  tlie.se  circnnistances  the  undersi<>-ned  i.s  constrained  to  assure 
Mr.  Itoberts  that  the  Jndicial  jtroceedin^s  which  have  been  institiuttl, 
in  the  spirit  of  entire  and  eipial  friendship  to  the  fi'ov»M'nineiits  of  .-^|taii' 
and  Pern,  will  l)e  allowed  to  proireed.  The  United  States  will 
[789J  *maintain  their  position  of  nentrality,  and  have  full  contiilemc 
in  the  intejiiity  and  the  capacity  of  the  tribunal  to  wliicli  tin- 
case  lias  been  submitted.  Should  that  tribunal  decide  that  .Mr.  D-la- 
mat'T  has  entered  into  a  ccmtract  in  violation  of  the  law  of  the  la»<l, 
and  in  dei();;ati(m  of  the  neutral  oldi^ations  of  the  country,  the  vessels 
Avill  be  detained.  Should  it  dcci(h»  that  the  vessels  may  dep.irt  wuli 
out  violation  of  the  laws,  or  of  the  obli;iatious  of  the  nation,  they  «ill 
be  allowed  then  to  depart.  If  Mr,  Dehimater  has  enteretl  into  an  ille^'al 
contract,  although  it  l»e  with  the  representative  of  Spain,  an  aacieiir 
ally  and  a  present  friend  of  the  United  States,  it  cannot  l>e  cxeiuttMl. 
however  much  this  governnuMit  may  regret  the  (lisapi>ointmeMt  of  a 
friendly  j>ower. 

Whether  »u'  not  that  contract   is  illegal  is  the  (piestion  upon  which 
the  court  is  t(t  decide. 

The  undersinni'd   otl'ers  to    Mr.  lloberts  renewed  assurances  of  hi* 
highest  consideration. 

HAMILTON  Fisn. 

Senor  Don  M.  Loi'EZ  Kobektk. 


[790]  *Mr.  Ilour^  At  tor  neij- General,  to  Mr.  Pierrepont,  tliMtrirf  attmiuij. 

Attorney  CxENEKAr/s  Offhk. 

Washington,  November  MK  I^^'il*- 
Sir:  It  is  no  part  of  tlui  purpose  of  the  President  to  submit  t<»  tlic 
courts  the  question  of  the  recognition  of  belligerent  rights  in  any  forcijrii 
country.    Tu.it  is  a  public  ciuestiou  whicli  is  to  be  decided  by  the  pjhn 


m 


PAXYIXC 


COUNTKR    CASE    OV    TIIK    rMTFl)    STATKS. 


■40 


:oniH'r  say>.  -Tii 
h'ss,  Mo  prit|ii)>i- 
nall.v   ;;i;itiiiti>iis 

limU'rsi;;t|,.,l    IV. 

ever  ii;-ci'i(t,'«l  a 

OMt'  t»t'  tlli'S  '  illl 

althtiii'^a  8jtaiii 

^   still    ri:iil>  lid 

of  war  aii>l  ilic 

ami   l»t'Vo:iii  all. 

iiitt're'its'.l,  it  \»v 

lu'  statt*  ill  which 

;•  rt>Sj»  -rriv.-    li'hi 

staff  of  war  «•  in- 
11*  iiitcr.'-irc  1  l»!'i 
I,  not  of  IV-ni  !iui 

iceortl."  or  of  any 
•e  tilt'  (latf  of  Mr. 
r  <-laiiiH'tl  hy  Mr. 
I  IN'iii,  or  to  liav«' 
rij;iitly  oltjfi't  t<t 
lislieil  rtinvM'iit.i 

strained  to  assure 

'■   been  iiistitiih-il. 

'rninciits  of  .-^itaii! 

nitrtl  8tiit«'s  will 

ve  tiill   <'oiititlfiirf 

lal   to  wliifli  till- 

le  that  Mr.  l><-hi- 

law  of  tilt'  lainl. 

ntry.  tlu-  vt-sv-N 

may  (h'lKirt  with 

nation,  tln-y  ^vill 

I'd  into  an  ilh'uMl 

[>aiii.  an   aMcit-iit 

in»t  We  «'\«'tiitt'>l. 

i|H)ointm<'!it  oi  a 

■stion  npon  which 

issnrances  of  his 

ILTON  Fisn. 


district  (itfin-iu  II. 

's  OFI'KK. 
rmber  Ml  I'^i'i'- 
to  submit  to  tho 
Hits  in  any  forei^'ii 
lei  bv  tiie  pjliti- 


(111  (lepiirtinent  of  tlio  (Jovernineiit.  and,  when  so  decided,  tlie  courts 
will  adopt  and  follow  tlieir  decision. 

Tilt'  wishes  of  the  Picsidcnt  have  been  c'oniinnnieated  to  yon  b;   the 
Sccrctaiy  ttf  State  in  respect  to  the  liluds  a;;aiiist  the  jiiiii  boats,  and  it 
is  iii,\  wish  that,  as  intimated  in  yonr  letter,  yon  shall  be  ^i^JVerned  by 
lliciii  until  ytni  receive  some  fnrther  instructions. 
\'crv  respectlnlly, 

E.  K.  IIO.M?, 

Attonici/Orueral. 
lion.  Ki)WArM)S  Pikrkki'oxt, 

i'nitcd  kSfitft's  Attorney,  H^oiitliern  District  of  Nciv  York. 


Mr.  Riihcrts,  Spimish  miuistcrj  to  .][r.  Fish,  Secretary  of  State. 

Wasiiington,  Ih'cemher  1,  ISOll. 

The  nndersijined,  envoy  extraordinary  ami  minister  i»lenipoteiitiary 

of  Spain,  has  the  honor  to  acknt»wh'd^e  the  receii)t  (tf  the  note 

;7!tlJ    \vhich  the  *homMable  Secretary  of  State  of  the  United  States  was 

pleased  to  address  him  yestenlay  in  re[)ly  to  his  own  of  the  21th 

of  Nt)vember. 

Altlionji;h  it  is  not  the  i)resent  object  of  the  nndersifjned  to  discuss 
llic  points  touched  npon  in  the  said  document,  he  thinks  it  nevertheh'ss 
l)r(i|M'r,  and  absolutely  necessary,  to  say  a  few  words  and  to  ^ive  a  tew 
explanations,  detininj;'  the  state  of  the  relations  now  existin";"  betweeu 
Spain  and  the  repnbli(;s  of  Chila,  Pern,  I>olivia,  and  Ecnador. 

The  honorable  Secretary  of  State  refers  in  his  note  tt)  the  de«'laratioii 
iiKulc  by  my  pretlecessor,  .Mr.  Facnmlt*  ('nn~ii,  in  1S(»S,  by  which  it  ap|>ears 
that  he  endeavored  to  prove  that  Spain,  at  that  time,  still  considered 
herself  as  beinji'  in  a  stir  e  of  war  with  the  fonr  republics  atoresaid. 
While  the  nndeisi;>iuMl  respe<'ts  whatever  may  have  been  the  opinit)n  of 
Ills  i)redecessor  in  the  year  1S»»S,  the  time  which  has  passeil  and  the 
iiii]»()rtant  «>vents  which  have  occnrred  in  the  jHjlity  and  internal  att'airs 
(tf  Spain  since  that  time  ninst  now  be  borne  in  n)iii(l.  The  disap])ear- 
aiu'c  of  a  dynasty  from  the  throne,  ami  a  revolntit)n,  have  raised  states- 
men of  enlightened  and  liberal  opinions  to  the  direction  of  the 
!71)2]  destinies  of  the  natit)n,  and  these  nu'ii  <'onsider  the  *sitiiatiou 
of  Spain,  with  rejj^ard  to  the  rejmblics  of  the  Pacitic,  not  as  a  pas- 
sive state  of  war,  but  as  a  complete  state  of  peace,  which,  in  order  to 
lieenine  definitive,  only  needs  to  be  ratilied  by  a  di[)lomati(;  act. 

The  niidersi<jned,  in  proof  of  his  assertion,  begs  to  refer  to  his  note 
<tf  the  ISth  of  October  last,  addresseil  to  the  honorable  Secretary  of 
State,  ami  he  thinks  it  proi>er,  in  onler  that  there  may  remain  no  kind 
'if  (loiibt  npon  so  important  a  point,  to  transcribe  the  words  uttered  by 
'"f'lu'ial  Prim,  ])resident  of  the  council  of  ministers,  on  addressing  the 
"oiistitnent  Cortes,  setting  forth  the  i)olitical  programme  of  the  inesent 
Ki'vernment  of  Spain,     lie  said: 

Till'  i^overnineiit  pii)i»ose8  to  cultivate  the  relatitms  now  existinjj  between  it  and  all 
till'  other  nations  of  Piniojje,  antl  of  the  woihl;  antl  if  these  relatit)n8  shonld  be  .sus- 
l»'ii(li'(l  witii  any  government,  that  <ioveninient  wliieli,  tlnonj^h  nie,  iiastlie  honor  toatl- 
'lifrs  tlie  eonstitnent  Ctutes,  will  make  every  etVort,  so  far  as  may  comport  with  the 
tligiiity  of  the  nation,  and  hiyinj;  asitle  all  pride  and  vanity,  for  the  restoration  of  those 
tiatenial  relatit>ns  which  ought  to  exist  between  peoples  of  the  saim^  race.     The  ge  itle- 

nieii  de])ntie8  will  nnderstand  that  I  allntle  to  the  Spanish-American  republics. 
[7i);{]  Tiiere  were  times,  and  they  not  *  very  remote,  when  the  government  of  Spain 

claimed  at  least  to  exert  their  intluence  among  them  ;  and  as  they  did  so  with  ar- 
ri'gance,  this  alone  was  sufflcieut  to  excite  the  haughty  feelings  of  those  men  of  our  race, 


1' 


I 


I 


750 


TKKATY    OF    WAsniN(;TOX PAPF.R<    AfTOMPAXYINrt 


:i 


i  :  -   i   • 


■'il'i 


r::J 


cansinjf  tln>ni  to  «l«'ti'st  tln'ir  oiij;iii.  nixl  tn  rnrw'  iIm'  very  I»I«mm1  rimilatiii^  in  ih,.;, 
viins.  (Iffliii inji  fln-iiiHt-lvrs  riii-iiiirH  i>f  rvfrvf liiiiu  S|»:iiii«li.  It:it  tin*  j;iiv«'rtiiiiriii  pn 
|Mi>>('.N  n|Miii  itM-lftlif  ;;iMtityiiii;  ami  |>:itriiitii-  t;i«k  <>|' rci:.tiiiiii;;  tli<-  i-Htfciii,  ti:i'iMi>.iii|,. 
anil  atVrctiiiii  i>l"  tlmsf  iiifii.  w|i<»,  a?*  |  -iay.  arr  ot'oiir  rar<-.  aii«l  >|i-.-ak  iHii  uwn  l.iiiun.i^i 
Tlif  y;<-iitlriiirii  ili'piii  ifs  w  ill  niiiltTstaiKl  how  jir«i|H-r  it  i*  for  S|i:iiii  to  »-;ii<r  at  oiirc  an.! 
forc\<>r  into  trank  aii<l  kitxlly  nlarions  with  tli<r^'  |h-<i|i1<i>.  TIk-  ta>k  whiiji  rlii>  ;ri>v 
eriiniciit  iinjioMS  iipnu  itxitto  tiii>  itVo-t  i^  riTtaiiily  not  a  ilitli)  nil  orit-:  on  iji,' n.n 
trary.  it  will  Im-  ca^y  ;  at  li-a^t  I  fiittTtaiii  tin-  Ii«-Ii<-|' that  xvhfii  thi-  \voi«N  ,n  >\ni|i,itli\ 
ami  fiii'iiil-.|ii]i  wliifli  I  a<l<ln'>s  tln-iii  at  thin  iii'>;iifiit.  in  th«'  iiain**  of  tli**  n-^-ai  nf  ili, 
kiiij^iioiii.  in  till'  naini'  of  tin-  ^oMTnui<Mit  nl'tlit'  na'ioi).  aii<l  ^'ill  ni'>r<-  ni  tls-  irmii-  ni 
tli«' luii^litnciit  C'<>rtf>.  (lor  I    litjii-vi- tliat  I    I'aithfnily  int«'riin-t    tlnir  <li»nvN  .nul  ii» 

jiiiatiitns.'i  w  lull   tlii-M-  uonl-i.  I   >av.  Iiavni^  <to^««mI    the  s|>:irf  w  Incji   M-i>aiaTi- 
[7l»4  ]   lis.  shall  nach  tlnni.   'I  t'.il  •  uiirnhnt  that  iIh-v  will  ht'  r«-<<-iviil  with  ai>|i!.iii<.i-, 

wiili  liii'iulsliip.  and  <'\fii  witii  t<'inlfnii-v*.     Tin*  n*-t  will  U-  <l<)ii«-  liy  mn  r(|(i. 
sciitativis.  who  will  In-  liiicial.  as  nianv  oftlii-in  liav«-  not  l»--<ii  liitli<Tt  >.  an  1  ilicsi-  ii'|(. 
r«s«'ntatr\fs  may   t.-ll  the   iiihahitants    of  thi»^*  r»*|iiiMii-"«  that   tlitir  umtlii  r  iiiuntiy 
r<  I'o^ni/i-s  ahsuliitfly  tli<-ir  i-niaiM-ipation    anil   tin-ir  iiiilf|i<-ii<lin«-<- :  tlia!  tin-   iiMtliii 
foniitry  loves  thciii  as  In-r  ihililicn.  ainl  that  \v>-  lovf  them  as  our  l»nrh  t-.. 

Mattfis  beiiij;  in  this  situation,  Spain,  as  tin*  iiniU'rsi;;Mi*«l  li.ul  the 
honor  to  state  in  liis  note  ot  . Sat  untax ,  tht*  I'Tth  iiltinio.  whii  li  iluiilithss 
ifariit'il  the  Depaitnient  t»t"  Stat«*  on  the  l".»th,  as  Snmhi.v  iniii  vimti 
between  the  two  thiys.  eonti\n"te«l.  thronuh  a  nava!  roininissioii.  with  ,i 
ship  hnihh'i",  an  American  <iti/.en  of  N«-w  Voik.  .Mf.  (.'onulius  iJihi 
mater  by  name,  tor  the  bnihlin;^  of  tliiity  vessels  for  the  coast  serviee. 

The  iinihMsi^^neil  wonhl  siippost*  that  tin*  rrpiiblic  of  iN*rn  had  kimwl 
eiljic  ol  the  intentions  of  ihe  Spanisli  ;iovt*riinM-nt.  an«l  <'onst'i|iit'iitly  its 
remonstraiue  to  the  Federal  (iovmiment  of  the  I'liiteil  States,  askini- 
ft»r  the  ih'ti'iition  of  said  vesst-ls.  <*onhl  not  be  wi-!l  fonn<h*d.  it  ncvi-i 
having  bi't'ii  inti'iided  ti>  send  tlieni  to  tlie  eo.ists  of  the  l*ai-in«-:  Imt.  as 
the  mnlersioiu'd  »h)fs  not  now  ih*em  it  neeessary  to  iMit«M-  np.»;i  tliesc 
eonsitlerations.  he  ouj^ht  to  state,  in  the  name  of  Iiis  o,,viMiim<'iii. 
(7(1.")]  tliat  lie  is  ri'ady  to  make  *to  IN-iii  a  d«'ehiratio  i  siiuilai-  to  tlur 
which  tlie  representative  of  the  hitter  n-piibhe  madi-  to  Spiiiii.  in 
ISi;.'^.  in  relation  to  tin*  monitors  Uncota  and  Catawba,  and  he  desires  the 
Honorable  Hamilton  Fish  to  be  pleased  so  to  state  to  the  reprcsi  ntativr 
of  I'erii  in  ^Vashinoton,  assnrin;;  him  that  the  said  vessels,  uincli.  uii 
aceoiint  of  their  construction.  <m!i  «»aly  b.*  ii'teil  for  the  coasi  stMviet. 
are  not  tlestined  to  carry  on  hostilities  ai;ainst  his  nation,  nor  any  othci 
Ameiican  republic;  and  the  uinlersi;xned  further  adds  tiiat  tiny  liavr 
not  been  built  to  replace  other  and  lar:zer  vess^ds.  that  the  latlei'  may 
be  able  to  ^o  and  attack  l*eru   or  any  other  A:neri«Mii  republic. 

The  uudersi;;ned,  in   m  ikin;jf  these  declarations  in  the  namt-  ot"  liis 
pivcrnnu'iit,  feels  i'ontiih'Ut  that   they  will  be  .s;itisf.ictory  to  the  (1»>\ 
eminent  of  the  L'nitetl  State>  and  to  the  repreM-iitative  of  IVrii. 

The  undersi;j;ned  avails  himself  of  this  occasion  t.»  reiterate  t:>  thr 
hoiioraiile  Secretary  of  State  ot' the  l,'nit4.'d  States  the  assurances  ui 
his  hi;j:hest  consiileration. 

MAriMCIO  LOPi:/  KOP.KUTS. 

The  Fhmorable  Secketary  of  State 

0/  the  Inited  fitattiK. 


Mr.  Fixh,  Secretary  of  State,  to  Mr.  fiofpert^,  Spanish  minister. 

Department  of  State, 

W'ashlngtoH.  Ik-wmhfr  4.  l'»'»'^- 

[71M5J        *Tbe  undersigned,  Secretary  of  State  of  the  United  Statos- 
has  the  honor  to  acknowledge  the  receipt  of  the  note  oi  Mr. 


IF'ANVIXG 


COrNTKK    CASK    nr     ri|i:    IMIKIi    STATKS. 


T)! 


I,iili»'/.  lJ«>l»«'rfs.  of  tlu'  Isf  iiistiiiit,  ill  wliirli  Mr.  T.oprz  Ifolhifm  calls  tlu' 
atlt'iitioii  oi  tin-  mnl(  r>i;:!HMl  to  tin-  rricndly  sciitiiiiciits  wliicli  aniiiiat)' 
tin'  |ii«'soiit  caliiiict  t»!  .Madrid  toward  tlic  Aiimm icaii  iiatioiiaiitit's  of 
S|Kiiiisli  ori;;iii.  rs|M'ri'lIv  as  si:o\vn  in  tlir  laiiuiia.nc  iisrd  l>v  (IciuTal 
I'riiii  in  tlu'  «-oiistitiiciit  t'oiii-s,  and  in  which  .Mr.  Loin/.  Solicits  states 
ill  tiic  name  of  his  <;ovcniiiiciit  tliat  he  is  rca«iy  to  make  to  Peru  a  tlec- 
|;iration  siinihir  to  that  wliich  tlic  r«'iiresciitative  of  the  hitter  repuldic 
iiiitdc  to  Spain  in  l»«;s,  in  rchitioii  to  the  monitors  Oiieota  and  CatawUa, 
anil  ie»|iicsts  the  «inder>i;;iied  so  to  stat<'  to  the  minister  of  Peiii  at 
W  ashiiijrt«»n,  assnriiij;  him  that  the  j«iiii  boats  now  detained  at  New 
Yoiix  <»ii  the  re|»iesentatioii  of  the  minister  of  Peru  can  only  be  used 
I'op  the  <-oast  service, and  are  not  destined  to  carr.\  on  hostilitic.-  ajiainst 
rem  mu- any  other  American  repid>li»',  and  have  not  been  built  to  re- 
place other  and  lai-^ei-  \essels,  in  order  that  the  latter  may  be  able  to 
;:()  and  attack  Peru  or  any  otlu-r  Ameiican  republic. 

Tin'  uiidersi;:ne«l  lias  read  with  ^^reat   salistaetioii  the   friendly  assur- 
ances of  (General    Prim,  to  which   his  attention   has   been   callcfl.     He 
has   also   had    the  lienor  to  ti'ansmit   to  the    representative   <»f 
;T!>7|    *Peru  at  Washington   tlM'  authoritative  stitteiueiit   so  made  bv 
INIr.  Lope/  Ifoberts. 

The  uiidersiiTiM'd  avails  himself  of  this  oi)portuniiy  to  renew  the  as- 
surances of  his  tlistin-iuished  consitlcrati»Mi. 

HAMILTON  TLSH. 

Scfior  Doll  ^L  Lopez  IIoijkuts. 


I 


Mr.  Ftxh,  Secrefary  It/  Stiift',  fn  .!//•.  liohrrtx.  Spanhh  minhter. 

DEPAin'MKNT  OF  SlA TIO, 

}Vii.sltin(iti)n,  JUvcinher  8,  ISGO. 

The  undersi;;ne(L  Secretary  <»f  State  of  the  rnited  States,  has  tlie 
lioner  to  transmit  to  .Mr.  Lopez  Ifoberts  a  copy  of  a  note  <»f  the  ."»th  in- 
stant, which  he  has  received  liom  ]Mr.  Freyre,  the  ininister  of  Peru.eon- 
vcyuijj  his  assent,  «»n  behalf  of  his  ;i«>vernnient.  to  the  dejiaiture  of  the 
;;iiii  boats  c(ui.-rructed  for  the  Si>aiiish  <io\ernmeiit  by  .Mr.  Delamater, 
111  New  York  :  also  a  copy  of  the  reply  therettt  by  the  undersi;;ned. 

The  undersigned  otlers  to  Mr.  Lopez  l\oberts(Ui  this  occasion  renewed 
iissiuauees  of  his  hi^chest  eonsi»leration. 

HAMILTON  riSH. 

SScfior  Don  M.  Lt)i*i:z  Uohekts. 


:Z  KOIJLIITS. 


\i)(h  minister. 


the  uote  oi  Mr- 


[708]    *Mr.  Hobertjtj  Sjiaiiinh  miuifitcr.  to  Mr.  FiaJt,  Secretary  of  State. 

[Tiaiishition.] 

Legation  of  Spain  in  Washington, 

W'asliinytoH,  Ihctinber  8,  1SG9. 

The  nndersif^iied,  envoy  extraordinary  and  minister  plenipotentiary 
"1  Sjialn,  has  the  honor  tt>  inform  the  honor.jble  Secretary  of  State  of 
tlie  LiiiteU  States  that  he  has  received,  with  his  note  of  to-day,  a  copy 
ot  the  oue  addressed  to  Iiini  by  the  minister  of  Peru  in  this  capital,  iu 
relatiou  to  the  guii-boats  which  are  being  built  lor  the  accouut  of  the 


p 


hsi  ,' 


'' i  'i 


i  1 
t  .  I 

I  '    .    ! 


I  ' 


I 


<,)•-' 


IKKATY    or    WASlIINcirON IWPKKs    A('('(»MI'AN Yl\(} 


S|»;iiiisli  y:u\i'rmin'iit.  in  New  VoiU.  atnl  wliidi  wnr  niiliiiri^nci  ;  f 
tlic  i«'<|iU'st  of  till"  s;ii«l  n'|HTs«Mitiitivc.  iiiixir  in  Aiij^iist  liist.  ;iiit|  i||f 
one  w  liicli.  likrwisr,  mulrr  <l;ilrot  to  «liiy,ln'  liiis  ndilrrsst'd  to  Mr.  I'icmv. 
ill  i«'|il\  to  tin-  iiotf  ;ilur«'s;ii«l. 

Tlu'  mitliTsiniifd.  ill  iirrttrdjiicr  with  tin'  olVcr  made  Itv  liiiii  in  lij^ 
iiotr  ot'tiK'  1st  instant,  to  iiiaUr  a  drclaiation  similar  to  tlir  om-  iiMiir 
1>\  the  irprrstMitatiNc  of  tin- r«'i»iil>li«' of  INtii  to  Spain  in  istis.  jn  the 
iiiatttT  of  the  monitors  (  Mirota  ami  ( "ata\vl»a.  ihu-laics.  in  the  nami'of  Iijn 
jjovi'iniiu'iit,  that  tht*  said  thirty  ;;nii  boat?*  an*  not  dt-siyncd  ti»  raii\  mi 
hostilities  a^rainst  tin'  rt|niltli»'  of   I'mi.  nor  to  rrh-asr  lar;;»r  vessels  »|(. 

si^fiu-d  tor  this  pniposr.  and   In*   nnncover   -iivi's  assmaiice  tli.it 
[7iM»|    tln'\  shall  at  no  time  eomiiiit  a<-ts  ol  hostility  ay:ainst  the  'ilii^r  ,,1 

the  said  lepiiltlie. 
The  undersigned,  in  transmittinjr  this  declaration  to  the  hoiionilijt 
Secretary  of  State,  thanks  him,  in  the  name  (»f  his  ^overniiii'iit,  ftw  lijs 
I'ricmlly  interM'iition  in  ord«*r  t»»  hriii;;  jiboiit  a  satisfactory  sohiliun  of 
this  (|iiestion.  and  hereby  reiterates  the  assurances  of  his  lii;;;hcst  cuii- 
.sideiation. 

MAriMcio  iA)V\:z  K()i;i:kts. 

The  Hon.  Skcuktauv  <U'  State  of'  the  I'nitcd  stafts. 


K 


m 


Mr.  Fish  J  Sivntory  0/  St<tli\  to  Mr.  I'irrrrpoiif,  liisfrict  attornc;!. 

Dkivmmmknt  or  Stati;. 

\yashiiittton.  Ptctinhrr  S,  ls(!!). 

Sir:  I  inclose  herewith  copi;*s  of  letters  relating  to  tin'  vessels  hciiii: 
Iniilt  in  X«'W  York  by  Mr  Delaviiater  for  the  Spanish  yoverniiieiit.  (as  i> 
said,)  whij-h  have  passed  between  this  Di'paitmeiit  and  Mr.  Lopez  Unit 
erts,  tlu"  minister  from  Spain,  ami  Ctdonel  I'reyre,  the  minister  fioiii 
Peril,  as  tcdlows  : 

1st.  Copy  of  letter  from  the  Spanish  minister  to  the  Secretary  ot 
Stare,  dated  l)e<'emlM'r  1.  isii«». 

I'd.  Copy  of  letter  from  the  Secretary  of  State  to  the  reruvian  minis 
ter,  <lated  Decembers.  ISti'l. 
[800J        ;5d.  Copy  (»f  letter  from  the  Peruvian  minister  to  *the  Secrt'tnrv 
of  State,  dated  December  .1,  1  >()".>. 

4th.  <-'opy  ot  letter  lioni  tin*  Spanish  ministor  to  the  Secretary  v\ 
State,  dated  Dt'ceiiiber  S.  lSi;;>, 

r>th.  (.'opy  of  letter  from  the  Secretary  of  State  to  the  Peruvian  min- 
ister, «late«l  Decembers,  IStJD. 

The  copies  «»f  thesj-  letters  an'  forwarded  to  yon  for  your  uiiidaiifc  in 
the  proceedin.y:s  whiih  hav*-  been  instituted  at  the  request  and  in  Ih- 
lialf  of  the  Peruvian  j^overnmeiit  for  the  detention  of  the  vessels  rctencil 
to. 

Yon  will  observe  that  the  (loverninent  of  the  I7nite«l  States  is  iit 
lenjith  justitled,  by  the  assent  of  both  parties,  in  arrivinj;"  at  the  coiiclii- 
siini,  ami  in  resolving;  that  the  state  of  war  no  longer  exists  betwctii 
Spain  Mul  PiMii,  to  Justily  any  further  prosecution  of  the  coiii[>laint  tliat 
has  been  made  against  these  vessels. 
1  am,  sir,  &e., 

HAMILTON  FISH. 

Edwards  Pierrepont,  Esq., 

United  IStates  Diistrkt  Attorney,  Xeic  York. 


I'ANYIVi; 


(orNTKIJ    <  ASK    or     llii;    1  \lTi;i»    STATES.  7."»3 

Mr.  Pii'ii'tjfont,  ilintrirt  atUn'inif.  f,,  Mr.  Fi^h,  Sfvretarfi  of  Stofe. 

Ol  TICK  OF  TIIK  ATTOKNKV  oT  THK  I'MTKD  STATKS 

F«»K   I'lIK  Soj    IHKltN   IMSTI.'M'T  ^t\'  Ni:\V  YoK'K. 

II  Cliaiiihcrx  striTt^  Ihtrmhtr  1^^,  I.s«!|>, 
Sii: :  i;.\  ordrr  of  tlh' ronit.  iliis  (l;i\  iiiadr,  llif  S|)imisli  (iibMii  ;;mi- 
Miiits  an*  i»'h'as»'«l.     I  lia\ «•  diirctrd  tlic  iiiaislial  to  kcrp  tlnMii  no  loii;jf»  r 
11  cnsfoily  :  Im>  will  smrriMhT  tlirm  foithwitli. 
Voiirs.  \vv\  n'siMM-tliilh . 

KDWAKDS   IMi:i;nKP(L\T. 

I'nittil  States  Attunni/. 
Umi.  Hamilton  Fish. 

Srnetaii/  nj  Stati-.  Wash'nujtnn,  1).  (\ 


itrict  attorney!. 


ILTON  FISH. 


.>t)l,     •  Mr.  If  mr,  AttmiK-f  <l,-nrrn}.  /.»  Mr.  Fls'i,  Srr,  tnrif  ,>i'  State. 

AiToKM:v(ii:NKi;AL*>!  OiTU  r,. 

Ihrnnlnr  Hi,  ISOO. 

Sill:  ill  roiii|»liaiM-<'  with  voiw  oial  nM|M«>st.  I  sj'iiil  ;  ini  in  writniii my 
H|)iiiioii  upon  tin*  (|ii«'.stioii  wiu'tluT  it  is  proiuT  Uw  tli«  L'liiU'tl  States  to 
(aiise  a  \\\hA  to  Ik*  HUmI  iniilt-r  tlir  tiiinl  sectioii  <>  tin-  'tati;t«'  of  April 
.'!>.  \^\^.  cntithMl  "An  act  in  addition  t<»  tin*  a»  i  for  t'u*  i>!;nisliin«'nt  of 
titaiii  tiinu's  ;  jainst  tin-  L'nitt'd  States.  an*l  t»»  repeal  ilie  jscts  therein 
iiK'iitioiied,'"  o^.iinst  the  y:nn  Iioats  Imildinu-  in  >'ev  Y«nk  for  the  Span- 
ish jre'  ,.nnnent.  on  the  y:ronnd  that  they  are  procim  d  t<»  he  titted  and 
iiimiMl  with  intent  that  they  >hall  1m'  einpluyed  in  the  service  of  Spain, 
;i  t'oieifiii  stiite.  with  intent  to  cruise  or  commit  kostilities  a«jaii)-<t  the 
Miltjects,  eiti/ens,  or  property  of  a  "colony,  district,  or  |)eonle."  witli 
wlinin  the  I'nited  States  are  at  peaj-e,  namely,  a  colony,  districi,  or  peo- 
lilc  claiiiiinjx  to  Iw  the  republic  of  Cuba. 

The  statute  of  IJSI.S  is  sometimes  spoken  ol  a>  the  neutrality  act,  and 
'imliMilttedly  its  principal  object  is  to  secure  the  ]tertbrniance  of  the 
'luty  of  the  Unite«l  States  nnUer  the  law  of  nations  as  a  neniral  nation 
HI  respect  to  foreiy:u  powers.  I>ut  it  is  an  act  to  imnish  certain  ottend- 
iTsayaiiist  the  Uuited  States  bylines,  imprisonment,  and  Ibrfeitnres, 
iimI  tile  act  itself  defines  the  juecise  imtnre  of  th(>se  otienses. 

Tile  I'liited  States  have  not  reco;jni/.ed  llie  inde{>endent  national 
existence  of  the  island  of  Cuba,  or  any  i)art  thereof,  and  no 
'''•-  *  snttieient  reas«m  lias  yet  been  shown  to  justify  such  a  recofrnition. 
In  viewof  the  (iovernment  of  the  Tnited  States,  as  a  matter  of  fact 
wliicb  must  jrovern  our  conduct  as  a  nation,  the  islaml  of  Cuba  is  a 
tmitoiy  uuiler  the  government  of  Spain,  and  beloufiiug  to  that  nation. 
It  ever  the  time  shall  come  when  it  shall  seem  tittiny:  to  the  i»olitical 
'It'liartiiUMit  o\'  the  Government  of  the  United  States  to  recognize  Cuba 
lis  an  inde{)endent  government,  entitled  to  admission  into  the  family  of 
nations,  or,  without  recogniziu};  its  independence,  to  tind  thii  an  organ- 
ised government,  capable  of  carrying  on  w  ar,  and  to  be  held  responsi- 
Wt"  to  other  nations  for  the  manner  in  which  it  oarries  it  on,  exists  in 
tliat  islaml,  it  will  be  the  duty  of  that  departmeni  to  declare  and  act 
I'lwn  those  facts.  Jiut  before  such  a  state  of  things  is  found  to  exist, 
it  IS  not  iu  my  opinion  competent  for  a  court  to  undertake  to  settle  those 
'lucstioii.  The  judicial  tribunals  must  follow  and  conform  to  the  politi- 
'i'l  action  of  the  (Jovernment  iu  regard  to  the  existence  of  foreign 
48  A 


PfPfPPSBP^ 


•54 


TU'KATY    OF    WASlIlNC.rON I'AI'KK'S    AC'('OMI'ANYlN<; 


.  ■■  ■' 


! 


V 


i^ 


1i 


I* 


I'll  t 


states  iiiul  our  relations  to  tluMii,  and  it  would  iu  my  ttpiniou  be  iiicon 
sistont  with  the  honor  and  dij^fuity  of  the  United  States  to  submit  to  a 
court  ami  allow  to  be  declared  an<l  acrted  upon  in  such  an  indirt^-t  niMiiiici 
rijjhts  and  duties  toward  a  IbreijiU  nation  which  tlie  (lovernment  is  not 
prepared  distiiu^tly  and  upon  its  own  responsibility  to  avow  and  niaiii 
tain. 

It  has  been  brous:ht  to  my  notice,  as  to  yours  by  pnrsons  who  profess 
to  represent  tiie  Cuban  i-;sur^euts,  that  libels  have  already  been  tiled 
in  the  courts  of  the  rnitcd  States,  under  the  statute  of  ISIS,  to 
[80l>J  i)rocure  the  coudemnatiou  of  vessels,  ou  the  jjrouud  that  *tli('v 
were  bein<;  fitted  out  and  armed  witli  intent  to  be  employed  in 
the  service  of  a  ''colony,  .district,  or  peo[)le,"  namely,  the  colony,  dis- 
trict,  or  people  of  Cuba,  with  intent  to  cruise  and  commit  hosiilitics 
against  the  subjects  of  Spain,  a  nation  with  whom  we  are  at  ikeacc,  iiiid 
it  is  argued  that  this  involves  what  is  claimed  to  be  the  converse  ot 
the  proposition,  that  as  we  assert  in  those  libels  that  Cuba  is  a  ••colony. 
district,  or  people,"  capable  of  committing  hostilities  against  Spain,  tlic 
law  equally  ai)plies  to  an  armament  ])rocured  or  fitted  out  by  Spain  Inr 
the  purpose  of  hostilities  against  Cuba,  and  that  the  executive  govern 
ment,  by  tiling  those  libels,  have  virtually  recognized  the  "colony,  dis 
trict,  or  peoi)le"'  of  Cuba  as  belligerents. 

This  argument  seems  to  me  to  involves  an  erroneous  legal  notion,  and 
to  be  based  upon  the  idea  that  the  statute  of  181S,  being  an  act  to  pro 
tect  and  enforce  the  neutrality  laws  of  tlu^  United  States,  cannot  be  ap- 
]>lied  except  where  there  are  independant  parties  to  a  contest  entitled 
to  equal  rights ;  but  this  I  think  is  an  opinion  wholly  unsouiul.  Un 
doubtedly  the  ordinary  application  of  the  statute  is  to  cases  where  tlie 
Cnited  States  intends  to  maintain  its  lunitrality  in  wars  between  two 
other  nations,  or  where  both  i)arties  to  a  contest  have  been  recognized 
as  belligerents,  that  is,  as  having  a  sutliciently  organized  political  exist 
ence  to  enable  them  to  carry  on  war.  I  Jut  the  statute  is  not  confined 
in  its  terms  nor,  as  it  seems  to  me,  in  its  scope  and  proper  etleet  to  siieli 
eases.  Under  it  many  jiersons  who  are  insurgents  or  engaged  in  what 
would  be  regarded,  under  our  law,  as  levying  war  against  the 
jsu4|  sovereign  *power  of  the  nation,  however  few  in  number,  and  oe 
cupying  however  small  a  territory,  might  luocure  the  iittiiig  out 
ami  arming  of  vessels  with  intent  to  cruise  or  commit  hostilities  agiiinst 
a  nation  with  which  we  are  at  peace,  and  with  intent  that  they  should 
be  enqdoyed  in  the  service  of  a"colonj',  district,  or  ]»eoi>le"  not  \vii;iiiii:' 
a  recognized  war.  The  statute  would  apply  to  the  case  of  an  aniuiinenr 
]>repared  in  anticipation  of  an  insurrection  or  revolt  in  some  district  or 
colony  which  it  was  intended  to  excite,  and  before  hostilities  exis cd. 

Ijut  on  the  other  hand,  when  a  nation  with  whi«'h  we  are  at  pe;:('e,  or 
the  recognized  government  thereof,  undertakes  to  i)r()cure  armed  vessels 
for  th«»  purpose  of  enforcing  its  own  recognized  authority  within  its  own 
dominions,  although  there  may  be  evid«Mice  satisfa(!tory  to  show  that 
they  will  aid  the  government  in  the  siq)pression  of  insurrection  or  re 
beliion  in  a  legal  view,  this  does  not  involvi'  a  design  tocomniit  Imstih- 
ti"s against  anybody.  If  the  illicit  distillersof  any  section  of  tlm  i'nited 
States  coml)im;  together  to  resist  by  force  the  collection  of  the  reveinie, 
and  arm  themselves  for  this  purpose,  with  the  intent  to  set  at  deliaiiee, 
l»ermanently  and  by  force,  the  law  of  the  United  States,  they  must  w 
levying  war  against  the  (lovernment;  but  when  the  (Jovermnenr  sends 
its  otli<'ers  to  tlisju'rse  or  arrest  the  of!tnders,  although  it  may  hi"' '^ 
nen'ssary  to  enqdoy  nulitary  force  in  aid  of  its  authority,  it  certiiinl} 


)MI'ANYIN(; 

V  oiiiiiioii  Ih'  iucDii 
ati's  to  submit  to  a 
Jill  indirect  iiiiiiiiicr 
:  (lovenimeiit  is  ikii 
'  t«)  avow  juid  main 

lei'sons  wlio  prol'css 
c  already  been  tiled 
e  statute  of  isis.  t(» 
li  <»Touiul  tliat  *  tlioy 
t  to  be  oniidoyed  in 
ely,  the  eolony.  dis 
d  coniiiiit  liostilitic^ 
we  are  at  iieaccand 
o  be  the  eouveise  ot 
t  Cuba  is  a  "colony. 
.»s  against  Spain,  the 
ted  out  by  Spain  I'm' 
he  executive  jiovciii 
ed  the  "  «'olony,  (lis 

Dus  h'gal  notion,  and 

beinji'  an  act  to  pro 

States,  cannot  be  ap- 

to  a  contest  entitled 

liolly  unsound.    In 

s  to  cases  where  tlic 

in  wars  between  two 

lave  been  recognized 

luized  political  cxisi 

atute  is  not  confined 

proper  eftect  to  such 

or  engaged  in  what 
ing-  war  against  thf 

in  number,  and  m 
locure  the  littingoui 
nit  hostilities agaiiisi 

Mit  that  they  should 

])eople  "  not  waginu 

case  of  an  arniainoni 
It  in   some  district  or 

u)stilities  exis  cd. 
]i  we  are  at  pc;:c('.  oi 
Irocure  armed  vessels 

unity  within  its  own 
[huttoVy  to  show  that 
If  insurrection  oi  i'< 


COUNTER    CA.Si:    OF    THH    rMTKD    .STATK!^. 


755 


|se( 


toc«mimit  Iiostili- 
tionoftlie  i'nitcd 
itiou  of  the  revenue. 
it  to  set  at  dcliauce, 
Hates,  they  nnist  Ijc 
Government  seiuis 

liough  it  may  li"<l  " 


cannot  be  considered  as  coiuuiitting  hostilities  against  the  territory  over 

which  operations  extend. 
18051       The  question  of  belligerency  between  organized  commu*nities 

is  a  question  of  fact,  and  may  be  one  of  the  gravest  facts  upon 
which  a  nation  is  called  to  decide  and  act.  The  concession  of  belligerent 
rights  to  a  "  colony,  district,  or  people "  in  a  state  of  insurrection  or 
iiTohition  necessarily  invokes  serious  restrictions  upon  the  ordinary 
lights  of  the  people  of  the  country  to  carry  on  branches  of  manufacture 
and  trade  which  are  unrestricted  in  time  of  peace.  To  prevent  our 
mechanics  and  merchants  from  building  ships  of  war,  and  selling  them 
iu  the  markets  of  the  world  is  an  interference  with  their  private  rights 
which  can  only  be  justilled  on  the  ground  of  a  paramount  duty  in  oui- 
international  relations,  and  however  much  we  may  sympathize  with  the 
ctforts  of  any  portion  of  the  people  of  another  country  to  resist  what 
they  consider  oppression,  or  to  achieve  independence,  our  duties  are 
necessarily  dependent  upon  the  actual  progress  which  they  have  made 
in  reaching  these  objects. 

This  subject,  as  you  are  now  aware,  is  one  to  which  long  and  careful 
( onsideration  has  been  applied,  and  the  result  which  I  have  thus  brietly 
stated,  and  which  might  receive  much  fuller  statement  and  illustrations, 
is  that  upon  which  the  adniinistration  have  acted.  1  trust  that  I  have 
made  niv  view  of  the  law  intelligible,  and  have  the  honor  to  be, 

E.  E.  IIOAll, 
Atiorncy-deneraJ. 
Hon.  Hamilton  Fish, 

Sec  retail/  of  Stdfe. 


itlHuity,  It  cei 


tainiv 


mrww^^- 


I 
i 

I 


^n 


•-;■/ 


it 


m 


-it 


l^A^KT  TT. 


COUNTER   CASE 


ANIJ 


DOCUMENTS  OF  THE  UNITED  STATES. 


Wflfif?? 


!■! 


|,^ 


!  r 

i    !■ 


IV:.  '  ! 


Pli  '   -'■  : 


f.f      I  ■ 


|S07J       *CUiiAN  CORKKSl^OXDKXCK,  1S6G-1871. 


ilj  *[F()i-  roncsiKUMlencc  ivlativo  to  tlit'  prevent  ion  in  the  ports  of 

the  United  States  of  V(\ssel.s  allejjed  to  be  tittiii^' out  to  cruise 
,ii>;iinst  the  eoinnieree  of  I-'i-ance  in  LSdl,  see  voi.  7,  Claims  of  I'liited 
States  a;:ainst  (Ireat  JJritain,  pj*.  .')!>-4L'. | 


]]r.  nicLiiisnii.  ilistiiit  <(tt()nu\i/,  to  Mr.  lluittrr,  Actiii;/  Sit)\ fitri/  of  State. 

['I'clci^raiii.  I 

Oil  11  T.  r.\nKi)  Stati:s  Military  TKi.EOKAivir, 

War  I)ki'Aut:\iknt, 
Ncic  Vork,  -hinuarii  L'l,  1S(1<'» 

W  :\i.  lIiNTKK,  I'^sq.,  Avtiiuj  Sfcntdri/  of  State : 

Sir:  rpon  information  and  evidence  fui'iiished  l)y  the  Spanisli  consul 
iliat  thesliip  .Meteor  is  bein*;"  titted  out,  and  is  about  to  sail  from  this 
l>oit  Avith  intent  that  she  should  be  employed  or  cruise  in  tlie  service  of 
Ciiili  a<;ainst  the  commerce  of  Spain,  I  have  caused  lu'r  to  be  libeled 
and  detained.     Has  tiie  1  )ei)artment  of  State  any  suggestions  or  instruc- 

li(MIS? 

I).  S.  DICKINSON. 
United  Slates   Pisttiet  Attoniei/. 


■-:i :  * 


g 


\-\        *Mr.  I/intter,  Aetiifj  Srvretafji  of  State,   In  Mr.  Piehiii.soii,  liistriet 

attoriiei/. 

[■fclfj^niiii.J 

\\ Ai<m:sGToy,  Jaiii'cni/  '■^r).  lS<i(5. 

1).  S.  Du'KiNsox,  I'nited  States  Attornejf,  Xeir  York  : 

Your  telegram  of  yesterday  reached  hero  too  late  in  the  evening  to  bo 
tlioii  ans,k> .«(!.  At  present  no  suggestions  or  instructions  from  this  De- 
piirtini'Ml  relative  to  the  case  of  the  .Meteor  are  deemed  necessarv. 

AV.  IHNtKlJ. 


Mr.  />/(7,///,s(>/*,  illntrict  atfontei/,  to  Mr.  Seivard,  Secretary  of  State. 
oi'i'K  r,  OF  THE  Dlstkmct  Attoi{ni:v  or  the  United  States 

I'OR  THE  SolTIIKliN  DISTRICT  OF  NEW  YoRK, 

Nen^  York,  February  17,  ISJUJ. 

Siu:  I  liave  the  honor  to  report  iif  the  case  of  Benjamin  A\  ]\racken- 
iiii,  indicted  for  a  breach  of  the  neutralitv  laws,  tS:c.,  that  on  the  11th 


■(;o 


IKKATY    OF    WAS1IIN(JT(»N l'.\l'KI»'S    ACCO.MI'ANYINd 


instant  \w  appeared  in  court,  and,  in  the  lanjiuafjo  of  liis  counsel. 
"waived  liis  diplouuitic  privile;'e,"  and  i)leaded  to  the  indictincuf  upui! 
the  merits.  In  other  words,  he  witinlrew  his  plea  ofalh'j^'ed  diploimuii 
rehdions,  winch  relations  1  was  iirei)ared  to  show,  l>y  docnnients  so 
l)roui[)tly  and  courteously  fuinished  nie  from  theStat<>  Department,  had 

no  existence. 
[3j  lOsteban    iJo^^ers,  the  Chilian  consul,   imlii-ted  *for  a  similar 

oftiMise,  ]>leaded  to  the  indictment  without  any  suyj;-esti!)ii  dt 
privilej;e.  althou^i'h  at  the  time  he  evidently  ha«l  not  been  advised  tliai 
his  exccpnitnr  had  been  revoked  by  the  President,  lioth  cases  staml 
over  for  trial  in  3Iarch  next,  and  tluMlefendants  have  "jfiven  bail  for  tiicir 
'appearance. 

J  hav(^  the  honor  to  be.  sir,  vonrs,  «Is:c.. 

1).  S.  DICKINSON, 
I' III  ltd  Shitcs  District  Attiniini. 
Hon.  \\'II.LIA"\I   II.  SKWAUM), 

iSirr,  tarij  of'  i<tHt( . 


Mr.  !<(  intni,  Socretdri/  <;/"  Sf((t(',  ta  Mr.  lHcl:ius<ni^  distrirt  oitoniiij. 

Dkpaktmknt  ok  Stati:, 

WasliiiKjtoHj  March  ;»!,  isii,'). 
Sill:   Pursuant  to  the  re(|uest  contained  in  y«)ur  letter  of  yesterdavV 
date,  1  herewith  transmit  a  certified  copy  of  an  ollicial  paper  on  file  in 
this  Department  relative  to  the  existeiu'c  of  a  stati'  of  war  l)et\vc('ii 
S[)ain  an<l  Chili. 

I  am,  sir,  vours,  v\:c., 

WILLIAM   II.  Si:\VA!M). 
D.  S.  Dickinson,  Ks«|., 

I'nitcil  iStotc-i  lUstrict  Attoruci/,  ^cir  Y<trk. 


Mr.  tScicdril,  Stcrttarij  of  State,  to  Mr.  McCiillocli,  Sccrctunj  of  the  Trdisuri;. 

Di;i»AIJTMKNT  OF  STATK, 

\V(i,sliingf<fii,  April  10,  18(i<!. 
Sik:  At  the  instance  of  Mr.  Tassara,  the  Spanish  minister,  I 
[4J  will  thank  you  to  cause  n  vessel  *called  La  Orientale,  which  is  at 
pier  No.  X)  North  Jiiver,  Xt'W  York,  which  is  advertised  for  31oti 
tevidetj,  and  which  is  supposed  to  be  intemled  for  the  Chilian  service,  to 
be  detained  foi-  examination.  It  is  advisable  that  the  order  for  this  i»iir- 
jtose  should  be  sent  by  telej^rajdi,  as  the  vessel  is  to  sail  to-moiiDw  m 
the  day  .d'ter. 

1  have  the  honor  to  be,  sir,  yours,  iScc, 

WILLIAM  II.  SKWAKl). 
lion.  H.  ^[cCuLLorir, 

iSi'crctary  of  the  Trcaaury.  • 


(  nl  NIKK    (ASK    oF    TMK    IMIKD    STA  I  !>.  7GI 

}h:  McCiilJoi'h,  Srcrrfori/of  the  Trrnsiirii,  In  ^fr.  Seirard,  Scmtorifnj'Sfatr. 

TkI'-ASIK  V  I  )KI'ARTMENT, 

WashitH/fon.  April  11,  1S«](». 
Sik:  I  liavi'  tlir  lioiioi-  to  iU'KiiowlcMljic  tlic  receipt  of  your  <'omiimiu- 
catioii  oftlio  KMli  iiistiuit,  nM|uestiii;;- that  tlie  vessel  called  La  Orieiitale, 
advertised  lor  .Mindi'video,  be  detained  at  New  York  lor  exaiuination. 
ill  jic<'ordai»ee  witli  sueli  request,  the  foUowiii!^-  telegram  was  lorthwith 
tiiiiisinittcd  to  the  eolleetor  at  New  York: 

lictiiiii  vt'sst'l  I'iillfil  I.ii  Oiii'iiliilr,  wliicli  is  at  pin-  Nu.  :;.'.  N..itli  h'ivcr.  a:i-1  a«ht'rti>e(l 
1,11  Moiitt'V  i.li'o,  iUid  await  instnictimis  iioiii  tiiis  Dciiartnifiit. 

I  will  tliank  you  to  iid'oiiu  me  at  the  earliest  practieable  luoiiieut  what 
iintluM'  aetion,  if  any.  is  reiiuired  from  this  Department  in  the  matter. 
1  am  yours,  «^:e., 

lU'dll  McCl'LLOCir, 

Si'crcfari/  of  thi  Trrastirif. 
Hon.  \Vili,ia:m  II.  Skavakd, 

SirirtiOi/  of  ^Stnti: 


\: 


it  rift  nttonini. 


II.  SKWAIII). 


r/(;/'  /Ac  TrcKstiiuj. 


')\       *Mr.  Svicard,  SccrctKri/  of  Sfate^  to  Mr.  Dicliinson,  ili-strict  uttoravy. 

1>kpakt:mknt  of  State, 

Washiiifitoii.  A/iril  11,  1S(I(». 


M      J  111  IIV.  1(1  I  l^>       |#l  V'\,l.   «   VI*    'I     (Ij^lllllOL. 

1  am,  sir,  vonr  obedient  servant. 

\V  1 1. LI  AM   11.  SHWAUl). 

DAMEL  S.   I)[("KINS0N,   Ksq., 

Attornt'ji  of  thv  Cnitvil  St<(tis  for  thr  Soitthcrn  f^ififrict  of  Xcr  York. 


fCJ       *.}fr.  ScirHnl,  Scrrclxry  of  Sfdtv,  t:>  Mr.  Tassdra,  Sj)ani.sh  ministir. 

Departaient  of  State, 

Wasliiiifiton,  April  11,  18Gt!. 

The  undersigned,  Secretary  of  State  of  the  United  States,  has  the 
lioiior  to  acknowledge  the  receipt  of  ]\Ir.  Tassara's  note  of  yesterday's 
*lato,  relative  to  the  vessel  called  the  La  Orientals  and  -alleged  to  be  of 
II  siispici^ons  character,  now  lying  at  the  port  of  Xew  York,  and  adver- 
tisiHl  to  sail  for  ^Slontivedeo,  but  really,  according  to  Mr.  Tassjira's  be 
lief,  for  service  in  the  cause  of  the  Chilian  govermuent. 

hi  reply,  the  undersigned  has  the  honor  to  inform  Mr.  Tassara  that 
W^  mpiest  for  the  detention  of  the  vessel  referred  to,  until  her  real  des- 
tination can  '^e  made  clear,  has  been  complied  with. 


I 


■;i 


1^ 


TT 


7(12 


TKKAIV    »»l"    \VASllIN(}T(l.\ I'AI'KK'S    ACCOMIVVNYIM; 


Hi 


TIu'  un4UMsi;;inMl  otlcrs   to  Mr.  Tiissara  on  this  o((;a8ioii  roiu'Weil  .i^ 
suiiUMM's  of  his  vtMV  hiiih  coiisidcratioii. 

AVILLIA.M    II.  Si:WAlM». 
St'fior  Don  (lAiMMKL  (lAiMi.v  ^  Tassaka, 


"  i 


I  : 


[7J         *Mf.  S(  iranl,  Srcnhiri/ it/  Shiti .  io  Mr.  Wtlh'H,  Scctrturi/nf  tin  \,irii. 

DEPAKI'MKNI"  of  Statk. 

Wasltiiujtoii,  Aptil  l*i,  iMiii. 

Sill:  1  ha\t'  tlu' honor  to  int'lose  hen'with  a  copy  of  a  tf]o;rra|  tilled  is 
]»atch  irceivt'd  from  the  coniinandin^^'ollicorat  Fort  Sullivan.  .Main*-,  iind 
to  ask  your  attention  to  the  subjoct  to  which  it  lolatt's.  I  woulil  <\\- 
jjest  that  instructions  be  sent  to  the  Winoski  toco-operate  with  the  mill 
tary  and  revenu*;  ollicers  and  the  politic,  in  onler  to  prevent  or  dftVa; 
any  attempted  violation  of  the  neutrality  laws  of  the  United  .*^tatos. 
I  ha\e  the  honor  to  be,  »S:c,, 

WILLIAM  IL  SKWAKl). 
Hon.  (liDKox  Welles, 

Scrntdr!/  -of  tlir  \(tri/. 


^f|•.  M(<  'iillorh,  Stcrrhiri/  <>/  the  Trra.siiry,  to  Mr.  tScironl,  iSecntary  »/  Staf'. 

TKEASIKV  DkI'AIMMKM. 

Wufiliiiii/ton,  Af/ril 'Jii,  l>"i<i. 
SiK:   I  ha\e  tii<'  honoi"  to  submit  herewith  the  letter  of  the  •'•illfrt« 
at  Stonin^ton.  relative  to  the  j^iin-boat   Wciota,  recently  purchase«l  iioii 
the  United  Stati's,  and  now  loadin<»'  with  ;4uns,  ^un carriaire.'*.  &c..  \«i 
N'alparaiso.     The  ♦•ollecior  asks  what  cour.se  he  shall  pursue,  a  inu'stiui 
which  is  respectfully  jtresented  for  your  <*onsideration. 
With  ureal  res|»ect. 

H.  McCL'LLOCIL 
Srrrrfarif  <>/  flu   Tr>(isitrii. 

lion.  WlLLL^M  II.  SEWAUD, 

tSccntaru  of'  Stot*-. 


["^1  *[Int•lo^<llI■(^] 

Mr.  TurnhHU,  rollecior.  io  Mr.  McCitllocli,  ^Secretary  of  tin'  7'm'.>wn/. 
Oii-K'E  OF  jiiE  Collector  of  Ctstoms. 

JJlSTUlCT  OF  STOMNGTON,  CONNECTICri. 

iStoningtoii,  Ai)rH  H»,  1>»»<!- 
Siu:  The  frun-boat  Sciota,  recently  purchased  of  the  United  .^tatt - 
(lovernment  by  parties  in  New  Jiondon,  lias  been  repairinj;  at  >'«>;uik. 
from  wl  ich  place  she  cxp.ects  to  .sail  for  her  destination,  Val!>arai>«>.  ' 
understand  lier  <'argo  is  to  consi.st  of  guns,  guncarriajics.  kerosi-ne  oil. 
oakum,  \-c.  It  is  the  impression  here  that  she  !.«}  intended  for  the  (.'hilian 
navy. 


ll'ANViNt; 


('<M  NTKK    CASK    uF     rm:    IMTKJi    SI'ATKS. 


I-  lie, 


II.  si:wAi;i>. 


Vhwso.  inform  inc  if  I  shall  allow  her  to  cloar  for  Va]i>araiso,  or  what 
<'oiiisi^  I  sliall  jmrsiu!  in  rr^iard  to  litT. 
Yours,  very  ri'spct'trnllv, 

JI.  N.  Tl'IIMUJIJ., 

(Jolh-ctor. 
Hi  tni  McCir-Locii, 

tSccreifn-y  of  the  Trcusuri/,  Wfisliliujttni,  />.  ('. 


•trtin-yo/tlnSorii. 

Statk. 

I,  April  Hi.  ist'.ti. 

a  tt'lo;rra|tliirdis 
illivan.  Maine,  aiitl 
iti'S.     I  wuiihl  SU-- 
I'rate  with  the  mill- 

])rfvi'nt  or  (Ii-iVmi 
i  L'nitiMl  ."^lates. 

I   TI.  Si: W Aim. 


Mr.  SiK'i'd,  Attorney  (iinenil,  to  Mr.  h'rlhii,  tli.sfricf  aftornei/. 

Office  of  rin:  Attoijnkv-CJfnerat., 

Wdsliiiijiton,  April  1*1,  iSiU't. 
[It]  *  Sir  :  1  inclose  to  you  a  coiiy  of  a  letter  this  day  received  by  me 

from  the  Secretary  of  State. 
You  will  be  on  the  watch,  and  caret'td  to  see  that  the  neutrality  law 
is  not  violated. 

Wiyy  I'ospect fully.  «-\:c.. 

.lAMKS  spfj:i), 

Attoriuif  (loicrnl. 
UlKAM    KELI'.V.   Es(j., 

I'nitril  ^Sttites  Attornri/,  Xcir  Jjnuloii.  Coniii'rticiif. 


I 


/,  St'crttarii  of  St(it>. 

|:fai;tmknt. 
April  JO,  iMiU. 

'r  of  the  collect*, 
y  purchascil  iiviw 
•arriaires.  k^*-..  l<'i 
»ursue,  a  iiiu'stioi; 


(.('LLOCll. 
*»/■  tin  Trfaftnii. 


oi'  flir  Tri'isiirii. 

•STOMS. 
NNKillcn. 
I,  Ajytil  Hi.  1^«'''- 
the  United  Stat<  > 
pairing  at  >'<>aiik. 
on,  Valparaiso,    i 
ao-es.  kerosene  oii. 
ded  for  the  Chilian 


Mr.  ISnnnul,  Secretdri/o/  ^'^f^^  to  Mr.  Mrl'tdhH'ii.  Sccritarij  of  the  Trca,<niry. 

l)FFAT{T:NrE>;T   OF   St\te. 

W<i.shin(jton,  Apt  il  -1,  ISOd. 

8ni :  1  have  the  honor  to  acknnwledjie  the  receipt  of  your  letter  of 
the  L'Oth  instant,  inclosin;^-  tht'  copy  of  a  letter  frj)iu  the  colle(;tor  of 
customs  at  the  port  of  Stonin^uton.  in  relation  to  the  ajipreheiuled  tittin?,' 
out  of  the  j;un-boat  Seiota  (late  of  the  Xavy)  in  violation  of  our  neutral 
ol)li;;ations.  The  subjci't  has  been  brought  to  the  attention  of  the 
iVttorney-Cjieneral,  Avho  has  undertaken  to  ji'ive  the  proper  instructions 
for  the  investioation  of  the  case  bv  the  district  attornev  of  the  United 
States  for  Connecticut,  with  a  view  to  such  proceeding's  as  may  be  found 
iiocessary.  lu  the  mean  time  I  respectfully  suiij^est  the  expediency  of 
Ydur  giving;  directions  for  the  detention  of  the  vessel  until  further  orders. 
Your  obedient  servant, 

wiLLrA:\r  ir.  s^:^VA^vl). 

Hon.  II.  McCuLLOCir. 

Secretary  of  the  Trvitsiiry. 


llflj      *  Mr.   (iooiUoe,  district  attorney,  to  Mr.  Ashton,  Actinf/  Attorney- 
Gent  ml. 

Offici:  United  States  J)isTnicT  Attoiinev, 
Eastern  ])isTiaoT  Louisiana, 

^ew  Orleans,  Jjouisiana,  May  5, 18GG. 

Siu  :  I  have  the  honor  to  acknowledge  the  receipt  of  your  letter  of  the 
-tl  instant,  inclosing  a  copy  of  a  dispatch  addressed  to  the  Secretary  of 


mwfifm^ 


(14 


TKKATV    ny    WAS||IN<; TnN I'Al'llKS    A(  <  « •Ml'WVIMi 


if. 


I.    • 


Statt'  <»t  tlu'  InitiMl  States,  by  tin*  iniiiistrr  of  Spain,  n-lativf  to  a  cas, 
uf  sn]>])(>siMl  iiittMidiMl  violation  ot*  tho  iK'titnility  laws  in  this  «listri<t. 

I  liavc  a<lili'4'ss(>(I  a  note  to  tlic  coiisiil.askin;!  Iiiin  to  jMit  iii<*  in  pcKM-- 
sioii  of  any  la<ts  known  to  him.  toiirhin;;  tht*  an«';:«'<l  or  .sn|i|„»sti| 
int«iuUMl  violation,  ami  «'\|»n'ssiii;r  my  iraWinoss  t»»  tak«*  surh  >!t|is  .iv 
may  lt«'  nt'ccssaiy  to  iurv«nt  a  vi»»hition  of  tin*  hiw.  I  will  iniiiii|,ti\ 
makr  inipiiry  into  tlir  matter.  an«l,  in  i>iM*4licn<*o  to  youi*  iristrih'iJMiiv. 
tak»'  snrh  steps  as  may  seem  to  me  to  In*  neeessiiry  an«l  piopci'. 
1  am.  »S:e., 

.loiix  K.  (;(><>i)i.(»i:. 

i'ltiffl  iSt'ttis  AttoiHiu. 
Hon.  .1,  llriji.i.v  AsiiTox. 

.  1  it'nKj  . I ttonit  V- iieiurtil. 


\.  . 


Mr.  A-sJiton.  Artimj  Athtniryfirntrnl,  tit  Mr.  Stimnl,  S*rrii<irif  of'  Mnt- 


i  jA 


oiinK  OF  I  in:  Attorney  Genku'Ai.. 

W'tixhint/toH,  May  '.',  lsti(i, 

[11]  *SiK:  Voni  eommunieatioii  of  iIm' lM  instant,  inelosin;;  a  <Mip\ 

of  a  note  of  the  L'Oth  nltimo.  jnMie^M-il  to  you  1»y  the  ministri 
of  Spain,  lelativ*'  to  a  supposed  intenile«l  violation  of  the  neutiaiity 
laws  at  New  Orleans,  was  duly  re<-eived  at  this  otliee. 

The  inelosnie  was  at  onee  forwarded  to  the  l'nite«l  States  attorney  a! 
New  Orleans,  with  instructions  to  institute  imjuiry  as  to  the  truth  ot  tin 
allejrations  eontained   in  Mr.  Tassara"s  note,  and  To  take  sueh  l<';:al 
measures  as  nn<jht  l»e  found  necessary  and  pro|»<T  in  the  premises. 
Verv  respect  full  V.  <N:<-.. 

A.  nri;LP:v  ashton. 

A't<'^tj  A  tU>r»fff(J'  luroi. 
Hon.  William  IT.  Si:wai;i). 

i<crrif<(ri/  "f  Siiite. 


Mr.  .*v  frf(/v7.  Srvrctftri/n/  Shitr.  ^. .]/;-.  McCuUm-h,  Si-vnUiiifn/tlu  Trt-ayuru. 


J  i-i.  I 

lite 


Sti:  :  In  a  note  of  this  <lay.  3Ii 
that  he  has  information  that  a  ve: 
.start  from  New  London  to-night 

Spain.  Pursuant  to  his  ro« 
[12]      to  telegTaph  to  the  collector 

the  vessel  for  examination, 
.•^uflicient  carse  therefor. 

I  have  the  honor  to  be,  &c.. 

Uoi).   II.  McCULLOCII, 

Secretary  of  the  Treaxury. 


Department  of  .*>tatk. 

^Voxhintjton.  May  !•.  ISO*!. 

.  Tassara.  the  Spanish  minister.  sa\  ■« 

ssel  nanietl  the  I'auoa,  or  Tocus.  will 

or  tu-iuorrow  as  a  privateer  a;iaiii>i 

piest.  I  will  con.se<piently  thank  yoii 

of  cn.<tonis  at  that  place  *to  detain 

if  in  his  judgment  then'  shoiiM  1»«' 


WILLIAM  11.  SKWAi:i». 


ml  NTKK  (AST.  or    riii:  imtkh  >t.\ti:s. 


ICt'i 


S*  CI  dart/  •»/'  .s/«/. , 


Mr.  Chdiifllrr.  A:*slstanf  Srcntarn nf't/ir  Ttntsurt/.  to  Mr,  iSeiraril,  Sciurtun/ 

of  State. 

Tkeasi  UY  I)i:i'aktmi:nt, 

}\  a.shiiiiitoii.  '/(imairif  '2\K  !>»<»". 
Sn: :  I  am  dinrtf*]  liy  tin*  S»M'i('t;ny  to  tiiiiisinit  tor  your  iiit'orinatioM 
a  copy  of  a  h'ttri  liom  .1.  i;,  Savay:*'.  ">t  ^>\'\v  York.  ;;i\  iii^^  intonuatioii 
nt'  tli«'  aIl»'^»Ml  littiii^  »mt  of  a  privateer  at  that  port,  submittcfl  to  this 
Dcpartiiu'iit,  with  the  aeeoiiii>aiiyiii;,^  <''>py  "^  'i  letter  trom  the  Secretary 
(if  War.  A  eo[»y  of  Mr.  S;iva;,'e*s  h'tter  has  this  day  been  transmitted 
to  tlie  eoHeetor  of  the  enstoms  at  New  York,  with  instrnetions  to  him 
to  cause  an  examination  as  to  the  correctness  of  tin-  char^te  to  W  nnnU», 
and  to  report  to  this  Department  the  result  of  such  investigation,  with 
ins  views. 

I  have  the  h<»noi-  to  he.  i\:c., 

W.M.  i:.  CIIANDLKK, 

As.si.st(iut  St'cnUiry. 
lhn\.  NViLLiAM  11.  Skwahd, 

Strrctnry  of  Staff. 


[I.']]  *Mr.  MrCiiIlorh.  St-ctrtanj  of  the   Treaxuri/  to  Mr.  Seimrtl,  Secretai'i/ 

o/'  State. 


UsiiToy. 

toiury-tji  luro'i. 


TKKAsrn  V  1  >i:rAi?TMENT, 

Washiuiiton.  Feltnuiri/  Ll.  ISOT. 

Sii: :  I  ha\  c  the  lioiior  herewith  to  transmit  a  coi>y  of  a  letter  from  the 
(ollector  at  New  Y'ork.  in  reply  to  a  letter  from  this  l)epartinent,  on  the 
sultject  oi  the  alle^^ed  tilting  out  of  a  privateer  at  the  city  of  New  Y'ork. 

As  reconimendeilby  yon  a  «'oi»y  (»f  tlte  correspondem*e  on  the  sub- 
ject has  been  transmitted  to  ihe  distriit  attorney  at  New  Yt>rk. 
With  great  respect,  1  am.  sir. 

iirdii  McrrLLociT. 

Secretory  if  the  Treasury. 
lion.  William  II.  Sev^ari), 

Secretary  of  state. 


V 


U  of'  the  Treaxiirii . 


I.  si:wAi:i». 


[IiiilM>nn-.] 
Mr.  Smyth:  ColUctor.  to  Mr.  MeC'idloch,  Secretary  of  the  Treasury. 

Ci  sTOM-IlorsE.  Xew  Y'oi:k, 

Cotlector'n  Opice,  January  30,  1SG7. 

SiK :  I  liave  the  honor  to  acknowledge  receipt  of  your  letter  of  the 
LM»th  instant,  ineh)sing  a  communication  of  d.  IJ.  Savage,  esq.,  to 
iUJ      the  Secretary  i>f  War.  giving  information  of  an  alleged  lilting  *out 
of  a  privateer  at  New  Y'ork. 
I  have  the  honor  to  report  to  the  Department  that  "the  eyes  of  the 
revenue,"  by  which  name  one  of  your  honorable  pretlecessors  onee  desig- 
nated the  eiistonis  ottieials  of  this  district,  have  neither  slept  nor  shim- 
i>ered  over  the  niovemeuts  of  the  alleged  privateer  in  (luestion,  but  that 
her  proceedings  have  been  known  and  watched  from  the  beginning ; 


4.  ■»■ 


<lHi  IKKATV    OK    WASinX<;T<)X I'AIT.K'S    Al(OMI'ANYlN(; 


II 


HI 


and  ovt'iy  pn-vnitivo  itrrcautioii  taken  t«»  tViistiat*'  Iht  drsijLjns.     An 
soon  as  any  overt  aet  shall  have  been  eoinniitte<l  in  her  hehalf,  it  will  Ix- 
proinittly  met  l»v  deeisivi-  aeti<»n  <»ii  my  part,  and  a  report  of  all  tin-  l;u't«! 
in  the  »ase  made  to  the  Department. 
I  am,  verv  respect fnllv,  \e., 

II.  A.  sMvrm:, 

CoUtrtor. 
Hon.  Ill  (ill   >IerrLf,n<-II. 
iSirritat'if  <>/  tin   'I'rciiMurt/. 


In' 


Mi:  CoHitmi/.  illsh'icf  dttonfff.  to  Mr.  Sciranl,  Sca'ctatif  i>/  Sfxd . 

Offk'i:  or  Tin:  Distimct  Attoijxkv   (tr  riii:  rNiTKu  iSrAiKs 
roi:  TiiK  SuiTiiKiJN  Di.NiTitirT  of  Nhw  Youk, 

yew  Yotk,  Fclnoarif  ."»,  iStlT, 
fl."!  Sii::  *I  have  the  honor  to  report  that  I  have  this  <Iay,  in  eoiiipli 

ance  with  tin* direeti«»ns  contained  in  theletterot'('ollect»»rSin\tlM'. 
a  copy  of  which  is  herewith  transmitteil,  eansed  the  steamship  If.  If.  Ciiy 
ler  to  be  attachetl  and  liUelhMl  by  due  jirocess,  issned  <Mit  of  the  disiriit 
eonrt  of  the  I'nited  Stat«'s  tor  the  soutiiern  district  of  New  Y(>rk. 

This  proceed  in  f;-   has  been  taken  for  an  allegt'd  vi«»lation  of  the  inn 
tralitv  laws  of  the  I'nited  States. 


I  liave  th»'  honor  to  be,  iVe.. 

lion.  William  II.  S!:^vARl). 

t'^tcrrttirif  of'  Statt. 


SAML'KL  <;.  (.'(MirrXKY, 

I'nitvtl  Staffs  Attormn. 


[Iiiclo^mi-.] 
}fi.  Snijitlic,  Colkrfrn-.  to  Mr.  Vourtniij,  dlxtrht  attortuif. 


m 


CU.STOM  IIOISK,   NkW   Y'OKK'. 

ColUvtor's  Olfirc,  Fvbrminj  5,  IStiT. 

SliI :  1  have  to  rei»ort  the  seizure,  on  the  lM  instant,  of  the  steamship 
E.  If.  L'nyler.  and  request  that  piiieeedinj^s  may  be  instituted  for  tlie 
forfeiture  thereol,  tofjcther  with  lu*r  tackle,  apparel,  v\:c,,  under  thetliinl 
section  of  the  neutrality  aet  of  April  L'O,  181S.  I  im-lose  the  report  ot 
the  surveyor  of  the  i)ort  who  made  the  seizure  ami  examination  as 
therein  related,  together  with  the  register,  manifest,  crew-list,  ship 
ping  articles,  clearance,  bill  of  health,  and  letter  of  instructions 
[IGJ  *to  the  ma.ster,  the  papers  taken  Irom  the  rooms  of  the  captain 
and  his  assistant,  and  the  allidavits  referred  to  by  the  surveyor. 
and  four  drawings  taken  from  the  vessel  but  not  mentioned  in  the  n- 
port. 

1  am,  verv  respeettullv,  &c., 

II.  A.  SMYTH K, 

Collector. 

►S.   <i.  COVRTNEV,  Es(|., 
United  Statrx  AtVnneif. 


ror.MKK  <  A>i.  or  nil,  imh:i»  statk."*. 


7G7 


|IT|       *Mr.  Hcrroii,  f'nUnl  Stitlis  nun'shtil,  fn  Mr.  Itnncnimj,  Aitliiij  At- 

f'iniriiljtiitral. 


tiiiif  itf  Sfitti . 


Ofiui,   I'mtkp  SIATKS   MaK'SHAI.. 

IMSTKK  T    Ml-    LolISlAX  \. 

.\rir  ih  Irons,  .lull!  V't,  I>«»S. 

Sii: :  I  lia\«'  tin-  Inmoi- to  a«'Uiiu\>l«Mlj;('  ir<«ipt  nf  your  romimniM'atioii 
iit'tlH'  Tth  iiistaiit.  r»*Iati\«'  to  liostiU'  t'\|HMliti<>iis  coiiU'inplatJMl  ajjaiiist 
Mt'\i«o. 

Two  <'\|M'«titioii.s  siis|M'ct<'<l  of  lu'iii;;  of  that  cliaratrrr.  liavi'  Ih'cii 
lirok«*ii  up  l»y  this  oilier.  tliioii;,fIi  tin'  co opnatioii  of  rlu'  inilitaiy  antlioi- 
itirs.  Olio  IiiiihIiimI  :iii<I  loiirtccn  iimii  have  ln'cii  arrested  Juih'  i'.'5  and 
July  1,  and  h«'hl  to  answer  lietorea  l"nile<l  States  eoniinission. 

No  elVorts  will  he  spared  to  eoniply  with  the  laws  and  your  instrue- 
rjiuis. 

KespeetfuIIv.  Nouiohedieni  sej\iilit. 

I".  .1.   IIKKIIOX, 

i'niteil  Stntrs  Mtiishnl. 
lion.  O.  II.  r.i:n\v.MN<;. 

Artiinj  Atfornri/tnii*r<il,   W'ashhojdin,  />,  (.', 


Mr.  Iltrron,    I'nitt-l  Stutvs    mtirslm!,  to    Mr.  Uroicniiuj,  Artlu;/  Atturnci/- 

(itmral. 

Ornrn  r.MTKi)  Statks  Maijshai.. 

DisTR'   r  yif  Lun.^iANA. 
('tmtoh\-lIou.se  liuiUl'nni.  Xi  ir  ihh-nns,  Juhj  I'll.  ISiJS. 

Sfi: :  I  have  the  honor  to  suhiiiit  the  followiu';  report  of  my  operations 
i<»r  the  urpose  of  Itreakiuir  up  a  nioveineiit  to  violate  the  neutrality 
liiws    ot    this  (iovermneiit     h\     armed    invasion    ol    the     IJepuhlic  of 

Mexieo. 
1*»]  In  the  early  part  of  June  rumors  reached  me  *that  parties  had 

arrived  in  New  Orleans,  with  means  and  autluuity  fioiu  revolii- 
tionaiy  cliieftaius  in  Mexico,  to  i»urchase  arms  and  enlist  men.  and  to 
transport  them  to  some  i>oint  on  the  .Mexican  coast,  supposed  to  be  in 
tlie  vicinity  of  I»a;rdad.  On  puttin<;  myself  in  communication  with  the 
iMinsul  of  Mexico  at  New  Orleans,  Sefior  Ifamou  l>ia/.  I  ascertained  that 
>iiiular  indefinite  reports  had  come  to  his  Um»wletly:e. 

Kxi»erienced  deputy  uiarshals  were  at  once  set  to  tracin^i"  U[»  these 
it'lM>rts.  and  the  main  city  reutUv.vous  of  the  tililmster  n'cruits  was  in 
'liie  time  «liscovere«l  to  he  in  rear  of  a  j;'rocerv  and  liquor  estahlishment 
It  the  corner  of  Kamiiart  and  Ksphuiade  streets. 

Close  «'spiona<re  l»»'iiiir  maintained  upon  this  jdaee.  it  was  found  on 
the  L'.jd  June,  ultimo,  that  the  hand  had  completed  picparations  for  its 
"leparture.  and  was  ahout  to  iiiimediately  start  fnuii  New  Orleans.  I 
stationed  the  few  meu  at  my  disposal  to  <;uard  tlu'  various  jdaces  of 
I'^'iess  from  the  Darracks  Imihlinj;.  and  in  person  made  a  demand  upou 
tile  chief  of  the  munrcipal  poliee  for  a  sunicient  force  to  capture  the 
inmates.  Considerable  ilelay  was  experienced  in  asseinbliufr  the  police- 
nien.aiKl  placiu«j:tlu  Muider  my  tommautl  at  the  «lesi<rnated  spot. 
il9J  In  the  mean  time  the  fears  of  the  leaders  had  become  *ar«»used, 
and  they  .succetMled  ;ii  escapinj;  by  an  outlet  not  at  the  time  dis- 
coveretl  by  my  men.  The  remainder,  forty  in  number,  were  taken  into 
ciistmly,  and  oontined  in  the  military  pris(ui. 


5l 


'V 


•■I 


i  ■■ui 


768 


riJKAIV    OF    \VA«lllN(jroX I'Al'KRS    A((H>M1'AN  VI  N(i 


^1 


HJ 


St»  tar  as  tlu'  inosf  rij><M(>ns  inv('sti{»ation  «'oul(l  dovcloi),  the  iiitii  ciji 
tuiv«l  \vor»'  imaoiuaiiitcd  with  tlu'  real  jmrposi'  of  tlicir  leaders,  Aliucsi 
vitiiout  iX"«'ptiiMi  these  men  were  s«|nali(l  and  poverfy-stiiekeii,  eiiilnai  I 
injj  two  classes  at  present  very  nuiuerous  in  New  Orleans :  1st,  personsl 
Avho.  lindinjiit  inji)«)ssible  to  obtain  «'niploynuMit,  enj;a<je  almost  ini(|ii( 
tioninjily  in  anythinj;-  which  promises  immediate  sni)i>ort :  2d,  despci;! 
does  who  will  not  work  so  lon;»as  there  is  any  »'nterpris<',  uhich  ]>r(Miiist's| 
adventnre  antl  jdnnder.  St'veral  of  these  men  asseit«'d  that  llu,\  liml 
been  en«;aj^;ed  to  work  on  a  railu>ad  near  Vera  Crnz. 

Senor  Diaz  was  actiM' in  hisellorts  to  jirocure  evidence,  bnt  wliciiilit 
]>risoners  >vere  bronjiht  before  I'nited  States  Commissioiu'r  -lolm  1' 
Wells,  esq.,  on  Jnne  LTdh  ultimo,  it  could  not  be  lu'oven  that  tiicy  liiui 
been  know!:!«fly  <>uilty  of  an  attempt  to  violate  the  laws;  so  they  wvw 
discharjjed. 

On  June  27th  ultimo,  I  dispatched  two  deputies,  on  the  United  States 
«|uartermaster's  steanu'r,  Klla  Morse,  to  (Irand  Isle,  situated  some 
[20]  forty  miles  *from  Southwest  Pass,  and  the  site  of  old  Fort  bi\ 
inj^tston.  They  were  sui)ported  by  one  company  of  the  First  I  iiitcd 
States  Infantry,  under  command  of  (/ai)tain  ami  Brevet-Major  Kciizic 
Bates.  1  had  learned  that  the  leaders  of  this  tilibuster  movenuMit,  with 
excellent  discrimination,  had  selected  this  as  their  ])rincipal  camp  and 
]>oint  of  (Mubarkation  when  ships  could  be  procured  and  time  fcu'  action 
arrived. 

At  (Irand  Ish»,  seventy-four  men  were  ma«le  juisoners,  and  thence  con 
veycd  to  Fort  Jackson,  from  which  pla(;e  they  were,  after  sonu'  necessaiy 
delay.  bron<;ht  to  this  city  for  trial. 

Their  arrai^^nment  betbre  Unite<l  States  Commissioner  Wells  loolc 
]>lace  on  .Inly  I'Mh  instant,  when  it  was  tbund  that  the  same  ij^iioraiicc 
concerning  the  ulterior  objects  of  the  lawless  enterprise  in  which  they 
were  enj»a;;cd  existetl  amony;  the  rank  and  tile  as  was  noticeil  aiii.  m^ 
the  nuMubers  of  the  band  lirst  captured.  The  men  were,  therefore,  (lis 
charj;ed,but  the  four  oflicers  taken,  nanu'ly,  Hilary  Cenas,  Emile  Ikicaml, 
J.  11.  Hernandez,  and  L.  K.  Hill,  were  orden-d  to  furnish  ^ood  and  sal 
ticient  security  for  their  appearance  at  the  next  (fall)  term  of  the  I'liitcd 
States  district  court  for  trial. 

The  managers  and  orj^anizers  of  this  tilibuster  movement  dis 
{21]  played  unusual  *secrecy  in  all  they  «lid  in  this  connect  ion,  beiiiii,  up 
to  this  nu)ment,  I  feel  convinced,  perstuially  and  by  naujc  unknown 
to  all  eufjafivd  therein,  excei>t  the  recruitinj;ollicers  and  sucii  others  as 
it  was  absolutely  necessary  to  consult,  ^^'hen  the  first  arrests  were  made, 
these  leaders  are  supi>osed  to  have  tied,  souu'  to  Havana,  others  to  Now 
York,  and  reports  reach  me  that  this  latternametl  city  will  henceforward 
be  their  base  of  operations  in  this  ccuintry. 

In  conclusion,  it  ^L'ivcs  me  pleasure  to  state  that  in  all  my  ellorts  at 
suppressinj;  this  attempt  to  rupture  the  peaceful  relations  existin;: 
between  tlie  Fnitetl  States  and  Mexico  I  have  had  the  eainest  ami 
valuable  <*o operation  of  Scum'  K'amon  Diaz,  the  Mexican  consul,  also 
luou'pt  assistan«'e  fron»  Brevet  Ma.ior-(Jeneral  It.  ('.  Buchanan,  com 
mandinjr  lifth  military  district:  and  aid  from  the  local  authorities  ot 
New  '>rU'ans,  when  re<pU'st«Ml. 

1  ha\('  the  lMUi()r  to  be,  vours,  &('., 

F.  J.  HFlfKON. 
I'nHcd  ^States  Mki-sIkiI. 

Hon.  O.  11.  Bi{()\VMN'(J, 

Actiiff/  Aftornci/dcmral  of  the  I'tntrtI  States. 


OMrANVlNc; 


(MirXTKU    CASH    OF     11  IK    IMTKlJ    STATKS.  7(J9 

Mr.  Sciciird,  StrrdiWi/  of  Stale,  to  Mr.  Erarts,  Affornri/ihiicra]. 

Dei'Ai;'I':\ient  or  Sta'je, 

\V((sliiii(/t<>)i,  yorciiilirr  IJ,  ISIJS. 
■22]  *SiR  :  I  liiive  tho  Imiior  to  iiiciosc,  lor  your  coiisUh'rMtion,  a  copy 
of  an  artii'lo  i)ul)lislM'«l  last  »'\'  iiiu;;'  in  a  U'spcctalilc  iicwspajxT  of 
the  city  of  New  VoiK,  it'lVnin.u-  to  the  reported  or.^aiii/.atioii.  at  that  and 
oilier  cities,  of  expeditions  for  ihe  invasion  of  ('ui>a.  While  this  Depart- 
nifiit  has  no  inforinaiion  of  any  sncii  illc>ial  organization  in  progress  or 
(•(Uitcniplated,  1  nevertheless  de«Mn  it  my  dnty  to  l»rin<;-  the  suliject  to  your 
iKitice,  to  the  end  that  if  yon  iln<l  reason  to  uive  any  credit  to  r'ae  rumors 
nll>roiected  violations  of  our  laws  for  the  preser\ation  of  neutrality, 
such  instructions  nniy  be  issued  to  the  district  attorneys  and  nuirshals 
otthe  I'nited  States  I'ecpiired  lor  the  defeat  of  the  schemes  in  (piestion, 
1  am,  sir,  \ours,  ^:c., 

WILLIAM   II.  SEWAKI). 
iloii,  William  M.  KvAiMS, 

At(i>rHvii-(i(ner<tL 


m 


I 


Mr.  EcartSj  Attornri/itcitrrdl.  to  Mr.  Court  iiry,  (Jisfricf  (iltvrncij. 

OiTicK  oi' Tilt:  ATr()i;M:v-(ii;Ni:KAr., 

\V<(sliiiKito)i,  XoriHihir  It,  lS(iS. 

Sii;:  I  desire  to  aslc  your  immediate  attention  to  an  aitide  in  tlie 
Xrw  York  Ciunnu'ri'ial  Adv(Mtiser  of  Novend)er  loth  instant,  relative  to 
runnus  of  a  projected  expeclition  auainsr  ('iii»a.  with  some 
-.')|  sui»i>osed  ol>j«'ct  of  annexation  of  that  *islan''  to  the  I'liiied  States. 
Such  expeditions  are  in  \  iolation  of  our  neutraiiiy  law  s.  and  1  he;;' 
that  you  will  j;ive  the  suhject  imme(liate  attention,  and  report  to  me  the 
ivsiilt  (>i"  yonr  iiujuiries  durinj;  my  exix'ctcd  visit  to  the  city  of  Mew 
Voric. 

I  am,  verv  respect  full  v,  vonrs.  tM:c., 

WM.  M.  KVAL'TS, 

Attiinuyihiurnl. 
s.  (1.  ConiTXKv,  Ks((.. 

i'nilcd  KS(<tt(s  Attoiin  j/,  Xrir  Yuri:  f'iti/. 


Mr.  Murruy^  United  tSti(f':s  ))inrsliiil,  to  ^^r.  A\vo7.s',  Atloriir!/-Gt'neral. 

I'^.N'ITKD  SrATi:s  Mawshal's  OFI'ICK, 

Sul  'JilKKN   DlSTKU'T  OF  M'KW  YoUIv, 

yeir  York,  Xorenihrr  VX  1808. 
8ii{:  Ihave  the  honor  to  ackm>wled,i;(  the  rcceii»t  of  your  h'tt«-rof  the 
It'll  instant,  callin.i;' my  atlenl  M»n  to  an  article  in  the  New  York  </om- 
iiicifial  Advertiser  of  November  lOth  instant,  relative  to  rumors  ol  a 
piojccted  «'xpedition  ai^ainst  Cuba,  with  some  supiM)s<-d  object  of  the 
i'luiexiition  of  that  island  to  the  Tnited  States,  and  direct inj;- me  to  ;>ivo 
flit'  .-iil)je('l  immediate  alleniion,  and  report  to  you  the  result  of  my 
iuqiiirie's. 

49  A 


m 


770 


Tin'.AIV    OK    VVASllINTJTON PAI'KKS   ACCOMrAXYIXCl 


■^j 


In  roi»ly  tlicri'to,  I  have  to  stato  tliat  I  havo,  made  a  tlioroujih  ini 
tiji'atiou  into  the  iibovo-naiiuMl  ])i'oJ('{'t('(l  cNi^'dition,  and  find  tliiil  ir 

no  cMstiMK-r  in  fact.     It    is  line  that   a  nundxT  of  well  ]< mi 
jL'4]      tilihnsti'is  have  *o))cn('d  an  otHco  at  4;)iS  IJroonu'  strrct,  in  t| 

city,  f<»r  tlic  ostcnsiitlc  jiuiposc  of  «Mdistin<i^nu'ii  for  the  invasiml 
tlu'  islaiui  of  Cuba,  l>iU  loally  widi  a  view  of  nialcin^'  nionoy  ont  ol' 
icsidont  Cubans  in  this  city,  who  sympathize  in  the  canso.     Ibit  I 
hai)py  to  inform  you  that  thus  far  tliey  have  been  unsuccossful. 

I  have  the  honor  to  remain,  •See.. 

jjoiiKHT  ]\ii;kkay, 

initi'd  Staten  M<ir.sliitl\ 
Hon.  W-vi.  ]Vr.  KvAKTS, 

Attonu'i/ihnintl,  }V(ishi nylon,  I).  C. 


fll."»]      *  Mnnoranthim  from  Sixoiish  niini.stir,  rccrlrcd  Murcli  1!),  ISC.ii. 

Fioni  otiicial  information,  (h'servini:-  entire  ereth'nee,  it  is  kmuvn  tli;i 
at  the  ]»»»rt  of  .laeicsonvilh'  or  l''ernan<lina,  on  thi^  coast  of  I'loriihi. 
steanu'r  is  bein.i;"  littcd  ont  by  the  name  of  Salvador,  (or  ]ierhaps  sinn 
other  name.)  for *he  purpose  (»f eomniittin.in<h>predationsin  the<'li;uiuir 
of  a  piivateei".  and  witli  the  Ihiii'  of  the  Cuban  insurgents,  against  tli 
maritime  cctmmerce  of  Spain.    The  vessel  will  leave  port  with  tiie  i  nil 
States  tiaji",  an«l  at  sea  will  replace  it  by  that  of  said  insurj^cnts.    Cdi 
sidi'rin.u'  that  this  st<'amer.  under  the  absuid  ju'etense  «d'  sympatlii/iii 
with  the  Cidtan  insurgents,  has  no  other  object  that  that  of  coiniiiittiii'. 
acts  of  pirai-y  a;;ainst  Spanish  commei'ce,  it  is  eai'nestl.N'  hoped  that  ilir 
rinte«l  States  (lovernment  will  use  all  the  nu'ans  it  may  deem  necessuiy 
to  avoid  a  procee<linj:"  so  scandalous  and  so  coutrai-y  to  the  law  (»!'  iia 
tions. 


('( 


I'Hi 


:r'-^ 


:li  "- 


m 


M< inorunffnm  from  Sjnoti.s/i  iniiilstcr,  y(C(ir((l  ^fl(i^vll  1'.>,  1S(!;). 

Accoidin.ii  to  inl'ornuitiou  reccixcd  IVoia  New  Orleans,  !Mobile,  .1 
sonville.  I'lorida.  Charleston.  Savannah,  and  other  soutliriii  port>. 
busterin.!:;'  expeditions  are  bein.ii"  oryani/ed  in  said  ports,  for  the  piiij 

of  joinin;;-  the  insurgents  in  the  island  of  ( 'ulta. 
|lM)]  "*lt  is  hoped  tiiat  tlie  (ioverument  of  the  Cnited  Stales 

renew  the  orders  pre\  iously  issued  to  the  local  autliorillcs.  ( 
trict  attorney. ,  collectors  of  -  ustoms,  Cnited  States  marshals.)  to 
etfect  that,  actinj;  in  harmony  with  the  consuls  of  Spain  oi  other  d 
authorized  a^i'cnts,  such  measures  may  be  taken,  a^re<'ably  to  law 
shall  prevent  and  «lefeat  such  actsof  a.y^ressimi  against  a  nation  li  ici 
to  (he  Cnited  States  and  their  ancient  allv. 


ilCK- 
iili- 
K»S(' 

will 
'  is- 
tiic 
ul\- 
.  ;i^ 
i.llv 


Mr.  Fiti.<,  Sivntaryof  State,  to  Mr.  JionfircU,  Strretari/  of  the  Trvii>^nnj. 

Department  of  Stati;, 

Murvh  LM»,  18(i!>. 

SlK  :  This  Departnunt  is  informed  by  the  nnnister  of  Sjjain  that  In' 
Las  official  infoniuition  to  theclfcct  that,  at  tlic  i)ort  of  Jacksonville  m 


yn. 


icroMPAxvixa 

nsulo  a  tlioronfjli  iii\>^ 

oil,  JMmI   (iinl   tllllt    it  hiisl 
lllimlMM-    of   well  I<!|,nv;^ 

liroomc  stiu'ct,  in  fh^j 
ijKMi  foi- tlio  iiiv:i,si()|iiit 
kiii^-  iii()iu\v  (Hit  of  till,  i 

I  tlic  csmse.     Uut  f  nm 

II  uiisiiccosslnl. 

•:ht  i\iu]{kav, 

nih'd  ^States  MarNlml, 


COrNTKIi    CASK    OF    TIIK    r.Mir.D    s  lATKS. 


71 


FciiiaiMlina,  in  Florida,  a-  steamer  is  bciiis  littcil  out  l)y  tlic  iiaiiii'  of 
Siilvador,  (or  perhaps  some  other  name,)  (or  the  purpose  of  «MHiiiiiittiii,u' 
(l('pi('(hifions  ill  tli<^  character  of  a  i>rivateer,  uiitler  tlie  lhi<;'  of  the  (JiiWau 
iiisurj;eiits,  upon  the,  maritime  commerce  of  Spain.  It  is  sup[)i)se(l  to 
he  the  intention  of  the  steamer  to  h'ave  port  niidei- tlie  I'liited  States 
llaji,  to  be  afterward  replaced  by  that  of  tlie  insuri^ents  referred  to.    It 

is,  tliorefon',  sufij^ested  thi'i  such  instrnctions  b«'  ;:iiven  tooflicei's 
L'7|      subject  to  t  lie  orders  *of  your  I)ei)art:iieiit  as  may  prevent,  or  lead 

to  the  piiiiisliment  of,  any  otl'ense  which  may  be  committed 
imainst  the  laws  of  the  LTnited  States  liy  the  i)avties  who  may  be  eu- 
■^iiued  in  such  an  illegal  enterprise. 

J  have  the  honor  to  be.  «Iv:c., 

liAMILTOX  FlSir. 

Hon.  GjOOlUiK    S.  liOl^TWELL, 

ISccrcfari/  of  the  Trcdsitr}/. 


red  March  1!>,  ISdii. 

h'lice,  it  is  known  tliai 
he  <;oast  of  Moiidii.  a 
idor,  (or  jierhaps  s(niii' 
lationsiii  tlie  ch;iiiitlii 
isiiryeiits,  a,i:-ainst  the 
■e  iMUt  with  the  liiittd 
<aid  insurgents.  {\n\- 
iense  of  sympaf lii/iim 
lat  that  of  comniittiiii; 
niestly  hojied  tlial  [Im- 
it  may  deem  iicccssiht 
laiv  to  tlie  law  of  ii;i 


Mnrli  1!>,  ISC!). 

)rleans,  Mobile,  -hick 
r  Sdut ih'iii   ports,  lili 
>oHs.  for  the  pmpit--i' 
>a. 

Tnited  States  will 
»cal  aiitlioritics.  c  is 
s  iiiarsliaf"^.)  to  the 
Spain  oi  other  dnlv 
ii;ireeal»l>  to  l;iw.  n-; 
iiist  a  nation  fiicmll.\ 


iri/  (»/  the  Trviisiinj. 

ov  Stai'i;, 
March  I'll,  18(i!i. 

M-  of  Spain  that  lie 
of  Jjicksoiivilie  itr 


Mr.  Fish,  Secrcf<ir!/  of  State,  (<>  Mr.  Hoar,  Aflonu/i-drii/ raJ. 

DEPART:\rENi'  ol'    Si  \ri;. 

Morrh  ::<».  lS(i!>. 

Siij :  The  l^epartinent  has  received  information  to  the  effect  that 
illt'ual  exiieditioiis  are  in  juojiress  at  New  Orleans.  .Mobile.  .i;icl;soiiviile, 
ClKiileston,  Savannah,  and  other  southern  ])orts.  foi-  the  purpose  of  aid- 
ing the  insur^jfents  in  the  island  of  Cuba.  Jt  is  coiise(|ueii{ly  s\io-;.';este<l 
i!i;it  such  instructions  be  ;^iveii  to  the  proper  oflicers  in  that  (juarter  as 
iii;iy  prevent  or  lea<l  to  a  punishment  of  any  violation  of  the  act  of  Con- 
::i('ssof  the  iMItli  ot  April,  IMS. 
I  have  the  honor  to  be,  »>cc., 

HAMILTON  FISH, 
lion.  F.  K.  IIoAiJ, 

Attoriici/GcHcraJ.  • 


i  /"  .[<linir(il  Porter,  tor  Sirrrtarii  ot'  the  Xttri/.  ti>  Mr.  Fish,  Seentari/  of 

\stitte. 

X.vvv  l>i:r.\KT\ii:NT,  ^fare]l  l"J.  lS(i'.». 
-'^!  *Sii{ ;  T  have  the  honor  t'»  ackiiowledm'  t!ie  receipt  of  your  letter 

of  the  L'Oth  instant,  re^ardiii^  the  report  which  has  reached  the 
Siiiiiiisli  minister,  of  the  littiiij;' <»ui  of  a  steamer  at  Fernandinaor  .iack- 
s'lnvillc,  to  cruise,  under  the  lla«:f  of  the  ('iibnii  insur^'ents.  a.^ainst  the 
coiiiiiierce  of  Spain, and  to  inform  you  that  pro]terinstructions  have  been 
;:iv('ii  to  Hear-Adniiral  lltdV,  commanding  the  Ninth  Atlantic  sipiadron, 
itii  llie  subject. 


\'ery  respet;tfully 


Hon.  Hamilton  Fish, 


DAVID  1).  FOIiTFR, 

Vice  A'l  Ultra  J,  for  Secretary  of  the  Xorii. 


■\.  k 


Secretary  of  State. 


'■r-K'.^vm,yy['"'^y' 


1 


■  i 


It 

■'t    < !  ' 


772        Tur.Ai'v  OF  nAsHiNMnoN — i'.\i'i:i;s  acco.mtanvinc 

Mr.  Iloin\  Att<>r)i('i/-(i<')urtil.  to  Mr.  ]>!shc<\  (li.sfrict  (tftornn'. 

Att(>ij>'EY-(Jknki{Al"s  OiTiCK,  Mxrvh  i',!.  isdit, 
SiK  :  Tliis  Dcpiiitinciit  liiis  rcrcixi'd  iiiloijiiiition  tlial  n  stcimici'  is 
bciiii;  littcd  out  iit  tlic  \unt  of  .litcksoiiN  illc  or  lMMii;ui!liii;i.  in  yoiir  ills 
Iricr.  lor  tlio  jmrposc  of  coimnittiii^u'  (N'prtMliitioiis  in  tlic  cluiriicfri'  of  ;i 
]ii  i\  Mtccr.  uikU'I' tlic  Hiiji' of  tlic  Cnliiin  insiii';Lii'ii»s,  iiixm  tlic  iiiariliinc 
fomiiM'i'cc  of  Spuiii.  It  is  supposed  to  bo  tlio  intention  of  the  stcinn,.] 
to  have  tlie  jioit  under  tlie  tlaj^' of  tlie   I'nited   Stiites,  to  he  alterwuid 

rei)IiU'ed  l>v  tluit  of  tlie  insnijiciits  referred  to. 
[2!)|  *You  are  instructed  to  coniniunicatc  this  information  lo  \]\v 

Fnited  States  marshal,  and,  with  him,  take  such  iiieasnrcs  ;is 
may  pri'vcn'  such  a  violation  of  tlu'  laws  of  the  United  Statis,  and  lo 
re[)ort  vour  action  to  this  otiice. 

N'crv  respectfidh.  vours, 

i:.  \i.  noAi;, 

Attorncy-dincrdl. 
IIoKATio  r>rsi?F,i',.  .II'.,  Ksip, 

i'niii'l  tStatcs  Attonuji,  Soinf  AKijKstine,  FlorUhi. 


r,'^^ 


f\  !. 


Ill- 


1,1 


Cliarleston,  Sa\annah.  and  other  southern  ports,  lor  the  puiposc  of  aii 
iiiu  the  iiisur,uents  in  the  islaiul  of  ('id»a. 

Vt»u  are  iierel»\  insiructed  to  keep  a  close  \vat<;h  on  any  expcchlimi  ( 
this  character  wliich  you  may  have  reason  to  supi>«»s(' may  he  atttiniii' 
in  your  district,  and.  with  the  aid  of  the  marshal,  to  take  such  stcjis  li 
it.s  [d'eventiou  or  punisiimeut  as  arc  warranted  by  law. 
N'crv  r«'spectlullv, 

K.  i;.  no  A  It, 

AUoniii/dtiirriil. 


\:Mi\     *Mr.  Hour.  Aifornri/  (it-nn-nl.  to  Mr.  rish,  Srcrcfari/  of  Stulv. 

A'I'TolJNKV-dKNKlJ  Al/S  (  )F1'I<'1':,  M(trch'l'.\,  ISdii. 

iSllf  :  I  liave  th''  honor  to  acj<no\\  Icd.u'c  the  receipt  of  your  letters  ol 
the  liOlh  iu>taiit,  relative  to  alley-ed  illcual  expeditions  mnv  in  pro;:n's> 
at  \arious  s  uitheru  poit.s,  t'oi'  the  i>urpose  of  aidin;;'  the  insarjiciits  in 
the  island  of  Culta,  and  to  the  case  of  a  steanu'r  lieini;'  filted  oiii  at 
.larksonviUe  or  Fernandica,  for  the  pui  pose  of  comnnttini:  (Icjurdatioiis 
on  Spanish  comnu  rce,  as  a  i)rivateei',  under  the  Ha^'  of  the  insuriicnts 
rcferi'cd  to. 

As  suyjii'sted,  such  instructions  ha\e  been  issued  to  the  olticcrs  ("I  tin' 
(iu\ crnment,  sid»jcct   to  the  (uders  of  this  J)e[)artinent,  as,  it  is  ImpiMl. 


coiwi'i:!;  (ASK  OF    Tin:   r.siri:i)   siaiks. 


(  (.» 


iiiiiy  Iciid  to  t!i(^  prcvciitioii  or  iMiiiishinciil  of  any  such  violarioiis  of  (lie 
hiws  ol'  tln'  TiiittMl  Slates. 

\'ei\'  irspcctliillv,  sir,  (.^ic, 

K.   I{.  lIOAh*. 
^Ationicii-d'iinaL 
Hon.  llAMii/roN   Fisir, 

kSccret<(ri/  of  IStaic. 


\^\ 


M/r.  /-'/.v//,  Srffr((i)-)j  of  Staff,  to  Mr.  Bnclm 


nun. 


Bei'Autment  (ti'  Si'AJi:. 

Manh  .".O.  ISGl). 

SiiJ:  I  liave  to  ackno\vl('(l<;('  tlic  receipt  ol'  your  letter  oT  Hie  l';)«l 
instant,  adcht'ssed  to  the  President,  and  hy  him  referred  t(»  this  Depait- 
iiii'iit,  in  relation  to  the  sei/nre  and  eondenmation  (tf  the  Uark  (leorjiiana 
hy  the  ,m>\'ernnient  of  Spain.  In  reply  I  ha\t'to  state  that  tiiedcor- 
jiiana  a[>i>ears  to  have  hei-n  eondenmed  hy  a  Spanish  admiralty  court  of 
the  first  instance,  as  a  lawful  prize  of  war.  in  consetpience  of  her  lia\  in,u 
Ihm'ii  en^aji'ed  in  transporting' a  military  expe(lition  and  its  munitions, 
ilfsinucd  for  the  invasion  of  the  island  of  Cuba.  If  the  Judunient  of 
tliat  i'ourt  was  eirom'ous,  a  remedy  should  ha\('  heeii  son,i;h1  by  the 
(iwiier  ot  the  (ieoi'j;iaini,  thron;^!!  appeal  to  the  court  of  last  resort, 
wlicie  it  is  to  be  presunu'd  that  the  error,  if  any,  would  haxc  been  cor- 
ncied.  If  it  weic  admissii)le  now  to  discuss  tlie  propriety  of  the  Judy- 
iinMit.  this  (iovernment  is  not  in  possessiini  of  such  information  as  would 
iii;ib!e  it  (o  show  the  condemnation  of  the  \essel  to  have  been  nnwar- 
riiited.  It  is  not  sullicient  that  tlu'  ownei's,  ami  even  the  master,  were 
ijitM)rant  of  the  destination  and  i>urposeof  theci'iniinal  expedition 
1-1  *in  which  the  vess<d  was  employed.  "The  question,"  it  was  said 
by  Judyc  Iletts,  deliveriin;-  the  Jud.u'inent  of  the  district  court  for 
till'  souihern  district  of  New  York,  (MUidemnin^'  the  schoiuier  Napoleon, 
"is  as  to  the  innocency  or  j^uilt  of  //(/■  rcs.svl,  as  if  the  transaction  in 
wliich  sh('  was  implicated  was  one  of  |»ersonal  violation  on  her  part.'' 
lb'  farther  renmrUs  tliat  "  the  most  <listin,uuislied  and  unblemished  rep- 
iitiiliiMi  on  the  |»art  of  a  shipowner  will  not  prote(!t  his  vessel  from  con- 
tiscation  when  it  is  eniiaiicd,  tiirou.uh  untrustworthy  agents, and  without 
ills  knowiedj^e,  an<l  a^iainst  his  prohibition,  in  illicit  employments,  in 
iiilraclions  of  revenue  and  fiscal  laws,  and  pre-eminently  in  violating' 
the  laws  of  war." 

Tiierejs  nothin,:;-  to  show  ;hat  this  dociiiue.  of  which  this  (Jovern- 
iiiiiit  has  availed  itself  durin;^'  the  late  rebellion,  was  not  legitimately 
iipplieil  to  the  case  ol'  the  (ieorgiana.  It  is  not  thought  advisable, 
llit'ielbre,  to  renew  any  ci)rrespoiMlence  with  the  Spanish  govei'ument 
iiiielation  to  this  vessel,  which  was(t|iene<l  with  a  view  mainly  t(t  res- 
cue from  the  severe  penalties  of  S[)anisli  law  the  (h'lnded  members  of 
ilic  illegal  expi'dition. 

1  am.  sii",  vour  (tbedient  servant, 

HAMILTON    ITS  11. 

AWCII.   liuClIAXAN,    I'Nq., 

Caimlen,  Maine. 


a 
¥ 


BlIMMj.^l,  _'l.  II 


If    j  i ; 
ii 


t 


74 


TK'KATY    OF    WASH  I\(;T()N' rAI'KRS    A('COMI»ANVIN(; 


|.'i3j       *M)'.  Boutircll,  Scn'itani  of  tlic  Treiisto-ii,  to  Mr.  Fish,  Scrrcfayii  i.f 

\st((t€. 

Tu'KAsruv  Dkpatjtaient, 

Washhujton,  April  .">,  isd'.i. 
Sii; :  I  liaviMlic  lionor  to  iicknowU'dji'c  the  ivccipt  o*"  nir  letter  ot 
the  LMHli  ultimo,  st'.itiiij;  that  you  had  been  advised  1-^,  iiio  ipiui.ster  u\ 
Spain  that  he  had  received  iMtoniiatioii  of  tlie  fittiii*;'  out  of  a  slemiici. 
.siipi)(»sed  to  be  the  Salvador,  at  the  port  of  .IacksoiivilUM)r  I'diiaiidini, 
Florida,  as  ii  Cuban  privatet'r.  \vhi('h  mi^ht  leave  port  under  ilie  ila:: 
of  the  InittMl  St;!tes,  f«>r  the  pur[)osti  of  couunittin^'  <U'[)retlati(t!is  on 
the  inaritinie  coininei'ce  of  Spain. 

In  repiv  1  have  to  inform  you  that  inquiry  was  made  of  tlio  coUoebus 
of  the  above  ports,  who  re[>ort  resi»eetively  that  no  such   vessel  is  lii 
tins'  out  as  alle^^ed. 

1  inclose  herewith  a  copy  of  the  r<'ports  in  tjuestion. 
,  \"erv  rospet'tfullv, 

GEO.  S.  BOITWELL, 
iSecretari/  of  the  Trcasiiyn. 
lion.  Hamiltox  Fisir. 

Scirctari/  of'  State. 


i  ri; 


ff 


*'»   ■  'Ai*  ^ 


m 
m 


*'  -1^ 


mmmm. 


[Iiicltisiiri'  \(i.  1.] 
j\Ir.  Monthly  collector,  to  Mr.  BoiiticcU,  iSecrctary  of  the  Treasury. 

Jacksonville,  Fi-ouida, 

('ustom-Hoase,  March  26,  ISii'.l. 

Sir  :   1  havo  the  honor,  in  reply  to  your  letter  of  li-d  instant,  diicct- 
ini;'  that  1  examine  an«l  rei>ort  if  ther*^  be  any  such  vessel  littiiig 
[.■»4]      out  in  *this  port,  as  Salvador  or  other,  with   intent  of  bciii;:  ;i 
Cuban  privateer,  «S:c.,  to  intbrm  you  that  lliere  is  no  steaiiier  i>i' 
other  vessel  in  this  [)()rt  titting  nr  preparinj;"  to  lit  out  for  any  micIi  oh- 
Je«*t.     There   are   no   .'i^eamers   in   this   i)ort,  <'xcept  our  re;^nlar  river- 
boats,  besiiles  the  steam  pleasure-yacht  I'"'ire-Fly,  of  New  York,  belong- 
iiifi  to  .Mr.  T.  I*.  .lames,  who  is  on  board  with  his  family. 
I  am.  verv  I'espectfnllv,  «S:c., 

P.  MONliV,  Colhrior. 
Hon.  (lEO.    S.   JIOITWELL, 

Scrnfarij  of  the  Treasury,  Washington,  I).  C. 


[Iiiclosuif  No.  '2.] 

Mr.  RoHX,  coUector,  to  Mr,  Jiovtirell,  tSccretary  of  the  Treasury. 

CtJSTOM-lIorSK. 
Fernanilina,  Florida,  March  !'!>,  l^'i''- 
Sik:  l{es])oetfully  referring  to  your  letter  of  tlie  2L*d  March  instiiul. 
I  hav»'  the  honor  to  reply — 

That  there  is  no  steamer  in   or  near  these   waters  named  Salvador, 
nor  any  steamer  else  than  .small  tow-boats  employetl  liereaboiit. 


C'Ol'NTKU    CASi:    OF    TIIK    IMTEl)    .^TATKS.  (7;» 

SlioiiM  J'liy  iMovciiuMit-  1)0  (IcvcIoixmI,  yimr  instiix'tion.s  relative  to  the 
iioiitralir.v  act  of  A|)ril  I'D,  ISIS,  will  he  duly  enforced. 
1  have  the  honor  to  he,  yonr.s,  »S:('., 

GEO.  S.  IIOUX. 
Hon.  (ii:o.  S.  liorrwiu-L, 

^Si^<^l^l^fa^'t/  (>/  tkc  T I'ct I !i H f jj ,  M'ttshiiit/ton,  />.  C. 


of  ihe  Tt'caHury. 


[ijj    *  Vice- Admiral  Porter^ /•»'  St'crefdri/  of  the  yury,  to  Mr.  Fif<Ii,  Srrrr- 

I  (try  of  tShifc. 

2s  AW  1  )KPAirrMi:.N  T. 

W((sliin(it<>n,  April  (3,  ISdlJ. 

Sill :  T  have  the  honor  to  infonn  you  that  a  reixtrt  having  reached 
this  Department  tiiat  an  expedition  was  littinu'  out  at.  or  luid  -mailed 
Iroiu,  New  Oi'leans,  to  land  in  Cuba,  instructions  were  ininiediately  sent 
In  t('le},naph  to  Jiear-Adniiral  H.  K.  Holt,  comnnindini;;  the  North  At- 
lantic s(|uadron,  to  endeav«)r  to  arrest  the  expedition.  He  l.as  tele- 
maplied  in  reply  that  he  would  leave  Havana  the  ."id  of  Ai)ril  for  the 
Mississippi,  in  execution  of  the  l)ei)artnient"s  orders. 
Verv  respectfullv.  «S:c., 

])AV11)  1).   I'OI-^KIJ. 
For  the  Sicritory  n,   iht  Xavy. 
lion.  11a:mii:t()N  Fish, 

iSccrt'tari/  of  iStute. 


ONDV,  Cvtlcrt'o: 


Mr.  Fi.sh,  Secretary  of  State,  to  }fr.  Ju>hcrts.  Spaniah  uiinister. 

l)i:rAKT:vrENT  of  State, 

\V)(.'<lilmifon,  April  7.  ISdO. 

Siij :  In  ;uisw«>r  to  your  informal  eomniiudcation  concernin«i;  the 
steamer  Salvador,  1  iia\e  the  honor  to  transmit  herewith  a  copy  of  a 
ict'er  addressed  to  this  l)ei)artment  by  the  Sccritaiy  of  the  Treasury. 
1)11  tile  oth  instant,  and  of  its  accompaniments,  statiii;;"  that  no  vessel 
111'  that  name,  m>r  any  otlu'r,  is  tittin;:  out  as  is  alleiicd.  with  hostile 
iiiti'iitions    toward    Spain,    either    at     Jaelcsonxille     or     Fernandina, 

Florida. 
Iiii         *  He  pleased,  sir,  to  accept  on  tliLs  occasion  renewed  assurances 
of  mv  hij;hest  eousitlerati(»n. 

HAMILTON  FISU. 
Sefior  Don  ]M.  Lopez  IIobekts, 

dr.,  itr.,  lit*. 


>/■  the  Treasury. 


Viec-^uhniral  Porter,  for  Secretary  of  the  Xary,  to  the  President. 

Navv  Department, 

WashiiKjton,  April  L'l,  ISfiJ). 

^ru  :  T  have  the  honor  to  submit  hcriwith,  for  your  information,  a 
t'<»l>y  of  a  dispatch,  dated  the  loth  instant,  received  from  IJear- Admiral 


77(1       TRi'.ATv  or  wAsiiiNc;  ION — r.\i'i;i{s  accomi'axying 

H.  K.  llnlV.  <'uiiimiiii(liim  tlio  Nortli  Alhmtir  s(|M;Hli4)n,  n-lativc  ti.  l.iv 
iii(|iiirics  (•(niccniin.u'  reported  expedif  ions  littiiiji  out  at  New  Oileuns  i,, 
liiiitl  ill  Ciihii. 

\'erv  resjx'ctfiillv,  voms,  »S:('., 

DAVID  D.  rORTKl;. 
For  the  Strntnry  of  the  Xani, 
Tlie  IMlHSIDENT. 


It  t! 


H-- 


if! 


w 


1  IllclosiilO  No.  l.] 

Jiair-Adiiiinil  Jloft',  c(>m))i((iiili)iif  Xorth  Atltaific  s(iiinth->n.  t<t  Mr.  /;.,;. 

Snrcturii  of  the  yarj/. 

XoKTH   ATf-ANTK'   Stjl'ADlIoN. 
U^"1TEU   tS'i'ATKS  J'LAi-SlIU'  ("«>M  (  km  ooK. 

J'tHsacola  liatj^  Aprtl  l;5.  ISO!". 

Snj  :  III  eonsequciico  of  tlie   Soiitlnvest    Pass    I'.ar,  at   the  inoinli  n 

tlie  ."Mississi|i|»i  K'iver.  lieiiii;-  ]>aitially  ItlocUed  up  liy  vessels  aiiiouinl.  I 

dill  not  deem  it  priuleiit  to  \H)  up  to  New  Orleans  in   tlii>  \<'>>il: 

[.">7j       tlii-retore  I  dispatched  Fleet  Captain  <le   Ivrall't   to  that   *pl:nf. 

tor  the  purpose  ot'  oblainiiii;  as  niiieh  iiit'orination  as  possililc  ii' 

ie<i;ird  to  Culian  i-xpeditioiis  littiii,:^'  out. 

1  have  the  honor  to  inclose  hei<'\vilh  a  copy  of  his  report.  l»y  wIih-Ii 
the  Dcparliiieiit  will  oltseive  that  there  seems  to  be  no  likelihood  ol  ;i;  \ 
armed  parties  leaving  tliiit  locality  at  jUH'seiit. 
\'er\  respect  lull  V,  \(iurs.  vVc, 

IIKMJY  K.  Horr. 
h'larAditiind.  Comniandlni/  \orth  Atlatitir  Snioiiirnn. 
lion.  A.  1^.  JJ(»RIK. 

tSccretary  of  the  Xtiri/. 


m 


t"3'« 


I  IllcldSllTO  \().  'i.] 

Commoilore  P.de  Kraft  to  Jiatr-Ailmiral  llojf,  commnmliny  Xorth  AtJi'n- 

tic  sauadrojt. 

31ississil'i»l  IJlVKU,  AprH  11.  1>''''. 

Slli :  111  ohedience  to  your  orch'r  of  the  Sth  instant,  directinir  me  M 
"procee<l  to  the  city  (»f  New  Orleans,  to  <'ommunicate  with  the  auiimi;- 
ties,  ci\il  and  ni!litar\,  lor  the  ]>ur]tose  of  olitainin.ii  all  possible  iiii«>iiii.i 
tioii  ill  re;xard  to  th"  sui)i>osed  tittinj;'  out  of  C'lioan  exp«*diiioiis  in  tli:it 
^  icinity."  I  have  the  honor  to  report  thai  I  arrived  in  New  (hleaiisnii 
the  t>th,  and  communicate<l  at  once  with  the  tollowin;;  onicial>:  Mi- 
(iray,  collector  of  he  jiort  of  New  Orleans;  'Sir.  Keith,  survey«»r  ol  ilit 
jioit  ol  New  Orleans;  ,Tudj;»'  Diirrell,  jud;^*'  I'nited  Stalesdi>lii<i 
|.'iSj  court ;  (ieiif.  al  Mower,  military  comiiiaiulant  dei>artmeiit :  *.Siioi 
Charles  JMe,    onsal  «ri<^spa{iue. 

rpon  dili.iieiit  iiKpiiry,  it  appears  that  tlu  four  fust  named  p'litleiiicii 
neither  know  nor  have  they  any  i^roiimls  for  believing  that  such  expc 
<litions  are  projjosed  in  the  vicinity  of  New  Orleans.  Mr.  (Ii:»y,  collcf 
tor.  has  specilic  instructions  from  \Vashin<;ton  on  this  subject,  nixl  h-^ 
recently  exercised  great  vij^ilance  toarrest  aH  infractions  of  the  iieKtiii'- 
itv  hiw.s. 


MI'A\Y!\<; 


COINTKIJ    CASK    MF    THK    rMIKl)  S  TA  1  KS. 


(  i 


•on.  n'liitivc  to  liis 
at  New  Orh-aiis  to 


►.  TOIJTKI;. 


Iron,  fit  Ml.  lUn'u. 


'ADUON. 
«>NI()(»(  (lOJv. 
V,  Ajnil  \:\.  ixi'.i. 

•,  iU  tlii*  iimntli  <i! 
v«ss«'ls  :i<;iiimi(l.  I 
ims  ill  this  v<'ss(l : 
It  to  that  *j»hin'. 
tioii  as  |Mtssi)i|i-  11! 


Scuor  Cliarlcs  IMi'*,  tho  Spanish  roiisul,  has  no  inronnation  of  a  rt'liaUlt! 
cliaiactcr.  l»iil  sfati's  that  sdiiic  \v(m'1<s  siiico  tlicic  were  iim>v<mii('Ii|s  (tn 
foot  ln'Ii»'V('<l  to  have  in  virw  tlic  roniiatioii  ol'  an  cxpctlilion  ainaiiist 
Cuba,  hnt  that  it  laih'd  lor  want  of  iiM'ans;  that  some  ncuotiations  had 
l)i'('ii  coiiiiiu'iKM'd  for  th«' piirrhasc  of  a  steamer,  lint  tliat  they  had  faih-d, 
;is  money  coiihl  not  lie  raised  t<i  eamplete  the  purchase,  and  the  steamer 
li;i(l  Ibniid  otlier  employment.  At  this  time  he  has  no  other  or  more 
(leliiiite  information  tiiaii  liyin^^  rumors,  vhieh  cannot  i)i'  traced  to  any 
iiiiMientic  source. 

i'lom  tlu'  conversation  hel«l  with  these  ^'enthMnen.  for  tiie  purpose  of 

jiiiiiiiii};  inldrmation  on  this  snl>je<'t.  I  am  unable  to  discover  that  tiiere 

is  even  a  proltahility  of  any  such  exix'diiiun   Iteiiii;'  seriously  con- 

[;)!lj      temphiK'd,  although  its    *or;;ani/,alion  lias  doubtless  l)een  (lis- 

(  ussed,  and  perhaps  projjosed. 

J  am,  very  resi>ectfnllv.  vonrs.  »S;c„ 

.I.e.  \\  J)i:  KlIAFFT, 
('(»)ntniii(lrr  J'liitnl  Sfafr.s  X(trif. 
FU(t-('nptitin  yintli  Athditir  Stjuadron. 
Kear- Admiral  IF.  K.  Horr. 

CoiiiiikiikUiih  Xnrtli  Athiiitir  Stjuailnmy 

L'nitcd  Sf((trs  FhajShiji  Contoovoolc. 


is  rej»ort.  by  wliifli 
(>  likelihood  ol  ai!\ 


K.  IKH  r. 

tlantic  SijitiulioH. 


mliny  North  Athi.n- 


)[,•.  Fish,  Sccrctanj  of  State,  to  ^[r.  Jhirhnr,  UnitnJ  States  mar.sh((l,  Xcw 

York. 

[Tfli'jjr.am.] 

Di:i»AiM'MKNT  oi'  State, 

}Va.sltin(it(>ii.  Mail  7,  IStjO. 

rit.vxcis  C.  P.Alir.ow.  I'nifci)  states  Marshal.  Xt/v  York: 

'flic  Spanish  minister  says  he  has  iiiformati:)n  that  the(\|uaker  City  is 
Itciii^'  lltte«l  out  and  armed  to  eriiise  aj^ainst  Spanish  commerce.  Impiire 
iiito  the  matter  with  a  view  to  further  proceeding's. 

HAMILTON   FISH. 


,  April  11.  ISi.'.t. 

t.  dire«-tiiijr  nie  M 
with  the  autlioii- 
1  possible  iiiloriiiM 
.\l»ediiioiis  in  Jli:it 
n  New  Orleans  eii 
in;;  oliiciaN:  Mi- 
I.  surv«'Vor  ol  tilt' 
ited  .States district 
l»artment:  'Sefior 

named  ^reiitlciiicii 

1-  that  such  cxpc 

Mr.  dray,  collcc- 

subject,  an«l  li:!^ 

onsof  the  neutral- 


Mr.  Barlow,  United  States  ntarshai,  to  Mr.  Fish,  Seeretary  of  State. 


[Tflcj;iaiii.] 


lion.  IIAAIILTON  I'isii,  Sirrctari/  of  State 
Telegram  ju.st  received.     1  will  at  once  impiin 


New  York,  Ma;/  7,  IS-JO. 


rilANCIS  C.  r,Ai{L()W. 

United  States  Marshal. 


Mr.  Fish,  Seeretari/  of  State,  to  Mr.  Hoar,  Attorney-General. 

J)epakt:ment  or  State. 

Washintjton,  May  S,  If^m. 

[40]         *Sii{:  Mr.  l{(d)orts.  the  minister  of  Spain,  late  in    the  business 
Lours,  yesterday,  orally  represented  to  this  Department  thatheliad 


■ppp^^pp 


7*^ 


TIMAIV    OF    WA<HI\«;ToN- PAIT.KS    A((  mMPanvi.\«; 


t 
I 


iufoniiafioii  to  tho  rtlrct  that  tlif  .stoaiiuT  <4>iiakiT  Tity  was  Immh;;  ii;t(.l 
init  ami  aiiiud  at  N\'\v  V«uk  for  t!ii'  |un|M»s«'ofrruisiii;;  a;;auist  S|»;iiiisii 
fcMnnuTcr  uutlrr  a  Irttt  r  of  iiiaii|iU'.  1  at  oik-i-  tflr^iraplu'il  to  (miki  i! 
Harlow,  tli»'  inaislial.  to  imniiiv  into  tin*  iiiatt«*r,  with  a  \  jfW  l«»  iniiln  i 
l>roc»HMlin;:s.  It  is,  howfViT,  sii^;;t'st»Ml  tliat  yoii  pve  hiiti  such  turilui 
oJlirial  iiistiiictittiis  as  you  may  jUmmu  atl\  isiible. 
1  have  tlu*  houor  to  lu*,  vours.  ^V«\, 

HAMILTON  II  SI  I. 
K.   'I.    HoAK, 


i? 


.i    ,! 


"  \  ■ 

n  '  : 

1  -  ■ 


El;  S. 

[■'■"■!<* 


:  I  ■; 


i 

ff.i 


m 

hi  • 


[41j      *Mr.  Fiyfi.  Stfivfary  »/  Stntf.  to  Mr.  lUjuttciU^  Stcrttary  of  tin 

Tnaxury. 

DEPAinMtiNT  OF  State, 

Waxliintftoii.  Mnii  S,  ISC'.t. 

Siij:  ^Ir.  If(»lH'its.  tlu'  niiuisirr  of  Spaiu  here,  has  iviufsi'iittil  to  !i  i- 
I>.|»iirtmiiit  that  the  st«am«T  l^uakt-rCity  is  in  pivpanitiou  at  N«\v  Vmik 
tonuisi- against  Spjinish  romnuurt' ur      ;  a  Iftttuot' iiianpu*.    I  willci.ii 
srtpiciitly  thank  you  to  jjivi*  siu-h  insnu»ti«»iis  as  may  pivvcnt  thai  V(> 
M'l  liom  rh'aiinu  iu  viohitiou  of  tlu*  iit-ntraiity  act  of  iSls. 
1  hav«'  thi*  lionoi  to  In*,  ^c, 

IIAMILTUX  Fl.SH. 
Hon.  Gi:uK(;k  S.  Uoi  tukll. 

^ivntanj  nf  thr  Treaxuiy. 


Mr.  litirJoir,  Uuifnl  Staftx  Marxhtil,  to  Mr.  Fl*h.  Secretary  of  S(Hf<: 

[T«-Ie;^ain.] 

New  Yokk.  .1/'?;/  s.  ism. 
Stcretnry  of  State : 

I  havrlMM'ii  aboard  (^JuaknCity.  Alterations  in  luTan-  not  suspicions. 
e\<'t'pt  cU-arin;^'  raliiiis  tioui  mail:  ilerk.  whi«-h  possibly  UH-ans  an  arinii 
miMit,  otiuMwisf  ni>thin^  hostih*  in  Iht  ap|M*anince.  Last  .MoiHla_\. 
Sn«'e<h'n,  buihh-r.  rtMpu'steil  Xov«'!ty  Wiuks  to  make  carria^fs  ioi 
\i-]  ei^iht  heavy  jiuns.  which  he  stateil  were  for  (Quaker  Tjiy.  *N'.iv 
elty  Works  refused,  ami  1  cannot  learn  where  the  <-arri;!.i;c.>  aiv 
bein;;  niatle. 

A«-connts   from  captain  a.s   to  ownership  ami    destination  are  sns 
l»i<-ious. 

They  say  she  is  ^roinjir  to  Itio  in  trade,  but  their  story  does  not  st;iiul 
criticism. 

I  Ix'lieve  that  if  vessel  sails  without  interru[»tJon  it  will  Ite  on  ("iii'Ui 
expedition  or  a««  privat*er. 

Should  we  seize  now  'bey  will  deny  all.  and  I  doubt  if  we  havoenouuli 
pro(tt". 

Letter  by  mail.    Shall  I  comuutni<;ate  and  act  freely  with  the  .Spaiii>li 
consul  i 

.Sundav.     Address  258  Fourth  avenue. 

FKANCIS  IJAIILONV. 

Lnittd  Stiftex  Mari^hol. 


MrANYINtJ 


COrXTr.K    (ASK    OF    THE    IMTKiJ    STATKS. 


779 


HILTON  MSI  I. 


.Jr.  rixh.  Stcrtarif  of  State,  to  Mr.  Bmlinc.  Vnitnl  iSfntcs  marKhril.  Xnr 

York. 

[Tell  <;r;il|l.] 

Jm:i'aijt-v!i:nt  of  Stvtk. 

WitNlilniitoii.  Mdji  s.  isil!*. 
(u'lu'nil  l-'UANilsC.  Uakf.ow,  r,i!tfil  Stads  Marshal,  Xnr  Yi,,-!,- : 

Dispatrli  n't-rivi'd.     SjMnish  miiiistcr  I n  i('(|ii«'st(Ml  to  c'diuiiitmicato 

with  .\ on.     < 'oiitci- witli   liiin  or  Sjiaiiisli  consul.     Wjitt-h  tlic  sliijj,  iiiul 
HMzr  wIkmu'VI'I  sullitii'iit  itioof. 

HAMILTON  FLSll. 


U,  St'crt'tari/  nf  //,<■ 


kllLTUN  I  ISIl. 


cittary  it/ Stuff, 


IK.  .l/'f.V  S.  lSli'.». 


[4.>J    "Mr.  n<(il'iir.  I'nifat  States  marshal.,  to  Mr.  Fish,  Secritari/  of  State. 

I'MTKi)  States  ^Lvusiiaf.'s  Oiitck, 

Xeu-  Yorl,:  Mail  1>.  ISO!). 
SiK:  I  li;Uf  tilt' honor  to  state  that    your  tch-mani  dirrctinu    nic  to 
watch  the  (^>n:ikci-  ("itv  and  >ci/.c  her  when    I   have  sutlicicnt  proof  was 
icccivcii  at  7..".o  p.  ni.  •»!'  >Liy  s,  ami  at  once  acknowU'd^i'cd. 

What  is  <-onsidcrcd  "sntlicicnt  proof."  and  wluthcr  it  is  that  dciircc 
i»f  proi»f  wliich  woidd  authorize  the  condi'innation  of  th»'  v«'ssel,  is  not 
.>>tateil,  I)ut  unh'ss  ntlierwise  (lirecti'd  I  shall  proceed  as  folhnvs: 

Shouhl  the  vessel  atenipt  to  clear  we  will  withhold  a  clearance,  oven 
tlioujih  intthin;;"  additionally  suspicious  is  learned  aliout  her.  until  we 
can  coniniunicat«'  with  Wnshinyton  and  are  anirniatively  salislied  that 
lnT  ohjects  are  lej:al.  I  am  t(thl  that  some  siindl-arms  were  «'arried  on 
Imard  on  Friday.  Slmuld  she  attempt  to  l:i>  to  sea  without  a  clearance, 
(which  is  not  at  all   likely. i  |  shall   sei/.e  at  once.     We  ha\e  tlie  vessel 

watched  and  the  revenuecutter  near  at  h and. 
[44]  Mr.  (irinnell   is  exceediuiily  vigilant  ami  inteiestetL  *and  will 

jiive  the  Spanish  authorities  eveiy  assistance  and  inf<uinati(Ui. 
The  vessel  toilay  l»ears  the  I'.ritish  tla^'.  and   1    umli-rstand  that   she 
was  yesterday  trausferred  to  Ilritish  ownershi[» — probably  to  theca[)taiu 
wliom  I  saw. 

They  tohl  Mr.  (Iriiineir.s  man  that  siie  was  ^oing  to  Saint  Thomas  in- 
stead of  iJio. 

Verv  respectfnllv, 

rKAN(  IS  ('.  r.AHLOW. 

United  States  Marslud. 
Hon.  Hamilton*  Fisir. 

Secntai'i!  of'  State.  \\'ashlii<ittin. 


t   fi 


Mr.  Hoar.,  Attonnif-iieiural,  tt)  Mr.  Barloa\  United  States  marshal. 

Wasiiincton,  Mat!  10,  1861). 

Siii:  Yourli'tterof  tlie  <itli  instant  and  your  letter  of  the  Sth  instant, 
lioth  addressed  to  the  Secretary  of  State,  relatinj;-  to  the  neutrality  laws 
t>f  the  United  States,  and  your  duties  as  marshal  in  relerence  thereto, 
bave  been  seut  to  this  ottice. 

The  tirst  seven  stn-tions  of  cha}).  8S  of  the  acts  of  Couuress  of  1818, 
\3  Slat,  at  Large,  447,)  provide  for  the  punishment  of  persons  and  the 


^WfWi^lWiWffT! 


7S() 


TKM.ATV    <>F    WASIIIM;  TnN I'Ai'F.U'S    A(  »  <  »MI'ANYINt; 


11 

hi 


\  •  ■ 


w 

I  ; 


v.,  J 


'*■« 


loi-fritiin'  ol  piojirrty.  uliicli  an'  of  (•miist'  to  lie  rlVi'ftrtl   1>\  tin-  jml-. 
iiK'iit  of  n  court  in  a  suit  coiiiiiu'iu'ctl  liy  iinlictiiiriit  or  lilirl  of  iiit'orni.i 

tioii. 
[(."»|  Such  suits  w  ill.  in   itro|n'r  casrs.  lie  institiit«-t|    l»\  'tlic  ilistiii  r 

attorney,  ami  >oii.  as  marshal,  will  aricst  the  prrsiMi  or  |iio|m  iiy 
])iirsnai>t  to  thr  wariant  a<lilivssi'i1  to  yon  iVom  the  couit. 

Si'ctii»ns  s  :iii<l  '.»  of  this  ;u-t  iMiipow.T  till'  IMcsith'iil,  or  sm-li  otlifiin  r 
son  as  he  shall  ha\«'  «'tri|io\\iMtMl  lor  thai  |»nr|»osr,  to  employ  tin-  l.iinl  ui 
naval  torets.  or  the  militia,  lor  certain  purposes  named  in  these  seetimis. 
Seefioiis  11  iiti)!  I'J  impose  \u  the  eases  therein  on  ou  neis  or  eonsi^iici'> 
ot  \css<'ls.  certain  tlntii's.  ami  ;^ivean  anliiorit^  to  collectors  of  ciistd'UN 
To  (letaiii  vessels  or  to  take  a  l»oml.  W  hetln-r  sails.  «'itlu'r  eiiiiiin.il  m 
tor  loileitiire.  ar«'  to  i>e  instituted.  niu>t.  so  far  as  the  local  oilicersiuv 
••onct'llied.  be  «letermine«l  l»y  t  he  •li.^t  liet  attorney.  U|ion  such  c\itlclir,' 
as  may  lie  known  to  him  :  an«l  y<»u  ha\e  the  well  known  rinhl  of  ni.n 
shals  to  call  upon  the  y^o.sxc  nunHntHH  to  aid  you.  it"  yon  are  olistnirtcd 
ill  the  service  of  process.  So  far  as  sections  S  ;iiid  '.>  confer  ii  I;iii;(i 
jMiwcr  than  this  upon  the  pers<»n  empowcied  l»y  the  ricsident  piMsii;iii! 
ti)  these  sections,  such  ptMsons  luust  lu-  specially  empowereil  for  that 
]iui]Mise,  and  you  *h«  not  have  this  power  by  virtue  of  your  oilict' as 
marshal. 

It  i>  plain  that  to  efticiently  i>revent  any  violations  «)f  this  act.  or  \n 
surely  punish  them,  if  eommitt«'d.  the  eoidial  and  at'tive  eo-o|)«'iati«iii 

of  the   district  attorney.    mai>hal.  and   collector  of  the  jmrt  i>^ 
[4<»)      're<jui>ite.    Any  information  that  you  may  obtain  in  any  iiiainii  i 

w  liich  you  deem  worthy  of  any  notice,  should  be  imme«liatclv  cum 
muiiicated  Ity  you  to  the  district  attoriicN .  and  also,  if  relating'  lo  a  vcsm-I. 
to  tlie  eolle<'tor  of  the  port.  It  is  not  tleeiiu'd  hot.  at  j)rcseiit.  to  an 
thorl/e  or  reipiire  you  to  employ  detectives  ftu"  the  special  purpose  ut 
di>coverin;;  violations  of  the  provisions  of  this  act.  but  you  and  ymir 
(lepiities  ar«'  expected  to  rec«'ive  all  information  that  may  l»e  otfeicil. 
ami  (o  be  attentive  to  all  matti'is  ot"  suspicion  that  «-oine  w  iiliiii  .vonr 
knowledge,  ami  in  eases  wliere  your  action  is  required,  to  lie  vi^ilaiii, 
]>rom|»t.  aad  «'tHcient.  I  will  thank  you  to  <-(»iiimuiiicate  to  iiic,  fimii 
time  to  time,  any  information  that  you  deem  trustworthy  and  impiii- 
tant.  The  local  ollicers  an*  in  no  event  to  wait  for  instructions  before 
actin^r  in  eases  wln'ie  tlu'y  are  convinced  that  a  violation  i>f  this  act  Ii  i^^ 
been  committed,  and  w  here  <lelay  may  [ueveiit  its  punishment,  but  arc 
to  act  at  (Mice  upon  their  best  judj^ineiit.  and  immediately  to  report  siirli 
action  to  this  oltiee. 

< 'oimnunicaiions  from   you.  unless  <  ,:Iled  for  by  other  d»'|>:H'tiiiciit>. 
or  niiHss  th-  subj(M-t  matter  pertaias  j.  irticiilarly  to  such  di'[»arlmi'iit. 
.should  be  made  to  this  otliee. 
\'crv  respi  ett'nllv, 

K.  IJ.  HOAi;. 

Attitfiuiidcnii-al 

Francis  ('.  15 allow,  Es«i. 


[47]    *M,:  nn„t,rrir,  SK-ntory  of  thf  TrixsHn/.  to  Mi:  Fish.  SecreUmi^J 

titate. 

TKEASt  1:Y  Dl^.l'AKJMKNT, 

^V^^shlH^|ton,  Mtty  10,  l-^ti''- 
Sir:  I  have  tlie  honor  to  acknowiedjir*'  your  letter  of  the  sth  instant. 
respe<;ting  the  steamer  (^laker  City,  and  to  advise  you  that,  pursuant 


COrNTKIt    CASK    nl     Till;    IMTKL*    srATi:>. 


■fc!l 


t.i  voiir  n*<|m*>t.  the  <»»ll('rt»»r  of  riistoins  \v;is  on  tli:it  <l;iy  iiistiucttMl  to 
|(H'V«'iit  tlir  s;iiliiiu  III  tli:if  \«'>>tl  in  \  iitliiiiun  ("I"  f  In- miit  i;ility  net. 
\v\\  ri'.s|n'ttliill\. 

Stf-n  t<(iy  til'  tin-  Ti'msvnj. 
Hon.  IIvMii.ToN  Fish, 

Striiliinj  of  Shit» . 


■^\\ 


Mr.  IIiHir,  Atlnrnti/ficnmil,  tn  Mr.  I'ii  rrcpnuf,  ilislriri  aftnriHii. 

Washinntox,  Maif  11,  l^^Cill. 
Ki>\VAi:ns  Pir.i;i;r.i»«»M'.  Ks«j.,  XrirYml, : 

l.iMik  out  for  tin-  <^)ii;ik«'r  rjty.  and  oii  coiniilMiiit,  with  proof  of  ]iiol>- 
;il)|i'  raiiso.  liiu-1  iintl  «1(  tain  hi-r. 

K.  ]{.  IIOAi;. 

AttmnryGtmraJ. 


Mr.  Jiiirloir,  Unitnl  States  mur.shal.  t  >  Mr.  F'-^h.  Scvretnri/  of  Sfdtc. 

Umtkd  Statks  Makshai.'s  ()i  i  kk. 
[4S]  •Sol  Tiir.KN  Disi  i:iti  oi- Ni;u  V<»km:. 

Xrir    Y„rl:.  M<ni  11.  isC'.l. 

Siii:  M\  iustrni-tious  in  youv  tt'h';:iain  of  May  S  instant,  wen- -to 
watJ'h  the  (JuakiT  City,  ami  seize  her  wheiieNci  I  olifained  snilicient 
prtMit." 

I'nder  these  instrnetions  I  should  ?iot  liave  sri/«  d  her  >Hltjeet  to  dne 
pieeantions  t«»  prevent  her  escape  nntil  I  had  ohiained  >onie  tnrtlur 
tvidenee  of  her  ille;ial  eharaeter. 

Today,  howevt-r.  Mr.  (irinnell.  aetiiii:'  nnih'r  instrnetions  iVcnn  the 
S,-,i»-tary  of  the  Treasury,  put  thi-  rev«*!iue cutter  alon^>ide  of  the 
•  ^Miaker  rity. 

Tliis  will,  of  eour>e.  pri-veiil  thi"  hitter  from  uoin;;'  to  sea  witlntiit  the 
ln-nuission  of  the  eu>ionis  authorities.  l«nt  will  prevent  our  obtaining, 
iir.ther  information.  I  suppose,  by  i»nttinu'  her  (uvners  on  their  jiuan!. 


Very  respt-etfuily, 


Hon.  Hamilton  Fi^fi. 

tSccretttn/  of'  Stnte. 


FlJANClS  r.  r.AKM.OW. 

i'uitcd  Sl((ti.s  M<ir.sJi<il. 


i: 


FLsh,  Secrrf(ir!ii\f' 


Mr.  TioutirtU.  Secrrfitrif  of  the  Trafsiirif.  to  Mr.  F/*7<,  Sicrcf^try  of  Sf'ite. 

TlIEAST'in     1  )Kl'AKTAir.NT. 

Wdsltiniitoii.  Mini  11.  lSlil». 

■^{•]  Sli: :  I  have  the  honor  herewith  to  trans*init  a  eopy  of  a  letter 

reeeivetl  from  the  collector  of  cusloni>  at  New  York,  in  reply  to 


T.^J 


rin:Arv  of  wAsin\(;T(^\ — papkhs  ac(  ompanvincj 


•L 


iiiv  I'oiiiimuiicatioii  of  tlir  Sfli  instant,  inrormiiiji'  liini  o\'  tlic  allciivd  in- 
t«'ii(h'(l   littinjj  out  of  tlio  st>"anu'i'  (^Miakcr  City  at  that  port  to  cniix' 
a;^aiiist   Spanisli  sliii»|)iii<i-  iiiidt'r  a   Icttor  of  nian|iu',  riMmmiiiic.itcd  to 
'lu'  ill  Ndiir  Icttciof  llic  Sill  instant. 
\'eiv  ivsiH'ctl'uilv, 

(".KO.  S.  UOrTWFLL, 

Hull.  1Iamilt<»n  Fish, 

Secret  a  I'll  of  State. 


[  Iiicliisiirt'.] 

Mr.  (iriiineJI,  cofUctor,  to  Mr.  Iloiitirell,  Secrctori/  of  the  Treaxtinj. 

Custom  lIorsK.  Nkw  Vowk. 
i'ollei'ti>r's  0(fir(\  Moi/  UK  ISOi). 

Sir:  hi  ivpiy  to  your  Icltor  of  May  S  instant,  with  ivrrrcncc  to  the 
firtiiiu' (tilt  of  tlic  stfaiiicr  (^>iiak«'r  City  from  this  port  to  cruise  auaiiisi 
.•Spanish  coiniiicrct-  iiiHlcr  a  h'ttcr  of  uiar(pu'.  I  liave  the  hoiioi'  to  s;i\ 
tliat.  pK'vioiis  to  the  receipt  of  this  conininnication,  I  had  heen  advised 
of  the  siispi(i(»us  iiioveiiieiits  in  and  about  tliis  vessid.  and  liad  ordru'd 
the  captain  of  tlie  i'e\ »'nne cutter  McCnUocii  to  hohl  his  vesstd  in  icjdi 
Hess  for  any  enierj^cney  which  nii^lit  arisi-  in  this  connection. 

Sn  1  >sc(  I  lien  tly.t  lie  testimony  a  i:ainst  the  vessid  ,urowin,n' stronger. 

[."iO]      1  orch'i'cil  tiie  cntlei-  into  the  *  Kast  IJiver,  witiiin  si.uht  ot'  tlicsiis 

jiecicd  vcssid.  at  llie  saim-  time   phiciiiu'  her  nndei'  the  espi(iii;i;;v 

of  inteili^«iit    ollieers  on  slioie.  d,etail»Ml   to  watch  and  report   licr  move- 

niciits. 

I  would  further  add  that  I  have  conferr<'d  with  the  Ciiiitd  Stales 
marshal,  (leiieral  1'.  C.  Harlow,  who  is  jnepared  to  act  with  me  sliduld 
any  emeriicncy  aiise  reipiirinu"  his  co-operation. 

l'>e  assured  that    I   shall  continue  to  exercise   the  ntmosi  \  i;4ilaini'  in 
this  and  kindred  cases,  and  prom|»tly  advise  the   Departmeiii  ol'  what 
ever  >tejis  I  may  feid  consti'ained   to  take  to  vindicate  the  present  atti 
Tu«h'  (d'  the  <lo\cinment  under  the  neutrality  ai't  of  April  L'n.  ISls. 
N'erv  rcspectfidlv, 

M.  11.  C.lJlNNi:id.. 

Cdllo't'ii'. 
Hon.  (Ii:().  S.  IJni  t\vi:m., 

Steiitary  of  the  TreilsU)}!. 


Mr.  lioxfinJI,  Secrefdrif  of  the  Trrosiiri/.  to  Mr.  fish.  Srrr(ti(r!i  St'itr. 

'VuK\<\u\  Dr.r.'.i.'TMi-Nr, 

\Voshiii;ltu„,  M'lil  I-.  l'^"-- 
Sjij:   \u  additioii  to  the  informal  ion  which  I   lunl  the  honor  to  siiluiiit 
on  y<'st(  rda>"s  dat(    ndativc  to  the  sti-amer  <^>!iaker  City  at  New  \n\k. 
I  lierewith  in(doM'<opy  of  a  ielter  iVom  the  collectoi' (d   ciistoius  at  that 

port,  dated  the  11th  instant, 
[."ill  *  Veiv  respeclfiilh  , 

c.Ko.  s.  ipji  T\vi:i.i.. 

Serretonj  of  the  Trcaxufil. 
Hon.  Hamiiton  Ftsir. 

Sccretltri/  oj   State. 


►.Ml'ANVlNG 


itf  the  Trcasiini. 


COUNTER  CASE  OF  THE  IWITEl)  S  lATES.         783 

[Iiii'losiirc.] 

Mr.  (h'innell,  coUcctoy,  to  Mr.  lioxlircIJ,  Srcyiiori/  <>J'  the  Trcasur}/. 

CrsTo:M-nousE,  Xem'  Yoiik, 

May  11,  1800. 

Siu :  Since  my  letter  of  ycstcrdiiy  with  refereiiee  to  the  sttMUishiii 
(Junker  City.  I  have  the  iioiior  liirthcr  to  rejtort  that  1  hav«'  hee;*  iii- 
luniied  that  a  cliaiii^c  in  the  ownership  ^vas  made  on  the  '>{]\  day  ui' 
;\l;iy,  last,  lor  the  sum  of  .s1l',">,()(|(>,  and  that  on  ]May  S,  «)ii<-  Mr.  Albon  M. 
.h'ticrson.  claiininm'  to  lie  a  P.ritish  suhjcct,  went  hcfor*'  thr  J'.ritsh  t'oi>- 
siil  and  took  thr  oath  ot  t)\vnerslii[>  ol  the  said  steamer,  nntk-r  the  new 
name  of  Cohnnhia. 

1  would  f.irthcr  a<ld  that  the  vessel  is  closely  watched,  and  that  thei'c 
is  no  ]tossil>ilily  of  her  nialdn^'  any  movement  of  wliicli  1  shall  not  be 
])n)ini)tly  advised. 

The  air  is  thick  with   rumors  of  the  secret  jjreparatioii  of  other  ves- 
sels for  similar  enterprises,  of  which  I  shall  ])i-omptly  inform  you  shoidd 
Uie  circumstances  warrant  an  active  interference. 
Verv  res[H'ctfullv,  «S:c., 

.M.  11.  (;kinni:ll. 

t'dlUcti))'. 
ll(»n.  (J.  S.  lioUTWEEL, 

ISiTrrfari/  of  the  Trefisuri/. 


0' 


I 


V 

'    I- 


I 


t.  SiciutKri/  St:(h:. 


','>-'     *.!/"/•.  r!<rn'i)o)if,  ilistvtct  (itloym  ij.  to  .!/"<•.  ILuo-.  Attnrnci/  (nueynl. 
Oi'iMCE  OF  Tin:  A'j'TOKNi'.v  OF  Tin;  rxrrEi)  States 

F()U    THE   SolTllEKN    DISTRICT   OF    XEV    V(»IJIv, 

41  ('li<niiht)-s  Street.  Mo//  IL*,  ISC'). 

SiK  :  \'our  letter  of  yesterday  and  telejiram  of  today,  relating  to  the 
l^Miiiker  City.  ;ire  received,  I  Innl  already  talceu  means  to  -ct  ev'dence 
iijinn  that  subject.  I  Inwc also  seen  the  collector.  I  believe  the  steamer 
is  intended  for  an  unlawlul  expedition,  but  as  yet  no  one  is  wijlinii- to 
iniilxc  any  alhilavit  sutlicient  to  warrant  me  institntin^i'  Judicial  proc»-ed- 
iiius.  After  full  interview  with  the  collector,  he  has  a;;reeil  to  keep  the 
rnth'i- ill  such  position  tiiat  the  <^>uaker  ("ity  cannot  jiossibly  escape. 
^^'lMlill  a  few  days  1  l>elie\e  that  I  shall  i)e  in  possession  oi' evidence  suf- 
liiient  to  libel  the  steiUMT.  1  tl.ink  I  can  assure  you  that  she  will  i«ot 
<>(•;>[)('  (Ml  an\  unlawful  errand. 
\'ei  V  rcNpectfullv.  vours. 

l-:i)\VAl{I)S  IMKKKKOXT, 

L'nifed  kStdtes  Attornei/. 
Hon.  K.  ]{.  HoAiJ. 

Attorney- (icneral. 


•■     t 


Mr.  Fitth,  iSecretitry  of  Stale^  to  Mr.  Hour^  Atiorney(ienvy(d. 

])efa!m:\ieni'  of  State. 

^\'itsl,^nu|U>n.  May  1.".,  lS«i(). 
•»'5J         Sli{ :  Mr.  Koberts,  the  nuniHter  from  Spain,  has  orally  *and  i 


11- 


iPffMiPPPP" 


\S4 


Tli'KATY    OF    WASHINCTOX I'AI'KK'S    ACC0MI'ANV1\(; 


J  ■ 


I'- 

i 


'.I. 

Pi '  i-  i 


I'''  ! 


:■ 


'  .f 


I'oniu^lly  rcprcsoiitrd  hi  tliis  Di'iciiliiiciit  tliiit  ilic  stcMiiicr  Atl;iii|;i. 
at  Pliilii(h'l|tIiiM,  1ms  hvvu  stihl  to  ('ii');iiis,  and  \\w  stcaiiicrs  Mciiipliis 
ami  Saiitia<i()  <!•■  Ciiha.  at  New  York,  ami  tlu'  slcaiiicr  {''Joiida,  at  ("lus- 
ter, IN'iiii.s.vU  .mia.  air  1kmii,u  littod  out  uiuUt  suspicions  riii'iunstiiucis, 
The  last  lu'.im'd  \csst'l.  as  von  iwv  awaic,  is  tlir  one  icspcctii!--  whicli  ||,,, 
dipIoMiatic  r*'|)H'stMitativ('  ol'  llayti  lias  also  expressed  apjirrliensJDiis. 

The  expediency  of  yonr  instrnctin;;-  tlie  Jndicial  otiicers  in  it<;ai(l  i.i 
tliewi  is  snbnutted  to  \onr  co:iside.ation. 

I  have  the  honor  ti»  be,  sir.  vonr obedient  servant. 

iiAMii;rox  I  isii. 

Jlon.  K.  K.  Ib.AK, 

.iitonuy  (iL'iicml. 


Mr.   Ihd'is,   A,sft}.4aiit  Secn'ttny  of  Sfdfr,   to   Mr.    Jiarloir,  rnifiil  siiit,s 

m(ir.sli(tl. 

DErAHTMHXT   OF   StATK. 

WdNltiinjton,  Mdji  It.  is(;!i. 
SiK  :  Yonr  letter  of  the  Sth   instant,   statin.^"  yonr  proceetlnius  am! 
views  in  re;^ard  to  the  vessel  (^Mudxer  City,  and  t(>  i)ossi!»le  exitediti()ii> 
against  the  island  of  Cuba,  was  re(;eived  on  the  loth  instant. 
1  am,  sir.  vcuir  obedient  servant, 

J.  ('.   l\.   DAYIS. 
Asuistdiit  Sf'crttiini. 

FlIANClS   ('.    UaKI-OW.  Ks(J.. 

L'.  S.  MitrMiKrl  ihr  ti'tr  Soidlunt  J>i.s'rirt  of'  Xiir  York.  X.  Y. 


[.■»4|      *Mr.  Jf'Kir.  Attoni(i/(i(')i>roL  to  Mr.  VUrrvpont,  tlistrU't  att 


nniiil. 


^VAslIl^(;■|(»^■.  Mftii  II.  l"^*!'.'. 
Siij  :   It  has  been  <irall\'  re]»resented  to  tin'    Department  of  State,  li.\ 
the   minister  of  Spain,  that    th"   steamers  Memphis  and   Santiago  ili' 
("nba.  at  New  York  ("it\.  are  bein.u'  <itted  out  niider  suspicions  ciiciini- 
stance's.     In  re.^ard  to  these  steamers  yon  will  obey  the  instruciiniis  ic 
latin^'  to  the  steamer  (,)aaker  City  heretofore  sent  yon  by  this  ollicc. 
\'erv  respect tnllv, 

K.  1{.   IIOAK. 
Attormii-df  iicral. 
KdWAIJDS    riKI?i:FPONT, 

Ciiitnl  Sftitrs  Aftornci/. 

[l)n|>licate  of  the  above  sent  to  Francis  C.  iJarlow,  cs(|..  Cnitcd  Staii'^ 
maishal,  New  V<»rk.i 


-V 


Mr.  Jlontinll,  Svcn  *nnj  of  the  Traisuri/.  to   Mr.    Fish,  Srrrrfiiri/  of  >'"''■ 

TK'F.AsrijY  1>]'.1'Aimmi:nt, 

]V<(shin{iloii.  M<(!i  11,  1  •"'"•'- 
Skj:   I  have  the  honor  t«»  aeknowledjic  t he   receipt    of  your  ictlci  .'I 
tlu'  loth  instant,  inlorndn"  me  that  Mr.  Roberts,  the  nrnistuoi  S,i,)!!i. 


^w 


kirANVl.\(i 

st«>:mi('r    Allaiitn. 
;t»'i»iii('is  Mciiiphis 

[•   i''loi'i(l;i.  ;it  ('lies- 

HIS  civruiiistinH'cs, 
s|M'('tin;'  wliicli  tin- 
I  wrprt'liciisiiiiis. 

Vu'l'is  ill  l(<;;ii(l  U) 
lilt. 

.lll/roX  FISH. 


'loic,  rilitcd  Sl(tt>>t 


coi'.N'i  r.i;  (  Asi:  (m'   thi;  in  rn:!»  staiiis. 


7  So 


had  r(»|)ivsoiitt'(l  to  your  I>e]iintiiKMit  tliat  tlic  stcaincr  Atlniitii,  at  IMiil- 
adt'lpliia,  liad  Ix'oii  sold  to  Ciihaiis,  and  that  the  stoamcis  .Mcmidns  and 
Saiitiafjo  de  Cuba,  at  New  York,  and  tlu'  stoaiiicr  I'Moiida,  at  Chester, 
lVinis,vlvania,  were  lM'iii«i'  litted  out  under  sns|)ici()ns  eirc  lunstances. 
Tfie  sninjiestion  contained  in  your  letter  in  rej^ard  to  the  expedi- 
\oo\  eney  of  this  Department  issuinj^'  instruc*tions  to  collectors  of 
customs  relative  to  tlu^  information  coirununicateU  has  been 
jiroinptly  acted  ui)on,  and  such  instructions  have  been  this  day  issued 
to  the  i'ollectors  of  the  ports  above  nwutioned,  a  copy  of  which  is  here- 
with transmitted. 

I  am,  very  respect  full \, 

Cl'X).  S.  IJOrTWKI.L. 
iScn'itdi}/  of  iitc  Trf)(.st/iy. 
lion.  Hamilton  Fish, 

t^evrrlani  of  Slate. 


or  Statf,. 
)ii,  Moji  11.  is(i(). 
•   proceetlinji's  iiiii! 
)ssil)lc  cxiicditioii^ 

instant. 

11.  DAVIS, 

Nistoiit  St'cirtiirii. 

ir   Yorl:.  .V.   )'. 


(lislricl  (itfiintrji. 

N,  M'lu  1  I.  ISli'A 
ncnt   of  Stiitt",  ti.\ 
;ind   Santia.uo  <li' 

suspicions  circuiii- 
(«  instructions  ic- 
by  this  oilier. 

i:.  iioAK. 

ttoriK  ii<ii  iicrai 


■s(|.,  Fnitcd  Sl;ili'> 


Sicrrtiiri/  of  Stitf>'. 

IVMM'MI^NT. 

n.  Man  1  K  1S<1'.>- 

(,t  yt.iu-  lettcrt't' 
iiiMiist*  r  of  -S,'.)!!!. 


[  linl(isiir<.'.] 

Mr.  lioiilircll,  Srrrchiri/  of  (lir  TtTdsiiri/,  t<>  Mr.  (irinncll.  coUcrtur. 

TuKAsniv  Di:i»AirrMFAT, 

\V((s!tiii(i(ou,  Mai/  If,  ISCU. 
'--ii: :   I  transmit  hmcwith  a   copy  of  a  letter  under  date  of  the   l.'ith 
ant,  from  the  Secretary  of  Slate,  r<Iati\i'  to  representations  made  to 
him  oy  the  Sj)aiiish  niinislcr,  in  rcjiard  to  the  allcu'cd  tittiny  out  of  cer- 
tain steamers  at  yoin-  po'.i    uudci-  suspicious  ciicunistanccs.     You   will 
please  exercise  special   vi.iiilauce  to   prevent   tlu'  snilinu of  any   vessel 
IroMi  v(Uir  poit  in  \iolatioii  of  law.  and   kee])   '1h'   Depaitment  lully  a(F 
vised  respectinji"  the  matter. 
1  am,  veiv  res[)ectfnllv, 

C.KO.  S.  15()rT\V':LT., 
Scfrct<(rii  of  tlir  Trcdsuyi/. 
-M.  ir.  (lllTNNEI.T.,  FS((., 

ColUrfor  of  Cu.stoms. 


[:,lij  ■[  llutnsUK'.  1 

}'t    >><,. 'Hcll,  tSccrt  (orji  of  lite  TruiKKri/,  to  Mr.  Moorcj  i'otia-tor. 

TiM'.AsrRV  Di:i»Ain':\ir.\T, 

Wnshhuiton.,  May  If,  lS(i!». 

Siif :  I  transmit  herewith  a  copy  of  a   letter,  under  date  of  the  itJth 
instant,  from   the   Secretarv  of  State,  relative  to  representations  made 


to  liiin  bv  the  Soauish    minister  in  .reuaro 


to  the  a'lejicd  littin^'  out  of 
iL  the  ports  of  IMiila- 


tt'itain  steal;. ers,  under  suspicion:'  circumstaiu  ;> 
•It'lpliia  an«l  Chester,  in  your  distri<'t.  You  will  please  exercise  si)eeial 
vijiilance  to  i»revent  the  sailing- of  any  vessel  from  your  port  in  violation 
et  ,i,  neutrality  .ict  of  April  HO,  Lsis,  and  keep  the  Department  lully 
:!i;        {  tesi»e( tin^'  the  matter. 


!   .:.(.  very  respecltully 


II.  1).  .MooiJio,  Ks<| 


liKO.  S.  noUTWKLF 


iS(i't(t((ry  of  tlu  Trcoxiiiy. 


I 

I 

I 
f 


i 


50  A 


Collector  of  Cnstoins,  Pliihuhlpltia. 


i 


•I  ■  ■' 


7S(i  TiniAlV    OK    WASHINGTON I'AI'KIJS    A(  ('rXMI'ANYINO 

Mr.  liniiiirt II,  Si'crclttri/  of'  tlir  Trtfisiiri/,   to   Mr.  Fish,  Sifrrtiiri/  of  Stnlc. 

Tin". AST uv  Dkpautmknt, 

Wosliitiijtoii,  jhii/  IS.  l^CO. 
SiiJ;  l*('s|>('ctlnll>  ii'lcniii^i'  t(»  nomv  coMiiiniiiicat ion  of  tlit>  l.'lili  in. 
stjiiit,  iiiid  my  rc])I_v  tlicicto  of  tli<'  1  Itli,  1  liiixc  tlic  honor  to  tiMiismit 
lu'rcwilli  ii  copy  of  ii  IctttT  from  the  collector  of  customs  iil  New  \o\\{, 
dated  tlic  ITuli  instant,  istatin.u'  that  lie  had  refused  a  (Meaiance  to  the 
steamer  Cohunhia,  ((^)nakei- ("it  \ ,)  l>ccause  of  .suspicious  (arcunistaiucs 

connected  witii  her. 
I^Tl  *I  am,  \ery  ivspectnlly. 


lion.  II  \MII,I().N  risii. 

iSirrrtarii  of  St<i/<\ 


(iiio.  s.  r,()rT\vi:M:, 

a^icntury  of  the  Trinsurtj, 


[  inclosmr.  ] 

Mr.  (ir'nimU.  colUrfoi     '■>  Mr.  Jioutircll.  tSrcrrfuri/  of  llic  Tr(''is,:r'! 

CrsroM-Iloisi:,  Nf,\v  Vmnv, 

Collirtor\s  (fjfirc,  Moi/  l.""»,  ISd!). 
SiK  :  I  have  to  ackno\vledj:(^  tlie  receipt  of  _\(nii'  h'tter  of  the  1  llli 
instant,  transmitlin.u'  a  copy  of  one  fi(»m  the  honorahle  Secretarv  ot 
State,  in  re,uard  to  tlu'  alit'ined  littin;;"  out  of  se\eral  steaiiieis  at  tiiis 
port,  and  be;:' leave  to  n-port  that  the  spi'cial  \i;:dance  oftiie  otlifcis  (if 
<-nstoms  in  this  distri<'t  has  already  l>een  directed  to  the  \essels  naiiii'd, 
and  I  have  this  day  I'etnsed  to  ;irant  a  clearance  to  tlu^  -steamer  ('dhiiii 
hia.  {(^)uaker  City,)  the  suspicious  circumstances  <;oniU'<*ted  with  iici 
]ia\in;;  induce<l  nu>  to  adojd  that  couj'se. 

AnticipatiuiLi  \tMir  appro\al  of  my  action  in  the   nndter,  I    aiii.xcry 
res[»e*-lfidiv,  t\;c., 

M.   II.  (HllNNKl.L. 

Colhrho: 

lion.  (iF.ii.  S.  IJofTWELl-. 

Stcrchtrii  of  the  Trcd.sHrii. 


•t": 


[isj     *Mr.  IliKir,  Alforiiiii-d'eiiiral,  lo  Mr.  Fisli,  Sicntiiyi/  of  Sfiii<: 

Attoknev  Gi;nj;i{ai/s  Oifick. 

\Vo.sIiiii<ilo)i,  I).  ('.,  Moil  IS.  IS'iH. 

SiiJ:  I  June  the  Vionor  to  send  inch)sed  herewith  a  copy  of  a  Irild' 
thistla.N  rcceivctl  1)\  ne  fioin  the  IJidted  States  attorne\  tor  the  soiitlieiii 
district  of  Mew  Voi  k,  relaliiiii;- to  the  steamers  Memphis  ami  Saiiti;i;40 
de  Cuba, 

The  si'v«M-al  district  attorneys  are  instructeil  that,  whencNi'V  sullif  tMit 
(vidence  is  made  known  to  tliem  to  estaldish  before  :i  conit  of  j!i>lir(' 
probable  cause  to  believe  that  any  vessel  is  Ibrfeitable  for  a  \  iolatii'iiol 
the  neutrality  laws,  Miey  aro  to  tile  a  libel  and  arr«'st  tiie  vessel. 


roiNTKK'    (ASK    <•!'     I'lli;    IMIKI)    sIATKiS. 


787 


Tilt'  ('Xi>('(li('U('..v  of  your  iiironuinji  lln'  niiiiistiu'  of  Spain  mat  tlie 
riiitctl  States  atlorncys  of  tlic  scNcral  distiicts  will  receive  directly 
from  tin*  Spaiiisli  eonsiils  any  facts  tliey  may  l)c  pleased  toeotiiiiimiiciite 
rcspectinji'  any  violation  of  the  neutrality  laws  of  the  I'liited  States,  is 
sMl)niitted  to  yonr  consideration. 
1  have  tlie  honor  to  Ix'.  iVc. 

i:.  i;.  ii()Ai{, 

J  ttornrji-diinrdl. 
lion.  !lAAm,r<>\  Fisii. 

tStcrdan/  <>/'  Slult . 


i  -n  I 


/■  llif  TraLs.n'r 


Mr.  rinrcpDiit.  ilistrlcl  tiitoiiKji.  /e  Mr.  Hotir.  Athiriicii-iirucniL 


Orriri:  ov  Tin:  ATT()U^'H^   oi'   riii:  rNuKi)  Staiks 

you  THK  Soriiir.uN  District  oi-  Ni;\v  York. 

-Vo,  11  i'liaiiihcr.s  sfrrrf.  Mat/  17,  JSOO. 
Di'.AW  Siif :   Yours  (»f  the   llth  instant,  relating-  to  the  Memphis  and 
Saiiliajio,  <Mine  duly,  and  I'cceixed  prompt   atteniion.     'I'her*'  is  no  evi- 
dence as  \et  (Ml  which  to  detain  them. 

1  would  su;;;:('st  that,  if  the  Spanish  :iiiui>.ter  would  instnn-t  the 
Spanish  ronsui  here  to  take  some  panis  and  collect  some  criflnur  relating.;" 
to  these  matters,  and  hrin;:'  it  to  my  m)tiee.  I  shall  Met  with  the  j^rea test 
pKiiiiptness.  I'p  to  this  dale  I  liaNC  ncNci'  seen  or  heard  from  the 
Spanish  consul. 

Very  respectl'ullv.  vonrs, 

HDWAIJDS  IMl'lJKKroNT. 

I'nitril  Sfiifr.s  Afforney. 
lion.  K.  \l.  ll«»Ai:. 

A/ti)riir:/-(itiHriil, 


natter,  I    am.  xcry 


.1//'.  l-lsli.  Strrrtttr/i  of  tStiifr.  to  Mr.  li'uliiris,  SjKuiish  minister. 

])i:i'aim:\ie.nt  oi-  State, 

U'»^^■A/////^>»,  Mdj/  LM),  IStJO. 

Sii{:  In  a  lettei- to  this  Departnu'Ut  of  the  ISth  instant,  with 
j'iOJ  particular  reteienee  to  the  eases  of  *the  steamers  Memphis  and 
Santia;;()  de  C"id>a,  the  Attorney  (ieneral  recomnnMuls  ;hyt  yon, 
or  any  other  person  in  yimr  behalf,  communicate,  to  the  att(U'ney  of 
the  Iniled  Slates  for  thi'  proper  district,  proof  of  a  violation  of  the 
liiw.  If  siM'h  jM'oof  be  so  furnishe(l,  judicial  procet^din^s  will  at  once  be 
Mt  on  loot  for  the  purpose  of  pre\eiitin,u  or  punishinji'  such  \iolation. 
1  am,  sir,  with,  vS:c., 

HAMILTON    FISII. 
Scfior  Don  M.  LoPK/  I*(ti{K!M"S,  tlv,.  dr. 


Mr,  Fish,  ^ivretart/  (>J\Stnti',  to  Mr.  h'olurtx,  Siimusk  )inni.sfer. 

Depautment  of  State, 

Washimiton,  May  I'l,  l8G9. 

i^ui :  1  have  the  honor  to  inelose  for  your  iidbrnmtioii  a  transcript  of 


f 


WWWwm'^ 


78S 


IL'KATV    or    WASHINGTON PATKHS    A< COMI'AN V1N(; 


a  lottcr  of  tlM'  IStli  i!!.stiint,  ;ul(livsso(l  to  tliin  Dt'partiiK'iit  by  tln' S(*iv 
tap:  ot'tlic  Ticiismv,  tiim.s;iiitt;iif»:  a  copy  of  a  comiimniciitioii  .uldicsscl 
to  Iiiin  l)y  tlu'  collrrtoi' of  customs  nt  New  York  statiiij;' tliiit  a  clciuiiii,! 
had  been  n'fnscd  to  thv»  stcaiDcr  Columbia  |<^)uakcr  ("ityj  '•bccaiis(  ^>* 
suspicions  circumstances  coiincctcU  with  her." 
1  am,  sir,  with,  «S:c., 

IIAMII/rON   1  isil 
Senor  Don  M.  L<iim:z  Uoiskims,  tlv.,  th-. 


[(II I      *  Mr.  Fish,  Sr<-rrfar!/(>/St<(it\  lit  Mr.  Jioiitirfll,  ScvrrUirn of  Trrnsmu. 

1)epa7{t:mknt  of  State, 

}\  ((.sliiiif/tim,  May  21.,  1S(;!I. 
Si  K  :  1  have  the  honor  to  acknowkMlpo  the  receipt  of  your  letter  of  tin 
ISth  instant,  with  its  acconii>animent,  in  relation  to  tln^  refusal  ot  ,•. 
clearance  to  the  steamer  Columbia  |<^)naker  City,]  and  to  inform  voi! 
that  I  lun'c  transmitted  a  copy  of  the  same  to  ^li'.  lv(d»erts,  the  .Spalli^l! 
niinistc!-,  for  his  inf(»iiuation. 

I  have  the  honor  to  be,  «S;c., 

HAMILTON   riSII 
IFon.  C.i'.oijcK  S.  UorTWKi.i,, 

>S(rn  tdrji  itj'  the   Tr((isiiri/. 


Mr.  lUmtirdl.  Scrrtfari/  of  tlir  TrcHstirif,  to  Mr.  (iriitncll.  cnllicfoi. 

IVrUar.nu.] 

Washington,  .l/(f^LM,  isdit. 
?JosT,s  II.  CiKlNNKi.L,   < 'olltclor  »>/  Cnstout.s^  Ncic  York : 

W  the  Columbia  has  not  ch'an'd,  withhold  papers  till  further  unUr 

(iKOKC.I-:  S.  lUH  TWHbb. 

Sccrttnniol'thc  Traisurii. 


,!i 


1 


i 


\iVl\      *Mr.    Fish,   Strreldry  of  State,  to  Mr.    lioutirdl,  Scrrvlarii  of  tm 

Trcosurii. 

Depaktmknt  of  Statf. 

Washington,  .l/<f// -.">,  l-'^*'!*- 
SiK":  Mr.  Thornton,  the  IJritish  minister  accredited  to  this  Govoin 
nient,  haviiiji'  n  i»resented  to  mo  that  the  steamer  Quaker  City  is  Iii<U'ii 
with   Hour,  that   she   has  been  transferred  to  a  British  subject  and  is 
bound  lor  .lam;  ica,   I   submit  to  you  the  proi)riety  of  instnu'tin^  tin 
collector  of  cnsto'us  at  New  York  to  interpose  no  obstacles  so  her  dc|»iirt 
nre,  npcui   bondh  hein^-  jiiven  that  she  will  not  enjjafie  in  any  proceed 
in^^s  which  will  ;iive  ai«l  m  support  to  any  i-arties  ]uose<'utinfi-  liesiilc 
movements  against  any  jiovernment  witii  which  that  <»f  the  United  States 
is  at  i)eace. 

1  have  the  honor  to  be.  sir,  vours,  &c.^ 

lIA.MlI/rON  I'lsn. 

lion.  CiEolMiE   8.    BOITWEI.I,, 

Sfcrrtari/  of  thr  Trrasnri/. 


MI'.\NVIN(; 


ail/rON    I'ISII. 


■rrtayi/o/TnasKn 


illLTON   FISH. 


illirll,    collrctor. 


(■orNTi'.i;  (ASK  (»F   riiK   i  xiikd  stati:s.  780 

Mr.  Jf(Kir,  Aiiornvji  General,  to  Mr.  rhrrrponi,  (list rid  attonteif. 

Sii;:  Tlic  Spiinish  niinisK'i- writes  to  the  State  nepaitmciit  that  an 
.irincd  cxiuMlition  lor  Ciiha  is  lift  iii,<:' our  in  New  York,  to  sail  in  a  day 
iM'  two.  \o\\  will  ]»l('ast'  to  use  all  ftl'orls  to  prt-vtiit  it.  and  instruct  the 
marshal  to  do  the  same. 

i;i'S|U'('tfulIv,  vours,  vVc, 

K.  11.  noAiJ. 

Aitmneii  (iiiicrdJ. 
Hon.  K.  1Mhkim;i'oxt, 

(nitrd  tSfiites  Afforjiet/,  Xcir  Yorh. 


[(>.>i  *.l/r.  riirniKnif.  tli.strirf  atloniti/,  to  Mr.  Hour.  Aft<>,ii>  i/  (Jeneral. 

[Tclfiiiaiti.] 

Xkw  Youk.  Jime  is.  istit). 
Siu  :   Yours  of  tin' scvcntconth   in   relation  to  the  ("ul»an  exiM'dition 
is  received.     Action  had  alreadv  iteen  taken  h\  nii'. 

i:i)\VAlM)S  ViKlJRIM'ONT. 

{'llifrii  Sttttrs-  Aftoriirif. 

Hon.  K.  II.  ll(»Ai;. 

Attorncydeinriil,   Wnslihoitoii. 


N,   May  lM,  ISil!). 


,  tSecretdri/  of  ttn 


Mr.  Fisli.  Srcrrtori/  ot'  Stotr.  to  Mr.  ]\"l>(:rts.  Spnnish  niliiistrr. 

DEPAiaMi-^NT  or  State, 

W(tslii)ifitoH,  .Junt'  IS,  1S'»!). 

Sii{ :  I  iia\t'  the  honor  to  aeknowledire  the  receipt  of  your  note  of  yes 
■fenlay,  relative  to  the'alU\u(Ml  tittin;;  out.  in  the  city  of  New  York,  of  a 
military  expedition  for  the  purpose  of  Joiuinu'  the  insur;^ents  in  Cuba, 
anil  to  infiuin  you.  in  reply,  that  iminediately  up<ui  its  receipt  a  copy 
thereof  was  broujiht  to  the  attenti(»n  ot  the  Attorney  (leneral,  who.  it  is 
not  (U)uhted,  has  taken  the  necessary  precautions  to  prevent  the  de- 
jiiirture  of  the  e.\i)edition  referred  to.  should  the  statements  contained 
ni  your  note  be  found  to  be  coriect. 

I  am.  sir,  with  the  hij^hest  consithMation.  vour  obedient  servant, 

HAMILTON   FISH. 

Sefuu'  Don  M.  liOl'HZ  IfoMKlJJS.  dr..  ttV. 


IlLTON  FISH. 


!'>M    *  Mr.  Fish.  Seeretarfi  of  Sfofr.  fo  Mr.  Hour.  AtforncyGeneni!. 

Di;fAKTAiK>T  OF  State, 

Wd.sliinfftoii,  June  10,  lSl>i>. 

SiK:  I  lose  no  time  in  laying  lu'Aue  you  the  orijjinal  of  a  note  of  yes- 
ti'nhiy.  address<'d  to  this  Departnu'ut  by  Mr.  Hoberls,  the  minister  Irom 


71)0 


riMlAIV    «'K    W  ASHIMi  TON I'AI'Kl.'S    A(  '.  ( >.Ml'ANYI\(; 


Spain,  i(  l:itiv«'  to  alU'.m'(l  ill(';4al  itr()c»'«'«Iiii;ns  iit  New  York  \\'\{\\  H'IV-kikc 
to  Ciilia.     Voiir  jinuniit  attciifion  to  tin*  inattcr  is  caiiM'sfly  ir«|iu'st(il. 

I  lia\«*  uii»l«'i>too«l  in»iii  Mr.  IN)Iu'its  tliat   lu-  can  tiiriii>li  winicsscs  oi 
tbe  acts  wliidi  he  (-(iinplaiiis.     I  will  titaiik  \nii  to  rrtiint  his  nntr. 
I  l»av«'  tin'  lidiiur  t«>  1»«'.  sir.  xoins.  \c.. 

IIA.MII/ruN   !  ISII 
IIoii.  !•:.  1.*.  IIcAi;, 

Atturu*  tidi  lit  ml. 


Mr.  Fish,  S<vicl((ii/  III    ,sliili\  to  Ml .  h'uhirfs,  Spnui.'^li   minUUi. 

Di'.i'Ai;  r:\ii  NT  «.r  Stati:. 

]Vii.shinfit()ii,  -lunr  WK  \>{\'.\. 

iSlh' :   1  lia\ »'  the  iioiior  t(»  acUiioxN  UmI^c  tin*  ircript  of  ymir  not«*  of  \rs 
ti'nlav's  (lat»'.  rt'lativc  to  allr^cd  illejial  procccdinj^s  at   Ni-w  Voik  witii 
refertMicr  to  riil>a.     It  wasat  oiico  siiluiiittcd  lor  ptMiisal  to  tin- Attitim  y 
(UMM'ral  ot' tilt'   I'liitrd  States,  wlio.  in  a  coiaiiimiicatioii  wiiirh   I  iuivi- 
list  rt'cciviMl   iVoni   liiin.  states  that  yoii  slionid  cause  to  !»»•  prepaieil  ;tii 
aHidavi!  of  tiie  jterson  or  peisons  wlio  kn«»\v   the  facts  slated  in 
[()."))       your  paper.  *tn  he  laid   hefore   the  district  attoiiiey  at  New   ^ Ork 
lorliiw  ith. 
Without  >ucii  ail  aHidaN  it.  tliat   ollieer  \M»uhl    not    li,i\e  the  !ueaii>  ui 
procnrin,:^  the  iiidnlnient  and  arrest  ol'  tlie  persons  implicated. 

The   ^VttnrneyCienerai    turther  >tat«'s   that    he  will    teh-^^aph   t*i  llu 
marshal  at  New  \  ork  to  keep  a  watch  upon  the  phu-e  referred  ti-. 
I  am.  ^ir,  with  tin'  hiuhe.st  consideration,  \oius,  «vi:f.. 

IIAMIl.TnX   riSll. 

SScnor  1  Km  M.  I-<M'i;/.  K'ui'.i.iMs.  ilc,  «(-...  dr. 


III . 

11: 


m 


Mr.  llo.ir.  Atinniri/  (Iritt  iiii,  to  Mr.  Htdluir.  I'liitnl  Stutrx  murshiiL 

[Tclfgniiii.  I 

Wasiiincion,  ./»>*/   !'.».  Isti". 
FRAM'IS  <".  I!AI;I.(iV,.   Cuilrd  StKtr.s  MiUsliitl,  Xcir  York  City : 

Military  expeilition.  to  sail  witinu  two  days,  reported  as  orjraiiizin;: at 
71  Hi oad way,  room  .!«»  at  (I'KJ  Urctailway,  at  lli  lOast,  Houston  street. and 
in  New  Voik  ("aMuo.  sam<' streer.     Look  out  for  them. 

!•:.  If.  noAi;. 

,1  Itnninrdi  ii>  •  «(■ 


¥Ki 


Mr.  lU  utinll,  Secrttarij  <>/  llif  Tniisiiri/,  to  Mr.  fisli.  Scvrvtttnj  oi  stiit>. 

Tltr.ASlKV   Dl'-PAHTAIKNT,  -hinr  1\.  l^*'*'- 

[  *;)  I)i:ai;  Sue:  Our  tlet<'ctives  inform  us  that  si  vessel  'is  fittiiiji 

out  in  J'ldladelphia  with  munitions  of  war,  and  taking  on  Imanl 

a  considerable  iiuimIht  of  men  destim'<l  to  aid  the  lexolutioiiisis  in  Cuba. 


Ml'AWINt; 


I'Ol'NTKK    CASK    .IF     JUK    IMiKj)    s  i  ATKS. 


7:11 


Mii/mx  I  isii 


iiish   ittiuifftn: 


\\\'  li;i\  ('  not  IxTii  iihlc  to  It-ai  11  the  luimc  of  the  vossel,  but  two  [iicii  who 
iv|nt's('iit  tlicmsclvrs  ;is  nilistcd  tor  t lie  service  propose  lnr.ii-.liiii.u  in- 
loniiiilioii  if  tlicy  run  1»«'  <oiiipt'iiSiite«|  lor  it. 

l'|M»ii  tluMMloniiMtioii  I   havi- ifc.'ivetl.  I   have  (lircctcd   tin- collcciur 
of  ciistoiiis  at  IMiila.Iclpiii  1,  I'cmisvlvaiiia,  to  iiuiUe  siirh  scaivli  as  is  ia 
his  power  tor  tlie  purpose  ot  aseei  taiiiiiij;-  tiie  laets. 
I  aai.  Very  Inily.  y(»Mr«:.  kS.c.  tS.  •.. 

i.VA).  S.   IJOI  TWKjJ,, 

kSrcrcftlilJ  0/  tlir  Tirana lij. 

Ih»ll.   IlAMIF/roN    I''|SI[. 

Srirctdfii  ill'  Staff. 


Mr.  Fish,  Srrrrlaru  0/  State,  l,  M,-.  liniitircU,  Sr(:r(:t<'tii  .;/   tlu    Tf-asiiif. 

DEl'.UnMF.NT   OF    SlATJ;. 

Sll^:   1  have  received  yi)!ir  letr-"r  ot  to  (hiy,  re|)reseMtiiiu-  that  a  ves^ei 
is  (ittiiii;-  out   in   IMiilad'iphia  for  the  revolutionists  in  Cuha.  and   that 
two  men,  ehiiinuiu' to  h  ive  b.-en  e:ilist^-d  tor  I'aat  si-rviee,  oiV.-r  inronu:!- 
tion  if  paid  tlieret'oi'. 
in   reply,  I   have  to  state  that   this    Departim-nt  will  cause  a  rrason 
able  sum  to  be  paid  for  the  inforaiation  reli-ired  10. 
[til I  *A  (•o|)y  of  your  letter  has  been  sent  to  the  Atiorney-Cloneral. 

1  am,  dear  sir.  vonis.  i^Vc;-..  cS:i*., 

HAMILTON   FISH. 
lion.  (iFouciF  S.  IJur  iwiiFf,, 

Stctctarij  0/  the  Trtaainii. 


Stat'x  iiiarxhiiL 


Mr.  Iloiifinll.  Siir-:'f ((>'(/  of  the  Treasurt/,  to  Mr.  Mnof .  ciillrctor. 

rTj'li'grarii.] 

V,'ASl[FN(iTON,  -hdU   L'J.  1S()1>. 

IlivNRV  D.  Mooin:,  Es(|.. 

Callcctor  0/  Ci(.stntii,s,  PhUiuhliihla.,  Pcnnsi/lranUi  : 
I  ha\e  reason  to  btlieve  that  a  vessel  with  armament  and  an  unusually 
lar-ic  lunnber  of  nieii  is  in  .\our  port,  with  the  design  to  leave  to-day  oi- 
tomorrow  in  ai<l  of  the  insur.uentsof  ("aba.     Xanie  of  vessid  not  known, 
nor  other  partiridars.     Ilaveseaivh  made,  and  report. 

CIX).  S.   r.OlTWF.LL. 


I- 


ft 

I 


; 


Stiiittiiy  01   .stuff . 


Mr.  Hnckrh  (U-tnlsj  eoUvctor,  to  Mr.  BunticrlL  St'crefur/i  of  thr    Ticnsuri/. 

Cr.STOM  HOUSI:.  rillFADELIMIFV, 

Col!rctor\s  0[}i(r,  J  una  L'l.  J8GJ>. 

^lli:  I  liuve  the  honor  to  aeknowledt^e  tluMcceipt  of  your  tolo;nrani 
of  this  date  relatiM'  t(»  suspicious  vessels  fittiu.u;  out  at  this  port  in  aid 
of  tlu;  insurjivnts  of  Cuba,  and   resiicetfully  beji'  leave  to  say  that  the 


i 


7;'J  IK'KMY    <»r    \V\>MIXi;T«»N l'\l'KI.'>     U  fO.MPAV  VlNc; 


[t 


m 


t  ( 


Ln  > 


i^ 


iweuue  stfjunrr   Srwanl    wjis  ilii«itr«l   xHiw  t<ii  «l:ivs  siiuc  l.tlvtrpii 
«lili;;t'iit  \v;«trli  on  two  r<Tt:iiii  vi-j^-m'Is  that  Iia«I  attractiMi  tin-  mis 
H»8]      iiifii'.iis  of  soiiM-  ot"  tin-  orticrrs  of  tin*  •  iwiiiur. 

I  liavc  tlilcctril  tin-  siuvr.vor  to  ilistnirt  tin*  ottirt'is  uiltlcl  Ills 
cliai;,'!'  to  ns«»  ilnr  ililijr«MMO.  aii«l  no  ctloits  will  Iw  sitand  to  imv*  lit  a 
violatiith  ...°  lilt'  ni>iiti.ilit\  laws. 

I  am.  \fi\   icspiMtf'iilU .  \onr<.  iV;r.. 

r..  iircKi:!.. 

Jhff.rfft  C"l'n'f"l'   «»'     Cl'sfdjlls. 

Hon.  (ir.oKiii:  s.  r>ni  twki.i.. 

^tncturii  iff   ;ln  Tiettsiii i/. 


HJui 


1, 


Mr.   n>li.  St  I  It  tut  If  ft'  S*'ifr,  tit  Mr.   I'ivtf'ttftnf^  illfhirt  uttmnnj. 

iM'r.VinAIKNT  OF  Statk. 

Woxhintitiin.  .him  i!!!,  lsi;;i. 

Sii::   1  Iiav«'  lai«l  lutou-  tin-  I*n>i»]«-nt  vour  K-ti«r  of  v«'st«-r«l.iy.  n-u-v 
liiiLT  to  tlu"  \  iolfin-f  |i<-i°|>i'trati-«l  on  tin-  «l**|»nty   niarslial    wlio  liad  tlic 
rnstody  of  Colonel  IJyan.  anil  als<»  on  tin*  niai>liars  otlit-iT  in  «'liai;;i'  of 
till' ti'naUiT  City,      llr  tiin-fts  na*  to  say   that,  unilfr  ail  circniii.Nt.iiirrs. 
tlu"  ollii-«Ts  ot'  tin   law  an*  o\|N'ft«'«l  to  <lis<-liar;:f  tlu-ir  iltn>  laitliliilly. 
vi;iui(insl\.  and  legally,  and  tli.it  thfV  will  Im*  sii<t:iin*-(l  l»y  the  (nixcni 
nient  whijr  so  doin.i,':  and  that  tin*  jHiWi-rof  tlie  (rovcrnnn-i't  will  lici-N 
I'liistd  to  tin'  ixtcnt  lu-rdi'd  tor  th«ii-  prott-ition   in   sinh   liixliin ::<•  <>) 
•Inly,  or  in  vindication  oi  tlo-  niaji'sty  «»f  tli«*  law. 
Ill' di'siri's  snrh  tnitlii;- ami   nior«*  ilctailfd  *inf(nnnition  ;i<  \nii 
may  !>''  aide  to  fiunish  with  ns|K-rt  — 
To  till'  \  iolfiiit'  iMi  tin-  tdli»«-r  in  rhar;r«'  of  llyaii : 

■J.  To  till'  vioU'iic*'  on  tin*  othci-r  in  «-har;r»'  oi  tht'<^iiaki'i  i'\i\  : 

'.'t.  Till'  attiMiipts  to  intiaiidaf*'  or  intlin-ni-f  tin*  ..irand  .jiii\  : 

4.  Tlio  s  iidinLi  of  an\  thrtMtt-nin;;  h-ltfK : 
to  I'lialtlc  liiiii  to  adopt  sncii  nii-a^nn-s  as  may  Ik*  juoiM-r: 

He  reqin'sts  that  >oii  will  sii;r^e>t  tin*  conrx*  t*(  :u-tion  tiiat  ocriiis  in 
yon.  \\itii  \onr  mon-  iiitiai.it)-  kino\  h-d;:*- of  tin*  larts  aiul  a«-i|U;iiiii;iiM'c 
with  tlo'  attrndant  (-iinnnstanrrs,  as  the  most  fXiM-dit-nt  to  \iiidii-;iU' 
the  past  (Mitrairi's,  and  to  prevent  the  reeurn-me  of  similar  viol.uiDiis 
«»f  the  laws.  Von  will  !»«•  pl»-as4*d.  in  this  eonn«-i-tion.  ttieoiisidcr  tin* 
propriety  or  expedii-ncy  of  the  otf«*r  of  a  n-ward  lor  th«-  arrest  «ir  llit' 
j»arlies  .uiultN  of  the  oiitra.ti«s  npon  tin-  inarsharsoili»-«'r.  or  for  rvidciicc 
that  may  lead  to  tin*  arrest  ami  convirtioti  «»f  siu-h  ;:nilty  j>arties. 
^'<'rv  n-spei-tfiillv.  vonr>.. 

HAMn;n>N  nsii. 

Hon.  l'.i)\vMri»s  !*ii:iM;r.i'o\T. 

f'ltiti'l   stuffs  Atfnnnif  \tir   Yrkn. 


t 

Mr.  Fish.  Strrtiaiff  •>/  Sf/ift-.  tit  Mr.  I'h rrtj/mtt.  tli*trirl  ttttonitii. 

rTt.l«-;jr3iii.l 

i»KI*A!:TMKM   «»I     STATE. 

lion,  Edwards;  l'ir,in:Ki't»XT-  D'tAtrirt  AWtmt^.  .V<^r  Yi.r\- : 
fiOj         The  marshal  and  hi- otH<i-rs  will  Ih*  snstaiii«-ii  *in  their  diitits  ill 
all  iia/ards.      histru<tions  l»v  mail  this  art«-rn«»«»n.     (Jt-t  the  letter. 

HAMH/roN   ITSM. 


^irA.wiM; 


xtrirt  atfin  III  If. 


(•«uvii;i:  (  A^i;  <ir   iiii:   ;Mri:!>  -iaii;>.  7!'.'» 

Mr.  Hiirhnr,  i'tiitrfl  Stafix  iihifslnl.  tn  Mr.  li<»iir,  .\tf>,nr)i  ftriurnl. 

I   I'.  l<';ilMlll.l 

Ni;w  Y<»i;iv,  .//(//f  _'s,  is«i;». 
ArT<»i:XK\  (Ir.NKKAI..  Wttshiiif/tini  : 

Oil  SiitMuljiv  iii;:lit  :iii  <'.\|M'<]iliuii  iii«Ml  to  ;;<t  otV.  Tlu'  int'ii  went 
.llu.anl  s«'V«'r;il  \i\'^^  to  1m'  tr.llisrcncd  no  doulit  to  ;i  |;U';;('  vessel.  Wo 
(•(Hiltl  not  ti.i«k  tlu*  tii;;s  in  tlir  t't>y.  iliuii;;li  w »'  wtif  cari'liilly  Wiitcliiiij;" 
tlif  liinl»in-.  Iliaxi'iio  i(l«'ii  an.vtliiii;^  ;;ot  to  sea.  1  . seized  tin*  r'atiia- 
liiif  NN'liitinu.  l>tcan>c  I  tliink  it  |tiolial»l«'  that  slic  was  to  take  otl"  these 
men.  I  do  not  think  1  liave  ;:ot  enough  in'oof  tor  the  courts  to  hold 
hei'.  lint  I  think  that  to  let  her  •jo  nntil  I  am  satisiied  that  she  is  not 
;:iiiii;:  to  take  otf  these  men.  will  l»e  delilieiately  to  let  an  expeditjon 
slip.  I  nia\  jiet  nntie  ]iarti<-nlajs  this  niornin.u'  \vhieh  will  satisfy  ine 
that  i  ;iin  \\ion;r.  Oiheiwise  I  shall  detain  Iiei  wit hont  process  until 
iiistriieti-d  l»y  you  to  let  In-r  m».  I  a,uain  eaiin'stly  .isk  the  nsi-  ot"  some 
of  the  nav\  \ard  tni;s. 

rU'ANris  C.   r.AK'LOW. 

I'llifnl  Sliltix    Miir'<li"l.         * 


K 
( 

{ 


71]    *Mr.  liiuhitr,  V  niU-i\  Sliitis  Hill  rajiiil.  til  M  r.  llnnr.  Aif^>riii  t/fi'  in  nil . 

[Ti-lo'iram.] 

Ni:\\     \  nlih,  Jiliir  'JS^    1  sti!>, 

A  rTOi:Ni:v-t;i:.\Ki;.\l..   W'ishinrjfint : 

I  have  arrested  (ieneial  (loieiiiia.  said   to  lie  the  lea(l«T  of  the  e\p»' 
•lition  on  hoaul  the  \\  liitin;r.  nmler  an  assumed  nanu-.    and  the   \  essel 
lias  heen  lilH-led. 

IKWNCIS  C  15AKLOW. 

I'liitril  Sintis  Miii.sliiil. 


M 


t 


II.TON   FISH. 


Mr.  H'lrliHi-,  f'liifril  .Stiitis  iiinrshnl.  In   Mr.  Hour.    Attmin  ii-<j(  in  mK 


['IVli'ur.iiii.] 


Ni:\v  YdKix.  June  l'S.  18(»0. 


The  tujrs  are  at  (lardner's  Point,  on  T.oitii  tshind.  opposite  New  Lon- 
<lith,  waiting' for  llie  Catharine  W  hit-inu.  V»  ill  yon  t»  h -^raph  at  oiwe  to 
the  (nited  States  reveiine-eutter  ;it  New  London  to  obey  niv  orih-rs.'  I 
want  to  siMid  her  over  to  detain  the  tn<:s.     Please  answe: 


FI:AN("1S  (" 


:li)\v 


ti  >,t  tiH-iiin  I/. 


Mr.  I'irn-cptni*.  'Ihtri'-t  affurin  ii. 


t:i  Mr.  F<sh.  S  rr-tanf  of  S 


l;« 


i!r 


[  r«-li-L:r.nii.] 


Nkw   \i>\ih.  'hiiie  '2[),  ISIJU. 


Hon.  II.VMII.TON  KiSll.  .VoW/MV  o/'  Stuff 


ill 

I  hv   the  reventie  *euttei-^.  which  we  have  dispatched. 


Colonel  nyan.witli  his  expedition  of  suine  ferrlimidiTd  nuii.w 
1m' capture 


■JI4 


IhlVI^     <»r     WVMIIM.IoN I'AIT.h's    AC  «  « »MI'A\  V  IM; 


t-: 


Ur 


i' 


!  'i'li 


Tlu'>    will  r«-;i«'li  line  this  ni^Iit.     \\|i;it   sliall    \v«*  do   with  all  tiMM 

IIU'll  f 

rhsisc  itail  rill' ciuiitii  srrtioii  (ir  the  iu'Utr:ilit\  jn't.  ."xl  StatutcM.  |i:i-, 
U!».  \>m  will  SIM'  that  tin*  l'i«'>i(h'iit  lias  tiill  |to\\«i-,  ami  so  liaNrsiirJi 
other  persons  as  Ii«>  s|i;i||  have  i'iii|Mtwcirtl  tor  that  ixii'itosc,  to  ciiiitlnv 
siH'Ii  part  of  the  land  or  naval  lours  of  the  I'nited  States,  oi  (»|  ili,- 
militia  thereof,  for  the  pnipose  of  takin;;  possession  of  any  sneli  ^Iii|i, 
or  vessel.  iVe.  IMease  eoinmilliieate  t his  forlhwilii  to  the  I'lesidi-iit.  .ii-ii 
sav  that  the  loret-s  ar«' so  laip*  that  unless  the  I'lesidt-nt  u  ill  iis.' lij» 
powers.  t)r  tieleixale  the  same  as  provided  in  this  a<t,  wc  must  uiMiii. 
anv  further  attempts  to  ^top  expeditions  at  laiue. 

i:i).  imi:i;i{i:p(>nt. 

I'uiliil  Sttitis  Attoiin  II. 


1-1 -i  -' 
1  . 


M 


Mr.  I'tsh.  Sun  fiiri/  ot'  Sttitr,  to  tin    Prrslihnf. 

I  U:i' AUTMKNT   (*V    STATK. 

Wiisliii'fftoti.  J  line  L'H,  Isti'.i. 

The  Secretary  of  State  has  th«'  honor  to  h»y  hefore  the  Tresiileiit  tin 
inclosed  tehi;rani  of  this  date,   jiist   received  from  IMr.  Pit  irepunt.  :i>k 
inj;'  iiistinetions  as  to  steps  to  he  taken   in   re,;:ard  t»»  Colonel  K'vaii  ainl 
his  cx{u'ditionaiy  party  «»f  four  hundr«d  me:i  at  New  York.' 


j73i  •.!//■.  Fiyh.  ilccntai'if  <>/  Stuff,  tn  Mr.  I'in'njunit.  il'istr'nt  a'tunrnj. 

(T.l.yrain.] 

Dr.l'AlJTMKM    <>1-    SlAli:. 

W'asUinijtnn,  Jniu'  !".»,  1>^<".'.». 


l»o> 

l»V  law. 

By  order  of  tl  e  President 


HAMILTON  FISH. 

Strntary  <>/  Stad: 


'4 


For  iufliwnrfjwf  prectrtiiiK  leltt-r. 


VIIVNN  IN(; 

•lo  with  ill!  flu-si- 

,  .mI  Stiltlltrs,    |i;|u,, 

,  i\iu\  so  have  siii'li 
tMi|nts(»,  t(»  cmitltiv 
I  States,  (ti'  III  tlif 
of  any  siuh  ^h\\<. 
Ill*'  iMfslilfilt.  aiirl 
•sidriit  will  iiv  hi* 
,  \\c  imisl  i;i\i'  ii|t 

M'.roNT. 

tStiitis  .  \Uoiin  u. 


ruiMi:i{  (ASK  OF  Tui:   I  \m:i»  maiks.  TK'; 

Mi:  I'iinrfunit,  fltMfiirt  (tttoitiry^  tit  Mr.  Fix/i.  Srrntarif  o/  Sfnft. 

(ivi«'aiiiiii.i 

11(111.  llAMILloN    I-ISJI,  ^<(•#<^»;•.7  <;/■  Shih  : 

V<»nr  onU-r  lias  Ik-i'II  itM-civrtl.     Tlw  lucii  aic  now  at  tin- navy  \aiil 
inuh'i*  anvst. 
|7I|  Yonr  onliT  ram*'  in  ;r<»o<I  tiinc.  an«1  was  -n-atly  •ikmmIimI  in  tlic 

ahsjMuv  ol  ihf  SiTirtaiy.     I.rt  tliis  loitliwitli  In*  dt'livfUMl  to  tin- 

Ki)\\'.\i;i>s  iMi:iM:r.iM).\T. 

(  nitiil  StiiUs  Aftnnii  II. 


tli  nf. 

St  A  in. 

)K  'hnic  :.".•,  iMili. 

'  tin'  I'rrsiilt'iit  till- 
r.  rieri«'|iont.  ask- 
CoIotM'l  \l\:\\\  aiiil 
,-  Voik. 


if,  ilistriit  iittiiimy. 


Mr.  I'it  rrrfKnit,  ili-trirt  ultormy,  to  Mr.  Fi-sli.  >Vrrf /ti /•///»/' .S7f/'». 

Ni.w   V'>UK.  ■fino  .".i».  ixi'.t. 
11*1!!.  IIamh.ion   Fish.  Sn-n  turn  <>/  Sl,it,  : 

l'n«K-r  your  oi«I«ms.  as  tin*  l'n'>i<U'nt  (lircct*'*!.  tli«*  i>:i»on»'rs,  a'lont  one 
lannh««l  ami  sixty  in  imiiilttT,  liave  ln'cn  tmiK'»l  oxrv  to  ilic  admiral  in 
iiiuimaml  of  tlic  navy\ai»l.  A  third  tiiir  is  on  its  way  witii  otluT  pris- 
oiMTs  ami  will  takf  tin- sann*  course.  1  ha\<  just  ictiirmMl  iioui  an  in- 
terview with  the  admiral  at  the  navy-yard.  Colonel  IJyan  is  lulicveil 
to  he  eoiieeah'd  in  one  of  the  tn;:s.  Search  is  heiii;.'  made.  Tlie  ad- 
miral will  \viit«*  for  tnll  Mideis  (Vom  the  President. 
V»»nrs.  ri'.Npcctlni'v. 

KDWAKDS   riKHIMCroNT, 

I  niuil  Staff s  AttoriKii. 


'^ 


SlAlK, 

//.  Jidtr  '2\K  istll*. 

Atidriii'tf, 
iiur,  \iir  V(-rk : 
I  the  men  eii^M;,a'il 
yar«l  at  Jlrookl.Mi. 
)tlicer  in  coaiiiiitiid 
irtue  of  the  power 
)f  the  naval  torccs 
•  pniposc  of  t;ikiiiu 
ltnr|»oses  inteiitlfii 


ON   llSli. 
an  tiny  <»/  Stiitr. 


IT.'i  'Mr.  Fiilii,  .Ixxistii.nt  Attoriuyfii  m  rol.  to   Mr.  Fisli.  Sun  tory  of 

Stair. 

ATT<  IKNKV  (  i  EN  1:K  A  I.'S   (.)l  I'lCE, 

W'ofiltiiKjtini,  Jniii  .'50,  IStiO. 

Sill :  I  have  the  honor  to  transmit,  lierew  ith,  copies  of  telejxrams  re- 
'"■ivi'd  last  iii.i:ht  ami  this  moininu:  IVom  the  I'nited  States  marshal  for 
tlie  sonthein  district  vi  New  York. 

These  te!e;;rams  have  Ih'imi  communicated  to  the  Secretary  of  the 
Tr«a>nrv,  ami  the   Secietaiy  ot  the  Na\y  has  lueii  rc(iuestcd  to  keep 
tile  Whitinj;  safelv  at  the  navv  .\.ird  in  I'.rookiyn. 
N'erv  respectfullv, 

\V.  A.  FIKLD, 
A(tiiin.Aiiorney-(i{  iicrjl. 
Hon.  Hamilton  Fisu, 

Seircttiry  o/  Sfatv. 


m 

til 


H 


i  1 1  i 


!  )    1 


;•  I 


7'.M>  "!i:i..\rv    (IF    \VAs|11\(;T0N I'AI'I.l.'S     \(  !  <.M!'\N^  I\(; 

f  [iiflosnn'  No.  1.] 
Mr.  /itirloir.   f'nihd  Slotis  niar.shfd.  to  Mr.  Ilimr.  .\lli-nii>i(ii  m  i  il. 

L  TtU-jirain.] 

Nr.W    \n\i\s    ('t\\,,/uiit   L'!t.  ISd'l. 

In  ,ln'  Air(»i:M:\  (If.m'.i:  \i. : 

TIiicc  tujis,  two  scliooiicrs,  ;iii(l  ;i  slo«)]>  Icit  <lanlnri"s  Point  iltis  ukuii 
iii.u  al  .">  ;;.  in.     'Mn'y  li;i«l    Iktm   notilird  (»!'  the   sci/nro  of  tin*  \\'liiliii;r, 

Jt  is  inii>ossii»l('  that    thcv  should   attmipt   to  j^o  to  Cnha  in  llicji 
!  70J       prcsi'iit  vi'sst'ls:   *|H'ol»al»Iy  tin'y  will  iiin  tlown  (InM-oast  to  some 

l»ort  to  wait  for  anotlicr  stcanior.  I  think  tho  cnttcrs  at  I'liiln 
(Iflpliia.  ami  at  all  ])oints  on  the  coast,  shouM  lu»  oidcfiMl  to  put  ont  miil 
lo'»U  forthcni.  Also  the  Nt-vvport  and  New  lli'dlbrd  autlioiilics  should 
In'  iiotiticd.  They  will  try  to  }it't  a  st«  anu-r  at  sonic  otli.'i'  i»ort.  I  should 
like  to  he  iiilornicd  of  v.hiii  ordc'rs  niav  be  uivcn. 

i'lfANCIS  ('.   r.AIM.OU. 


(  IncInMIM'   Ni>.  'i.\ 

Mr.   liiirhnr,    I'liitiil  Shifts    itidfslldl.  tii   Mi.    Ilndr,   A  ll'irnrj/  <  ,'<  m  nil. 

[  ri'lc^i.im.] 

Nf.w    V(>i;k   ('\i\ .  ■Iinii  •_".•.  iscit. 

Jo  the   A  r'(nKM;\    (il'.M-.lJAI,: 

The  rcNc'iinc  ('litter  Cainphell  has  ,i;i>ne  to  (lardnei's  I'nint.  loi  ilir 
expedition.  Some  of  the  men  on  t he  W'hitinii' say  she  was  t(»  t.iKc  ell 
the  cxiicdition  at  the  Delaware  breakwater,  if  «'onvenicnt.  1  sn,L;uvsl 
that  the  nearest  cutt»'r  to  the  breakvvaler  be  ordered  to  lo.dx  allt  r  ;iiid 
detain  the  cxjM'dilion.  I'he  II.  Me<'o(»l  isoiieof  their  tnys.  I  am  pit 
f»M-tly  satisfied  that  the  \\liilin;:  was  their  vi'sscl.  She  is  at  t  he  iiavv 
\ard.      Will  \(»n  ask  the  Na\  \   I  )epaitmenf  to  keep  her  there  ri>r  me  .' 

lltANCIS  C.   l!Ab'l-n\V, 


[77]  'I  till  lu>iiir  No.  ;>.J 

Mi:  liirhnr,   I  nihil  Sfiitrs  HKirxhiiL  t»  Mr.  llntn^  .Ih'onii ji-^nm  rul. 

f'r.-lt';,n.iiii.  I 

To  the  ATT(M.•^•l:^  (Ji  nhkai.: 

Niav  Voijk  Cn  s.  -hntr  rM  l>ii'.» 
Wc  have  captured  tl  ••  AleCooi.  John  Chase,  and    Mabey.  tlree  of  tlif 
expedition  tii^s.  with  men. arms,  and  ammunition  on  board.     The  cxp*' 
dition  is  wholly  broken  up. 

I'b'ANJ'l.s  ('.   r.AK'l-ONV. 

f'liHi'l  Shitrs    M(u:shitL 


>M!'.\N^  INd 


1  Hi'iiicjldi  ih  III. 


IN  .  'hiiii  'J!t.  isiii). 


IS  r.  r.AiM.ow. 


(OlM  I'.ii    (■A>):    OF     llli;    IMTKK    SIAII'.S.  7I>< 

,)//•.  lioiitirill,  Scci-rtiii  1/  of  Ih'  Trctdinri/,  In  Mr.  Ihnn.  AtUtiiK  tj-Unurtd. 

TiiEAsnn    1  )j;ivvi;tmknt, 

Wii.sliiiiijloii.  'htiw  ."»(>,  18(»J>. 

Sii;:  I  have  tlic  lioiior  to  transmit  licrcwitli  copies  <»('  ft 'leura ins  sent 
hy  tliis  department  on  the  L'!)tii,  and  this  date,  to  tlie  ibUowiny-nameil 
iiilicois  re^aidiiiji;'  the  eiilon-ement  of  th(^  nentiality  htws  : 

On  tlie  -!>th,  the  eoUeetoi'  of  customs,  at  New  London  ;  I'nited 
States  marshal,  New  York  City;  and  this  daJe  to  colh'ctor  of  cns- 
toiiis,  New  liedtbrd,  ^lassachnsetts:  colh'ctor  of  cnstoms,  Newport, 
Ulioiie  Ishnid;  colh'ctor  of  cnstoms,  riiihidelphia  :  colIe<'tor  of  cnstoms. 
New   York;  collector  of  cnstoms,  \\ilniin^ton,  Delaware:  collector  of 

custtnns,  ]>altimore. 
[7S|  Since  the  r«'ceiptof  y(Mir  h  tter  ol  this  date  *transmittin*i'  copy 

of  tele^iram  from  Tnited  States  marshal  at  Neu  York,  annonnc;- 
iii^'  the  capture  of  three  of  the  exjiedition's  tuus,  and  the  l»reakin.u'  up 
at  the  expedition,  dispatches  liav(>  been  sent  r»'Vokiny-  i>r(vitiiis  tele- 
Ljranis  with  the  exception  of  those  to  the  coliecto;-  oi'  (•n>t«ans  ;it  New 
koiidon,  Newport,  and  New  15e<llbrd. 
I  am,  very  respectfully, 

(iKO.  s.  iu)rT\vi:LL, 

St'c(iifii/  I'l'  tlir   TfiKsiin!. 
lion.  v.  II.  IloAi:, 

Attorni'if-fiint  11(1,  I  iiilcil  Sdifcs. 


A  llnni'  1/  <ii  III  iitl. 


\\  .  'I II III   "J! I.  !S(;!», 


[Iticldsiii,'  N'l.  1. 1 

.]/>.  limit  11(11,  Sii'iilarii  <>/  Tir<(snrt/,  to  Mr.  llnrloir,  L'liitrl  Stiitrs  ninrsh  tl. 

Ti:i;Asri;y   Dki'aimmi'.nt. 

Wiisliliiijtoii, 'I iiiH  '.'t^K  1S(>I). 
Kk,.\x\(;s  C  l>AKl,(t\y,  ('nit<<l  StuUs  Mdrshal,  Xar   York  Citu  : 

CumiiKUHlinii'  otlieer  of  cutter  ('amid)ell.  New    London,  has  been  di 
it'ctcd  to  ol)ev  your  (U'«l«'rs. 

(illO.  S.   r.orTWKLL. 

SirrclKni  ol'  till    Irnfsiini. 


.[h'orni  II  fli'iiniil. 


*l' 


|i:»l 


I  illlldSlllf  \u.  'J.  j 

Mr.  linndnll^   Sn-rrlori/  ol'  Ho   Tr*osiiri/,  to  Mr.  (ir  „urll,  rollntor. 

♦TKKASI  KV   Dl.l'AIITMKM. 

Wdsliiin/toii,  J  too  ;;i.  isdu. 


//  ».^•<■^^ 


I.AWKKNCK    (itHNNKLI., 

Col Ur for  <>/  Ciistoius.  Xrir  Ilnl/onl  MiissO( 
See  that  no   yessel  at  your  port  is  employed  iu  violating  iM'UtraIit> 

:| «  S. 


r.EO.  S.  r.OI  TWFLL, 
Sevntury  of  the  Trcnsiirjj. 


'■  m 


^r^ 


\V 


m 


m  ^i\i 


7118  (KKATY    (»K    \V.\sniN(;T()N I'APKK'S    A(COMI'.\\VI\r: 

[Iiirlosmt'  Ni). :?. ] 

Mr.  lindiri'Il.  S-'c/rtiiry  (>''  fli'  T/'r  isiiy;f,  />    Mr.  TIrtiins,  rillrrtur. 

/loilN  L.  'I'll' (MAS,  .Ir,.  CtUvi'tnr  of  Ciistoins,  liftftimorc: 

Dt'parliiH'iit  iiitonn«Ml  tlnit  t>xp«Mlitioii  in  violiitiou  of  ii(Mitj;ilit\  l;i\\s 
is  ('X|KM't(Ml  to  (MiilMik  fnnii  till' I'iijM's  ol  Vir;iiiii;i;  st'inl  Nortlit'iiR'nlown 
to  rniisr  in  tli:it  vicinity,  watrliinij  iind  <l<'taininji-  snspii'ions  vessels. 
KxiMMlitiou  consists  of  three  tii^-^;  one  n.nni'cl  II.  Mel'.);)!,  t  wt)  s.-Idoiicisj 
and  one  sloop. 

(lEO.  8.  I'.Ol  TWKLL. 
Sccrritir}/  of  thr  TrKisnnj. 


m 


[Ilirli),-i!lc  No.  J.] 

Mr.  /irjfir-:!!,  S  -refirif  of  the   Tnnsiiri/,  ti>  Mr.  Murtihnll.  vMlr.lor. 


r-o] 


'f 'l'<l('L;riiiii.] 


TUKASl  UV   DKI'AKTMKM, 

Wosliiilfltoit^  >fuiic  .)((,  ISd!!, 

i\v.o.  T.  >rAi:'s[l  VT.L,  CoUrdtr  of  CkkIoius,  Xeir  Ij)irh>n^  Conncrtiriit : 

Direct  i'oniniantlinj;  oHicr'r  of  revenn<' cntter  Caniphell   to  ohi-y  iiiiy 
orders  he  niav  receive  tV()ni  Marslial  iJarlow. 

(IHO.  S.  T.orTWKKL, 

IStrrctori/  of  (lir  Trnisiirii. 


Ks 


I  'J 

i 


[Iiulo.sinc  \(».  .">.] 

Mr.  IliHitirtU.  Sirrttdri/  of  tin'  Tnasiiri/,  to  Mr.  .\ol(ii,  coUvrtor. 

[Ttlt  <ii;nii.l 

Tui'.AsrcV   Dri'AUrMKNT. 

»»  osliiiHitoii,  Jinir  ^JO,  ISO!*. 

A\ ■^^.  I).  Noi.KN,  Colhrtnr  of  Citxtoiiis,   ]\'ilmlii(itoii,  /hloimrr  : 

Department  informed  that  «'\pedition  in  violation  of  nentralit\  l;i\\s 
is  expected  to  enih.iiU  at  niontli  «>1  Dehiware  Hay.  Send  .Miami  down 
to  cruise  ontsi«h*  of  l»ieal< water  to  watch  and  detain  snspicioiis  vessels. 
ICxpedilioM  cinisjstsof  tlirei*  I  lys.  one  named  II.  McCooI,  t\vt»  schoomis, 
and  one  shM»i». 

(iKO.  S.  noiTWKM., 

kSevrrtnry  of  tin   Trfusxrif. 


MPANYIXO 


'omix,  r  >Ut('h>r. 


of  iK'iihality  I;i\\s 
<l  NortlH'riionlowii 
siis|»i«ti()iis  vessels. 
>t)l,  two  s,'li,)(ni('rs, 

y  of  t/ir  TriKsun/. 


[81] 


(•OINTKK'    CASK    OK    TIIK    INK 

*(  Iliclosilic  No.  (i.  ] 


IKK    ST  \-|i.; 


799 


Mr.   Iloiifinll,  iSrciiltin/  u/'  thr   1 


[T.-I. 


'irasiiri/,   to   Mr.   (/rliairH,  collrrtor. 
rr.iiii.] 

Tl^KAs^|^^    I));i'.\taik,\t, 


.MOSKS   II,  (ilMNMMM..  Coilcrfor  of  ( 


WdshiiKiUti},  Jioic'.UK  ISCil. 


iisfoDi.s,  Xcir    York 


Motion   one  of  leveime   tn-s  in   ,,li,ee  of  MeCiilloeli,  and  out  !; 


amler  teiniXM-ai.v  orders  of  .Alarslial  IJarluw.  if  in.  wisl 


itter 


les. 


S(<-rrt(in/  of  tliv  Tycnxio 


'!/■ 


wahnll,  atUcrlor. 


^.I'AUTMKNr, 

I,  June  :u\,  i>;(iii. 

,  Coiuicrticiit  : 
pbell    to  ol»ey  iiiiy 

)Ittwi:m., 

'  <>/  the  Timsur}!. 


[Iht  losini'  N( 


Mr.  noutiirll,  ^Scnrlari/  of  fhr  7 


rcKsiir;/.  to  Mr.  M.ior. 


>ll(r(> 


ITrl.-TM.li.] 

TUKASllJ  V    1  )K1'AU1  AIE.NT, 


IlKNUV  1).  MOOKK,  Collrcforo/'  Customs,  J'liihtfhhtit 


W(is/iiii<itoii.  J II lit'  ;;(>,  isco. 


I  nil 'I 


Department  informed  tliat  expedition  in  violation  (»f  nentralit\  li 


I'xpeeted  to  emhark  at  month  of  l)e]a\vai(>  1 


nvs  IS 


Send  Seward  down  to  wateli  and  det; 


;av 


iin  snspieioiis  vessels.       Iv\p(Mli 


tion  consists  of  three  tii^s,  one   nann-d  Jl.  .MeCool,  two  scl 


one  sloop 


loonei  s. 


and 


<;eo.  s.  noiTw  i:ll 


tSfrretori/  of  tlu-  Tniisurji. 


ohn,  colhrfor. 


["2] 


■"[rucloHiiit'  No.  >.  I 


Mr.  lioiitivi'll,  IStrri'tan/  of  the   Tniuuiji,  to  J//-.  lUoloir.  r,ilttil 


niitr.slitd. 


iit((feH 


['l<'l.-,;riiiii.J 


ll'AIMMKNT. 

»/,  J II II r  ;>(>,  ISO! I. 

'diraiT : 

►r  nentralitN  laws 
Send  .Miami  down 
snspi<-ions  xessi'ls. 
•ol,  two  sehoont  i>', 

TWKM,, 

<>/■  tin  Ttmsiii-ii. 


I'UtNClS  i\   \\\\\ 


TlJllASlKV    DkI'AK'IAIK.XT, 

]V<i,>iliin(jtoUj  'liinv  M\,  ISO!), 


LOW 


Ciiitril  iStdtcn  Marsliiil,  AV/r  Ynrl-  Citi/  : 
Steamers  Seward  and  Miand  have  been  ordere(i  to  tlu-  breakwater; 
erner  to  the  eapes  of  \'ir,uinia.  ('(uleetors  at  Newport  ami  New 
luMltbrd  instriieted  as  to  omplo.vment  of  vessels  in  violating;-  m'utrality 
l>«s.  Steamer  iMc(7ulli)ch  at  New  York  plaeed  temporarilv  nmler  vonr 
oniei's. 


Norti 


(;i:().  s.  uorTWKLi., 

Si mt mi/  of  III)   Tnvsur//. 


B*J--i.'^  ■'{■if,*' ' 


8U0  IK'l.  \IV    ol      U  ASIIINCION I'.M'Klfs    ACCOMI'AN  Vl\(; 

[  Incldsiiic  \(i.  ;•. ] 
.1/r.  liDitfinli,  Si:  n  titii/  i>/  tin-  TrniNurif^  to  Mr.  Martt/,  lolhufiu . 

['I'f'iciirani.  ] 

TuHAsniv  1)kpaimmi:nt. 

]Va.sluii(jt<ni,  'June  .'»(),  iMi'.i. 
Sktii  H'.  :Ma(  kv, 

i'olUvtor  of  ('iisto)ns.,  Xt'irporf,  Wiode  Island  : 

Soe  that   no   vessel   at  yoiii   port  is  j'liiploycd  in  vi(>Iatiii,i>' ii<'nti;ilii\ 
laws. 

(iKO.  S.  IJOUTWKM., 
Si'crtturii  o/  the  'iratsitrii. 


m 


m 


■  •^1 


Mr,  Uttrloir.  I'uitnl  S(al>s  nitirsliol,  /c  Mr.  Hour.  Attorm y-(i(inrii'i. 

[  I'dtjiraiii.] 
[S;{|  *Ni;\v  VoUK,  .hilji  I.  lS(i!i. 

'I'lIC   ATr(iKM:V-(iKNKi;AI..    WdsliiiK/foil   • 

1'lie  Malioiiin;;  lias  s(i/.<'»l.  ;if  M  iHor<l,  ( '(innecticnt.  the  srli(i(>M('i'.>  iain  . 
and    W'iiitdia.   lulonnin^-  to    the   rN]K'<iition.     Tlu' Winona  lias  i|s  iirms 
and  aniniiinition  on  iiointl.     The  l-'ancv  lias  disciiai'jird  most  olitsciiimi 
ol"  arms,  and  it  is  now  on  the  dock  at  .Miltord.      It  is  ont  of  niv  jnrisdh 
tion,  and  will  yon  tclc^irapli  at  om-r  to  tlic  neaicst  maislial  to  j;<»  to  Mil 
lord  and  sei/.c  it  .'     Let  me  know. 

FIv'AXCIS  ('.  r.AlJLOW. 

(  nilril  >it((t(.s  Miiislm'. 


Mr.     liil'l^    As.siMl(in/    AUoriinidriirrtil,    to     I'nltril  ISt(it«.s  inar.'ilKil,  \i  ic 

lliir(  II,  Conmrticnt. 

[■l".l.';;r:iiii.J 

W  \SIHN(iT(tN.  ■IkJji  1.  1><<I!', 

L'nui:i»  Si  atks  Maiishai.. 

ynr  Jlnrcn^  Connciiintt  : 
TIm'   scliooneis  I'ancy  an«l   Winona  are  ;it    Milford,  alh'^^cd   to  li;i\r 
violated  tlie   nentrality  laws.     See  district   .itt«»rney,  and    take  ( iiic  m 
them  and  the  men  I'onnd  on  Itoard. 

W.  A.   I'1KM>. 


}fr.   Firhl,   Assistant    Attyrinifdrnrral,  to   Mr.   n7//<//,  dlstiirl   atlonKii. 

[Tfh'jtrain.J 

WA.SIIIN(JT(.N,  -/«///  I.  1'^<1!'- 
lliUAM    Wii,i,i;v,    lvs»|., 

Uniii'd  States  Attormy,  Sra'  London,  Connrctivnt  : 
[84 1        "Take  eareofthe  s<'liooners  Fancy  and  Winona,  with  thoir  arms, 


II'ANVING 


COrNTKK    CASK    (>F    THK    HMTKI)    .STATKH. 


801 


rNv'J/,  <(}llnf(ir. 


ammunition,  nnd    tmcii,  now  ;it  Milfonl.  ;ill«>,i,M'(l  to   Inivc   violated  the 
iic'iUnility  laws. 


W.  A.  FIELD. 


i'AUTMl'AT. 


i(>latin<4'  iuMiiialii\ 

lUTWKLL, 

o/'  flic  Tmoiiini. 


tlonu  i/>ini<  III!, 


JK,  '/nil/  1,  lS(i!l. 

ic scliooncr.^  l',\\U\ 
inona  iias  \{<.  anus 
(1  most  of  its  (Mi'^ii 
lUt  of  ni\    jiirisdic 
rshal  to  i;(t  to  Mil 

r.AULOW, 

/  staffs  Miir.shdK 


tiifrs  iiKirsluil.  \i  ir 


)N.  .lull/  1.  l^ill'. 


i/r.  Flihl,    .l.v^•^>■^(/(/   Affonii'i/di'iu'riil    f<>    Mr.    ll'irhtir,    Unifcil    States 

wnrslinl. 

I    TrlcmMIIl.  1 


F.   C.    r.ARLONV 


\Va.S1I I N(i TON,  .//<///   1,  1801). 


United  Stnfex  Marshal,  Neic  York  Citi/: 

Have  sent  tcloj^rains  to  Uiai-slial  and  district  attorn<'y  of  ('onnccticiit, 
o  take  care  of  tlie  I'ancv  and  Winona. 

W.  A.   FlICLI). 


Mr.  Willri/,  tlistricf  aftoniri/,  to    Mr.    Firhl,  Assistant   Atfi>rnr>/-<iC)teral. 

[T.-lrj-Tiim.] 


Ni:\V  liONDOX,  (JoNM'.cricir.  .hiln  1,  1  Still. 


w 


W.  A.   FiKi.l), 

Assist((nt  Aftorneij-General,  Washinfffnn  : 

Vonr  telej:i'atn  is  reireived.  1  liave  teleiirajtlied  tli»'  inaislial  at  Xe 
!lav«'ii  to  procred  at  onee  to  Milford,  to  hold  the  srliooneis  Fancy  and 
Winona,  tlieir  arms,  ammunition,  and  men,  in  custody  till  further  orders. 
Tlie  enlistm«'nt   of  men  was  in  the  southern  district  of  2se\v  VTork,  and 

should  be  ju'csented  in  that  district. 
fH."»i  Is  it  the  i)ur|>os(;  of  the  (lovernment  to  libel  *the  vessel  aud 

carjifo  as  forfeited  .'     If  so,  instruct  mo  to  do  so, 

HIIJaM  WILLEV, 

I'nited  iStates  Attorney. 


il,  alh'.uc*]    lo  ii;i\>' 
iiiid   take  care  ct 

W.  A.  FIE  LP. 


ilr.  Carll.  I'nited  Sfati.s  mnrsliiil,  fo  Mr.  Firld.  Assistant  AttorneyGeneral. 


.  dlslriit    atliniiiih 


>S,Jul!/  I.  lS(l!t. 


[Tcli",!:riiin.  1 

Nkw  Havhn,  ('<»NNi'Xrn<'tT,  July  l',  IhOD. 
H'Mi.  W  .  A.  FiKi.i), 

Assistant  United  States  Atfarnnj-Ceneral : 
Tlio  schooners   Fancy  and   Winona  both  at  tin'  dock  in  New  Haven, 
witli  a  poition  of  carj;'o;  balance  of  car-join  Milford:  all  in  my  custody, 
awaitinj;  furtlier  orders, 


r.  K.  CAKLL, 

United  Statics  Marshal. 


51  A 


wrww^ 


m 


f 


r' 


ill  t 


■i 
I;  ; 


k 


':m 


'I'l 


iili 


'I 

if 

Ill 


il  i 


i- 


f''l^' 


* 


802 


TKKATY    OF    \VAS|||  \(;  l'c»N I'.U'KI.'S    ACCOMI'AX  VIN'd 


[8(ij      *Mr.     Ill  1(1,    Assi.staiit   A  ttornn/  (itiii ral,    to    Mr.     W'ilhif.  dintru. 

(tttarnt  i>. 

[Tfloj^ram.] 

WasI1IN(JT()N,  Jtlll/'J,  ISlill 
HiKAM   AVlLM.V, 

i'nik'd  iStatis  Attorney,  Xcir  Londitn,  Connect icuf  : 

Liltcl   vossi'ls  and  carjio,  it'  you  tliiiik  tlioy  an'  forfoitaltlc ;  otlicruiM 
(lotaiii  tlioin,  and  icport  fa<-ts  to  tliis  oMicc. 

\V.  A.  FIKLI), 

Axsistiiut  Attoruei/-(icnciii!. 


Air.  liarloic,  United  Staiis  uuirshaU  to  Mr.  Iloor,  Attornti/Gvmriil. 

[Trl..j,ri:iii!,] 

Xkw  Vokk,  .full/  L',  isd'i. 
Attokm:y-Cem:i:al,  Waxhinr/ton  : 

TIm'Io  are  not  to  exceed  one  InuulnMl  and  scxonty-tive  ni('!i,  Tlic  li.il 
anee  ei^eajx-d  aslion'  bctore  eaiitnie.  Who  shall  teed  them  .'  They  wil! 
.starve  unless  someone  (hies.  \\  Ikj  must  take  ehai/ie  of  tlu-m.  1  ortlif 
admiral  *  Please  answer.  Tnless  these  men  an-  dischai-ucd  at  once.  1 
learn  that  n  halnitu  eorjnis  will  lie  sued  out  lor  them.  \N'hat  letnnicu' 
l»e  nia<ie  to  it  .' 

rJlAXi'lS  (MSAKLOW, 

L'nitcd  lSt<(te.s  Mdrshal. 


Mr.  Field,  Avtimj  Altorney-GeneraL  to  Mr.  lUtrlmr,  I'nidd  States  indrslntL 

[  Tilf^iaiii.] 

(871  *\VA.sni.MiT(L\,  Juh/  'J,  IMiit. 

FllANfis  (".   r.A!;T.(.w,  Cnitid  Stat<N  MarshnK  A( /r  Vor!:  Citf/: 

T]\v  Pi('sid<nl  has  x-nt  instiucti.iiis  aliout  Jcedin,u  men.  All  ellinTS 
and  men  are  to  he  ari«*st((l  on  el  itiiin.il  process.  Jn  ucneral.  dlliccrs  iiihI 
all  jiersoiis  who  have  torleited  neutrality  rccoj^ni/.ancc,  <m'  lirokcn  linin 
arr«'st,  aic  to  he  held  t(»  ;^ood  bail  tor  ajipeaiance  and  ,i;oo(l  hcha\iiir. 
'1  he  nu'U  ;:encrally  are  to  lie  discharged,  on  tlieii-  own  rcco.^iii/.iincc.  !<»r 
appearance  and  ;;()od  Ix^huvior. 

The  vessels  and  tu^^s  are  t<»  he  libeled,  if  the  <li>trict  attoiiiey  tliitiks 
they  are  forfeitable;  otheiw  ise  to  l>e  detained,  and  the  atl»triic,\  i>  to 
report  facts,  with  his  ojiininn,  immec  iately  to  this  ollice. 

(Jive  cop\  of  this  to  district  attorney  as  his  auth'»ritv. 

W.  A.  FIKLD, 
Aei'uKj  Alloriidj  iiinc.id. 


JTON,  'full/ 'J,  ]S(i!l. 


COl'NTKK'    CAsi;    OF    THK    rMTKD    STATKS.  SO.'j 

Mr.  lUirliHC,  I'm,  d  i'^ttttrs  iiiKtslutl,  to  Mr.  Una,,  Att'>,-,iri/(;rii<  ral. 

l.Tcl.'piiiii.] 
JIiiooKi.vN,  Nkw  York.  JiiIi/  1',  is<;!i, 

ATToUNE^   (IKNKUAL,    \V<(.sliiii(lt(>n  : 

I  li!iv<^  tiik'Mi  full  cliarj;-!^  o  '  (lie  iiicii,  ;i<-c(M«liii;;-  to  vour  onlor  of  this 
ni<>rnin<r,  and  wii:  s«'i'  that  they  arc  latioiii-d  ;it  my  fxpcnsc.  mid  will 
hold  tlu'iii  until  iUrthcr  oi'ders. 

rKANfis  ('.  i:ai;low. 

I'liilcd  SUfiis  Mar.^hal. 


AtlorihiiGcinral. 


(>ni\.  fht!}/  'J,  ISd'i, 


'.  IJAKLOW, 


jSSj      *.!//,   lUuUur.  I'liilcd  States  imtrshul,  ti>  Mr.  Jli.nr.  Atto;  nri/  i,'iu 

cral. 

I'MTKi)  States  ^vrAitsiiAi/s  ()iri<  k. 

SOUTHEUN    DlSTlii'T    of    NkV.'    VmRK, 

Svir  York,  Julif  l\  ]8(»t». 
Siu :  Tlic  loul'usiou  ycstcnhiy  and  this  inornin^,  as  to  who  should 
t;iko  charjicorand  fct'd  the  i)iisoiKMs,  arose  from  tlu*  l'a<-t  tliat  tut*  orders 
ot  the  Xavy  Departnu-nt  of  July  1,  sayinu  that  t'le  eajitured  nu-n  were 
to  be  taken  ehar^'e  of  and  fed  by  me.  were  not  e<»mmunieated  to  me. 
No  ibiplieate  was  sent  to  me  by  the  Navy  J)epaicn.enf.  nor  copy  by  the 
admiral  ;  consefpiently,  the  last  order  I  knew  of  wns  tluit  jtiven  on  June 
I'll,  throu<»h  tlu'  district  ati'oriu'y,  that  tlw  men  and  vessel ;  be  put  into 
the  control  and  char,i;e  of  the  admiral.  Therefore  I  supposeil  that  he, 
ami  not  1,  was  to  keep  and  fce<l  them.  To-d;iy  1  learne<l  of  orders  from 
the  Navy  Department  of  duly  1,  and  ,y(»t  your  di<p;itch  of  this  i.uornin;^", 
to  keep  the  prisoners  until  further  or^icrs.  I  have  arrauiicd  to  teed 
them.  The  teh».<»ram  of  the  l*resi(U'nt  as  to  their  disposition  has  been 
received,  and  shall  be  ob(>yc(l. 
K'es[)cctfullv. 

KKAXCIS  C.   1;A1JL(J\V, 

L'nittd  statis  MarsJicJ. 
Att(Mjnev-(ii;nku.vi  .  Wcisiiiwiton. 


A 


iilftd  States  inai-sli"! 


ilr.  />ur/.s,  Actiii<i  iScrrclarij  n/  Siad,  tc  Mr.  V'n rrcpunt,  district  attunuy. 


m 


rr.i'Ai," ! MJ'AT  ov  State. 

'  Wa.shiiiijton,  JkIi/  L',  1S(;'>. 


Sli; :  I  am  directed  by  the  I'.csidcnt  to  ackic-nvledjie  the  n-ceipt  of 
your  telegram  of  tlu'  1st  instant,  relative  to  tlu'  disposition  to  be  made 
)t  (J.  II.  Nturis,  William  Scisdorf,  .1.  F.  (lanccy,  llalph  Harmon,  and 


i".  W  .  C 


(Mtant. 


The  Presidj'ut  does  iu)t  deem  it  advisable  imm«'diafely  to  r«  lease  the 
luisoiiers,  without  substantial  bail.      Itur  he  would   lik«'  your  opinion 
upon  the  propriety  ol"  releasing  them  on  their  own  recoj;"ui/.ance  as  s«»ou 
a.s  matters  have  quieted  a  littli'. 
I  atn,  sir,  ^v.. 


J.  C.  v..  DAMS, 


Edwards  Pieruiu'ont,  Ks(i. 


Actimj  Strrcttiry. 


United  States  Attorney^  Xeic  York. 


cX04 


TKF.ArV    or    \V.\t<lll\r,TON I'Al'liKS    ACCOMl'ANYlNi; 


»    ^¥ 


1 


I.  ?  1 


'i-i , 


J/r.  F/r/*/,  Actimj  Aitornrij  (iduroU  fo  Mr.  VarU,  I'nitrd  >t  livx  mnishn}^ 

<i)i'l  h>  tlistrirt  otlDint  i/s. 

V.AMIlNGTnN,  ./j<,';/  .•,.  ISC'.I. 

Siu  :  T  liii\«'  liTcivrd  >(»iir  Iclc^iinin  oi'  .vrstcuhiy.  n-latiii:::  t<»  liic 
scliDinicis    I"';iiiiiy  ;ui(l    Winona,  tlu'ir  riirjioos,  ami   xhv  uwu   tnuuil  on 

bonnl.     1  liav«'  snit  a  tcloj^rain  to  tlir  distiict  attorney  of  ('mi 
[IMi]       nrrlicnt.  instnu'tinii"  liijii  in  i('S|M'«'t  to  tin'  vschoon'ns  an«l  tliijr 

<ar;:ors.  In  ic^aKl  tt>  tin-  men,  y«)U  iniist  ri-port  tin'  lact>  toliim. 
If  tlM'y  liiivt'  roniiniltrd  any  <iini(',  it  has  prohably  iu-t'M  rtunmittrtl  in 
the  sontht'iii  <listiit'r  of  Nt'W  York  ;  and  they  must  W  tiii-d  in  tin'  dis- 
trict where  the  crinn'  was  eonunitted.  15nt  tln'y  can  he  ar!e>t(il  and 
luld  to  answer  in  any  district  where  they  may  Ite  tonml.  It  is  inijioi 
tant  that  yon  asceitain  whether  any  of  these  men  were  h-adeis  in  tiic 
movement,  (>r  have  heretofore  been  arr«'st«'d  on  a  eharjje  of  violatin,' 
the  neutrality  laws,  if  they  are  merely  the  erews  of  the  steanu-rs.  tiiey 
need  not  l)e  arroted  on  eiiminal  process,  hut  the  district  attorney  should 
he  consulted  in  re;^ard  to  le^^ally  detaining;'  them  in  sucii  a  manner  .is 
may  he  necessary  to  secure  their  attendance  as  witnesses  in  the  trial  of 
any  proceedings  that  may  he  instituted  a.i;ainst  the  schooners  (»r  thcii' 
<*ar;;oes.  If  tiiey  ai»*  men  enlisted  in  the  expedition,  hut  who  took  no 
active  part  in  >ettin.Li  it  on  foot  (tr  oriiani/in;;'  it,  they  should  he  arn-sted 
on  eiiminal  process,  l»iit  may,  unless  the  district  attorney  «»f  New  York 
thinks  otln-rwise,  he  released  from  arrest,  on  their  own  recognizance,  to 
appear  and  answer  to  any  indictment  that  may  he  found  a;4ainst  tliem, 
and  on  their  own  re((»;:ni/,ances  for  lutnre  };"ood  heha\  ior.     So  many  as 

were  leaders  in  the  expedition  are  to  he  arrested  on  criminal  pro- 
[lU  j      eess,  ami  either  ctunmitted  ov  h«'ld  to  hail  with  sureties  to  *  answer 

to  any  indictment  that  may  he  fonml  a;;ainst  them,  ami  n«»t  here- 
alter  to  \iolate  the  neutrality  laws. 

The  «listrict  attorney  of  (Connecticut  should  communicate  with  tlif 
distri«-t  attoi  iM'y  of  New  Vork,  that  they  may  act  in  cotjcert :  ami  von 
are  reipiested  to  ascertain  the  ';ames  of  the  ])ersons,  their  r«-sidences. 
occup.at ions,  and  connt-ction  with  tlii'  ex[»edilion,  ami  send  a  siatenient 
of  these  facts  to  hoth  these  district  attorneys. 

\'«'rv  icspectrnll\ , 

w.  A.  1  n:M). 

A ctinij  A ttonifif- Hvntra I. 
Petkk  IJ.Cai.m.f..  i:.><|., 

i'nitvil  ,Stafcs  iiKirnluil,  .Vevr  ilan  n,  Connecticut, 

[Copies  of  ahove  were  sent,  sanu^  date,  to  district  attorney  for  Ton 
necticut  and  »!istrict  attorne.\  for  southern  district  of  New  Yi»rk.j 


1 

It 


m 


Mr.  lUirlmr,  I'niti'l  States  marnhnl,  to  Mr.  Hoar.  Attornry  Generol. 

[Trlcyrain.] 
(^)t'AJJ ANTING   STATKt.N,    Nt:\V    Vt.i:K. 

July  X  isi;i>. 

The  ATr(>iiM:v-(ii:NKiiAL  : 

All  prisoners  will  be  rcleasul,  on  their  own  recojLjnizance.  thi.s  atter- 
iiot)n,  except  Alfaro  and  Hasjjora.  None  others  of  enough  importamo 
To  he  held  on  bail. 

FKANCTS  ('.  r.AKLOW. 

United  i>tati;f  Marshal. 


irANviNt; 

'//   >t  itt'M  UintshnJ^ 

N,  .Jtuji  .'..  iM'.'.t. 
i.  H'latiii;;   to   ihc 
lit'  intii   toiniil  (Ml 

att«»riu'>  of  (oil 
Doii'tTs  and  ilitir 
t  till'  t;u-t.N  tit  liiiii. 
i-i'ii  roiiiiiiitit  il  ill 
e  tiiiMl  ill  tilt'  (lis- 

Iti'  anf>t«»l  :iiiil 
tiitl.  It  is  iiiipui 
dv  Ifatltis  ill  I  lie 
arj;t'  «>t'  violatinj: 
lit'  stt-aiiifis.  tlii'v 
•t  atlMiih'y  sliiHilii 
sut-h  a  iiianiiiM'  as 
vst's  in  the  trial  of 
schtMiiit'is  t»r  tlii-ir 

hut  wlm  titolv  no 
lioiiM  Im'  aiK'stcii 
iifv  t»t'  >'f\v  Yoik 
1  it'fo::Mizaiict',  tn 
iihl  a^^aiiist  tliiMii, 
,  ior.  S«>  many  as 
il  (III  t'liiiiina!  [no- 
iiit'tifs  tt>  •answer 

em,  antl  ii»»t  Ik'M' 

iiinicate  \vitli  tli<' 

i-oiiet'it ;  anil  vou 

tlifir  ifsiilfnco, 

st'iitl  a  siateiiiciit 


tfiirnttf  (ienertii 


izanet'.  this  atter- 
louj^li  imi)ortani'« 

r.AHLOW. 
i<taUi(  Marahnl. 


COITNTKR    CASE    OF    TTIR    UMTKD    STATER.  80') 

[!)L'|      *.!//•.  Field,  Artuiff  Attor,miC,cneml,  to  M,.  JUo-Ioir.  i'nlUd  ,sY<f/t'« 

viarslmf. 

Wasiitngtox,  Julij  r,.  isoih 
Fi:ANCI«  C.  IIaijlow,  UniU'fl  States  .}f<n:<<Ji((l,  Xetc  York:  ' 

Tilt'  tWViccrs  ami  men  must  lie  j.nt  in  .jiidieial  custodv  as  soon  as  pos- 
sil)Ie,  t'iflier  under  separate  or. joint  complaints;  and  ii'a  writ  of  lidhcaa 
corpus  issues  before  tiiey  are  arrested  on  a  warrant,  pendin;^'  tiie  liearinj^ 
of  the  writ,  a  warrant  eaii  be  obtained,  and  imnietliatelv  served,  if  they 
are  diseliai'u-ed  at  the  heariii;:, 
(Jive  copy  to  district  attorney. 

AV.  A.  FIKLl). 
Ai'tiuff  Attonii}/  Ocneritl. 


Mr.  Hour.  Aitorinii-inntroL  tit  Mr.  Pirrrrpouf,  district  nffoiiu-ii. 

WASlll.NCTdN.  -f  til  If  (I.  lS(i'.>. 

SiiJ  :  I  am  inslnii'ted  by  tlic  i'residcnt  to  s;!y  to  you  that  yoar  course 
in  lu'osecutinj;'  with  eiieruy  and  vi;;(>r  the  viciations  of  the  neutrality 
laws  of  the  United  States  meets  his  full  a|»pr<»bat  Ion. 

NVhatever  may  be  the  sympathies  felt  by  the  Croveinment  or  people 

of  tlic  I'liited  States  with   the  iiihal»itauts  of  other  c»uiiitries  seeking; 

to  \  indicate   their  liberty,  or  acpiire   nati<uial    imicpeiidciice,  a 


^violation  of  the  laws  t>f  the  I'liited  Stales,  liv  their  a;i•ent^ 


s  or 


sympathi/.crs.  cannot  be  tolerated.  It  is  the  duty  of  every  ex- 
(M'litive  ollicer  faithfully  an  1  iV'arlessly  to  administer  the  law  :  ami  the. 
1  iiited  States  w  ill  never  permit,  or  t'onnive  at.  the  littin;if  out  of  military 
expeditions,  within  our  teiiitt)rv.  ajrainst  I'liy  country  with  whom  wt> 
are  at  peace.  The  nati«»n  will  conduct  aiiu"  control  its  own  wars,  ami 
will  not  allow  ]>rivate  citi/ens,  or  forci;;'ners  who  enjoy  our  hospitality 
and  lu'otectitui,  to  maUe.  with  impunity,  this  c(*untry  the  base  t)f  hostile 
opcialicms. 

The  President  also  directs  ino  to  tt>>ay  to  you  that  he  tlesires  that  yt»u 
\m11  use  every  means  in  your  power  to  arrest  and  i>iinish  the  lawless  men 
who  have  assaulted  ami  obstructed  the  dcjuitics  ol'  the  marshal  in  the 
tlischai\ue  ot  theu'  ollicial  duties. 

Jt  has  been  represeiitetl  to  me  that  threateninj;  letters  have  been  atl- 
(Ircssed  to  the  members  of  the  ;iiand  Jury  in  atlemlance  upon  the  tlis- 
tiict court,  lor  the  purpose  of  deteriiiii;  them  from  tiudinji-  indictments. 
It  would  be  dis^iiacefiil  to  the  (lo.-ernment  if  such  au  tmtra^^e  should  be 
successful  iu  its  object,  t)r  the  perpetrattirs  tif  it  escape  with  im|uuiity. 
Vou  will,  therelore,  use  every  exertion  to  detect  ami  punish  them,  antl 
the  whole  powfrof  the  C'lovernmeiit  will  be  used  to  sui>port  y«ui  iu 
I'Ui      your  ellorts  to  insiue  a  steatlv  administration  *of  law,  and  a  tirm 


administration  t)t  justice, 
Jlespeet fully,  ytmrs. 


Hon.  KinvAiiDs  rii:iiiJi:i'oNT, 


iJ.  K.  II (JAR, 

Attonuy-iicneral. 


I'nitdl  iStatis  Attormi.-.ytic  Yorlc  Citij. 


r. 
I 


806 


TRr.ATV    OF    WASHINGTON rAPKRS    AOCOMPANYINC 


5f 


I,  . 


% 


•i  t» 


Mr.  }f.  fit'  Horn,  SiHinisk  muxHi,  to  Mr.  Thoma.'>.  i^lkviitr. 

CisTOM-IInT  si:.  l*.Ai/mi(»Ki:. 

Volhrinr'n  ih}iir,JiiiifS,  ISCK. 
Sir:  III  (onsn|iUMHV  of  tlio  jnst  inoasiirfs  lately  taken  by  tin' New 
York  antlioiiiies  in  onlrr  t<>  |»n'V«'nt  the  ilfpartnre  of  »'X|M'<litit)iis  \mi1i 
war  ni;U('ri:il  for  tin*  insurm'jit.<  in  CiiWa.  it  sc«Mns  that  ('u))an  ai^rnis 
liavi*  tnnuMl  their  eyrs  toAanl  tliis  jM>rt  as  a  l»as<' «>;  ih«*  niMiMtmns 
which  thoy  faih'il  to  ajToniplish  in  New  York,  thanks  to  tin*  activity  <»f' 
the  anthoiitics. 

It  is  my  duty,  as  the  on»^  intrn>tril  at  this  |»ort  with  the  inoiedioti  ui' 
Spanish   interests,  to   niake  the  alwive  knouii   to  your  honor,  praviii;,' 
that  yon  may  be  plcasctl  to  ailopt  siuh  steps  as  will  prevent  the  (Icpirt- 
lire  of  war  materials  >n>pi>cteil   of  a  <le>tiMa:i«iii   for  the  insurgents  in 
Cuba. 

I  «lonl>t   iHtt  but    thar.  with  your  well  known  zeal.  y«iu  will  ;.'rant  (hio 
cojisideration  to  my  reipie^f :  by  dniiij;  n  hieh.  Spain  will  receive  a  s|MMi;il 
favos-.  and  the  laws  ot"  neutrality  will  be  fully  eanied  i>nt. 
I  avail  the  opi»ortnnitv  to  subserilM*  uivs4'lf.  »\:e,. 

KANrisro  M.  i>i:  HAlfX. 
,y.">J  '  Suntisli  ('inis)il. 

lb  MI.  .KuiN   I..  Th«»mas.  Jr.. 

ColUcfift  of  thf  I'nrt  of  JUiItitufirr. 


^fr.  lioirtiitin,  .s/xr/'i/  ih'puh/  enlhvtor.  to  Mr.  Har,t.  .N;wi»»x/r  mtisul. 


w 


^"^i 


CrsTOM  IIorsK.  Bam  iMdKi:. 
(oUftor'ts  Oj^ce,  -hibi  10.  ISC'.). 

Silt :  I  have  the  honor  to  aekno\vIi-il;ie  your  (oniniunication  of  the  Sili 
instant,  callin;;  my  attention  to  the  fact  «»f  Cuban  a;renls  opeianiii;  in 
this  port  in  behalf  of  the  insur^rents  in  <.'ul»a.  an«l  expressing  the  liepc 
that  I  may  adopt  such  steps  as  will  prevent  the  departun*  of  warliko 
materials,  vS:c. 

In  answer.  I  have  the  hon»>r  to  state  that  your  information  lias  htdi 
anticipatcil  l»y  the  authorities  at  Wa>hin^to:i.  wh«»  have  is>ued  iiistnic 
tions  to  me  on  the  subject. 

In  accordance  with  these  instructions.  I  imniediatdy  or;;ani/i  d  a  <!' 
tecti\»'  force,  and  hope,  if  there  l»e  any  parties  who  <-uiiteiupIate  an  c.\ 
jMMlition  to  Cuba,  in  violation  tif  the  laws,  that  I  may  be  able  to  lintl  out 
all  about  it.  ami   prevent   it.     You   may  rest  satistj«-<l  <»f  my  sim  ere  de- 
sire to  enlorce  the  neutrality  la^  s  of  the  Cnit***!  States,  a::d  to  this  end 
1  w(»uld  be  thankful  tor  any  inf«*tniation  that  may  Ix'  in  your  possession 
as  to  the  objects  and  intentions  if  the  a^ieiits  refern*d   to  in  your  cum 
munieation. 

I  ha\e  the  honor  to  Ixs  &<*., 

li.  W.  BOWMAN, 
Sjtt^ial  Dpn*ii  ( '•>//<■<  for. 

FuANCisci*  M.  DK  Hakn. 

Sjtanith    ('ott^ul. 


rWYlNC 

vi.inioRi:. 
If,  .hiitj  s,  isdii. 

uk«Ml  l»v  the  New 
••xpiMlitimis  with 
j.-it  ("ul»;m  ;iL:»>nt.s 
•J  ill*'  <>)M'r.n Kills 
to  llu'  uctivit.v  of 

tlif  jnotociidi)  (if 
iir  Imiior.  jn;i\  in;,' 
ii'vi-iit  tin*  «!»'|»;ni- 
iIm'  iiiMn;;i!its  in 

nil  will  ^niiit  (liio 
I  ivrt'iv*'  w  s|M'(i,iI 
HIT. 

.  :>i:  HAK'N. 


COUXTEU   CASE    OF  THE    INITED    STATES. 


807 


i  ALII  MOKE, 

r,  'hf!i/  10.  ISO;). 
iiioatioii  <»»■  tiM'Stli 
rtMits  <t|M!;itiiii;"  in 
juv.v^iii;;  the  ho\H' 
arlun*  of  warlike 

>nii:Uii>n  lias  brrli 
vt'  is.NiU'tl  iiistnic- 

y  or;;aiii/.til  a  (!'■ 
iintiMiipIatt'  an  »'X- 
K*  altlc  to  liiitl  out 
(»f  niv  jsiiici'ii'  U( 
s,  a:;tl  lo  lliis  viu\ 
II  your  po.s.st'.ssioii 
i   to  ill  \nnr  colli- 


UOW.MAX, 
}  pufy  i'ollfitor. 


jOO]      '.1/r.  IIiKtr.  Altoniry-fJourdl.  to  Mr.  liurUnr^  Vivtal  Shifts  vnosital 

NVasiii\(;t<)>-,  Jithj  IJ.  isr.!). 

.Sii::  Your  iwo  1,'Hfi.s  on  tiic  iUii  instant  wciv  irct-iviMl  on  the  lotli. 
In  iTspi'tt  to  tiu'  jn'isoiis  .said  to  liir  a.sst'niiiKMl  at  (laitlncr's  l>lainl,  if 
.(Ml  have  iiM.soii  to  ix'Iirvi'  tint  tin  y  are  a  hostile  exptMlition  or;;aniz(Ml 
ior  military  siMviee  in  Cnlia.  invaitiiii;  nis-ans  of  transportation  to  that 
islainl,  the  I'rr>i«lent  dr>in's  tliat  von  will  taico  ctlicit'iit  means  to  lireak 
np  the  e\pt'«lirion.  If  ("oloiiel  l{\an,  who  is  said  to  be  their  comiiiander, 
is  indieted  or  ronipiained  oi  for  iesi>,ance  to  I'liited  States  onictrs  in 
dischar^re  oi  ilieir  da:\.  or  l\n  as>a!ihs  upon  iliem.  and  .Nou  ha\«'  u  war- 
rant for  his  aru'st.  you  will  use  every  means  to  arrest  and  secure  him, 
and  to  arrest  «'v»m\  peismi  a.i:;iiii>t  wlioiii  >ini  have  warrants  for  similar 
aets  ol  vi<»Ien««'.  Tt'iiiaps  a  levenue-eutlcr  should  be  sent  to  (Gardner's 
l>iaiid  lor  the  purpose  ol'  servie*-  of  warrants.  Irs  jiieseiiee  niij^ht  be- 
xuilieieiit.  with  ti»e  pre.seiiee  of  the  I'nited  Stales  ollicer.s,  to  break  np 
rile  expedition  w itliont  the  nr.'essity  of  s.-i/ini;"  tin'  jx'rsoiis  belonjiiuij: 
M>  it. 

There  would  not  Neem  to  lue  to  In-  any  u'asou  lor  the  arrest  of  sueli 
I'trsoiis.  if  their  lio>tiie  piirpoM-s  wore  iound  to  be  defeated  and  they 
were  willing:  or  desirous  to  ex-api-  or  disperse. 

1  have  e»uilerie«l  with  the  Secretary  ol'  the  Treasury  in  re;;ard  to  the 

employment  of  the  leveniu' t-ntters  and  the  steam  tuus  in  tiie  (lovern- 

ment  .servit-e  at  N«'W  York,  and  whenever  it  shall  be  neci'ssary  for  the 

dis«-hai";:e  of  your  duties  to  put  any  of  them  at  your  disposal,  he 

[t»7!      assures  me  that  on  application  *by  letter  or  tele^vram  to  that  efieet, 


the  liece 


arv  ordei-  will  ite  issued.     1  niist  that  nofiirtiier  illejral 


expedition  will  nMpiire  yoiii'  inter\e!ition,  which  has  iicietofore   been  so 
taithful  and  enieieiit. 


Very  resiKHtfully.  &<• 


Fk.vm'i.s  ('.  r.AKi.oW,  i:.s,j.. 

.V'  "■   Yinl:  Citff. 


K.  11.  IIOAIJ 


AftnrnniHiiicraL 


Mr.  IIiHir.  AHvrn>i/-fitni  i.il.  to  Mr.  Plernponi^  district  tttlorKvif. 

Wash  I. \(;  TON.  'Juhf  \'2,  ISOO. 
Siii:  Your  two  letters  of  the  Dth  were  rect'ived  on  the  lOtli,  and  in 
'•('ply  1  direeteil  you  by  teh'^iaph  of  that  <late  to  allow  tlie  i)ersoiis  re- 
icrreil  to  in  y«»ur  h-tter.  who  are  imprisoned  in  default  of  bail,  to  be  dis- 
<tiarj;ed  upon  tln'irown  recou!ii/aiicc.  I  believe  that  iiotliin^- else  iu 
your  eommiiiiieation  n-(|uires  a  reply,  except  to  say  that  it  is  still  the 
•Ifsire  «)f  tlie  I'resident  that  you  should  use  every  etiort  to  arrest  and 
imiMsli  those  who  lesistetl  tlie  marsiial's  (tllicers.  and  Xo  ascertain,  it 
t'ossihle,  who  were  the  writers  of  the  threateiiin.u;  letters  to  members  of 
tiie  ;:rainl  jurv.  and  see  that  lustie**  is  meted  out  to  them  therefor. 
Verv  resiioetlullv. 

i:.  K.  IIOAK. 
Attioni'ij(jfHt'ral. 

Hon.  Edwauds  Piekkkpo.nt,  ' 

Unite/I  States  Attorney,  Xeir  York  City. 


808 


TKr.ATV    OK    \VA8niN(iT<»X PAI'KHS    AC  CUMrVN  VIN<; 


lii 


'("7" 

It 
tr, 


[98J      *Mt.  Fisfi,  Srvrrtarif  of  Stiifr,  to  Mr.   I'iftrqunif,  disttht  aftntioii. 
ami  to  Mr.  lUirU>ir^  ruitnl  Stxtts  imirshoL 

Dni'MMMKNT   OF    STMT,. 

W'osltimiUiu,  'full/  15,  |S(;'.». 

SiKs:   I  iiulo.M'  ,1  vi)\t\  o|  a  imtr  ot   this  dntr,  :i<l<lri'ss«'<l  to  iiic  Wy  Mr. 
Itolu'its.  tin'  Spanish   ininistcr.     Also  a  fomtiiission  tioiii  tlu'  lM»'>i«I(ii! 
ottlu'  I'liitnl  Stairs,  fin|io\vfriii;:  yctii.  «»r  litlMT  ol  von.  toriiijilox  siicl 
jtait  ol  tin- laiul  or  iia\al  Ituct's  of  tli«'  I'liitid  States.   «if  ol  the  iiiiliii., 
tlu-ieof,  lor  the  puritosts  iiHlicaliMl   in   the  t'i«;hth  src-tion  of  thr  act  nt 
.Vpiil  !'(•.  ISIS,  (<otiiiiionl,v  known   as  the  ••  ntutrality  act.*')     Youwil' 
conliT  to;;cthcr  whenever  juacticahh'   in   tiie  cxecntion  of  the  pou<  iv 
intrusted  to  yon,  ami  will  act  in  concert   so  far  as  possible.     I>iit  tlii« 
<lirection  is  n<it  to  limit  the  jM>\\er  «»f  either  to  act  imh'p«'mh'ntly  of  tin 
other  or  withont  »  oiisjiltation  w  ith  the  otln  r,  if  the  necessity  or  the  <  ii 
(umstanecs  of  tlie  (H-ea>ion   seem  to  him  to  rcipiire  'in<h>p<>nth>nt  aetiu!! 
an«l  «U'cisi<»n.     Onh-rs  have  liei'ii  directed   to  the  eommainhint  of  tin 
navy  yard  at  Iirooklyn  to  pla<-e  at  Nonr  disposal  snc'i  of  the  naval  for<t  - 
of  the  I'liitcd  States  as  you  may  leqnire.  lor  the  jmrpose  of  pre\«'iitiiii 
the  earrxin*:  on  of  the  military  expedition  referri'd  to  in  tin'  noti'  ot  M- 
Itoltcrts.  or  any  (tther  «'\pcdition  or  i'literprise  fiom  the  ti-iiito- 
[lK>j       lies  or  inrisd:<tion  of  the   I'nited  Staits  against  the  tei*riti»iitv 
«»r  doiiMiiions  (»f  any  foreign  jiower  or  stale,  or  of  any  colony.  <li< 
triet,  or  people  with   \vho?n   the   I'nited   States  are  at  peace,  aucl  nunc 
especiall\  a;j:ain^t  the  territories  or  domiidons  of  Spain  «»r  auiiiusf  fli< 
islami  of  ('nl»a. 

The  I'ltsident  doires  and  direet.s  that  yon  eaptnic  all  p«*rsons  enuajioi 
in  any  and  «v«ry  smli  nnlawfid  t'nterprise  as  aliovi'  nfejicdto:  tliai 
the  leaders  and  prineipal  instij;at«>is  he  held  to  he  dealt  with  acconliii;. 
to  law. 

IJelievin^r  that  many  Jhonuhtless  ami  inconsiderate  persons  may  ha\t 
heen  mi>unided.  di-ceived.  and  hd  into  improper  and  niilawmi  eiii^iiuf 
iiu  iits.  under  a  sNiepaihy  for  a  peojih'  .>ti  n;:,i:lin,^  for  emancipadtm  IVoi', 
oppressive  ride,  ami  for  self  ;rov«'rnnM'nt,  and  nM)re  liberal  institution^, 
without  i\\U'  eoiisidi'iation   of  the   unlawfulness  of  thei;    coiidiicf.  ant! 
ruder  the  temptation  of  prouiises  helil  out  to  t'u'm.  he  ant hori/es  an<! 
<lireets  the  district  attorney  of  the  southern  distiiet  of  New   V<uk  tt» 
lelease  ami  di>char;:e  siieh  of  the  privates  or  pers<)ns  in  inferior  posilim: 
iii  eomtnand  in  aiiy  sn«-h  expedition  oi'  enteiprise  as  he  shall  thin  c  nniN 
be  di.»eliar;:ed.  with  eue  reference  had  to  the  reipiirenu-nls  of  law  ami 
i«>  the  Intnie  enforcement  of  the  laws  ami  the  mainteiiam'c  ol  tlie  pe:in 
ajid  j:«><id  or«ler  «if  the  country,  on  such  r«'coj;ni/ance  or  security .  or  or 
such  teiies  ami  conditiiuis  in  each  ease,  as  to  him  shall  se«tn  e\iM(li«ii;. 
Jlut  he  directs  that  no  person  enjra^ed  in  any  such  expedition  oi  entii 
prise,  who  has  been  alrea«ly  taken  in  any  recent  similar  unlaw tii 
[UK)]    expedition  or  enterprise,  or  who  has  been  indicted  *  lor  any  viu 
lalion  of  tl  •    '.entralit.v  laws  oi  otln-r  laws  of  the  I  nited  Stabs, 
or  who  has;r''.en  bail  to  keep  the  peace,  vVe..  shall  be  dischar^^eil  umh : 
this  di-^cr'  lionaiy  power  jriveu    o  the  district  attonu'V. 

The  tlistiict  attorney  is  direded  to  nniUe  early  investi<;ation  in  ordt : 
to  the  execution  of  this  discretionary  power,  an«l  for  the  purpose  «»t 
brinjiin-ito  puinslnnent  those  who  are  lea<lers  and  principals  in  any  sucl- 
nnlawfid  expedition  or  enterjiri.se,  or  who  shall  be  the  secoml  time 
arreste«l  or  have  violated  their  engagement  to  nuuntain  the  peace. 

If  any  expen.se  is  necessary  to  be  incurred  for  supplying  necessarf 
8U8tenunee  to  the  persons  w ho  may  be  taken,  you  are  anthiui/.ed  to  incur 


I'ANVINti 

ihstrlrt   nttuntrii, 
f/. 

*v  St  ATI:. 

.  ./*////  I.;.  iM'.'.t. 

sr«l  to  iiH'  liy  Mr. 
>iii  the  l'rc.>i«I(ii; 
II,  tn  niiploy  siirl' 
or  ot'  tlx'  iiiiliti,; 
tioii  of  tin-  act  «»i 
act.")  You  will 
on  of  the  powciN 
issiltic.     I'liit  tliio 

'IMMnlclltly  of  tlir 

ccssit \  or  tlic  cii 
ilcpciMlcnt  actio!) 
iiiniaiMlaiit  of  tli* 
f  the  naval  forces 
Ksc  of  prt'xciitiiiu 
II  tlic  iM»tc  ot  .Mr 
from  the  tcrritn- 
■it  the  t«i*iitnii.v 
t'  aiiv  colony.  <li>:- 
t  peace,  anil  more 
lin  oi-  against  tin- 

I  persons  enua','e<l 
leferr*'*!  t«> :  thai 
It  with  acconhii.:: 

HTsoiiv  may  ha\« 
niilaw  in!  ciiu:a;;f 
niancipalitm  lVt>i!i 
M-ial  institutions. 
vh  j-ontliMt.  ami 
c  anthori/es  am! 
ot'  N(*w"  York  t<» 
I  inferior  ])osition 

shall  thin  V  ma\ 
nieiits  of  law  ami 
ince  of  the  peace 
or  sccmity.  or  or 
1  seem  cxptMlieiit. 
pcdition  oi  eiiter- 

.-imilar  uiilawtir 
tctl  *  for  any  vio 
he  Inited  States, 
discharjred  umlc! 

stijiation  in  oitle: 
r  tin*  i>nrpose  ot 
■ijKils  ill  any  sucl' 
the  seeoml  tim«- 
n  the  j)eaeo. 
iplvin^  necessary 
itliori/.ed  toinciu 


rofNTKK    cam:    (»!'    Till;    IMTKK    STATI'.S. 


soa 


thr  «*.\p<'ns«*  ami  t<Mlriiw  therefor  upon  tiiis  Dcpaitmeiit,  eertifyiiifj  to 
tlie  aeeiiiaey  ami  |Mopriety  of  the  eliar;.'rs.  Any  other  proper  evpemli- 
turo  m*e«'ssary  for  the  pnniipt  amlellitMeiit  exec  utioiiot  the  duty  iiitriisie<l 
to  yon  w ill  al.sci  lie  allowed. 

If  yon  liml  that  the  naval  forces  thus  placed  ar  your  disjiosal  lie  mit 
siinieieiit,  or  that  any  part  of  the  land  forces  of  tiie  I'liited  Stat<'s  lie 
n(»<'es.«4;ny  lor  the  proper  exeention  <if  the  hiw.  \ou  will  inime«liatt'Iy 
advi.sc  me. 

The  President  relies  upon  your  discretion,  as  well  as  your  onerfjy,  in 
dis«liar;,'e  of  the  very  import, tnt   and  e\ceedin;;ly  delieate  diitie.s  thus 

e«inlide<l  to  yon. 
[101]  For  the  present  \ on  will  consider  the  powi-rs  thus  *-iven  to 
y<in  to  he  conliiied  to  th«'  prevention  of  any  expedition  <»r  enter- 
jiri.se  ori;;inatiii^  or  havinir  its  present  .scene  or  sphere  of  action  within 
tin' Stat«' of  New  York,  or  that  partot  New.ler<ey  near  thereto,  or  within 
the  States  of  Conneetii'iit,  IJhode  Island,  ami  Massachnsetts.  lint  you 
are  authori/ed  to  pnrsm'-and  take  any  person  or  persons  ep;;a;red  in  any 
such  expedition  iir  enter|»ri.si'  into  and  from  any  place  within  the  L'nited 
States  or  on  the  lii^di  seas. 

Thi.s  pow«-r  will  lie  limited  in  time  liy  the  necessity  of  tlie  case,  and 
hy  the  eoiitinnanee  of  any  unlawful  attempt  a<;ainst  the  authority  of  the 
laws  of  the  country,  or  in  violation  of  the  m'Utial  ri;;hts  and  olilij^atiinis 
of  tli«»  I'liited  Stati's.     The  power  i'onleired  upon   \(iu  is,  tlM-reloie.  re 
vokalde  at  the  p'easure  of  the  lMe.«<i«lent  of  the  Inited  States. 

Y'on  will  n*port  fully  from  time  to  time  to  this  J>e|iartimi!l  your 
action  under  the  jtower  thus  committed  to  ycni. 

Theilistriet  att<»ruey  will  also  rep<ut  to  the  Attorney  (ieiieral  all<*ases 
of  pi'rsous  held  for  trial  or  otherw  i.s«> ;  also  lii.s  action  in  the  di.scliar;re 
of  tlio>e  jirivates  or  persons  in  inferior  position  and  command  whom  he 
may  di.scharj.'eor  relea.se  under  the  discretionary  jiower  extended  to  him. 

Itv  order  «»t  the  President. 

ft 

I  am,  sir,  &«•.. 

HAMILTON  risii. 

KllWAKtIS    iMKIIlJKPnXT,  K.Sij., 

hisfrirt  Attnrnci;,  and 


[102]  •  Mi.  I'urripunt.  ilixtr'ut  attvnuy,  U>  Mr.  Fifh,  Seen  fury  of  Stute. 

[Teli-;rr:iiii.] 

Ni:w  YoiiK,  'hily  l.\  16G9. 

Hon.  11amilt(»n  Fish  : 

The  commission  of  the  l'resi<leut  and  your  orders  have  been  received- 
Will  be  promptly  executecl.  Freseiit  ditticulty,  as  marshal  advised,  is 
in  tindin<!  the  .ship.     Kvery  means  will  be  taken. 

Y'oiin*,  resiK'Ctfullv. 

KI)V\  AIIDS  PIERTIEPONT, 

United  tstaten  Attorney. 


SIO  TlfKAlV    «)F    NSASMINCiTOiN PAl'KKs    A(;<  iMl'AN  V  INd 

Mr.  Btnloir,  ['uld^tj  ;v/*j/<\  marshal,  io  Mr.  Fish,  i^rcrrtftrtf  of  State. 

[  r<>lf;4riuii.] 

>i:\v  Vor.K.   hih,  ];»,  ISO!). 

Sec'ketak'v  <»r  Statf.  : 

Autlioii/alioii  rccfivcd.  Soin«' two  Imiidictl  jutsohs  au'on  (l.tKliicr's 
l>l;ui<!.  'J'lu'V  icriisc  to  lc;i\r  on  tli«>  r('»|iirst  o(  my  olliccrs  iiiul  the  ciil- 
l»-r.  'Jlit'v  liiiNc  loltlu'd  tlu'  Iij:lit  liowsr  k«'c|HT.  I  iriiist  scml  down  i 
•-iiJlii'i«'iit  lore.'  to  ohli,:;*'  tliciii  to  iciivo.  I  sliiil!  ;i('t  vciy  (liM-rrcllv.  11' 
1  <;innor  ;:«*(  (Mioimlj  nuniiu's  uimv  I  ;is"k  (or  .i  low  tioojis  ] 

i"i:an("Is  r.  uaim.ow. 

i'nitrii  tStatts  Murshitl. 


wftfl 


Mr.  Iliiilitu-,  i'nitcf  Stntts  innrsl;  .'/,  /<>  Mr.  FLs'ii,  i<ii-ri  Inn/  n/  >'/<//.<■. 

[Trli'j;rai!i.  I 

Nkw  YoK'K,  •/»/»/  ITi,   I,S(;«». 

10  Jj     'Si;r.;i.-i'AUV    OT     STATK  : 

!lav«*  sent  Jiioro  marines  |<>  <  lardnoi's  Island.  Troops  not 
ni-t'ti«'d  at  jirosrnt.  Tlioii'  will  In-  no  trouldc  in  ;;('t  tiny-  the  incii  on  (iinl- 
Drr's  Island  to  dispi'isr,  1  lliink.  I  slu'Jl  act  discroi'tly  and  make  ,10 
i'oininotion. 

The  cutters  antl  tnji's  lia\e  do!n' all  I  nskcd:  Imt  1  wish  to  know  t)i;ii 
I  I'iiM  depend  on  them. 

ilriniiell  has  ;.;i\en  mee\t'i\  assistan«-e  possible.  Inu  isa\va.\  touav. 

Wecaa  find  no  trace  of  the  \\'illiam  For.ster.     Terhaps  she  is  tocDiiie 
from  soirie  ntlier  port  to  take  up  in    i. 

All  is  ipiiet.  apparentlv  :   hut  we  are  luokin^"  ont. 

i'UANCIS  C.  KAKI.OW 


m 


Mr.  Fish.  ^  I  rcttirff  0/  Statr,  tit   Mr.   I'l^rri pinit.  aistrin   fvtnnn ;i. 'in'l  lo 

Mr.  linrlnii\  I  in  fill  Stotts  umrshal, 

1>KPAUTMKXT   ('l-    SPATri, 

UVj.v/<*;<//^»«, '/«/// l-'i.  isiii). 

Sirs:  The  President  intends  that  there  be  n-'  wan!  ot  power  pi. ued 
at  voiir  disposid  for  tin-  arrest  of  laiv  <'\peditM>a  or  en'.'ritrisc  in  vie- 
laliun  of  iIm'  iieulralily  laws,  or  t)f  the  inlerrmtional  obli;:,dions  ul  tlii> 
iioverniueid.  II  you  cannot  ;jret  a  sui  icient  naval  force,  inelndinir  nia 
rines,  (U  if  yoa  tliink  tlett  any  ]».irt  of  the  land  foices  of  the  I'nited 
States,  in  addition  to  the  nas-.il  forces  jdaeed  ;d  sour  disposal  l»y  an 
thority  of  the  President  and  uiuler  in.srruirtious  5'»oin  this   Di'partmeiit 

under  date  of  l.Sth  instant,  are    iiecessaiy   or   e\en   desirable   ai 
HMj    your  •ind;;inent)  for  the  successful  aeeomplishinent  of  tlie  duty 

coruniitted  to  you,  you,  and   caefi  of  you,  are  aiUhoii/ed  to  e. ill 
upon  (.M'neral    MiiDowcll,  in   commantl  of   th«-   military   force  in   N<'\v 


•ANY  INC. 
rtfUf/  of  State. 

,  Jul  J,  i:>,  \^i\\), 

.uv  on  (l.ndiii'i's 
rvis  uml  llic  <iit- 
itist  si'Im!  down  ;| 
rv  «li.scn'i'tlv.     If 

;,\i;H)\v, 


co!:nti:i?.  task  of   vwv.  imiki)  >«:rMr,s, 


811 


» ttinj  i)J'  '^Inh: 


,  .hihi  1.".  IS(l'). 


iihI.  Troops  not 
t  lie  mci!  on  (!;inl- 
ll,V  lUiil   :)i;ik('  111) 

lisli  to  know  Unit 

is  ;i\v;\\   to  (I;i>. 
iips  slir  is  IdcuiDC 


('.  IIAK'I.OW 


Vork.  for  wliittoxi-r  I'orct^  yi.n  nniy  fiiink   cssaiy.     Oi'iirs  hiivc  been 

diroctcd  to  <m-!!;m';i1  !M('I),)\V(')1  in  iiccoi'djnrc  witli  i!iis  ;i,l'  lev. 
I>y  (trdns  ol'  the  I'lrsiUcnt. 
1  ;ini,  sir. 

n.'vMii/rox  nsii. 

EnWAIM).-:    P!KI:K1'.1M.M,  i'.s.i.,   Disuh-f    'i/toninf. 

1"j;an(is  ('.  I;a!;;,(»\v,  V.^i./Marsfnil,  y«:tc  york. 


Mr.  r/.v//,  Sicrrhif'j  ,,/■  .s/,h'r,  in  M,-.  Urhrrtn^  Spanish  )niitis((r. 

i);:i'AiM:\ii:M'  ov  Si-atf,, 

\\'t(shiii(fini,Jitl_i(  1').  1S(»;). 

SiK:  KN'lV'irin;;  to  your  intcrvii'W  witii  Mr.  J)nvis  yesterday,  wherein 
you  re<iuesled  tliat  steps  ini,i;lit  he  taken  to  jirevent  tlx'  steamer  WW- 
liain  l'"osU'r  iVoni  ;^oin,i;'  to  the  aid  of  p  'isons  <.•(  liardnt'r".  Isiand  who 
are  supi»osed  to  l)e  eoneerned  in  a  niilitaiy  expedition  inten<.ed  to 
o|(erate  a;'iinst  Spain  in  ('nl)a,ainl  in  wiiich  you  said  that  the  W'illiain 
Foster  was  in  New  York,  but  precisely  w  liere  ynu  eonhl  not  slwle.  but 
that  the  bo(d<s  of  the  eusfoni  house  wouhl  sh«'W.  I  have  now  to  intbrni 
;ou  that  a  tele-^iani  was  at  one  '  sent  to  tlie  <lisiri(-t  attorney  and  To  tho 
iiiarshal  at  New  York  instructing  them  to  inipure  at  the  eustoni  house 
Ibr  inlbrnsaf  ion.  and  to  eoni|)ly  w  ith  y<)ur  reijuest  in  that  respect,  ami 
i!iateaeh<d'  them  \\;\s  rrj»!ied  by  teh\i;n)i>ii  that  Tlio  vessel  cannot  l)e 
ibund. 

As  tiiey  iia\e  lull  aiilhorit;  in  tiie  premises,  and  the  puwt-r.  ii'  neces- 
sary, t(»  call  out  tiooji-;  and  to  unc  t In*  na\  al  Ibrccs  ol  t he  repuldic.  I 
nil!  thatdc  you  to  <  onnnunicate  any  inlorni.iiion  vou  ha\eon  f!ii.>  sid)- 
(fct  diiectly  t(t  tl'.ein,  to  tiie  eml  that  dciay  tnay  l)c  avoided,  and  tliat 
the  h^vs  n»ay  lie  entorced. 

I  am.  sir.  with  ■. er\  hiiih  consideration.  \our  olicdiinr  servant, 


HAMILTON   FISH. 


SoiM)r  l)i>n  M.  Loim:z  IJoitEUTS,  dc,  dr.,  d\ 


^r 


i('f(iy)n  II.  'i>i'l  '" 


1-    STATi-.. 

«,,/»/«/  b'.,  isot). 
t  t»t  power  pliU'cil 
en'crjU'ise  ill  vie- 
bbj,Mtions  of  this 
ee.  iaciudinLr  m^i- 
•I's  of  till'  railed 
r  disposal  hy  an 
this  D.'p.irlnteiit 
I'veii  desirable  ;Ui 
iiient  of  tin'  didv 
»uIhon/ed  to  <'M 
iry   feree  in    N»'^v 


lOoJ    *Mr.  Fish.  Srfyfir-j>  <*/  Sliiti',  fit  .]!i.  l[i>i'.r.  Aftornrn-Oenerat. 

J)Kl'AltT-MI-.NT   OF   StATK, 

Wash  ill  I  ft  oil.,  'lulii  10,  18G0. 

Si({:   Iiu  losed  I  send  you  a  eoj>vol"a  telci^ram  just  retM'ived  from  tlio 
luaishal  ol  New  York,  and  v.  ill  thiiuk  >oii  either  to  instruct  him  on  tiu' 
"'iibject.  or  to  advise  iiie  wliai  answer  1  shall  ^ive. 
i  lia\  (>  t  lie  lii>nt»r  to  l»e,  v\ c, 


il.VMII.'lON    I'iSH. 


lion.  i:.  !{.  HoAK 


Attonivij  (ii'iwrai. 


Mr.  lliwr.  Altoi  nr'i  fli  iirrn!,  (<i  Mr.  Fish,  .Srrrrttirii  oj'  Sr,(t,\ 

ATTOKXF.V  (ii:NKKAI.*S  Offick, 


\V(i.shi)iiitni\.,ti('ii  lb,  ]M\\). 
-tntt'd  in   tile  tJ'le;;ram  o\'  l'*raneis  ('.  Ibirlow, 
i'uit«'il  Stales  marshal  btr  New  York,  of  which  y«»u  imdose  me  a  copy 


Si»j 


think   tlie  case 


812 


TK'KATV    or    \VA.SHlN(i  ION i'AI'KKS    A(  CJOMPAN VI.Nti 


\h 


I. 


•;ii 


M 


I  - 


ill  your  lotttM'  of  to d.i.v,  just  nMciwMl.  is  oiu»  clrarly  witliiu  tho  rauj.jo  of 
tluMnstinctious  liivt'u  to  iiiiu  nntl  tlKMlisti'irt  atlofiiey  ;  ;ui(l  my  own 
judjiiiuMit  wouM  \n'  that  it  would  bi*  wise  to  ust>  niiiitary  t'ur<'(»  to  sci/i 
the  uuhiwful  military  I'xprditiou  to  which  hv  rrlcis,  n'taiuin;^'  (ho  )»ar 
ties  no  k)U.i;(M',  however,  tliau  may  he  necessary  to  ett'eetually  Vu'eak 
it  up. 

\'erv  li'speetlulh. 

K.    U.    !I()AK', 

.1  (t(ini<  1/  (t'l  Hi'i\il. 
llou.   Ma  MI  I. TON    I'ISI!. 

tiecfetonj  of  i^tatc. 


Mr.  Fish.  Strrcttiruo/  Sfu}(,  (>>  Mr.  P>(irU>i(\,  Ciiilnl  Sluits  itiarshuL 

WV.V  WVXMV.SV    OF    SrATK. 

[IOC]  *  Woshiiifilon,  .Inbj  30,  ISC!*. 

Sik:  I  1  a\'e  rcccivj'd  vour  letter ol"  th<^ 'J<l(h  instant. in  rclatioi 
to  tlie  means  of  (lctc<-tin^  aihl  picvcntinu  hostih'  expeditious  au'iin^. 
iVieiulIy  power<i. 

In  reply  I  have  to  -^tate  that  you  are  authorized  and  direet«'d  for  tin 
present  to  contiiiui'  the  emplovmcu!  of  the  d<'tei'ti\('S  to  which  yoii' 
letter  ret'ers, 

I  am.  sir.  \our  obedient  «ie!\ani. 

IIAMII.TOX   KISIl. 

FKAMMs    <  '.    r.Ain.oW,   INq. 


■  \ 


Mr.  I'lfl'l.  Aif'nu]  Att'irui }!  (Si  u<  ral.  to  Mr.  TcJhnf,  dlstriif  (iltonuji. 


•a 


W  AXlUM.Hiy,  Ain/Ks/  H'l,   lS()'.t. 
J>IU:   liifiu'niatiou  has   l»een  received  ;H    this  (Ulice  that  \  iolalioiis  ot 
the  neutrality   laws   of  the  Thited  States  are  cctutciiiplated  by  persons 
setliuLiou  lb<»t  within  the  territory  ot   the  I'niled  S|;ites   hostile  e\p«'ili 
tions  against  Spain  in  ai'l  <»t   tin-  iusur;j:euts   iii   Cuba.     It  is  sii^jicsted 
that  prepaialioiis  are  maUin--  for  such  e\pedilioiis  oii  or  near  the  Saint 
Croix    l»i\(r.  and   j».irtieulariy  at    lOastpoit    and    Calais.     You  are    in- 
structed to  use  the  utm<>>t  diii;iene«»  in  iinpdrin;;  wln'ther  any  such  !io~ 
tile  expeditions  are  in  preparation  or  are  conteinpl.  ted  within  your  di-^ 
triet:  and   if  you   tind  any  evidence  sunicient    (o  warrant    it.  you  will 
<-ause  th»'  neces>.iry  e<tmplaiiits,  indu't inents,  libels,  and  iiiforinalion  lo 
be  prepared  in  order  topre\ont  any  violation  of  these  laws,  «ulo  punish 

otleiHlers  against  the  ii. 
[i(t7]        *Tlie  necesNuy  exp  'uses  incurred  in  and  tin'  eompensati<m  lor 
this  service,  so  far  jw<  tliey  are  not   ]U'ovide«l  lor  by  the  fee  hill, 
will   lu"   borne  by  the   Dcpartiueilt  of  State,  to  which    Department   the 
bill  of  services  and   expenses,  with    proper    viuuhcrs,  should  be  ren 
dered.     This  letter  is  <»f  c<Mirse  coulidential. 

Verv  reHpeetfullv,  vour  obedient  servant, 

'  '    '  W.  A.  riKId). 

Acliiuj  AKonuyHeiural. 

CiKO.  K.  TAi.nui . 

Unitvtl  Stiihn  Attornnf,  Portland,  Maine. 


■ANYIN(i 


COUNTER    CASK    OK    THK    rMTKI)    STATES. 


S13 


liii  tlit^  ran<;o  oi 
• ;  and  my  own 
i\V  fuicr  to  st'i'/c 
iiiniti;^'  tli«'   ]iai 
itW'tuallv  Ureal. 


'iirntij  ('<  iirrdl. 


}fr.    I'otr.sfdd^  of  Uif  Sjuntish   hyation,  fo  Mr.  Darin,  Actimj  Scryctary  of 

Shifc. 

LKCAJ'ION    of    Sl'AIN    !N    WasIIINCJTON, 

Aiifjiist  LM,  18(;i). 
SiK  :   I  have  tlic  lioiior  to  iin-losc,  a:;rt'i'a]>!y  to  your  i'('(]iu>st,  u  ijumuo- 
raiulum  relative  to  the  siihjeet  of  tliis  morning's  conversation. 

I  remain,  sir,  witli  lii^h  regard,  \oiir  most  obedient  seivant, 

LI  IS  Die  i'()ri:sTAi). 

Hon.. I.  (\  r>ANCiioi''T  Davis,  ifv. 


'iifs  itKirslitd. 

STATK. 

Jidif  ao,  i.s(;i>. 

•ttant.in  relalioi 
editions  auMin^. 

directed   l<>i'  tin 
s  to  wliicli  \(ni' 


I  .TON   FISH. 


itricl  iiltoriK ji. 

iitlllsl   1<!.   lS(»it. 
i:it  \  itilalioiis  el 
ated  1>\   |MMsoiis 
;    liostde  »'.\|U'dJ 

It  is  sn,u^K''^^<-''' 
r  near  the  Saint 
s.  Von  ari'  in- 
er  any  snch  ho- 
within  >'»nr  dis 
ant  it.  yon  will 
I  iiitorination  t<» 
iws,  or  to  pnidsh 

ompensation  lei 
,•  l,v  thf  fee  bill. 
D('l>artnient  thf 
.  shiMild  l>e  rci! 


FIKLD. 

lonundentriti 


[  I ii<'l<i>i'il  ini'iiiui.'i'iiiiiiii.  I 

lilUJATIoN    vl'    Sl'AIN    IN    W ASIHXUTON. 

Allt/llst'Jl,  18()J>. 

Acc<)rdin.ii"  to  infornmtion  received  lunn  the  coir^nlar  aj;"ent  of  S|)ain 
at  .lackstaiville,  I'Morida.  who  has  likewise  eharue  of  the  ports  of  For- 
namiiini.  Cedar  Keys,  and  Tampa  Hay,  lar,:.ce  qnantitics  of  arms,  anunii- 
iiition,  and  ))o\vder  are  Ixin^"  landed  at  I'ornaiMlina  and  Cedar  Keys, 
iiiark<Ml  "(lah'eston,  Texas."  This  nnnsual  transjiortation  of  war- 
material,  and  the  ext laoi'dinary  manner  in  wiiich  it  is  acconi- 
[lOS]  j)lished,  at*lracted  the  attention  of  the  al>o\-e-mentioned  cinisnlar 
aycnt  of  Spain,  who  expresses  his  conviction  that  the  arms, 
aiamnnition,  •Sic.  are  in  reality  destined  foi'  shijtnn'nt  to  the  coast  of 
(iii>a.  either  diiect  iVcnn  the  port  where  lirst  landed,  or  from  those  to 
wliieli  they  are  snbstMpient  iy  lurwarded,  the  itetterto  escape  the  vi;:;i- 
lain-e  ol'  the  anthoritics. 

From  this  intormaiutn,  as  well  as  from  that  which  is  deiived  from 
other  stMirces,  it  is  I'videiit  that  extensive  prepaiations  are  bein<i'  made, 
if  they  inive  iM>t  already  been  completed,  on  the  I'lorida  coast  and  in 
Texas,  to  send  nn-n  and  war  nniterial  toCnl»a,  for  the  pnrpose  (d"  assist- 
iuiT  the  iiisnr;;<'nts  there. 

In  view  of  thes«'<ircumstances  the  Spanish  minister  asks  that  instruc- 
tions be  sent,  as  speedily  as  jtossible.  to  the  |)rop<'r  authorities  in  I-'lorida 
and  in  Texas,  in  order  that  strict  watch  nniy  In-  kept  tor  the  prevention 
of  said  ille^ial  shipments. 

It  issn^i^ested  t hat  tuders  sindlar  in  spirit  l»e  transinittetl  totheimval 
Imiccs  of  the  I'niled  Siati's  stationed  at  or  crnisinji  in  the  vicinity  of 
ivfV  \\'cst. 


'Ir.  haris.  Affin;!  Srrri-forii  nf  Shilr.  fn  Mr.  Vottstmi.,  if  the  SiKoiisIt  Ict/ntion. 

DKPAlJTMr.NT   OF   STATE, 

Wdshintjton,  Aii(/iist"2\^  18tin. 

SiK:   llcl'errin;:^  to  yonr  note  of  the  LMst  instaid,  1  have  the  honor  to 
lorm  you  that  on  the  17th  instant  the -Vttorncy  (leiu'ral,  havinj;- re- 
ceived the  sanu'  inloiiuation  froi»;  other  sources,  ealli'd  the  atteii- 
l«l)]    tion  of  the  district  atti.rney  au'l  marshal  o\  the  Cidted  States  *iii 
I'M.orida  to  the  subject,  a::d.  tii.it  the  senior  ollicer  in  charge  of  the 


. 


814  TRKATY    OF    WASniN(;TOX I'APEKS    ACCOMPAXYINCS 

North  Atlantu'  s(|u;nli()ii  was,  on  the  iveoipt  of  your  letter,  also  apiuisid 
of  the  iiiloriiiation  it  ((UitaiiuMJ. 

1  am,  sir.  w  itii  lli«'  liinhest  ('oiisi(l»'fati<m.  xour  <>l>e<lieiit  servant, 

J.  ('.  \i.   DAVIS, 

Actinij  Secretary. 
Air.  Dr.  INdisiAi*. 


\i  W 


Mr.  Mill  rill,  I  nihil   Slotis  antinii.ssioiK r,  to  Mr.  Hoar.  AUoriuij  (icik ruL. 

I  r.'lc-;raiii.  J 

3IACON',  CiKOlKilA,  Amjuat  (Jl,  1S(;!» 
Attonieydeneral  lIoAU: 

Kiiihty-tlii'ee  ]»<'rsons  cnlisttMl  Cor  Cuban  army  will  try  to  leaxc  lot 
Florida  to  iii,uht.  Have  telegraphed  to  marshal  at  Savaiinali,  and  «iij< 
trict  attonu'N . 

W.  ('.  MOIillILL, 


p.r 


Mr.  Ficiil.  Aitiiif/  A  Itoriiri/  (ii  IK  rtil,  to  Mr.  MilUtl(}i\distri(i  attonnit. 

1  r.'l.-^raiii.l 

WASinxti'iuN,  S<2t(cml>cr  1,  l.SGli. 
John  Mii.lkdci:,  ICsq., 

United  IStutcs  Attornri/,  Suranndli,  (Ht'oraia: 
If  an.\  ille^Ml  hostile  <-\iie(lilion  atfeuiiits  to  leave  Savannah  foi  Ciiiiii 
or  el.sew  h«'re,  stop  it  and  indict  the  i>arties. 

W.  A.   Fli:iJ), 
Actiiuj  .{ttonnii-iiviK ml. 


m 


m 


Mr.  MllUtlijr.  ilisfrin!  attoriK'i/,  to  Mr.  lloar,  .Mtorni'ijiani ml. 

IT.  I. -I am.] 

Atlanta,  (iKoitciA,  Srptnuhn- 'J.  \f^(VX 
Tt)  Attorney  (leneral  E.  K.  lloAii: 

Lai'^^e  pait  i<sai'eor;iani/.in^'  in  this  State  loiCaba.     Twenty  li\i'  hiac 
heenaiicsted   in   Mitenn.     1   leave  tor  lliaf    jilace  to  ni;.;ht.     (':iii 
[IIOJ    the  niihtary  he  used  *  lo  ussi.st  in  ariestin;*  ?     IMease  ansv\»'r  lo 
Miieon. 

JOil>'  MILLHDGK, 

Dial  rid  Altunui;. 


{ttorncyUciuruL 


Kf/Kst  ;51,  ISC'.t 


'.  MOIiitll.l. 


({<hi(i  atUniHij. 


ttcmha-  1.  isdt). 


COITNTEU    CASE    OI'    THK    UNITKI)    STATE.'^.  815 

Mr.  MIUHf/c,  <1Mt'i<t,  attorncii,  to  Mr.  Hour.  Attormii-dcncrul. 

['ri'U'jrniiii.j 

Macon.  ("ii:or(MA,  iSeptcmhcr  :>,  18G0. 
To  Attounfa -G  i:N]:ii AL : 

CiUi  [  have  iuithority  toc^inploy  troops  if  lu'cosssiry :  also  to  authorize 
collector  at  Savannah  to  cinidoy  li.ylit-chaiight  boat  to  cruise  inhmd"; 
('utter  (li'aws  too  niu(,'li  water.     Ans\v<'r. 

JOHN  :\rirxEr)(;H, 

United  Sftid's  District  Attornci;. 


Mr.  Field,  Actintj  Attitriuij-GeneraJ,  tn  Mr.  Millediie.  di!<frict  (itfornev. 

r'l'clt'^raiii.] 
JOII.N    Mll.LKDCK,  ]:s(j., 

United  Htulea  Attorniii.,  Mia  on,  (Uonjia  : 

Two  teh'jLjranjs  received.  Ivevenue-cutters  will  stop  all  aruietl  vessels, 
or  vessels  wit li  hostile  e\[)e(litions  on  hoard,  on  y(tm'  iHMpiest.  It*  you 
need  a  rt'venue cutter  t(^  crufse,  nuda'  the  re(]uest  on  the  cutter  ami 
at  the  sanu'  titiio  on  thisofliee  by  tele;;raph. 

Tele^^raph  to  <'Utter  at  Apalaehieola  to  stoj)  eNj)e(litioi!  from  Fort 
dailies.  (live  notice  to  such  other  cuttei's  us  you  think  best  to  be  on 
the  watch.     If  vou  wish  more  authoritv  trleyrapii  at  once. 

\v,  A.  Fn:Li), 

Aetiiui  Aftornet/Geiteral. 


i\  annah  fur  ("ulia 


(ftrinher  'J,  l><i'A 


Mr.  Milhdfie.  dislriet  (ilforftrif.  I<>  Mr.  Hour,  Aftorneii-Generdl. 

[Ti'lt'L'niiii.  1 

Maco.N',  (iEui:(iIA,  >>n/c//i/y(7-.'),  IS(;!>. 
To  ATT()!iNKV-(ii:NEUAI. : 
[lllj  •Yours  receive<l.  Unitcil  Stat<'s  marshal  overpt)wered  at  Fort 
daines.  Party  led  this  morning'  across  the  river  into  Alal)aina: 
will  instruct  cutters  at  ev»'ry  point  acressil>k'  l»y  telegraph;  not  bein;.;' 
aide  t«»  procure  troops  is  the  cause  of  tiieir  jicttini;-  away;  will  use  ut- 
most viuihince,  and  ad\  ise  bv  teh'unqdi  of  results  daily. 

.JOHN  MlLLErKJE, 
United  States  JJi.strict  Attornci/. 


.Mr.  MUledije,  idstriel  a(t,.rneii,  t<>  Mr.  Jlnur,  Atloritci/dcncral. 

['IVl.'giiuii.] 

Macon,  (lEoUtilA,  Sejttcmhcr  .'!,  18j1>. 
To  At'.onu'y-deneral  iloAii: 
Uvi;e  p'arty  of  men,  thoroughly  armed,  at  Fort  (Jaiucs,  (leorgia,  eu- 


t  'i 


816 


TKKATY    OF    WAHHINCiTON PATKUS    AL"('(XM1'ANYIN(S 


listed  fur  Cuban  army.  Uniti'd  States  deputy  marshal  tiiuls  it  iinpos 
sible  to  arrest,  as  the  «'itizeiis  ar«»  nut  sutlieieiitiy  stroiij;;  he  teh'j^raplis 
lor  troops  to  assist.  (Iriieral  Terry  replies  tiiat  (li'iit'ral  llalleck  will  not 
give  the  authority.  What  eoiirse  shall  I  pursue?  Tln'y  will  get  oil  on 
special  I'.oat  tomorrow.     Answ(>r. 

.lOIIX  MILLKDCK, 
I'nitvil  States  lUstrlct  AttorHci/. 


Mr.  Ixhhiuitsou,  Artitu)  iSicrctar)/  of  Ikf  Trmsurtj,  to  Mr.  It'uhh. 


(T.iff,'riiiii.] 


1.!' 


<>■< 


I!  #  I 


TllKASURV    DkI'MMMENT, 

WiisltiiKjton,  Si'pteinhrr  '.\,  1S()!>. 

Tiios.  p.  i:(»i?i}, 

t'oUictor  (>t  ('i(st(nns,  tSn ranntth,  (iionjin  : 

Put  steamer  .MeC'ulloch  at  (!ommaml  of  pi-;»p('r  authorities  to  stojt  c.y- 
[•edition  littinj;  out  for  Cuba. 

WM.   A.   infllAKDSOX, 

Aclnuj  Secrfturji. 


il 


o 


Ui, 


\m  '■ 
pj 

m  ■ 


II'  I- 


[112]    *Mr.  Field.,  Arfing  Attorney  (ilnieral,  /•>  .Mr.  RmeHnH,  Srirtiori/  of 

War. 


Attoijnkv  Cii:nkijai/s  ( )iKicr,. 

]Vnxltiii(jt(>n,  tSeptemher  o,  1S«»'.». 
Sn::   1  scud  herewith  copies  of  two  telegrams  from  the  United  States 
attorney  Itu-  (leoigia,  relating  to  alleged  liostile  expeditions  iigainst 
(Juba,  for  your  intbiiuation  and  such  a«;tion  as  _v<)U  may  see  lit  to  take. 

Without  e.\i»ressing  any  opinion  on  the  pi()pri«'ty  of  t'mplo.ving  mili 
tary  force  to  arrest  such  expeditions  inland  without  a  warrant,  I  have 
respectfully  to  suggi'st  that,  if  the  marshal  holds  a  warrant  in  his  haiiti 
issued  by  any  magistral  •  for  the  arrest  of  any  p«'rson  charged  with  an 
otfense  against  the  neutrility  laws,  ami  is  unalde  to  execut*'  it  with  tin' 
aid  of  such  civil  posHC  as  he  can  command,  tin-  aid  of  a  military  fon-e 
in  enabling  him  to  serve  his  process  may  be  desiicd. 
Verv  respectful  I V,  vcuir  obedient  servant, 

w.  A.  rii:Li>, 

Arti/itj  .\ttorney(nmeral. 
lion.  .lnll\  A.  llAW  I.I.NS, 

^rvretary  of  War. 

For  inclosures  see  ante. 


jtU       » 


NYINO, 

timlH  it  iinpos- 

liillt'ck  will  iiol 
•  will  j^t^t  oil  till 

rict  Attormii. 


COlNTKIi    CASK    OV    TIU:    IMTKI)    STATUS. 


817 


Mr.  ItnUh. 


lENT, 


ritii's  to  stop  ex 

MtDSON, 

vtuuj  SecrcUifii. 


!ln-^,  Siri\l(ii;i  <>l 


OFFK  K, 
trmherX  1S«1'.». 
0  Uiiitt'd  Stiitt's 

tlitioiis  :ij,Miii->' 
see  lit  to  t;iki'. 
cmploviir^  mili 
wanaiit,  I  l>;iv'' 
liiut  ill  liislKUitl 
.li;w;,n'(l  with  ;iii 
M'Uti'  it  with  tli«' 

a  luilitary  lono 


tni-nnj(i»mi'rol. 


Vu'twrnl  Toirnscnil,  Ailjitftditdeinral,  fit  fionral   Tcrri/,  comma udiiiy  Th- 

piirtinciit  «;/■  //(('  Snntli. 

Ih:  AixjiAKTr.Ks  <>r  riir,  Ai;mv. 

An.n  TANT-(iHM:KAl/s   ( )l  TKI-:, 
Jli;>J  *  Wtishliiiltou.  Srphnihrr   1,  1S(J<>. 

r.rcvi't  Major Ch'ImmmI  A.  H.  Thkim  , 

Ciniimnuilinij  Ihpditment  of  thr  South,  Athmtn,  GunuiUt: 
riiitt'd  Stales  <listii('t  atlonu-ysat  Atlanta  ami  Mamii  inrt.nii  ilic  At- 
toiiu'VluMit'ial  ol'  lar^c  partirs  liciii;^'  Idiint'd  to  ;:«»  it»  ( 'ul»a.  aii«l  ask 
assistance  of  I'liiti'd  States  troops.  The  latter  savs  a  i>arty  will  j4;et  otl' 
hy  speeial  l>oat  Iroin  Fort  ( laiiies.  (leor^ia.  to  day.  The  Secretary  ot" 
War  directs  that  il  the  marshal  holds  a  warrant  in  his  hands  issued  by 
any  ina;;islrat<'  lor  the  arrest  of  any  persnn  char;i»'d  with  .>n  olVense 
ajiainst  the  neiitralily  laws,  and  is  uiial)le  fo  execute  it  with  the  aid  of 
siich  ci\  il  lorce  as  he  can  connnand,  y<»n  atlonl  him  shcIi  as>istan(;e  as 
may  be  in  your  power,  on  prttpiM-  application.  Acknowled;:e  receipt. 
liv  comnniml  of  (ieneral  Sherman: 

!•:.  1>.  TnWNSKM). 

.l»IJi((<iiit  (ft  iiir)il. 

SkI'THMBKU    I.  ISOtf. 

Kespectfnlly  returned.     Tiie  instructions  within  are  ap]tro\(d. 
JJv  »>rder  »»f  the  Secretary  of  War: 

•INO.  i:.  S.MITir. 
Colonel  ami  Jiirirt  Major-fjimral,  I'.  S.  A. 


.!//•.  h'i<h<n-(h(>)i.  Acdufi  S(r}rf<(r!i  of  the  Ticamny.  to  Mr.  Of-**.'/.  roUector. 

[T.-l,-rani.l 

TuKAsrtn    Dkpaktmi^nt, 
11 IJ  *  \\'((shi)if,toii,  s,p(i'iulHr  4,  1SG'.>. 

•lAMl'.S  r.  CASKV. 

Collator  of  Customs,  Xiic  Orlaius.  Louis'mnu: 

Whenever  called  upon  by  tin-  pr()per  authority,  ymi  are  permitted  to 
l>lace  Wilderness  at  cominantl   to   prevent   lilibusterin«,'  exi)edition  to 

I'uiia. 

WM.  A.  KKTIAI.'.DSOX. 

Actiuj  Sevritury  of  the  Treaaury. 


Mr.  Uh-hanhon,  Aetluii  Seeretury  of  the  Treasury,  to  coUector.  Mohile. 

[Ti'lt'^irain.] 

Trkasirv  Dkpartmknt, 

Washinytou.  ISeptemher  i.  1800. 

''OLLKCTOK   OF   (''1'ST0:MS, 

Mohile,  Alabama  : 
Whenever  called  upon  by  the  i)roper  authority,  you  are  p«rniitted  to 
place  Delaware  at  comuuinil  to  stop  lilibustering  expeditions  toCubi^. 

W  M.  A.  KK  HAKDSON, 
Aetiny  Secretary  of  Treasury. 

52  A 


i  '■ 
-  1 


■i„) 


51  • 


iSl8  TKKATV    OF    WASMINUTON I'AI'KKS    A(  COMI'AN  VlNCi 

Mr.  Fit  hi,  Artimj  AtUn'tU'i/aeiirrnl,  to  Mr.  MlllnUje.  tlislrirt  nttormfi. 

LTfh'gnnii. ) 

\V<i.sliiniitoit,  Sej)U)iifnr  1,  lS(»t». 

.lolIN    MlM.l'lHiK,  1CS(|., 

(ultcil  Sfdfrs  Aftornt'i/,  Murnn,  Grortjiti : 
|11")]        *('nttor  at  Moltilc  is  siihjcct  to  voiir  onlt-r  for  srrvin*  noai'  Mi 
bilr.  ("lOVcniiiuMit  lias  IK)  Ii;;lit  <lra!i;;lit  boat  at  Savaiinali.    Wlivd 
y<»n  nr«'(l  our?     I  camiot  now  ((Mtainly  sav  wIu'IImt  tn»i»ps  ran  1h'  ti.std 
'JVlcjjiapIi  I'liitcd  Statrs  atlonicy  at  MoUilc  to  In-  on  tli«-  watdi. 

\V.  A.  I  I  KM), 
Avtiiiff  Att^tni'H  ill  iiirul. 


Mr.  riihl,  Acting  Attornci/iiftKrtil,  to  Mr.  Milltihn-^  Wtxtrut  uttorndj. 

[Trlt'^ram.] 

AVasiiin«;ton.  Stpftmhtr  1,  isdit. 
.TfHIX  Mil  l.KlXii:,  I'sq,. 

I'liifrii  Stdtr.s  Attornr}/,  }f<icon,  <iror<iiii  : 

U'  tlic  inaislial  needs  troops  to  aid  Iiitn  in  serving:  niniinal  process 
the  department  eoinniander  lias  heen  oiileied  toliunisli  tlieui.  Ifneecs 
Raw,  give  notiee  to  tlie  Tnitefl  States  attcinex  at  Mohih-. 

\V.  A.  FIKM), 
Art  i  III/  A  ilitnui/(i(  nrrtil. 


>  t* 


.*) 


A!r.  Morrill^  I'nittd  States  ioiiniii.ssi(>nrr^  to  Mr.  Hoar.  Attormylirmral 

iT.lrjilillll.] 

AIacon,  (IeoK(;ia.  Stptimhrr  <I.  IS«;!». 
Attoknk V  ( ; i:nek Ai,  TNiTKn  States : 

(^olonel  Milied;4e.  with   Depnty  Marshals  Watson  and  Tdx  with  juissi 
comitatiis.  jelt   tor   I'oil   (laines  this  nioinini:".      Ki'port   that   lihhiisten 

coidd  nov  p't  over  siioals  in  river. 
[llfi]        •Have  lorwanled  vour  t<'lej;rains. 

W.  C.  MOIMMLL, 
Vnitid  Stu.tm  (.'«»«<«</>*/<»>«>•. 


Mr.  Millc'ige,  diMrivt  attorney.^  to  Mr.  Jloar^  Attorney  (it  luro I. 

[TcIfHiiaiii.] 

lyiAc'ox,  (lEOKoiA,  Septemher  <»,  1S(]!1. 
Attorney-Gfiioral  floAK,  WaHliifUfton,  J).  ('. : 

Sir:  I  have  the  honor  and  Katist'action  of  n'portinjr  herewith  tlit 
result  of  our  eft'orts  to  capture  the  expedition  en  routf  for  Cuba. 


».MI'ANY1N(; 

Scpfoiilnr  I.  is<;«». 


for  srrvii't-  i\r,\v  Mo 
S.jViiimali.    Wlivdo 
tr«»i»i»s  <-.in  1h'  ust'd. 

II  tlir  waltli. 
.  A.   1  IKLl), 

y  Attitrniij Hi  mini. 


le.  'flistrirt  aitornnj. 


SrpUtuhir  I,  istl'.t. 


ins:  rriminal  itniics- 
iiiisli  tlirm.     ir  IH'((- 

i\.  A.  ni:M>. 

j(/  Altormy-(itn(itil. 


nor.  .Xfinrnnj  (hui)it 


L.  Srplimhrt  <'..  lSJl',1. 

^11  ami  <'«i\  ^Nitl'  i"""" 
|.  i»!trt  that   lililtnstfi^ 

Ir.  MOIMMI.L, 


.\tlonny(irncntl. 


Iportinjr  lion-witli  tlif 
\ouU-  for  I'uba. 


!/»•.  MiU(<lqi\  nistfirt  iittniiiri/,  to  Mr.   Wct'iHs. 


Macon,  Siptonher  (5.  l>^n!>. 
.Mv  I>i;ai{  Siij  :  Tlaviii;^  jii>t  K'tiininl  t.>iliiscit_\  iVuiii  a  \t  r.v  tati^niii;; 
piiisiiil  allcr  l'iil»aii  tilibastris.  wlmin  I  lia\c  (iclixi-n'd  owi  l(»  tlio 
III  («'•!  Stairs  fuiiiinissiiHUT  at  tlii>  plarc  fur  trial,  1  f't-rl  that.  uiuUt 
(lie  circmnstaiu'cs,  t!n'  ("lovt'iiiiin-iit  1  rrprcsc  iit  will  saiictidii  my  t'liipltty- 
jii;l;  (Mtmiscl  to  assist  iik*  in  tlu-ir  i>rttst'cuti(»ii.  and  wliicli  I  now  ri'spiH-t- 
iiilly  rtMHicst  \(iii  to  ilo. 

After  the  proct'cdinjis  which  may  h«'  hail  in  the  matter.  I  will  approve 
iiiil   .>>eii(l    forwanl  your  hill  for  profi'ssioiial  serviies.  which  1  trust  you 
will  make  as  reasoiiahle  as  po.»il)le. 
Yours,  verv  trulv. 

.INO.  MILLKlKii:, 
i'nited  Stntts  l>isti  kt  Attoriuij  for  Lnvryid. 
Colonel  Wkkms. 


IIS]    *Mr.    FIrhl,    Arfhiy    Athnnr}/ dmeraL    to    Mr.    Ihddirin,  tllstriit 

attoniry. 

WasihN(;t<)N,  Srptcmhvr  l.i,  1S(»!). 
Siij  :  T  have  been  informed  that  larj:*'  (jMantities  of  arms  and  ammn- 
iiition  have  been  recently  shippetl  Irom  Cedar  Keys,  Kloiiila,  to  (lal- 
vcston,  Texas,  Tliese  arms  ami  ammunition  are  supi)osed  to  be  the 
iMopcrty  of  individuals,  and  it  is  con.iectur<<l  that  they  are  intended  to 
lit'  used  in  arminfr  hostile  expeditions  auainst  Cuba,  Von  are  re«pu'ste«l 
to  watch  <'arefully  for  any  indications  of  smh  expeditions,  and  to  aet 
jtiomptly  in  ]>reventin;;:  any  violation  of  tlu'  tieutrality  laws  of  the 
I'liited  States,  sunl  in  pnnisiiinjj:  all  persons  who  violate  them. 

Verv  respectfully, 

\V.  A.  FIKLD, 

Actiiiy  Attorneytit'Hvral. 

1).  .1.  Haldwin, 

United  states  Atlonuy,  Uuh'e«ton,  Texan. 


I 


S20 


TIJKATV    <•!'    W  A>IIIM;T«»N IVM'KKS    ACCOM  TAN  VI  \«  J 


fi 


Mi:    Ihnls.  Artint/  Strnt>nif  n/  Stat*,  tit  Mr.   H'tntirdl,  ,Strri(an/  uf  the 

TrutxHi-y. 

I»KrAi:TMi:.\T  of  Siatk, 

WiUfhimjtnH,  S4itt«  ihImi-  JS,  1S(»J). 
Sii; :  (%Mili<1«Miti:il  iiiforiiKitiiMi  liasroinf  to  tlii^  lK|Mi-tiii«Mit  tli:it  t)icn> 
is  soiiu'  I't-asoii   to  a|>|)ri-lii*iiii   lliait    tli«*  |>ro|iri«-tors  of  tin*  I'liitisli  hri;: 
Kilitli.  now  at    Nrw  Orlt-ans.  arc  alMiut  to  attempt  a  violation  ol 
[IIOJ    •tlh'    iiriitralitv    Is'ws  ot"    the    I'liittil  Stat»*s.  \>y   ru;,M;,'iii';  in  an 
arni('«I   ('\|M-«|jiion  a;:ain>t  tin-  S|iaiii>li  aiitlioiitics  in  CnWa.     Tin- 
int'oiniant    «locs  not  (Ii->ii-r  t«»  liavt-  Ills  naiiif  <Iin4-]os4mI.  a:i«l  tin*  intoima 
tion   1m*  y;ivrs  is  va;riu'  an«l  iiii|MTl"i*<-t.     W  ill  \un  liav»«  tin*  ;:oo(ln»'.s.s  to 
instrnct  tli<-  proper  otiirials  unali-r  \oiir  ilini-tions  by  t<'l(*;:rapli  to  watili 
the  vessel   «-ai('tnll\,  an<l  to  aseeitaiii  il"  :Ii«t«'  1m*  aiiytliin;;  snspjeioiis  in 
her   preparations.  an«l.  if  they  have  reas^ui  to  lK*lieve  that  she  is  alMmt 
to  en;:a<4e  in  an  nnlau  t'lil  iM'eiipatioii.  to  take  the  iiii'essary  steps  to  pie 
vent   her  tVoni  «l«>in;r  ?^o, 

I  have  tlu'  honor  to  Ih*.  &i*.. 

.1.  C.  U.  DAVIS. 

Art i III/  .Simiiii'ii. 
lion.  (Jeo.  S.  IJoiTWKi.i., 

St'crttiiry  of'  tin   Tinixu§'if. 


m 


I..  »:B 


Mr.  llnrloir.  I'niteil  Statm  Miinthol.  ^•  Mr.  Fixh,  Stn-rtari/  of  Slati. 

I'ynr.u  Statks  >'    irsiiAi/s  Omu  k. 

SolTlIKK.N    lM>iKI<1    OK    Ni:\V    VuUK. 

Stir  York,  yitrciiihrr  S.  1S»;'.». 

Sir  :  I  have  tho  h«»nor  to  inform  yoii  that  I  am  «*mi»loyinir.  the  saiiii- 
as   my   predecessor,  (letieral    Harlow,  one    sii|M*rint«*n<lent    ami    t'.vo   ni 
thr«'e  «let«*(*tives.    as  eiri'iini>t:iiiees  r»*<niire. •  t4i  li*arn   ot"  jmy    infringe 
ments  of  the  iientrality  law. 
Verv  respeetfullv, 

s.  i;.  ifAiii.nw. 

I'nittil  Stntis  Mnrshiil. 
lion.  IIamii.t<»\  Fisir. 

Strntury  of'  Stutt. 


[120]  *Mr.  Fish,  Stvrttanj  of  StnU.  to  Mr.  Ihirhur^  Vnitvil  States  nutrshtl 


IlLPAKTMKXT  OF  StATF.. 

WaxhimjtoH.  Xorrmher  12,  ISd'.J. 
Siw  :  Voui  letter  of  the  Sth  instant,  in  which  you  inform  nn*  that  ><• 
an*  eontinnin^r  in  your  employment,  the  sjimc  as  your  predecessor,  mn 
superintendent  and  two  or  thn*cilctcctives,  ascin-umstances  retpiire.  lii 
Im'cu  received.  Your  priM-ecdin^r-**  as  therein  iiarrat«*<I  are  appro\t'il 
You  are  cxpectctl.  however,  to  take  <*;»re  that  no  mon*  expense  he  in 
curred  in  the  employment  of  a-ssi-stance  than  shall  be  re<iuirctl  in  niaiii 
tainin<;  a  ri<;id  enforeement  of  uiir  ueutnility  laws. 
I  am.  sir,  &c., 

HAMILTON  riSlI 
S.  R.  llARLow.  Esr|., 

United  States  .Marshal  for  the  Southern  District  of  Xeic  York. 


MI'ANVING 

//.  Strntfin/  of'  (h 


lATK, 

ftUmhrt    JS,    ISr.t*. 

MltliM'lit  lli:it  tlirn- 
of  tlu'  Uriti^li  I'li;: 
riii|tt  a  violation  ot 
h\  rii;r;iumi;  in  an 
itivs  ill  <'iil»a.  Tin- 
il.  ji:i«l  tlu'  iiilorina 
ivr  tin*  ;;ot»«liu'.>s  to 
t«'lr-i:il>ll  1»»  \\ilttli 
.tliiii;;  siisp.icioiis  in 
re  that  sin-  is  alioiit 
•♦■SSiiiy  stfl»s  \n  \\\v 


r..   IJAVIS. 


<frrttat!l  of    Stiitr. 

■  Nkw   Y«»i;k. 

L  Xinftiihcr  r^.  1  >»•'.». 
iMni»loviiiir.  tin*  sunii 
♦•11.1. -lit    and    t'.vo   Ml 
ini  of  a"v   iiifiin^:*' 


f#W  StnhK   Maishtil. 


niUtl  suites  nitirslfi'. 

Statk. 
Xnnmhr  12,  1>^<5n. 

u  iiifonii  iiH*  thai  vou 
your  iirtMh'cossor,  i>ii'' 
iiiistaiH-t's  irqniiv.  li;t' 
rratiHl  aiv  aiM»>«»^':'' 
I  nion*  cxiK'iist'  hr  ill 
he  re<iuiro<l  i"  i»i''" 


lAMiLTox  risn. 

rict  of  Seic  TorA'. 


c'oisTKU  cam:  (IF  Tin:  imtkii  static.  s-Jl 

.V>-.  Un,h»r.  I'liitnl  Stntts  iinnshtil.  fn  Mr.  Fish,  Strntoi'if  o/  Sfafr.     • 

[Kxtrnct.] 
L'MTKll  SlAIKS  MVUSIIAI/S  (H  IHK, 

SoiTiii-KN  iMsn.'n  T  (IF  Nkw  Vuijk, 

Stir  Y„rk\,  yonmhii'  10,  ISlJO. 

Sii;  :  From  tin-  artivify  which  s«'»'iii>;  to  |.iMv;i(h' Cuhaii  circles,  aiid 

from  iiiforiiiaiioii  ^atliiicU  fioiii  tin-  .liiiita   !•>  iii.v  detectives,  I  iim  m- 

cliiieil  to  tlic  (»|>iiiioii  tliat  measures  ail' on  Wntt  toilet  otl"  an  expedition. 

I    liave  rlijoiiied   extra  vii^ilailce   ll|M)it  all    the  detectives,  ami  shall   us«; 

fveiyeiidi-ayoi-  to  stupany  «\|MM|ition  \vhi<h  may  try  to  sail  troiii 

iLMj     this   |Mnt.     The  'only  >omce  Ironi   uiiich  1   can  ;4;et  intonnatioii 

relative  'o  Ciihaii  inatti'is  is  tiom  the  Spanish   coiisnl.  and   the 

sii|HMiiit«-iideiit  ami  two  detectives  «oniiectcd  witii    IMiiUei tun's  a;;emy, 

wjioiii  I  eoiitllille  toiiiiploy  the  s.ilnc  as  iii\   predecessor. 

I  have  only  one  revenue  cutter  at  my  eommaml — tin-  Seward.  If  any 
emer;;eiie\  arises.  I  >liall  «lo  the  very  he-t  that  can  he  done  with  the 
means  at  my  eommand. 

Very  rcspectfuHv,  ^:e., 

i:.  S.  H.VIM.OW. 

I  tiittil  Stiifi.s  M<iisliiil. 
IIoii.  Hamilton  Fish. 

tSun'fari/  of  tStafe. 


Mr.  ItntthrtU,  Sirntaij/  nf  tJif   Tmsiiri/.  tn   Mr.  Fish.  Scrrcfdrtf  u>'  .s'M/f. 

Tkka.sikv  Dkpaktmknt, 

WasliiiHftnn.  yotumhir  10,  lSr»«). 

SiK:  On  Monday  last    Mr.  Moore,  the  collector  of  .iisionis  at    IMiila- 
delphia.  informed  me  that  the  lam  Atlanta,  a  \essel  constructed  lor  war 
purposes,  was  l.\in:r   in   the   harhor.  ami   had   tlieie  reci'iitly  taken  on 
iMiard  four  Iar;:e  ;;nns.     I'poii  Mr.  Moore's  repre'^entaiion,  I  direct*  <\  him 
ti>  pla«-e  his  oni«-«'rs  on  hoard  the  Atlanta,  and   to  pre\enl   her  j^join;:' to 
Nca  until  her  true  character  and  purposes  tould  he  ascertained.     1  have 
this  iiiorniii;;  i«'cei\ed  iroin  Mr.  Motuc  a  Icltci,  dated  on  the  !lth  instant, 
<"ovi-riii^  a  repoit   made  hy  !•].  i  >.  (niudrich,  surv«'y(U  of  the  port 
Il'-I    of  IMtiladt'lphia.  ^iivini;'  further  information  concerniii;;"  *the  sus- 
pected \«'ssel.  copies  of  \\hieli  lettt-r  and  repmt  I  ha\e  the  Inuior 
herewith  to  transmit  to  .\ou. 

I  am,  vei\  respect  lull  v.  «S:c., 

r.FO.  S.   lUHTWKl.I., 
St'cri  tnrt/ 1>/  tin  Trctstiri/. 
Mr.  Fi.sii. 

Svrrtitni  of  SUitr. 


[Invlosnrt'  No.  1.] 
Mr.  .l/«>«iv.  tiilhrtnr.  to  Mr.  lioKttnll.  Sn  rrtonj  »/  tin   Tmistirif. 

CrSTtiAI  lIoisK.  ("nl.I.K(T(»i;*S  (MFKK. 

Fhilailflltltia,  X^ntmlnr  1».  IS{',\}. 

»SiK :  I  have  the  honor  to  inclose  the  report  of  F.  (>.  (loodrieh,  e.sq., 


n- 


ii 


S2J 


TIJK.VTY    OF    \VAMIIN(JTON lAIKKS    A<  (OMIAN  V  IN«J 


•hiivvc.vor  of  tin*  |Nirt,  in  rr;;:ii«l  to  an  «-\ainiiiiitioii  ui'  i)ii>  laiii  Atlanta, 
si>i/.<'«l  1>\  iiistrii<'ti<>ii>.  on  ilii*  stii  instant,  tiom  your  l)«  pattnirnl. 

Mr.  Oakr>  Sinitli,  \>itii  tiit*  liaWiati  j^rnnal,  waitfil  on  inr  this  morn- 
in};,  an*l  pnMlnctMl  i*\  idcncc  an  Icails  nic  to  iM'lirvc  that  tin*  Atlanta  lian 
bcfii  lt';:itiniai«-l\  |Mii«lias«-4l   lor  ilir   llavtain  ^'ov»  i  nnn-nt.     'I'lusf  ;ri'n 
tii-nn-n  will  \\ait  on  \ou.  in  a  day  or  two,  in  it'^^anl  to  the  vrsscl. 
I  am.  \«iv  rf>|M'tttullv.  \c., 

m:M:v  i>.  mooki:, 

(  olhrtor  of'  (  ustoms. 
Hon.  (iF.n.  S.  I  In  II  w  km., 

StcrtUiry  of  the  Titnstttq. 


\^\tA] 


'[  Iiirlusiin-  No.  *.».  I 
Ml',  (huuliiih.  mtrrri/iii\  to  Mr.  Motirc,  rttlhftor 


ri  sToM  Hot  sK,  l*ini,Ai)i:i.niiA, 

Siinrif4u's  (ttjin,  \oninhrr  '.»,  iSll'.l. 

SiK  :  In  t-oiii|ilian(*i>  uitli  tin-  n><|M*'st  contaiinMl  in  vi>nr  Icttrr  ol  thin 
ilat)'.  I  lia  vr  ran^i-d  an  examination  of  tin*  lam  .\tlanta  to  lie  niadr,  now 
lyin;:at  Ni-alii-  vV:  L«-\\"s  wharf  in  ihary;r  ol  ollims «»!  tlit*  rnstonis. 

Tin-  Atlanta  ha>  r«Ti-ntly  iM't-ii  icpairi'tl,  and  her  marliinn y  put  in 
ord«T.  l)nrin;:lh<-  last  w«-ck  tour  lai;;c  ;;iins  have  liccn  taken  on,  u  liii  U 
art'  placed  in  position,  and  mounted. 

She  has  no  eoal.  stores,  nor  anininnitioii  uu  hoard,  but  eoultl  lie  i:ot 
n-ady  Un  .sea  in  lour  or  live  da\s. 

Tw«»  inspeetors  are  in  eliar;;e  ul"  the  raui. 
Very  resperttullv, 

K.  (>.  <;<)(H)i;i('H, 

tSurciif^o-. 
Hon.  Hknuv  I>.  Mmmkk, 

Cvlhrtor. 


[0 


Mr.  Fish,  S4  4ntiny  of  S{au\,  to  Mr.  liontinU^  Secretary  of  the  Treasunj. 


\ 


Deivmjtmf.nt  of  ^^TA^l•., 

}Vii.shiinitoii,  Xoremltir  IL',  ISd!*. 
Sii::   I  have  eoiderred  with  Mr.  lioherts,  tlu' Spanish  nuni.stn. 
[124j    relative  to  the  ram  Atlanta,  •the  vessel  referretl  to  in  your  eoiii 
I         ,  muni<-ation  of  the  loth  instant,  and  as  he  appears  to  know  no  ni 

i  .son  why  that   ve.ssel  shoidd   he  lon;;er  detained,  yon  an'  reipu'sted   U 

instruct  the  collector  of  customs  at  the  port  of  Phihnlelphia.  where  .she  ••< 
now  lyin^',  to  take  no  further  .steps  toward  pn'veiitinjj;  her  di'partiue. 

Your  olx'diciit  servant, 

HAMILTON  FISH. 

Hon.  TiKO.  S.  Boi  TWKLL, 

tStcrt-tury  of  Treasury. 


kll'ANVINU 

till'  ram  Adaiita, 
l)i  piirtiih'iil. 
I  on  iiif  this  iiKHii 
lit  till'  Atl:iitt:i  lias 

llU'llt.       'IIms«'  '^V\\ 

.(  till*  vrssri. 
Irctor  of  (  nstniiis. 


Ihrtor. 

lI.ADKI.IMn  A, 
yunmUri  H,  1S);'.». 

your  W'ttrr  of  tlii> 
it;i  to  Im-  matlt',  now 
ol  tin*  nistoiiis. 
r  iiiarliiiu'iy   put  in 
L'lMi  taki'ii  oil,  ^Oii<  ii 

il,  but  fould  In   L;«>i 


iooDincii. 

ISitiiryor 


ary  of  thr  Tith.su n/. 

V  f?TATI", 
\orriiih,r  I  if,  1S«>!>. 

M'  Spaiiisli  iniiiistci. 
ii'd  to  in  yoiii  <'iiii 
iMis  to  know  no  rr.i 
oil  ato  n'(|n»'sti'<l   u 
(Ulphia.  wluTf  she  ;- 
intJ  l«t*i"  «U'l»artiu»'. 

\MlLTON   FISH. 


corxxr.K  cask  of  tiii:  imtkh  statks.  H2:\ 

Mr.  F!xh,  St-rntdin  of  Shih ,  to  Mr.  h'nhrson.  SrrMarif  of  the  Xati/. 

DKI'AKTMr.NT  OF  StATK. 

W'tixhinqtoH,  Sorrmlur  II,  ISJJIJ. 
Sii: :  r  liav«'  tin*  lionoi  tn  inrlosv  In  row  jth  a  transrript  of  it  cMiMiiiiini- 
<ation  JVoiii  till-  rnitrtl  St;it«'s  in;ir>lial  tor  tin-  souflnTii  «lisiii(t  of  N«'\v 
York,  of  >t's>('nla\'s  dati-.  an<l  will  thank  \on  to  intonn  nn-  it  a  vcKstl 
siiltjiMt  to  th«'onl«'rsof  thr  Nav.v  Dtp  iitm.nt  ran.  \vith<nit  (h'tiiim-nt  to 
th«'  pulilir  srrvir*'.  Im' tliiiTtitl  to  assist  thf  niarslial  in  prrvtiitin;;  th(> 
•Irpartnn*  from  N«'\\  Voik,  orrliat  viriniiv.  ofany  iinhiwtnl  cxpctliiioiirt 
in  aid  oi  thr  Tnlian  iiisar;.'.'nts,  to  which  thi-  marshal  ntfrs,  as  hi'liuvtMl 
to  In*  in  ronisi*  of  pn'paiatiini. 

1  have  the  honor  to  In*,  \«-., 

HAMILTON    FISH. 
Hon.  (If.o.  M.  Ii'oitKsoN. 

Sniutarif  of  tilt   .\iirjf. 


l.l~t]    *Mr.  ii'ohrsoH,  Sirnttiri/ «»/'  /'«  Xary,  to  Mr.  Fish.  ISecretary  of  Sfad. 

Navv  1>i:i'ai:imf.nt. 

Wiishiiiifton,  yon-ftilirr  \:\.  1S(JU. 

SiK:  I  havt'  th»*  honor  to  acknowh'tly;*'  tin*  nM'ript  nt'  y<»iir  (-onnniini- 
«-ation  ol'  till'  Ilth  in.>tant.  im-Iosin;;  a  traiiscripr  ot'  a  coiniiiKnii-iition 
trotn  tin*  FnitiMl  States  nia'>lia!  lor  thf  southern  disMik-i  of  New  \(>ik. 
C'opifsot'saitI  <'oinniiinicatioii  ]iav4>  Iicimi  transntitt<Ml  to  I'car- Admiral 
Strin^hani.  port  admiral  at  Nrw  Voik.  and  he  has  Ihm-ii  dircrtt-d  to  lon- 
•h-r  th»'  marshal  fVeiy  assistanif  in  his  power  in  pn-vrritiiivc  the  dcpar- 
tnr«-  tVoni  New  York,  or  that  vicinity,  o!  any  unlaw  tul  expitlitions  in  aid 
of  tlu"  < 'nban  insnr;;ent>. 
Verv  lespertlnllv. 

tlKO.  M.  Kor.FSON. 

Secretary  of  tit f  yary. 
Hon.  Hamii.tmn  Fish. 
iSiintary  of  Sdtte. 


Mr.  liithrunn,  SrcreUiry  of  thr  y((ry,  to  Mr.  Fish.  Secretary  of  St(tti(. 

Navv  I)f.i»autmf.xt, 

Washiiiyton,  yoreniher  !"»,  1800. 

Slk  :  I  h.ive  the  liointr  to  aeknowletl;i»*  the  receipt  «>t  your  Ictti'r  o^ 
lie  Fllh  instant,  with  its  iinlosnrcs.  and  to  intormyou  that  tin-  United 

States  st«'amer  Frolic,  .it  Niw  York,  w  ill  he  Iield  in  readiness  to 
im\    a.ssist  the  marshal  in  tliwartin;;  •the  «leparture  of  any  unlawful 

i*.\|KMliliou  in  aid  of  tlu'  t'uhaii  insui;,'ent.^. 

Very  respectfully, your  obedient  .servant 


Hon.  Hamilton  Fish, 

iStcrttury  of  ;State. 


<;i:o.  M.  F.or.K.soN, 

Secretary  of  tin  yavy. 


mm^ 


X2\ 


n.'I.vrV    «)!•     sVASIIlNCiiON I'Ai'KL's    A(  COM  !' \  N  V  I  Ntl 


f 


Jlr    I*ifh(irils(>ii,  Aifiiii/  SriTcfitrif  of  tftr  Trvusitrif.  to   .Ifr,  n.sli,  Srctrftin/ 

TuKAsnn  I>i:pau'Tmhnt. 

.\oniiihir  1(1,  1S<;!>. 
SiK  :  I  ii  i\i'  till'  iKtiun-  to  iiifiMMu  you.  in  reply  (o  your  letter oC  the  l.'.tli 
ilistiillt.  rehilixe  to  the  :is.«vilimi(  lit  of  ;i  leveiiile  vessel  (in  phiee  oC  the 
SrWiuU.  ortleie«l  ;i\va>  iVom  New  Vofk  i  to  the  ordi'f  oi"  the  Cniled  Stiites 
niiiishal.  iha!  ( 'oileetor  (liiniieiMi:i>  l»een  insiineted  lo  j^Iaee  the  stciinier 
r.ioi?\  ;it  foiiiMiuiul  ol  thai  oiiieer,  «\:e.,  and  ill  the  entureeinenl  of  Ihe 
iieiitialitN   la\ss. 

I   an:.  \  er\    respeef  CulK  . 

w.M.  A.  i:h  iiAUh.sox, 

Art iiKj  Sicn (((!'[/  Ill'  llir  Traixurt/. 

Uoii.   il  \M!I.To\   (-'ISII. 

S>  cntan/  at'  Sttitr. 


|rJ7j     '.'I'-.   Il'>'n\   Attoncn  a-u'  ,iii.  /.»  .'(/-•.  /Vv/f.  S,rritiir>/  <i/  Shtte. 

A  IU'lfNDN    <1K.M:1.'  VI  'S  Ol'l-H'K, 

\\  iishnifffini.   \<>rnitht  r  \'k   IStl'.l. 

Sn;:  I  ha\e  the  honor  to  tran^inil  lieiewith  ,  u  Jth  lojiiest  lor  its  ic 
tntii  after  perusal:  a  letter  iioik  the  inited  States  distriet  attorney  at 
rhiladelpliia.  inel.'>in^' a  report  o)   tlo    (nited  Slates  marshal  there,  re 

iatinj;  to  (lie  steaaiir  <  ielie'al    hnler. 
\'tl\    respeelliill\,  \oUJS.  vS.e., 

i:.  i;.  iioAi:. 

.  I  tti'iiH  1/  iif  iinal. 
Hon.  II  \\:ii.imn  I'isir. 

Stcn  iiirif  of'  Sliitr. 


\  Inrlo'^liri'  No.  I.I 

Uc.  N»»(V//.   I'liiftil  Stiifts  i'tliiiiii  u.  tn   Mr.  fl<>iit\  Affi'iiiiji  (,'i  lit  fill. 

()i  I'll  1.    ul-     111!      •    .Mll.li    SlAIIS    ArTnl{M;\. 

ICA.S'IMU'N    IHsTIJH'I     «•!      I'l  NNsN  1  '.   \M  \. 

I'liliinh  Ijtliit',  \iiriinlnr  \>.  Isil'i 

SiK'  :   Tlh'  nial-l'al  of  lliet  istiiet,  if    aeeord.iliee  with    in--(  lilel  loiis   lo 
l.iin.  eontai.ied    in  a  letter  to  !iii      1io;!i  the  Assistant   .\ltoine\  fleiieral. 
l.eann.i;    date    the   .'»ih    of  No\eailt.r,    I -^(l'.*.   visited    ami   evamiiied    tli' 
sti-amei  (n  neial  Dnle*-.  now  Isin;;'  in  this  port,     lie  took  with  him  Tap 
tain  .lohii  II.  ^■onll^.  \\li<»is   a;i  old   and   exjieiiem    d  ship  master,  wi 

aetiiiainted  with  Mieh  niath-i -.  and  teeeivr-d  from  him  a  staf 
[rjXj     nieiit    in    writing;,  relatin.y-  to  •the  ehaiaeter  and  eniidition  of  ih" 

\e>>el.  a  ropy  of  uhieh  he  has  |od;ied  with  Ilie.  I  haV-  I  he  lioiiei 
to  iiielose  >oii  a  etpy  of  t!)is,  and  of  a  nn'Miorandiim  aniie\ed,  .si,<,jiied  (•> 
iiie  marshal,  show  iiiy;  his  eoiM'iMieriee  uilh  it. 

\'el\    lespiitlnllv.  \oins,  v\e,. 

An;iM:^  ii.  smith, 

I'ltitxl  StntcM  AtUntivij. 
Hon.  i;    1{.  IIoAlJ, 


M!'\NViN»; 

I//',  rish,  Sirri-fdtif 


:i'Ai;tmi:nt. 
)niiil>(r  H;,  is«i!>, 

r  letter  of  the  l.'lfli 
■*•'!  (in  i»):i('c  t»r  t lif 

tlir  rilit<'il  Stilt<'s 
}  |>I:lc<'  tlic  StCilllKM 

•nluicniuMit,  oi'  tin- 


IKSON, 

/  (//  llir  TrtftftHri/. 


vturtj  of  Si.ntc. 

VI.'S  (Ml'H'K, 

iH'i'iitlx  r  l.">.  !*>•>•». 
rcfjiM'sl    Inr   its   i( 
(listrir!   ;ill(ii  IH'\   Ml 
X  liiiiisliill   tluTr.  If 


i;.  iioAi;, 

.  I  tun'iit  ji  Hi m  ral. 


(■(UNTKij  cAsi:  or    iiii:  ini'ii:!)  st.\ti:<.  S'2i') 

[  Iiicldsiirc  Nil.  'J. ) 
M-    YoHiiij  (:,  Mr.  (iin/nri/,  I  nitnl  Sttttis  mitr.slntl. 

Pini,At)i:i,i'ii!A,  Xoiwmhrr  \o,  l,s<l!>. 
Sii;:  Tiir  iiiHlcrsiuiKMl,  ;ii  _v(»iir  nM|ii('st.  \  iNitcd  tlic  stisiiiitT  ( Iciinal 
Dulct'.  now  iihant  n';i(|>  |'.»r  sen,  and.  ;i(t.'r  n  cun'iul  cx.iniiiiai  i(»n,  rcspccr- 
fiilly  rf|»(»rls  tlir  said  sicanin  is  in  un'id  older,  of  small  eapaeity  and 
pit\\er,  SUV  alioiit  i:»(>  horse  jKiwer.  with  iar-e  deck  aifMiiin  )dations  for 
passeni^crs.  Tiie  eoa!  hankeis  are  Citll  ot'eoal.and  eontain  S7  ions,  witii 
the  intention  mI  |>iiilinu'  ."iK  tons  nnnv  in  ilie  lore  iiold.  lor  the  |Mir|»nse  of 
l.rin.uini:  Iter  in  trim  :  as  her  eoal  eonsnmiHion  does  not  e\efed  1(»  tons 
per  da,\.  ii  wili  in-  oltserved  that  the  above  i|Man!it\  will  -ise  iier  ahont 
tliirt«'en  d;iys'  steamili;;-. 

riie  (|iianiiti<'s  of   stores  on  i>oard   ;iie,  |»erhai»-.  ""'  "X'H'  than 
[y^'.V,     snilieient    lor   twenty  da>s' eoirsnmption  "for   hei oidinary  ei'ew. 
Ill    f.jet.  tlie  onttit  jexeeptin;^  eoal)  is   iiiuhr  rather  than  «/v/- the 
nsnal  necessities  for  sueh  a  Ncssel. 

r.eiir^-  entirely  nnsnited  I'm'  anvthiiru  else  tlr.M  passengers  and  a  very 
small  amoniil  ot'  eei.uo,  I  respeei  lidly  snimiii  \\\-\[  t  iien-  i>  nothing-  wiiat- 
e\er  (»f  a  siispieioiis  eharaeter  i-ither  i:i  the  vessel  or  her  ontlii. 
Kespi'ctfnllv. 

.iOlIN    il.    VOINC. 

V).  M.  ('iin.tioirv, 

i'liitid  Sillies  Miosliitl, 

rNi'ti:i»  Statks  Maksiiai.'s  Oitici;. 

Kasii;i;.n  Disii.Mcr  oi-  IM;^^s^  i.\  ama. 

I'hihnliliiiiia.  .\i  rrnih< ,    \\,  ISVt*). 

I    fidly  nnite  and   ayree  w  ith  Captain    Voiin;,''  in  the  toi-e;;oinj^' report, 
ha\in^  aeeompanied  him  in  the  examination  ot'  the  ship. 

K.  M.  (iUKCoKV, 

I'nifid  .Stittr.-i  Mur-shal. 


I  fff^nirji  C,i  nnal. 

N>\l,\  A  MA. 

\'i>rnnhn-  l.i,  IStiK, 

\  ith   insirnelions  to 

t  Attor  ne\  <  lelieial, 

and    exaniilM'd    the 

took  with  hiiii  Ciip 

d   ship  master,  w  ' 

I   Irom   hint  n  sia''' 

uid  eniidititin  of  il'"' 

'.     I  hav-  the  honei 

alineM'd,  si!.!;ne(l   \>} 


II.  .•^Milll, 

.,1  st(tt>'H  Mfnincij. 


!.'/•   Umlmr.  I'liitcl  Sl(if<s  niiiislitil,  hi  Mr.  Fish.  .Sn  n  luri/  i>j'  Slafc. 

tKxiniri.j 

rMi'i.n  Si'Aii.s  M  \i;sii  M.'s  Onici.. 

801  I  iii;i.'N  iM.si  u'lcf  OF  Nr.u    \«>i;ii;, 

A'r/r   IW/.-.  A'i'm»*/«rL't>.  ISdJ). 

t'ii;  :   .Neeoidin;^-  to  insi inei ions  eoidaiiieil  in  your  letter  under  «late 

of  No\eml»er  ]."»,  I  ha\e  the  honor  to  rejioit  — 

1  '•♦•j         •That  1  liaM-  now  en;iaued  oiiesuperintfndeni  and  ei;4ht  d«'tect- 

ivcs.    _'l'wu  men  are  kept  emphiyed   in  watehiny;  tin*  movements 

"I  sleameis   in   this  harbor  :   Iwonu'iiin   the  eonlidenee  (»f  the  Junta  to 

lepori  their  movements;   one  man  to  k<'ep  in  with  the  parti's  who  tilted 

"111    llie    Moniet,  MS   it   is   likely  thai  if  an.\  othor  ves.sels  be  titled  out, 

iliese  saiiu'  partii's  will   have  efuitrol  of  her;  two  men  to  keep  track  «>t' 

^'ra;4'"'li»i-;;  Ciiliiiis  t  liion;*lituit  the  eilN .  and  watch  their  boardin.in  hou.scs 


\ri 


ii 


I 

f 

i 


11 


.S2f)  TKMIATY    <»F    WASHIMJTON I'AI'KIJS    ACCOMPANYING 

Miul  liimiits.  ;in.l  ;,';Uli»'r  ;i('iirr:il  iiirnnuiitioii ;  oiio  niaii  in  w.xiih  tlic  sliip- 
incut  ot  iiiins  iiinl  Miiiniiiiiitinii. 
This  toiv«*  will  ln'  iiirivasrd  or  dccnMscil  :is  rircumstimccs  may  si'i-ui 

to  lt'(|i!ilr. 

I  am.  sii-.  v»'iv  ri'spcctliillN .  voins.  ^:('., 

«.   K.  MA  i;  LOW. 

(nitai  Sf<(f(.s  Marshal. 

lloii.  Hamilton  Fish, 

Strnttin/  «/'  Shitc. 


Mr.  llnrhnr.  fnift'l  Sintfs  intnsluil,  ^»  Mr.  Fish,  Scm'tari/  »;/   .SVa^'. 

rNITKl)  Staiks  Ma!isiiai/s  Oiik  i;, 

iSnrrm.KW   Dstimct  or  Ni;\v  York, 

\(  ir   York,  Ih<(  inht  r  7,  1S(;!>. 
SiK'  :  Tlic  Siiu  ot'  tlii<  moniiiij;-  states   ihal   an  rxpcdition.  nnmlM'iin;^ 
tonr  iinndn'il  and  littv  men.  sailed  tiom   this  port  tor  Cnlia  on  Satnrda\ 

hist. 
|l.»lj  '!'hi>  rt'poH  is  without  t'Munhition.  Mr.  Daxies.  'snpcrintfiid- 
riit  ol°  dt-tfi-tixcs.  informs  me  tJKst  no  men  conhl  iia\e  h'I'l  uitiioiit 
his  Unowird^e.  as  the  <'h>s«*st  wateli  is  kept  on  all  the  mo\ements  ot 
tlie  dnnti.  aiid  on  the  st  ra;r,i;Iin;i"  part  ies  of  ( 'ahans  w  ho  are  seatteri'l 
thlou;:hont   the  eitV. 

From  information,  hased  npon  the  Imsi  authority.  ho\\e\er.  i  ItelieNc 
that  an  eflort  will   soon  he  made  to  ^et   olV  an  expedition,  and    1    liaxc 
enjoined  the  >iriete>t  vi'jil.inee  npoii  .Ml'.  I>  ivies  ami  his  siiliordinates. 
We  ha\e  thrown  sneh  a  net  work  around  the  < 'uliaiis  and   theii-   s\  in- 
])atlii/ei>.  that  I  am  positive  that  na  expedition  eaii   he  liiied  out   w  il!i 
out  thi>  know  ledu'e  of  this  olliee. 

1  have  the  honor  to  he,  sir,  ^oiiis,  vS:e..  \c.. 

S.   i:.   IIAIM.OW. 

I  nitril  Sfiitis  Mur.shal. 
Hon.   II  \MII.TnY    I'isll, 

Sciritfiru  of'  Si'titi . 


Mr.  Ihirhiir.  I'liitfti  States  marshal,  to  .]fr.  Fixh,  Scrrrtiiry  af  Sfati . 

[Km  rail.  J 

Nkw    Voijk.  Ajn-il  LIT,  IS7<>. 
Sii:  :   I   have  the  honor  to  reptut    iliat.on    the  LMJth  of  I',  hriiary  la- 
Sefioi-   lialhiiio  < '4U  te.-.  tin-   Spanish    eoii>iil    at    this   port,  called   at    H' 

olli»c.  (then  !nar>hal  f«»r  the  soiithern  dislri«*t  of  New  York.)  aii' 
[l.'iJj     inloi  iiii-d  me  that  he  liati  relial>le  informa*tion  that   an   unlauli 

expedition  of  <ul(ans  would   attempt  to  lea\i*    ihis  city  the   siiii 
evening;.     He  left  with  me  a  memorandum  t)f  the  Hteamer.s  in  which  tli 
expedition   uoidd  lea\e,  (as  he  supposed.)  with  the  niimUer  of  ('uh;p 
that  would  take  |»assa;re  in  said  steamers.     I   immediately  calleil   ii|m 
Mr.  l)a\ies,  of  I'inkerton's  detective  a^icncy,  and  also  employed  t"" 
m\  im»st  expert  deputies  to   investi;jate  the  matter,  and,  if  possihlc. 
thwart  the  schemes  of  the  tilihustcr.s. 


MPANYINT, 

I  to  walili  till'  sliip- 

istaiicfs  may  seem 


ii  Stdlr.s  Marshal . 


(  <MNI  r.K    (ASK    or     iiii;    IXITKI)    STATKS. 


.S27 


Mr.  1)m\  ics  aixl  Ins  dcifctiNcs,  as  also  inv  (lc|iuti('s.  lalnHcd  ri;;oi(»iisly 
to  «lisc«>vri'  siirli  an  cxiKMlition,  hut.  alter  a  watch  <it'  f  lirrc  or  Iomi-  days, 
loiiiid  lliat  till'  Spaiiish  coiisnl  |i;iil  rirlicr  Immmi  mistaken,  or  our  watcli- 
I'lilness  lia;i  lieeoine  UiiowM  to  tlie  lilihiist-rs.  wlio  al)  indoiied  tlieir  in- 
telldeil  e\|teilitioii. 

\'er\  respect  fully,  yours,  vS:c., 

S.   1{.   IIAIM.OW, 
[lalij  i'ltitcd  Stairs  Marshal. 
lion.   IlAMII.KiN    I'ISII, 

Sirrrlan/  i>l'  Stair. 


rrrrfari/  af    Statr. 

1  TICK, 
SlAV    YoHK, 
Ihniiihrr  7,  ISOtl. 

|ieilitioii,  nnmlierin;; 
r  ('iil»a  oil  Satunlas 

iixies,    •superiliteMtl 
ihl  iiave  left  willioiit 
I    tlie    iiM)Vements   ol 
[is  \\li<»  are  scattered 

-,  li(i\\e\  er.   I   Uelievc 
tfdit  ion.  and    I    lia\r 
d  his  siihoidinates. 
lans  and   their   s\  m 
,    1,,'  tilled  out    w  ilh 


IAIM-0\V. 

/((/  Stat'S  Marshal. 


Srcrrtani  ol'  Slidt . 


;k.  .\i>ril  I'T,  l^^TO. 
C.tli  of  I'.'liruary  l;i-; 
s  port,  called  at  iii.\ 
•t  of  New  York,)  aii'l 
ion  that  an  uidawfiil 
\e  I  Ins  city  the  same 
■^learners  in  wliieh  tin 
ir  numi»er  of  Cuban^ 
nrdiately  called  ui.nii 
;dso  enildoyed  two  el 
er,  and,  if  possiUlc  " 


Mr.  Fish,  Sri-nttiri/  of  Sfafr,  fit  Mr.  Firrrrpaiit.  ilistrlcf  aNonn-i/. 

'  Dki'AUT  M  NT  Ol'  Si  \i  i;, 

Washiutilitn,  •Ixhj  7,  1S70. 
Sli;  :  'riie   President    lias  het  n   iiifo.im-d  that  the  Spanish  minister  is 
in   possession  of  e\ideiiee  tending  to  show   that   ^omc  i>aitie<iii 
|1.'»;?|    yoiii   district    have  ,*l»een   guilty  of  a   \iolalioii  ot   the  neiitialiiy 
laws  of  the  rnited  Slates. 
A    portion   of  this  e\  idencr   has   heeii    lai*l   heforc   tie'    i»y    Mr.  Lope/ 
liolierts.  ill   attidav  its.  of  which  copies  are   iiiclostMl.      Mr.    Woherts  has 
l>eeii  iir.oniied  that  all  witiiessrs  within  your  reach  who  iiia\  be  pointed 
out  to  \ou  l»y  him, or  l»y  the  counsel  who  may  he  einplo\ed  l>y  him,  will 
lie  examined   lt\   you,  ami  lliii    ;>ou  will  thereupon  iii>litiile  siii'h  pro- 
cee«liiiys.  ri\  il  or  erimimil,  a^  the  ca^e  may   jiistity. 

\  •■;>  will,  t ht'i'clore.  jilcasf  act   in   tiie  >.|urii  ol'  the  comiiiuiiii-ation  to 
^■^    i   »pe/  Ifolierts  should  occasion  i-e«iuiie, 
I    am.  sir,  voiirs,  »S;e., 

ii.vMii/roN  nsii. 

I'.DWAK'DS   IMl.t.MMa'oNI',   INfl- 

I' nihil  Slates  Ifislrirl  .illornri/,  Snr   Yorh. 


ii;;.->l   •(•oim;i:sp(>ni)KN('h  imclatix  i:  to  tin:  iioiixiyr. 

1/*.    I'irhl.   AilitKi   Mliiniri/fitiicral.   /.»   Mi.    hurls.    Aitiuij   Srcrrfftri/  af 

Shift. 

AlToK'NKV  (ii:M'-i;  M.'s    OlMMCi;, 

W  iishiiajtun.,  Aiainst   K!,  ISliO. 

Sii;  :  1  have  the  liomu'  to  tr.insiuit  hereuilh  copies  of  a  leleiiTain,  re- 
••eived  Saturday  eveniny  lasl.  Iron  the  I'liited  Slates  marshal  at  New 
York,  and  a  tele;iiain  >♦  nl  the  sauie  ♦'Veiling  to  !lie  I'nited  States  dis- 
trict attiiiiu-y  al    I'hiladelphia,  te.ati\e  to  tlu'  steamer  lloinet;  also  a 


ieU'j;ram  just  I'eetuv  ei 


I  Inuii  the  assistant  di.slriet   atttuiiey  at    IMiiladel- 


pliia,  relalin;;  to  the  same  \«>sel. 
\  ery  respect  full, \ ,  \ours,  ^:c 


lluji.  J.  <  .  15.  Davis- 


\V.  A.  FIKLl), 
.\rlinjf  .ittonunUencral. 


Atfiny  Sarcfv.itf  of  SiaU. 


i 
i 


1)5  <     ■ 

1^ 


I 

■■v';l 


!    ,1 


'  *  : 


If 

!      I 


I 


S28  TKKATV    OF    \VASiri\(i  IciN I'AI'KIfS    A((  <  )MI\\N  V  I  Nd 

•  I  Incltisiirc  No.  I.J 

Mr.  lUiihiir,  I'liifid  Sftifis  iihirsliolj  to  Mr.  Ilimr,  Attonu'ij  (jtmral. 

Nr.w  Y(»KK.  .lii;iiis(  1  I,  is«;i». 
Tlic  llonict.ii  loim' side  wlh'i'I  stciiiin'r,  is  suid  to  he  y.iiiiu'  iVom  IMiiln- 
(lfl|»lii;i    til  !iiL;!it  :is  ;i  ('iil);iii   |>ii\  iitcci-.      I  li;i\('   tcU'^l;i|»lic»l   tln' lilct  to 
tlir  riiitt'tl  Stiitt's  marsliiil  ;it  IMiil;i(lcl|»lii;i. 

FKANi'lS  ('.  IIAIM-OW, 
[i;J(i]  *f'tiili<1  St(iti:s  Mdr.shul^  X,ir   York. 


I  IlirloMllr  \u.  'J.  ] 

Mr.  Fi(l<l,  .[cfnii/   AHoriHiidt  IK  ral,  to   Mr.   S.iitli.^  ili,s(rl<  I  aHariKi/,  Phil 

tttliljiliiii. 

I  'l"i'lf;;iiini.  I 

All*  >UM;V  ( 1  ITNKi;  A  l.'S  <  )!■  FHK, 

]V((shiiKit<ni.  Aiiiiii.sl  1.".,  ISOil. 
A.  II.  Smith,  llsij.. 

I'liilrd  Slnt(s  Atloniri/,  I'liilidhljiltiii: 
It  is  s;ii<)  tliiit  the  stfiiincr  lloriict  will  sail  to-iiij^lit  trnin  IMiil:i(l('l|>lii;i. 
ill  violation  ot  tlit*  iiciilialil.v  laws.     ICxaniiiic  the  cast',  and  prcvriii  aii,\ 
violation  of  tlu'M-  laws. 

w.  A.  i"ii:m), 

Aoliittj  Atf<inir!/(iencral. 


Mr.    \'(tlnt(iiK,  (tsNintidit  (dstricl  ntlnrini/.  to   Mr.  lirhl,  Ailiioj    Attornrtj 

(Inn  rnl. 

[.  I'.lrj;r:ii.i.  I 

'  riiii.Aitiii.niiA.  Aiiiiiist  HI.  isti'.i. 

Ihtii.  W.  .\.  l-'ii;i.i>,  ActiiKj  Att<>rn(H<it  lit  rdl  : 

TIk'  lloiiM't  sailt'd  Siindas    iiioni'iij;,  and  wa-«  drlaim-d. 

An  cvaiiiiiiatioii  will  In   made  to   la\,  and  llic  fans  n'|Mirtcd 

,     ■     .MHIN    K.  \  Al  I.MIM:, 
Anfiiatant  i  nik'l  Muti.s  Atlormij. 


Mr.    \'ol>iit!iir,  (issistmif  ilistrlif  nttitnn  tf.  t<>    Mr.  l-'iil.l,  Aitiii;/    Attoninj 

(»'« m  ral. 

(Min  i;  nl    IMiKU  Stm'KS  As  rnK-\K>, 
Dasikun  PstsTKnr  uk  IM-:nn>\  »  ^  \mv, 
[137]  •l'hiUuiitj»kiiu  Atf;t»^  m  l."^**'*. 

Sir  :  I  have  tlii'  honor  to  stat«'  that.  imiii«Mh»N'l\  <mi  the  it'ccp 
tion  of  sour  trh'^naiii  of  tiic  Utii  instant,  I  nM|M«  ^«mI  I'nit^Ml  Staii^ 
:^larshar(;it'-oiv  topiw.-nt  tlu*  sailiii;;  of  tlis'  str.-.iiu'i  tloriu't  until  sii 
examination  could  In-  iiiadfj  as  din*ct<'d  l>v  yoiu-M-it. 


MrANVINO 


ttornvii  (hnvfaJ. 


.\u(j)isl  I  I,  1S(;!». 

'  y:oiii.U'  tVoin  IMiila- 
:r;il»lK'tl   tlic  fiU'l  to 

W, 

rsJiiil^  X(  ir  York. 


<  iMNTKR    CASK    OF     I'ili:    IMTi:i»    slATKS. 


.S29 


tricf  (itlornc!/,  Phil 


s  Ofkick, 
AmjKst  i;J,  lSt;!>. 


troiii  riiilii4l(>1)ilii;i. 
;t',  iiiiil  pifx  ('lit  ;mi,\ 

. I  ttiiniri/  (iClKi'dL 


tl,  .['liiiij   .'it  tor  lit  [I 


,  AidjKst  Iti,  ISO'.t. 

lined. 

s  r('|Mirti'i1 

.\i,i;mim:, 

W  s(tit(s  Atlonuji. 


Thcsr  iiistniclioiis  wnv  niv,.,i  |,>  llir  maisliiil  on  vcstcnlav  <'v<.|iiii<.- 
alx.nt  ..  .M-ltM-k.  II,.  iMiliicdiwtrlv  took  sl.'ps  to  scr  that  tlu'  Vessel  .iid 
not  esj-ape. 

Vesteidav,  Siiiiday  nioiiiin.u,  al.oiil  l(»  o'ehMk.  Ilie  ivvenne  cutter 
(  aptam  dames  coiMiiiandin-.  l.ioii-lit  liie  lloiii.'t  to.  wlieii  she  was 
al)»nit  (ortvse\cn  miles  lielow  lheeit\. 

I  ineiose  li.'iewith  a  ecpy  of  his  K't ter.  -i\  in-'  a  statement  of  his 
a<-th)ii  in  the  ease. 

1  have  replevied  the  maislnd  to  have  a  thoi'.Mi-h  examination  mad<' 
ol  t ho  vessel  and  ear^o.     This  he   will  have  «l,)ne    immediately. 

I  also  ineh.s,.  ;i  copy  of  ;i  letter  iVom  him.  -iviii-  a  ivpi'.it  of  his 
action  thus  far. 

Very  respectfully,  yoiiis,  vS:c.. 

dOlIN  K.  \  AI.KXTINi:. 

Assi.'^fdiil    I'liitnl   Slahs   Allonirif. 

Ilini.  \V.  A.  !'ii:i,i». 

Art  i  lit/  Attoriifi/  (it  iitriil. 


[1>]  '[ill. 1.. sine  \n.  I.l 

Mr.  drt'ijtnii.  L'liitril  Stults  iiitirsluil,  f<,   Mr.    \'<ih  ulinr,  tUstriii  Htinnuji. 

I'MTKi)  Statf.s  Maiisifvi.'s  Office. 

Kastkkn  Distk'K'I' <)|.  I'F.NNsvr.v  am  a, 

VliHtiihlpliiti,  Aiitjiist  \{\.  \s{\\\. 
Sill:  in  accordance  with  your  letter  of  Saturday,  the  lllji  instant, 
reqiiestiim  that  I  slioiihl  detain  the  steamer  liornel,  I  haxc  the  honor 
t<»  make  the  lollowinu  repiit.  <  >ii  Saturday,  iiom  information  oli- 
taiiied,  I  Iniiiidthat  I  he  saiti  steamer  had  maile  arraniicmeiils  to  sail 
dmiii^  the  iii^iht  or  Siiiida>  niuriiinj;.  I  at  once  eniploved  a  tn;;.  and 
proeeedetl  down  the  river,  with  a  \  iew  to  intercept  the  rt'\cniie  cutter 
Miami,  Capiain  .ioiits  coinmaiidiiiii.  1  siiccei'ded  in  commnnicatini!; 
with  him  aiioiit  il..">i>  a.  m.,  helow  l,'ced\  Island.  Atter  .L;ivin;;' siich  in- 
st  met  ions  as  were  necessar;\ ,  I  returned  ti»  the  city,  iiiectiim  i  he  Hornet 
t»n  the  wax  dow  II.  t'aptaiii  doiies  has  since  informed  me  that  In- ar- 
rested her  a!»ont  in  o'clock  Siimlay  iiioiiiin^-,  and  hroiinht  her  to  this 
port.  I  am  now  makiii;^  a  tlioron^h  examination,  and  will  forward  fall 
report  as  soon  as  concluded. 


Very  resp<'ctlnlly    \;c 


!•;.  M.  ClfKCOK'V 


I'liiltil  Sliitts  Mtir.slitil.  l'tt»ti:rn  It'istr'ut  tif  I't nnsijh'anit 

lion.  John  K.  \' Ai.i.NriNF. 

Axsixtdiif  I  iiittil  :'^t/tffs  Affitnin/. 


/,/,  A'fiiiti  At  lor  in  II 


M:>X^N  !  \  VMA, 

,    A>i;t*<*t   \S   IS«i!l. 

^►»telv  oti  the  ri'ccp 
-^mI  Inited  Stall- 
iiei  tlornet  until  ;i  i 


(!TO]  "I  in.losiiiv  'i.\ 

('tij)ttiiii  'foiii'.s  til  Mr.   \  lilt  lit i III ,,  iis.sisfuiit  illstritt  iittortii'i/. 

J'F.VF.NFi;  ('FTrFK   .MlAMl,  Auffil.st  H'>,   \Sm. 

Sir  :  In  lejdy  to  your  letter  of  this  date  in  r«'jiaid  to  th«'  steamer 
Hornet,  1  lia\e  to  state  that  y«'ster«lay,  Sunday,  iiiornin;;, at  ahoiil  li.lOa. 
III.,  I'liiteil  Stiiti's  marshal  (Irepny  \isitedmy  xcssel  ;  I  was  then  at 
iiiiehor '»etween  Jfeedy  Island  and  Lislon's  tree.     The  marshal  reipiested 


,  .1  ll,lji.jf^puili  V.l   I  ' 


830 


IKKVTV    or    WASIIlNijrON I'AI'KFJS    A('(  OMI'ANVINfi 


1^ 


if!  ! 


I 


TIM'  to  jtl«'\(lit  (he  stCiiiMtT  lloiiu't  IVoiii  p)iii,i:"  to  st  ;i.  At  iihoiit  lO.lt) 
;i.  111.  1  (lisrov«'r«'«l  this  ncsscI  <'oiiiiii;;- «|»»\\ii  tlic  river  iiiidcr  ;i  full  liriid 
of  stciim.  I  rlciircd  i\\\,\\  the  st;nl>oiii <l  l>;ittiMy.  lirrtl  Miiiik  ciirtrid;^!', 
;iii(l  sli.ttlcd  till'  uuii,  pii'piirod  to  lire  unless  slie  e;ime  to  ;iiiclior.  She 
iliiitie(Ii;i|f!y  loiilideil  to.  1  then  sent  ;in  olVlcei' on  l»o;ird  ;ind  diieeteil 
him  to  tiike  eli;ir;;('  ot'  the  vessel.  In  ordei-  th;>f  there  mi;iht  I»e  :iii  e\ 
:iiiiin:itioii  hy  the  jiioper  ollieeis  of  the  (loveriiiiient.  I  h;i  ve  Itiou^ht  her 
to   this  citv.  w  I'l-re   she  now   lies  iiiieliored  at  the    nav\  vaitl  under  the 

^UIl^  of   iii\    slli|.. 

\'el\    I'«'sp('ettllllv,     • 

.lOllN  M.  .lOM'.S. 
Cxptnln  rnlfdl  Slufcs  liirt  iii((  St( >iiiur  Mkihu'. 
.IniiN  It.  \'Ai.i:NriM;,  !:s<|.. 

Assi.-.iidit  f'uifrl  Stiiti.s  Affttrnrif. 


1  i:^ 


[1I(>J    *Mr.  F'uUl.  Acdin/  Attotnrii  <lt  iiri'il,  to  Mr.  Piiris,  Acliiuj  St'crctarif 

of  State. 

AtT<"I{M:\   (IKNF.WAI.'S  Ori'lCK, 

Wdnhini/lini,  AiijiknI  |S,  1S(!!». 

Sii; :  1  send  iii<-losed  herewith  a  letter  ieeei\ed  this  inoriiin;^  from  the 
assisi.iiTi  rnited  States  attorney  at  IMiiladelphia,  rennsylvania,  w  itii 
its  inelosures.  all  rela'iiijr  to  the  steanie;-  Unmet.  There  are  no  faet^ 
known  tu  this  olViee  exeept  those  eontained  in  these  papeis.  and  the 
tele^Mam  linm  Marshal  Harlow,  a  eopof  whieh  was  sent  yon  in  m\ 
letter  ol  the  Klfh  in«^taiit.  The  r<'mainiiiL;  papers  in  this  oiiiee  simpl\ 
repoit.  the  se:/nre  and  detention  of  the  steaiiM'r.  dohli  l"'ailen.  es<|.. 
'•ailed  iijiiin  me  this  niorninu' in  Itelialfof  the  owners,  a^^kin^:  that  the 
steamer  he  released.  I  think  this  should  he  done,  unless  1  here  are  ot  liei 
laets  thaa  those  known  to  me,  and  shall  feel  ol)li.<;ed  it  you  will  <v»mMiii 
nieate  to  iiu*  \onr  wishes  and  opinitui  in  this  res|)e<'t  today,  hefoic  L' 
'•"eloek  p.  III.  Will  yon  please  return  the  papers  inelosed  when  ,\»iu  lia\e 
done  w  ith  them  .' 

\'el\    I  •^peetlidh,  \e., 

\V.  A.  Kii:i.i>. 

Aitiiiij  AllotmydeixeraL 
lion.  .1.  (  .  W.  Davis. 

.[(tiiniSrcrctai'ifof'StfiU. 


{  liii  lii-iiif  Nil  1. 1 

Mr.    Wihiifiiit ,  ii.snistiiiit  ilistrirt  attnniri/,  to    \fr.    Firhl,  Actintj  Attonii  i' 

finirml. 

On  UK  (»!•    I'NITKh  STAir.S  .\rTni;.\K\  , 

[Ulj  "llA.siKii.N  DisTia*  I  Ml   Pr,.\.\sN :  \  \ma, 

l'liihflrli>liiti,  A>i;,H.st  17,  If^**'* 
SiK;    I    lla^^'    the   Imuku'   to    ineloie    herewith   a   copy  of  a  letter  fnui 
Marshal  Mie^nuy.  in  iei:aid  to  the  sieaieer  |f<»ni»t.  together  with  a cop.v 
o)  a  repo' 1  iinule  Jo  him  in  tin  east'  l»y  .lohn  H.  \  oiiiiy. 

I  hav  '  no  personal  kiiowW-tl;:-e  of  the  taefs  in   rej^ard   to  this  steaimi 
It  is  proper,  however,  th.it  I  should   stale   that    the   marshal   has  aete-i 
with  the  iitmcsl  dispaleh  in  the  matier,  and  that  I  am  wi'll  ae«piaiiiteil 


I'ANVINd 

At  ;il>i>Mt  l<».l(> 
iuhUt  ;i  lull  \\v,u\ 

l)I;nik  (Mrhid;;^. 

t(»  aiiclinr.  Slic 
>;ii(l  ;m<l  (lircftrtl 
I'  mi;^lit  l>f  :>M  r\ 

ll;lVcl»rt>ll^llt    ln'l' 

v  v:u<l  unilcr  tin' 


^I.  .l()Ni:s. 
Sli'iiiKr  Mm  mi. 


(  Ol'NTKR    CASK    OF    Till:    rMTKI)    KTATKS. 


K.'U 


'.s,  Act  I  nil  St<tctarii 


1  OFiicr,. 

A, I  fill. si  IS,  is(;«>. 

inoniiti;i"  IVoin  tlif 
•rimsvlvMiiri,  witli 

Tllll.'  Mil'  ii'»  li""'" 
sc  |»;ilM'l-^  iiiid  the 
s  sfiil  vitn  ill  ni.\ 
tliis  oliirt'  sim|»l.\ 
.lolin  Kiiilfii.  <'s<|.. 
[•s,  M>^l<iii;:  tli:it  tlif 

CSS  llU'lt'  ilK"  otlici 

it  v«tu  will  rMiimin 
•rt  t«»-ilay.  iM'tiirr  '_' 
Scd  wIm'II  Vttll  lin\» 


llninrjI-ili'tUtitl. 


I.  Arlin;/  Atlonii  >■ 


\s\  ;  \  \MA, 
.[,i,,i(.si  IT,  lS*.i» 
,\  of  a  h'ttt'i'  iKMi 
(M.-tii.T  witli  a«'oi'.\ 

1(1  to  this  strniiK  I 
marshal   has  acd'; 
III  wi'll  a«'i|iiaiiit"i 


Willi  Mr.  .IdliM  II.  Vomi;;-,  wIimiii  hf  riill.MJ  to  liis  ii-.>ixt;m(»'.     .Mr.  Voiiii-4- 
was  loiiiicily  a  |>i  i/c  coiiiiMissittiH'r.  having  Imm-ii  a|t|.oiiitc»l  l»v  his  honor 
.Iu(I-i'  Cadwaladcr.     Me  wiis.  loi-  m.my  vciiis.  uiiistn  ot  a  iiifirhaiif  vrs- 
st-1,  ami   is  pcriiliail.v  wrll  (|ii;ililic(l   to  "iiiak.'  iln-  .•\aiiiin,iiion    ha-   the 
marshal.     The  vessel  ni  piesi'iit  is  aiieliored  ;if  tin*  navy  \iir»l.  nmler  the 
-uiis  of  the  icvfiiiie  eiiiier.     Her  «lei<iit  ion   is  atl<-mle(l' u  itii  ;iieiit  ex- 
pense.     1    tl!.e):el'ore   ;isk    for  early    iiistriietions   ;is   to    her  <lis|»ositi<ni. 
The  inelosed  piipeis,  to-etliei'  with  iilux'  ilieloM'd  in  my  let !ei  o!' tester- 
day,  eoiitaiii    all    l!ie   rjietswhieh    have   eoine  to    my   kno\v|ed;i«'. 
[1  iL*)     Whether  tlieie  is  ;iii,\    iiieiiiilaiity  as  to  rlu-  papers  oj'  the  Ve.N*sel 
I    lia\e    not    heen    ililoiiiied.  liii!    w  ill    re<pie>r    the   lulit-clor  of  the 
port  ((M'oinmiinieale  with  xoii  on  the  >ul»ject. 
Very  lespeet  fully,  iV,<'., 

.iOllN    K.   \  AhKNTiNi:, 

Asiiixtdiit  f'liifal  Sf'itis  Attonuy. 
Ifon.  \V.  A.  Fii'.i.i).  .le//'//7  Mhtrnnftnunml. 


[Iiicldxtirf  Nil.  '.'.] 

}fr.  (hu'fforii.  iniiislinl,  t'>  Mr  Smith,  (listtit't  nitoninj, 

rM'i  i:i»  Sta  n:s  M  \i;sii  M.'s  Oi  iK'K, 

1v\sti;k'n  DisruK  t  oi   I'kn.nsvia  ama, 

I'h •:>:,!, ii>i,;,!.  A>'f!u..t  17,  isnn, 

Sii;:  hi  eoinplianee  with  yoin-  letpiest  1  heieuith  >nlimit  a  report  t)f 
the  inspeeiidii  of  the  st»'amer  lloinet,  th-i.tiiied  hy  me  for  snspeeted  vio- 
lation of  the  iientiality  laws  of  the  Inited  States,  in  order  that  tho 
inspeetion  iiiii;lit  ite  a  thoinii^li  one.  I  ealled  to  my  as>i -laiiee  John  11. 
Noun;;,  esi|..  ;;  ;;enllelitan  of  laiieh  expeiienee  in  .sa<Mi  a;atters;  and  hi- 
leport,  herewith  siilniiiitcd.  I  aeeepi  as  my  •)wn,and  lully  indorse. 
I  am.  \er\  resiieci  |ii!l\ .  .S:-., 

i:.  M.  (ii{i:i;(>i{v. 

Ciiitfil  St'ifix  Mtirshal. 
lion.  .\i"i!i;i",^    II.  SMii'it. 

I'nitiil  Stairs  l>lstii<t  Allonmi. 


UX) 


'{ liirliciiii-  Nit.  :*..  1 
Mr.   YoiDiij  to  Mnr-'ilinl  firrrfitnj. 


rilll.ADF.I.l'Hl  V.   AllilUst   HI.    ISr.'.l. 

Sii;:  Asre<pi('sled  li,\  sou.  the  undersimietl  visited  the  steamer  lloinet. 
How  ill  your  custody,  to  examine  saiti  vessel  with  a  view  iu  the  a.seer- 
';iinment  of  an.Nthiiiu  illc.ual  in  her  ontlit  and  ladiii;,' as  eotinccied  with 
lier  siippnscd  dest  inat  ion.  I  lalitax.  .No\  a  Si-ot  ia  and  <^Mieen^!  iw  n.  Ireland. 
In  contoiniity  with  the  nitove  reipiest,  1  ha\t'  thoroui-lily  examined  the 
I'tcneinent ioiicd  \<'ssel  in  c\ery  department,  and  re>pecttull\  '•nlnnil  : 
lirst,  an  examimilion  «»f  the  papers  simwed  that  her  ih->iination  wa.s 
Halifax.  Nova  Scotia,  and  <^Mieeiisto\vn,  Ireland:  the  shippin^c  articles 
iiad  the  names  of  thirty  five  ollieers,  seamen,  tiremen.  and  coal  passers, 
all  in  the  re;;iilar  form;  the  naim's  of  the  ehief  I'liirineer  and  his  f\v«) 
assistants,  however,  were  not  on  the  arliele.s :  with  this  addition,  the 
« rew  all  t»)hl  are  thirty  oij^dit  men. 


sn2 


TI.'KATV    OV    \V.\SlII\(i|nN I'AI'KKS    A(  roMI'ANYINt: 


li 


■!■■ 


I* 


li    ^ 


Tlit>  IIoriH-t    i^  :ilM)iit    niiii'  ]iiiii<1i'(m1  tons  Itiuilrii.  Imilt  of  iron,  siili>- 

wliri'ls,  :in<l  r\  idriitly  built  \\\\\\  :i  \  i«'\v  to  j^rcat  s|MtMl,  ;ini|  is  in  rvcry 

n's|M<  t  wril  suited  for  iin.v  tiiuU'  wlicic  dispatrli  and  slmit  distanic 

[141]    sir*'  tin-  n«|uisit»s.  Slic  is  pi«M«»'d  for  *fonr  ;:nns,l>ni  tlit-  littin;;sart' 

ot'oii;:inal  const  iiict  ion,  and  would  involve  coiisitiiTalili' cxixnst' 

to  taK«-  tlifiii  au a.v. 

SIm'  lias  oil  lioaid  two  Imndrcd  and  lomtrcii  tt»ns  of  roal,  (rrct'iiits 
luodiicfil.  all  in  tin*  l)iinki>rs,('\«('|>t  about  tif'tt'cii  tons  in  ha;:snii  d<-tk  tior 
iiiiiiit'diatf  use.  'rin'rn.Ljiiii'1'r  states  ln'i('onsiiiiipti(»n  at  al»oiif  thirty  liv«' 
toii<  a  day.  and  tVom  the  appearance  of  the  lire  smia«'e.  and  si/.e  of  the 
l»oiler>.  tfii^  i>'  in  <-oiitoriiiity  with  niy  own  Jiid;:iiient.  On  this  basis  it 
Would  ;:i\e  her  eoal  «'apaeity  for  about  six  days'  steaniiiiir.  In  addition 
to  the  eoal  llieie  are  altoiit  foiii- e(»rds  of  oak  wnnd.  The  rabin.  ward 
room,  steerage,  and  foieea>tIe  are  filled  up  in  tlu'  usual  niaiiiier  lor  the 
aeeoininodatioii  of  the  otVieers  and  erew, 

'I'lie  -ilor»'s  are  ample,  but  Hot  exeessixc,  (except  in  the  iirticles  ol 
beans,  of  which  there  are  twelve  barrels:  su;^'ar  seven  barrels,  ami 
\\liisk\  twelve  half  barrels)  for  a  voya;;e  t(»  llalitax  and  <^iicensto\\  n. 

Tiieiv  are  four  bales  of  mattresses,  (alinut  forty  ei^^I't  i'  :»"»  the  berths 
are  fitted  with  those  arlicles,  the  extra  mattresses  would  seem  to  i»e 
siipertlnniis. 

There  are  tour  yood  boats,  all  fitted  with  spars,  (for  sails.)  with  boat 
comp.isx-s,  \i-.  iiilimatioii  liaviii;^  been  <:i\en  that  the  nia;;a/.ine  con 
taiiicd  arms  and  other  articles  of  an  ille;,Ml  ehara<-ter.  an  exami 
f  1  !.■»!  nation  "showed  that  no  truth  existetl  for  such  report,  as  they  were 
tbiind  empty.  All  the  store  ro<»ms  and  lockers  were  strictly  ex- 
amined :  the  contents  (Stores)  were  such  as  arc  usually  j»la«'cd  in  those 
compartments. 

It  was  lurther  stated  that  the  coal  bunkers  contaim-d  ;;uns  and  other 
munitions  of  wai.  but  this  I  siilmiit  can  be  cleaily  di>pr«tved,  for  tlie 
rea>on  tiiat  the  bunkers  are  constructed  with  permMiieni  iriui  bulkheads 
at  each  end.  while  the  oiil\  <»peniii;^s  are  a  small  .slide  thuu'  for  the 
admis>i'in  of  coal  into  the  lire  room,  and  the  man  hole  to  eaeh  bunkei 
oil  de<-k  for  pultiii;,'  the  coal  in  ;  these  o|M'niii;;s  i>ein;,'of  >ni.ill  diamelti. 
will  Hot  admit  aii,\  uiins  bi't  those  of  a  small  caliber.  In  coiiclnsioii. 
tilt  examination  induces  me  to  say  that,  except  her  ability  to  carry  co;il 
siitlicieiit  lor  a  \o\a;;e  tt»  (^>iieeiis|owii,  there  is  no  api»earaiice  of  aii.s 
tiling  ille;:al  on  board  ilu-  sai  1  steamship  lloriiet. 

Ilcspcrtfllllx    submitted. 

.lOlIX   II.    VOINC. 

I".  M.  (ii:r.<;<>i;\ ,  l!s(|., 

I  iiitiil  States  M<u.slial. 


r^ 


1 

> 


1 1  Hi]     *Mr.  I'll  hi.  Ailiiuj  Aftonii!/  (tniirnl,  to  Mr.  linrhur,  Inittil  Statts 

min'shul. 

['I'clrnrinii.j 

F.  ('.  I'.AUr.ow.  Ksq.,  Fnitrd  Si'ttcs  ^fa>•.sl^l(l,  Xcir   Y,»rk  Cttif  : 

Have  von  anv  imp(utant  facts  alioiit  tin-  steamer  Hornet  .' 

W.  A.  FIKIJ). 
Actiny  Attormy  (kmrnL 


AN  YIN* ; 

ilt  ot*  iron,  siilo- 
iHiil  is  111  rvciy 
III  slioit  <listaiin' 
W  tli.iittiiijisiin' 
.1.  rablr  ixptiisf 

if  r<»al,  (vrtripts 
l»a;:suii  «l<'«k  li»r 
alioiit  thirty  tiv«' 
,  aii«l  si/«'  ol  tin' 
On  tliis  basis  it 
U'j:.  In  a<Mition 
riir  ral>in.  wavtl 
il  MKiinu'i  lor  tin' 

n  tlu'  Jirtiilt's  ul 
vi-n   liaiirls.  ami 

ll   (^»ll«-«-||St«»\VII. 

t  ;     as    tin*  ItiMtlls 

k.uiM   st'i'in    to  h«' 

r  sails.'  with  hoat 
thf  iiia;:a/ini'  com 
aiart.T.  an  rxaiiii 
•port,  as  tln-v  \n«'1c 
s  \vi-r«'  >tri«-tl.v  r\ 
lly  i»hu«Ml  ill  IhoM 

1(1  ;:Mns  an«l  otln  r 
•li>|»ro\r(l,  for  till' 
lit  iron  ItiilUlnails 
>li.l«-  «loor  lor  thr 
ih-  to  »;nh  IniiiKii 
,.t'  siiiarMliaimtt  I. 
i.,.  In  .uiiclnsiiiii. 
I.ility  to  «any  coil 
ippcaiaiKc  oi  aii> 


cniNi  Kir  I  \sr.  np   iiir,   r\i!ii»  >-rA!i>. 


Mr.    Ihnis,  ArttiHj   S^vntori/  o/'  Shif>.    /..    1/,-.  lUtufircU,  Sntrfnt-ii  of  the 

Trrtisuiif, 

Dl-.I'AI.'  IMI.N  I   (.!•  Sr.M  i;. 

WoshiiKiUm,  .luhi  I  Si.  1>(11». 
Siu:  I  lia\c  the  honor  to  im-losr  for  yoiii  inlnrmalion  a  •t'lruiain. 
v\lii(li  lias  just  Ittcii  iiTfi\r»l  iVoin  tin-  Tiiitrd  Stjiics  inaishal  for  tin- 
sonlhi'iii  district  of  New  York,  and  will  I  hank  yon  for  yoiir  virus  upon 
the  siiltjcct  to  whifli  it  relates,  in  (irdcr  tli.it  I  niiy  iepl\  thereto  as 
promptly  as  possible. 

1  lta\i'  lln-  honor  to  In-,  sir,  \uur  ohcdieiit  ser\:int. 

.1.  <  .   i;.   h.WiS. 

Art'niil  St  I  II  till  I/, 

Jlon.  (ii:(»i{i;i:  S.  r.<it  1  w  I'll  . 

Siri'ftKrif  nj'  tlir  Tii nsiii-ij. 


[Imlosun-."! 
1//.  I><tris,  ArliiiiJ  Stri'i'lttry  !>/  Sfittt ,  in  Mr.  liiiilinr,  I'liltiil  SffitiSindislinl. 

[Tclt'i;!;!!!!.  ] 

1 1 7 1  •  I )ki'ai;tm!:nt  of  Statk, 

Wil.sllillfltnil.   AllllKSt   \<.    ISli'.l. 
Ml'.   I''|J  AN<  IS  ('.  llVUI.oW  .   I'llUnl  Stiitis  .]l,i  isliiil,  .\i  ir    )i>iL-: 

Siif:  The  district    attorney  at  I'hiladelphia   advises   ilmt    the   Hornet 

iie  releasfd.     lie  has  had  an  examination  made,  and  linds  no  siispieion^ 

ri  I  en  instances  w  hieli  w  arrant  I  ni  t  her  detention.     The  At  torne\  ( iem-ral 

Mcomnieiids  thf  same  coiu.M'.     ll.ive\(m  an\  facts  u  liieh  uoiild  justify 

i>;  in  (h'taiiiiii;;  her  ? 

d.  ('.   15.   DAVIS, 

Arliiiij  Si  III  hu'il. 


iti 


N  II.  vol  Ni; 


Inir,  I'liiUd  St<it> 


AinjiiHt  IS,  l.S«;!>. 

k  City  : 
lloriiet 


A.  11  KM). 
Attvrniy  Uimx' 


ll.    Ili(ii(iii\    L  ni'i'tl  Sliitrs  ihpitfi/   iiiniHli'd.   Id   Mr.   /'Vv/f,   Stir'fiirif  <>/ 

Stiff  r. 

T^Nirr.i'  Srvirs  Mai.'siiai.'s  Oi  rn  i:. 

,s«»i  iiii;i;.\  Disii.M    r  of  Ni.w  Vhi.'k, 

\rir    Yorh;  .\k(iiisI  I't.  IStiO. 

>ii;  :   Inchtsed  phiiM' lind  all   the  iiilormatittii    1    have  relati\e  to  tlio 
|H"iiic|.     As  the  Alloriiey-deneral   made  the  >^ame  re(|iicst  for  informa- 
I  a.^  tile  Slate  I  Jepait  lucUt,  wonid  il  not  l>e  well  lor  that  olhcer  to  svr 
iclosed  slateim'iit  'Voi;:  luir  det«'Ctive.s  " 


Kil 


■  W  11 


I  have  the  honor  to  lu-.  >ir,  v«'iy  H'specl fully.  ^:c 


linn.  Hamilt(>\  Fish. 


S.   i:.   MAIM.OW. 

lU'jmiji  Miirshitl, 


Srrrrtiini  i>f  Sfufc, 


o.>  A 


s:;  I 


iK'r.ATV  MF  \vA>m\«.n»\ — r\i'r.i;s  uritMi-ANviNt; 


r   '  ■--■■ 

k 


*f 


(11-]  '[liuliniin-  X.u  I.) 

Ml.   Ihirix  tit   Ml-,  /tiiihur,  rniftil  SfaUn  tMatshal. 

Nr.w  Y«»i;k.  .Xmiusf  1«»,  Isi'.n. 
I'l,"  \\(  IS  ('.  ll\i;i.M\V.  In'ittil  .st.it.M   M,ir»li.il.  \t  ir   >'..»/.  i'itii  : 

hl.Ai:  Sii::  111  rr;:;iii|  to  till' >«  i/iin*  ••!  tli**  '^Iimiiui  IIuiimI  :it  I'liil: 
tit  Ipliia  \*\  till-  I  iiitril  Si;ii«-<.  :iiiili<M'ilM-«.  "11  llif  :i.  III.  ol  Siiinl;i\ .  Aiil:ii« 
1>.  \Mii  « ;ill<ti  ii|Mi!i  iii«- :i%kiii;:  what  iiiliiniuiliiiii  1  havf  n  j::!!!!!!!;;  In 
Itfil:;:  tittiti  «ilil   toi   :i  ('iil>:iii  |i|  ;\  ;ilti*r. 

On  .liil\  ■'•I.  I  ii|M)iliil  ti>>oii  ili.it  till*  lloiiM't  Wiis  Ixiii;:  :it  tin*  .\:il 
oi*  Ntiitif  «\  i.ixv.  ill  K«'iisiii<:toii.  i'liilailflpliM.  uilli  a  liii;;f  iiiiihImi  < 
im  II  (III  iMi;ili|.  wlioUrlr  |Mr|iii:  lli;:  ||»-|  Imi  artixr  s«-|  \  jfc.  Slii-  \\;\ 
toi  iniil>  all  llliuli")!  l>l«M-kail«-  liiiilifi.  ali«l  dinili;^  llif  war  was  rapt  lire 
]•>  tli«'  riiit<*i|  Stall's.  I  al<Mt  ti>l«l  \t»ii  nil  till'  saiiir  dale  tlial  \\«-  ha 
iiitoMiiatioii  that  a  <'a|>taiti  K^liii;:.  i>l  l'liiia«i«-l|ihia.  Iiati  Ih  i  n  lalkiii;:  t 
a  Pclauaic  i>a>  pihit  in  ii-;:ai«l  to  taking  a  '>li-aiii>hl|)  out  u!  the  pnit  i 
Phil. xh-lpiiia.  ami  th«-  |tili)t  ha«l  .i;:i«-«  il  In  )>]arc  hn  uiit^iiir  ot  t lir  lu 
toi  tin-  Mini  4(1  j«.".iio.  'I  In-  '>tiaii><-i  liiat  <'a|itaiii  Ksliiiy  rfliMicil  to.  w 
altiiwaitl  h-aiiMii  tmiii  ti:**  >aiiif  antliitiily.  was  tlir  lloinrt.  <) 
[I  ll»|  -\ll;;ll>t  I.  I  l<'|»«»|  t«-il  •!••  \iHI  til. II  \»i*  w»-li'  >lill  k»-r|»lli;i  watt  h  t 
ihrM-sM-i  whirh  wa- filliii;:  i>iit :  llial  yn-at  irtiroiMM- was  oli.v  rv«*( 
lis  t.t  luT  tiotiiiafiiin.  '.••nil'  of  tin-  parlifs  '»ii\iiij;  that  ^Iw  wav  iiiI<miiI»m 
tor  thr  r.ilitornia  mail  ^civ  in*.  otli«-i>lliat  >ii*-  wa^  iiiii-ml«-i|  t'nr  tli 
\\  ••»!  Imlii's.  aihl  otln  r>  that  >Im-  was  ;:<tiii;:  to  I'nlia. 

<  hi  August  II.  wi*  IfaiiM-ii  that  one  f>l  th«-  AiiM-iieaii  otVicri's  who  li;ii 
Im-iii.  .i:iiI  i>  now  .  roiim-rtfil  w  ith  ilic  t  'iiii.iii  .iuiita.  Iiaii  saiil  that  li«-  ii.n 
soiia-  iiitoi  malioii  woilh  to  ih*-  .li:itl.i  .M\iial  thoii>aml  tlollais.  ami  i 
thc\  «iiil  not  tn-at  him  jiioli\.  h«- woii!t|  «h\iil^i-  the  srcirt.  (i<'iii'i',i| 
1;^ii;m  io  Air.iio.  \\h«»  ha"*  U-t-ii  airfstt-*!  lor  a  iuiMrli  <•!'  tin-  m  iili.il 
law  s.  a  II*  I  w  ho  i<«  oiitor  tin-  rnl>aii  .limta  in  lhis<-il>.  ImmdI  of  t  he  iIim- 
whu-ii  this  otlh't'i-  was  making,  ami  an  aii;:t\  altnr.itioii  i-nsticd  hitu: 
tin  III  i«-;_Mnliii;:  it. 

On  .Vii;:a>i  I  i.  tt  ua>  ri'iHutfil  aioiiini  lh«*  «h»<-ks  at  w  hirh  tiif  lloiii 
wa>l\iii^    that    >hc  woiiltl  rU-ai    t'oi    il.ihtax.  ami   thru  uo  to  < 'iil>,i. 
hir,::«-  <|itantil;  «>t  liaiil  l»it-ail  aiai  <-aiiiii-«i  t'liiils  wim<*  put  on  lioai<l.    T 
im-ii  at  woik  on  In  r  wiiiiM   not  hohl  aii>  (-oiixt-i^atioii  with   >ti.iii. 
Iiiloi  III;  tioii  wa^  al-Mi  olitaim**!  that  lii«'  rirw  h.ul   Itccii   [>aiii 
\l'^^    •••aril.     .S<iiii«'  aiti(-If>  wi-n-  |iiil  on  hoanl  whi«-h  v.«m«-  siippovid 
Im-  ;;rap|'!inL'  litMik.-.  Jiiit  tin  \  att<-iwai<l   ]»io\iil  to  Im-  hoiit  lio.. 

Ill  tin-  ji.  III.  ot  !lii«  liatf  tin-  lioiiti-l  wa-^  picparin;:  t«i  ;:i'l  a\\a.\.     T: 
p.  III.  in  Si'W   \  oilv  till-  AiiifiiiMii  ot1it-«-r  roiim-4-tftl  with  the  .liiniii. 
iiad  said  on  the  tith  that  hi-  had  xaliiaWh*  iiilotinalion.  xaliialih-  i  '  i 
.Iiiiit;!,  saiil    that    Aimiitaiis   who   w*-ri*  •-oiiii«*«-|im|    witti   tin-  .liiiitii 
tillrd   oiit  a  pii\.il«'i-i  tor  thf^'iiinili  raiiM*.  and  that    >lii'  wa>  to  >,. 
ni;:ht  ortoiiioriow  I'rom  l'hil.id<-lphia. 

i:ail\  this  a.  III.  ot  tlM>  I'ifh.  iii  rhii.ith-lphi.i.  Wf  had  information  ; 
tlif  I  Jonirt'.N  •^■.i.  -  wa\  ha<!  In-fii  i-idai;:t'4l  and  ;:^aiiy  pl.ink>  |mii  on  !i>'.ii 
that  In  r  t'ii.!.'im-»'i>aiid  riiw  wt-n-  to  nuiiilifr  !oil\  t  wo  im-ii.  and  llii:  >| 
aitnaiiu'iit  would   \h'  if<-fi\«'d   at   M-a.     r|M»n  Aii;:ust  l."»,  .1  a.  in.  " 
datt'.  iiini   wrii-  ;:oiii^  on   lN>ard.     Om-  who  wriit   on   hoard   in  :i 
.s|ioi!tr«l  as  In*  Was  ;:oiii^  on.  *-Miirr:ih  lor  f'lilia."'     Altout  ."»..'lti  a.  i' 


hit  riiiladtlphia.  sti'aiiiiii;;  liowii  th«-  hav. 


In  the  liiiirv  ot  If 


:\  III. 


tram  laiimh.  L's  lut  hui-.  wa-.  h-lt  at   thi-  wharl  ol   Nralir  \  I.'  \.\ 
tin  niaihimi  \  tor  tin- laiimh  wason  iMiaid  th«- lloi  imI.     At  h-ist  tu 

tivi*  im-ii  who  Win- >hip|M-«|  torthe  cn-w  did  not  {jo  on  boanl.tlj 
[151]    liiiviii;;  *Ik-<'Ii  on  shon*  drunk. 


I'VNYINO 


,    llnliMl  :it   »*liil:> 
s  hii.-iit  tin-  >i".i 


ouMi.K  <\sr.  Ml'   I  hi:  iMir.i*  stahs. 


M'lVUf. 


Slir   \n:i-' 


,,,  out  omMi'-n  .'t 

.,.    olUM.l.-ot   \Ur\>M 

^Hiil:  iviniitl  |.».  \^' 
vx...  ll.r  llnV.Ml.    «'" 

[HI   kn'l»nji  ^^ :»«'''  "' 
.,„«-lir.-Nx:isoW>.rY. 

!,.„  >!,.•  \v;»>  ml''"'-"'' 
as   iiitrii.l««l    lor   li' 

li:i.  ,      , 

i,.;,M  otVirrV-  v\l"'     '"' 
l.a.Uai.l  Hi;.t  I."  !«  " 
„„>:ina.lnUiMS.  :tlM 

n„.    MT.vt.      *•.'"-' 
,..l,  ot  i!w  n.nti.iin« 
x.h,-:inl. .rHi.-tlnv.il- 


ih.Mi  liotoiulM. 
.,,.  put  'ni  l.o;U«l.      1 
,anoM>Nit»i  >tiii".-'';| 
vv  h.i.l  U«-.'ii  I'll"'  •• 

,,,i,.U  v.r.r  SIMM"-"', 

„v..HoiM-h.Mil..-;- 
,.,„o».. -n  ;i^vii>-     '"' 
.,1  NX  nil  111.- .« Ill""-  '':' 
M..ti..n.vahuM.-l-" 
,.l   NN,tl.  tin-  .I'li'l^'l'" 
l,.,t    >li.'  ^v-«^  '"  "' 

l.a.l  intonii;iti'>"  tn; 

ri.i.iii«^M»«»«"''l'":'^;:" 

,~Ax..im-i..;iuaili.|. 

.,„   on  l»«»ava  III  :«  ^   , 
•      Wu.nt  :..:'.«•  a. '"•^'"^ 

I  tot   Ni-atH'^^  ''    •   ,   1 
Ua  not  goon  lM'=<"l"' 


A  |iri>iii<ii«-tit  AiMciiiMii  ntliirr  roiiiuM'ti'il  uitli  tin-  .liMit:i  III  tills 
i-itv.  s.ixs  t'Kii  till-  lliii'!ii-t  <Iiti  not  iiiiiiiil  to  (mitn  out  ;!ti  <-\|>filiiioii  ot' 
lililMistfi^.  I»iit  tiiat  slic  \v;is  ii|tiii*iti|  to  :nt  ;is  a  |»ii\aliM'r,  antl  on  ac 
roiiiit  of  III  r  s«i/iir«-  tilt*  .liiiita.  alilioii^li  not  tlircctly  toniMM-tril  w  iili  lici, 
will  trati^ti-i  tlh-ir  I'n-M  oi'  I.iImu  ;o  tli<>s«>  ot' opi-n  | torts.  Tli.it  tin-  lloMict 
wan  a  |>i  i\at«-  riili-i  |>i  i>*-.  aii*t  rai  i  ii-«l  a  )«•<  t<'i'  iiT  Miai-<|iii-  IV' mi  <  'i-s|MMlf.s, 
wliirli  li-ttiT  wax  olitaiin'il  iliion;;;li  tin-  t'lilian  .liiiita.  That  Iht  Mi/.iiii' 
has  «li<4arraii;;fi|  tlf  plans  of  t  In- 'hnita.  ami  will  ri'taiil  tlit'iit'partni'c  of 
all  r\|M'i|ition  now  in  pioyrt'ss  ot'  coinitlft  ion.  Aiiotlirr  pioiiijiicnt  Aiiirr- 
iraii  olVniT  of  t!n'  .liMita  >ai<l  _\t>lfitia>  that  a  ti-lf-iaiii  ha»l  Immii  ri'- 
(•••ivt'tl  !•>  thi-.liiiita  t'roiii  I'hilath-lphia.  tin*  pnrpoi:  of  whirh  was  that  any 
ainoiiiit  of  >rfmii\  wouhl  Iifnivm  lor  the  llornft.  aiiij  nn'inln'is  of  t  In* 
.inula  »-otilii|«-ntl>  r\|MM  trtj  that  >hr  uoiihl  l>r  ulrascd  to»!ay. 

Tlif  .liinta.aml  partifs  coinuMti'il  with  tiicni  in  thoir  llliimst«M- 
!  l."»L''  inu.  ar«*  vriy  irlicmt.  and  Ufcp  tin-ii  plans  s<i  iiiiich  *to  t!niMsclv«*s 
liiat  it  is  \.Ty  hard  woiU  to  ijft  a  thoioiiuh  Uiiow  Uduo  of  >\  hat 
flii'V  an-  doiiiix.  It  is  a  iiioial  n-rtiiiity  that  this  vcsm-l  was  inlf-tidcd  tor 
.1  pii\  at«'«-r.  liiil  if  will  Ik*  vrr\  tliilhult  to  ;:<'t  rnon^'h  h',:xal  Tt'stiinony  to 
hold  hi-r.  I  ha\i-  int'oi  inatioii  t'rom  i'liil.idclphia  that  <icniM-ai  (ni'^oi-y, 
tin*  I'liitrd  Si.itrN  marshal  at  that  plan'.  ha>  made  ti*  tin-  State  hrpart- 
noMit  at  W.iNhiiiutoii  a  lull  irpoit  of  thr  s«'i/.iu«'.  and  what  was  fnimi  oii 
Itoard.  .Mid  I  am  now  ••xpt-rtiii.:  trotn  oiir  siipcrintriahMit  in  I'iiilath-lphia 
.1  n-poi5  i;i\  iii;^  tin*  naiiH's  ol  .ill  tin-  p.irtit  >  on  Itoaid.  and  whfilici  lln-y 
.III  !»«•  idrntilii-il  as  lia\iiiLr  I'm-h  lonin-rtrd  with  aiis  liliinistniny,' «'.\|h' 
ditions  in  tin- p.is*.  A!tli<»ii-Ii  wln-n  sri/cd  sin*  li.id  otijx  fi\o  im-n  on 
iioaid.  \»t  tln'M' Writ'  pio\  isioiis  cnoii;.'!!  t.M  live  hiiinlrrd  luia  vo\a;^»'of 
•\\o  or  tliiit- wi'ck^.  As  soon  as  1  rt'ctivf  niitlicr  iiilorinatioii,  I  will 
-|M'rdil\  ronvi'V  it  to  \on. 
Voiirs.  tinh. 

11.    W.    hA\  l'^. 

Stuiii  iiitnuhut. 


\y.\\       "Mr.  Horlnir.  tUituhj  I  ullvil  Shifts  murxlidLfo  Mr.  Flsli.  Srcntorif 

i./Stntr. 

T'NiTi:i>  Sim  IS  M  \i!sir\i*s  oriK  i:. 

Sin  iiii.i:.N  D'siijn  I  ••)    Ni-.w  Vmi:k. 

\,ir  Yorh;  AmiKst  jii.  ISll'.J. 

SiK:  1  hav»-  tin- honor  to  forward  tin*  foUowin- additional  iiifiH  iiiati<»ii 
i.-lali\f  to  till-  ll.nnrt.  -.ithnvd  hv  m.\  drtcctives.  I  ha\  <•  r.li'-iaphrd 
'.on  th.it  .Mi-Nnlt\  and  hiiMos.-,  w  lio  i.n- >aid  tolicon  lioard  liif  llnint-i, 

..ri-  ani'>t«-d  In-n'  tor  a  violation  oi  tin'  iKMitralily  laws,  and  \\<  le  dis- 

liar^ri'd  on  tin  ir  ow)i  rrro-nizancf. 

VrlV  rrsptttllllh  . 

S.   i;.    IIAK'I.OW. 

Jhjiutif  Morshdl. 

lion.  H AMI!  TON  Kisii. 


Mr.  I 


ni'!'  < 


(  Im  Infill.-  No.  l.J 
/..  1//-.  Jl'ulnir.  Initni  Sfatcn  miirshaL 


NrA\  ViiKix.  AiitiKst  10,  ism>. 
1  of  thisdatr,  1   hav«-  rtciMVcd  iiifor- 
Iroln  IMiiiadfiphia  that  'Doctors  Mi-NuUy  and  Dnr.oso,  who  were 


hKAU  Sill:  Siiu-o  my  tirst  ri'por 
nation 


^> 


*>. 


IMAGE  EVALUATION 
TEST  TARGET  (MT-3) 


1.0 


I.I 


S10 


IM 

|Z2 
2.0 


1.8 


1.25      1.4      1 6 

^m 6"     

► 

.^ 


V] 


v 


.9 


>y 


C*. 


'c>^ 


O 


A- 


'-^' 


^     ^/a 


"# 


/ 


Riotographic 

Sciences 
Corporation 


33  WfST  M>MN  STr-fl 

WEBSTER,  NY      4'iM 

(716)  •72-4i03 


,*^   «?x 


"^'     #j: 


7.A 


<> 


!^r.()  riJl'.AlV    OF    \VAS111N(;T<»N r.M'KK'S    A((().\[|'A\VIX<! 

anvstcd  in  this  city  lor  a   bifacli  of  (lie  luMitrality  laws,  iiiid  re 
[l."4J    Icasi'd  on  IImmv  own  r('('o<;ni/an<'(>  *to  keep  tlu'  pracc  of  tlic  rnitcd 
States,    w«'i('    loMiid    on    hoard  the    stcanuT    lloiiict.    in    IMiila 
dclplii.i.  nndcr  tlic  assnnicd  naun's  of  I'.rooks  and  Perkins,  lia\  inu'  been 
taken  on  board  at  Clu'ster,  Pennsylva'nia,  after  the  shi[»  had  left  Phihi 
delj)Iiia. 

i'lierc  is  nt»  mistake  about  tliese  men,  because  F  liave  h;id  theai  i(h'n 
titieil  !!y:ip;iit\  who  knows  them  well.  A  jtromiiM'iit  »»!li<'er  of  the 
.Tnnia  said  yestei(hiy  that,  they  were  IouikI  on  board,  eousefpiently  I 
dispatched  a  party  from  here  to  ich'iUify  tlu'in.  Captain  IJ.  A.  K'and. 
wlio  was  on  boar<l,  says  lie  is  the  owner  of  the  Hornet.  A  dispatch  was 
sent  by  Marshal  (irciiory  from  roi'tland  to  lind  out  if  the  captain  wa^ 
resi)onsible.  The  answt-r  receiveil  from  there  is  that  he  is  not  r<'si)onsi- 
ble  for  one  dollar. 

It  is  also  asceitained  that  there  was  no  bill  of  sale  for  the  \essel  filed 
at  the  <nsiom  house  with   the    Hornet    pajx-is,  eonse<pn'ntly  the  itaper> 
were  V.  iilidiawn.     After  the    Hoi'iiet  was  captured    by  the  (iovernmen' 
slie  was  used  for  soum'  time  as  a  yavht  lor  the  lat(^    President   Lincoln. 
As  1  iiifctrnu'd  you  in  my  pi-evious  report,  Captain  I'^sliui;'  ottered  a  Dela 
ware  J'»ay  pilot  .'j<.->00  to  talvc  her  outside  the  bar,  leaving'  an  impiessn)ii 
on  the  pilot's  mind  that  she  was  on  sonu'  ille,i;itimate  busiiu'ss.     ( 'aptaiii 
Eslin^was  found  on  board  in  command.     He  is  an  old  Philadelphia  sea 
captain.     The  jiihtt's  name  is  Maull. 
Yoius,  lespecttully, 

ir.  W.   DAVIKS. 

tSKinrottt'tuk-iif. 
Francis  C.  1>ai;i.(>\v,  iCs<(., 

(iiiUtl  Shttcs  MaisJial,  A'r/r  Vork. 


I.i:.\()X,  MASsAciirsKTrs,  Amjiist  I 'J,  is<;',>. 

Sn; :  I  have  the  honor  to  acknowled;;e  the  receipt  of  your  tele,i,'rani  of 
yesterday.  in(piirin;^'  for  infornnitiou  touehinj;-  the  Hornet, 

I  had  already  reeeix'ed  a  telegram  from  the  Sceretar.\  of  State  askiiiu 
for  the  sanu'  informal  icm,  ami  had  directecl  it  t<»  i)e  tele,L:ra|)hed  frimi 
New  York,  and,  therefore,  as  1  tele<iraphed  ycui,  1  <lid  not  suppose  yoii 
would  re(piire  tin   information  to  be  sent  to  you. 

On  I'riday  last,  1  tele/^raphed  the  Philadelphia  marshal  that  the  Hornet 
was  suspected,  lea\  iii;^'  it  of  course  to  him  to  investigate  and  <letain  ii 
lie  saw  lit. 

I  still  think  that  the  vessel  is  bent  upon  nds<'hief,  thou^ih  possibl_\ 
there  may  not  be  sullieieid  e\  idenee  to  warrant  hei'  condcni'iation. 

How<'ver,  all  the  facts  we  have  ar«^  by  this  tiiiu'  belbre  you  for  yom 
Mecision.  In  regard  to  stopping' vessels  by  the  execntive  .dliceis  nut)' 
the  cases  can  be  invest i;;ated  l>y  the  iawolliceis,  1  have  always  acted 
«Mi  the  piineiple  that  it  was  best  to  be  «m  the  safe  side,  an«l  that  it  wa> 
better  that  a  vessel  here  and  there  sluudd  be  detained  for  a  day  or  two. 
than  that  anything;'  should  escape. 
\'ei  v  res[M'ct  fully, 

FUAXCKS  C.  PARLOW, 

UniU'il  ISftttcs  Maixhal. 

Hon.  H.  W.  HoAiJ, 

Attorney  (icneral.  * 


M PAN Y IXC 

nility  liiws,  ;iiul  r< 
IM'Mci'of  the  iMiittH; 
Hornet,   in    riiiUi 
rkins,  li;ivin^-  lu'ci! 
;liip  IkhI  left  rhihi 

iiv<'  li;ul  th(':n  u\vu- 
lu'iit  ollici'i-  of  111" 
,1(1,  <'oiis(Min('ntlv  I 
iiptain  l'>.  A.  Kand. 
't.  A  (lispatclMViiN 
if  the  captiuii  wa- 
t  he  is  not  res[)onsi- 

>  for  the  vessel  tih'<l 
e<inently  the  papers 
by  the  (lovernnien' 
l»resi(hMit  Lineohi. 
slin<;-  otVered  a  Dehi 
ivin,u'  an  impression 
■  Imsiness.  Captain 
i)hl  IMiihidelphiasea 


\v.  i)AVii:s, 

ISiipcrhttcfKU'iit. 


COUNTER    CASK    OF     TIIK    IMTK-l)    STATKS. 


sr,7 


iir,  Aff(>)-n'!i(l<  lUiK  . 

of  your  teh'.t,'rain  <' 
oinet. 

ary  of  State  asUiii. 
)e  teleurai>he<l  from 
(li«l  not  suppose  yo' 

>hal  tluit  the  llorui: 
ili,uate  and  detain    i 

lief,  thon-ih  possihI> 
(•ondenination. 

belore  ;.on  for  yoiii 
rentlve  ollieers  »>nn| 

have  always  aetf' 
ide,  and  that  it  bil- 
led lor  a  day  or  twf 


('.  ilAlJLONV, 
'<lt(l  ^States  Miiifflml 


|1.")0]  ""Mr.  Fiildj  Aetiiif/  Altoniri/-Grncyal,ti)  Mr.  Ihtcis,  Avtiny  Sirntanj 

of  State. 

Wash iN(; TON,  Auf/ttst  UK  isti!), 

SiK  :  1  have  the  hoiH)r  to  transmit  herewith  a  lett«T  from  the  assistant 
United  Stales  iittorney  at  IMiildelphia,  w  ilh  an  ineii»snre.  r<'latin,i;  to  the 
(•ase  of  tlu^  steanu'r  Iloinet,  which  you  are  reiiuested  to  retain  when 
\oii  have  done  with  it. 

\'erv  respecifuUv,  «S:eM 

w.  A.  Fn:i>i). 

Aitiinj  Attoiiuy-dtmral. 
lion.  ,1.  ('.  15.  Davis, 

Acthuj  Sccirtdri/  of  State. 


[Iiicldsuif  No.  1.] 

Mr.  Valcntiiu;  assistant  ilistrict  attorney^  to  Mr.  Fidd^  Avtinrf  Attorney- 
General. 

Office  of  United  States  Attorney, 

Eastei;n  J)istijict  of  I'ennsvlvania, 

riiiladelphia,  Auyust -20.  ISO!). 

Sir:   1  have  the    honor  to  inclose  herewith  a  copy  of  a  telegram  re- 
ceived by  Marshal  (ire<;'ory. 

He  states  that    Dullose  and  McXnlty,  the  parties  mimed  in  the  tele- 
.uram.  are  on  board  of  the  Hornet. 
N'erv  respectfnllv. 

JOHN  K.  A'ALKNTINK, 

Assistant  i'nifcfl  States  Attorney. 
lion.  W.  A.  I'^iEi.i), 

Acting  Attorney-General. 


fl.'w]  *[liicl(>siir<' No.  •,'.] 

Mr.  llarloir,  deputy  marshal,  to  Mr.  Greyory.  marshal. 

New   Voki\,  Anyusf  1!»,  ISdlK 

K.    M.   CilIEiiORV, 

United  States  Marshal,  1  t.'JS  Xortli  Thirteenth  street  : 
DnUose  and  M(!Xulty  were  arrested  ,lnne  L*.)  for  a   violation  of  neu- 
trality laws,  and,  after  remainin;^-  in  Jail  some  time,  were  dischavj^ed  on 

'.heir  own  reco^^nizaiice. 

S.  j;.  HAIM.OW, 

l>c)nity  Marshal. 


Mr.  Hunter,   Seeond   Assistant  Se<-retary   of  State,  to   Mr.  Field,  Acting 

Attorney-General. 

Department  of  State, 
Washington,  August  2 

Dear  Sir:  In  view  of  the  douDtwliich  may  yet  remain  in 
the  Hornet,  from  the  fact  stated  in  the  inclosed  commnnicati* 


.»(), 

imK 

the 

case  of 

ons 

of  the 

838 


TKr.A'PY    OF    WA.Slll.\<iTO\ I'Al'ElfS    A( 'COMPANY  IN(; 


-1  *(. 


lOtli   iiisliiiit   from  ^fiU'slial   TJiiilow,  I  prctor  not  to  tiilcc  tlic  rcspoiisj. 
bility  of  iidvisiii^  her  iclciisi'  in    iul\ Miicc  of  tin'  iiriiviilof   Mv.  Davi.-, 
who  is  txpcctcd  to  ivtniii  to  night. 
Vi'iy  truly,  yours, 

w.  m  N'n.i:, 

iSi'l'ond  .[■ssisliiiit  Si(i-cf(iri/. 
lion.  Wm.  a.  Fikli), 


|1.~)S]    *.Vr.  Fiild,  Acdnfi  Affonirif-drncnil,  fo  ^fr.  Smith,  district  tiffurnci/. 

['IVh'jiiaiii.] 

I 

WASIIINCTON,  Alli/K.s/  '2]^   l'^!)!). 

A.  H.  Smith,  Es(|.,  Initid  states  AttoriKi/,  I'hitadctphin  : 

John  Fallon,  ('S(|.,  says  that  William  IJand  will  make  all  (h'sircd 
oxphmations  ivlatinj;'  to  tlu' stcanirr  lloinct.  Sec  lland  ;  caution  him 
tliat  he  need  make  none  ntdcss  he  dcsiix's  it,  and  that  tlu'V  may  We  used 
aj:ainsr  him.  'riuMi  tako  down  all  ho  choosos  to  say.  and  sond  horo. 
Tiio  lloniot  must  m)t  ho  roloasod.  oxfopt  on  the  order  of  tiio  hoad  of  a 
Dopaitmont,  and  tho  marshal  will  put  hor  in  the  custody  of  iho  Na\ y 
Doparfmont  w  honovor  a  naval  ollicor  is  authori/od  to  iccoixc  her. 
Show  this  to  tho  marshal. 

W.  A.   IMF  LI), 
ActiiK/  Attoni(ii<icti(rul. 


Mr.  Dacis,  AvtiiKj  Sixrttary  of  State,  to  Mr.  Harlo/c,  i'nitcd  States  mar- 

slial. 

L'lVl.'^riam.] 

1)i;iv\i;tmknt  oi'  Stati;, 

]Vasltiiii/t<nt.  Seiiteiiilier  ll*J,  lS(i!(. 

Fkancis  C.  IJaim.oW,  rnitcd  states  M((rslial,  yea-  l'o*7.- ; 

Voni'  letter  is  rocoivod.     Tho  Attornoy-donoral   will  instruct   you  tc 

continiU'  olisoivat ions,  with  directions,  ami  will  secure  tor  you 

[ir>!>|    t'urtlier  use  of  *rovenuo  cutter  and  naval  foico,  so  far  as  p(»ssil)le, 

\it\i.   must    prevent  any  lilihu.^terinj;'  expedition   tj'om    lea\  iny,  (.r 

from  Join  in, 14  the   Hornet,  which  you   icport  as  (Uitsi(h>.     The  Attorney 

General  w  ill  ;;i\»'  yon  special  instructi(ms  on  tho  jtoinls, 

J.  C.  IJ.   DAVIS, 

Actiinj  Seeretari/. 


Mr.  Ifo"r,  Attoriieydeneral,  to  Mr.  Ilarloa'^  United  States  inttrshal. 

Washington,  Scjitcmlier  l»!»,  ISd'.i. 
Siu :  I  have  the  lionor  to  m-knowlod-ro  tho  receipt  of  your  letter  ol 
yesterday,  rolatinj;'  to  expodilimis  for  (.'uUii  in  violatitui  of  the  neutral 
ity  laws,  aiid  of  your  telei^ram  this  morinng  respecting-  the  steamoi 
Jlurnet. 


CAW  INC 

kc  tlic  i('si»onsi-        / 
al  (»r   Mv.  l>avi>. 


iirNTi:i:, 

,s7((///  Si(r((((rii. 


I'OlNTKli    <'AS|',    OK    'iMIi:    INni:i>    SIA  ii:s. 


8:iO 


i,(Ji.slii(i  athrnuj!. 


tin  : 

iiiiikc  nil  (Icsircii 
iiixl  ;  ciintioii  him 
tln'V  may  1h'  usimI 
y.  and  scud  lu'ic. 
V  of  tlic  lnMtl  «)t'  a 
tody  of  lilt'  Xav\ 
,1    to   i('C('i\f    lifi. 

A.   i'lHId), 

{ttonttii-drtni-al. 


"niteil  Stati'i  mar- 


SrATi"., 
>,tn,ihrr '2\\  ISO'.). 

>rk  : 

il  iiistriici  you  to 
ill  st'ciuc  lor  yoi; 
so  lar  as  ixtssihli'. 

1   Irom   Icaviiiji',  <'^' 

»'.     The  AttoriK-y 

ts. 

n.   DAVIS, 

ActiiKi  Strit'tnry. 


,St(ifcs  iiKirshal. 

I,tcmhfr  L".>,  ISdlt. 
)t  of  your  letter  ot 
ou  ol"  the  lu'utiiil 
(,'tiiig  the  steiiiUL'i 


\ 


AVhih^  Ihe  stcaiuei'  lloiiict  is  on  tin-  lii-,di  seas,  not  haviiij,' left  our 
ports  uMlawliilly,  I  can  sec  mo  authority  in  law  for  scixiny' her,  uldess  she 
is  an  armed  piratical  vessel,  and  \vc  have  nodiity  rcspcctin;;-  hcrdilVcrcnt 
from  that  which  liclon^s  to  all  civili/ed  ;;ovcVnnuMirs.  Tjntil  lurther 
evidence  or  information  is  icccivcd  c((m'crnin-  hci,  I  .lo  not  sec  that  wo 
are  called  upon  to  employ  tin-  nav.il  forccof  tlie  Tnitcd  States  in  arrest- 
ing-oi- detaining;  her.  i;m  it  is  onr  duty  under  the  nciii rality  laws  to 
prevent,  if  possihlc,  the  dcpiriurc  of  any  e\p.-dition  Iron  tiiis  c,>nntry 
of  a  hostile  chaiactcr  against  a  nation  with  which  we  are  at  peace. 
fKidj  *I  therefore  desi-.e  that  yon  shall  do  all  in  yoiu-  power  to  pre- 
vent any  sn(  h  expeditior.  Joininn'  the  Hornet.  i>r  in  any  maiiuer 
violalin;;' the  laws  of  the  country,  and  you  aie  authori/ed  to  employ  a 
revenue  cutter  whenever,  in  your  Judu'ment,  it  shall  he  necessary  to  ac- 
complish that  object.  The  Secretary  of  the  Treasniy  informs  me  that 
he  has  ,uiveu  oiders  to  furnish  a  reveiuie-curter  whenever  you  ai)i)Iy  for 
it  for  that  purpose. 

\'ery  res[»ectfully, 

E.  II.  IIOAK. 
Atlonuii-ticiii  ml. 

FkA-NCLS  C.   15ai;l()\v,  Ivsip,  f^uKcd  Stah.s  Murshxl.  Xnr  I'm']:  Citij. 


^fr.  li'trltur,  Uniti'd  Stutcx  )ii(in<liiil,  fo  Mr.  ILno'.  At^itnn [/-(Jriicrul. 

UMTKI)    SiAI'KS    .MAI.'SIIALS   OFI'ICH, 

SOUTIIHIJN    DiSTIJUT    OF    NEW    VoKK, 

Xnc  Yorl\  Octolnr  1,  l.Sd!). 
Srij :   I   liave  the   honor  to  acknowle']M(.  fij,.  receipt  of, your  telegram 
of  Septendier  !.".>,  inlormin,:!;'  nu'  tiiat  the  Secretary  of  the  Treasary  has 
[tlaced  a  cutter  at  my  disposal  when  1  call  for  it. 

There  are  \arious  rumors  to  the  eilei-t  that  the  Hornet  is  outside  ; 
also,  that  supplies  and  some  men  had  joined  [wv  at  su'ndry  times.  If 
she    is   there,    1    have    uo   diuiht    that    these    last    rumors    are    well 

founded. 
|l(jlj  *A  lar^e  \<'ssel  lu-inii'  oil'  the  port,  it  is  imi)ossibI(>  to  picvent 
schooners  ami  small  boats  from  conveyin_u'  coal,  ^iuiis.  and  a  tew 
nuMMU  their  lud  Is,  and  .ycttini^out.  'I'lieic  are  t luce  ways  of  iitM tin <;• 
out  —  Hell  (!ate.  the  Narrows,  and  the  Kills — and  the  thiny'  when  carrit'd 
out  in  tliis  small  way  caunot  be  stopped.  The  only  way  is  to  clear  otf 
the  coast  the  vessels  lyin.:i:  in  wait. 

It  is  also  ruuHtrcd  that  on  Saturday  ni,uht  last  a  lar^e  number  of  men 
W(Mit  out  as  an  exp«'dition.  I  have  no  reason  to  believe  that  this  story 
is  tru(^ ;  but  there  was  nothiuji'  to  prevent  it. 

Oil  Saturday  last  all  the  re\enue-cutters  wer(^  withdrawn  from  uiuler 
luy  orders  aiul  remove«l  friun  their  stations  in  the  liarbor  without  any 
iiitormatioii  to  me  of  the  fact. 

I  only  accidentally  found  it  out.  and  the  harbor  has  since  that  time  been 
free  from  (uitTeis  and  detectiv(>s  to  stop  anythin.ii'. 

If  the  Hornet  <'onu's  into  ttur  waters,  and  there  takes  on  board  coal, 
jiuiis,  amiuiiuitiou,  crcw,  or  stort's  to  assist  in  her  fittinj;'  out  as  a  i>ri- 
vateer,  I  understand  her  action  to  be  within  the  third  section  of  the 
neutrality  act,  and  ille;;al.     And  if  I  liiid  that  she  has  doiu'  or  is  doiiij;- 

these,  I  shall  deiaiii  her,  unless  otherwise  ordered  by  you. 
[102J        The  district  attorney  agrees  with  me  in  this   iii*terpretatiou  of 
the  law. 


I 

■fi' 

5. 


m 

i. 


'  f 


I!* 


'id 


84(1  IHKATV    OF    WASH  lN(i  ION |-A1'1;K\S    AC  (OMrANVING 

Oil  aiiy  otlirr  lliooiy,  ii  vessel  niiulit  Iciive  tlii^  l-]iiulisli  ports  wholly 
innoci'iit  ill  licr  coiKlition.  iiiid  take  on  lioaiil  all  lier  annainent  anil  sti|)- 
])lit's  in  onr  liarhor  \vitl(oiil  \iolatin.u  onr  neuliality  act. 

1  suppose  llie  Mnlerpe  will  sail  to  <lay.  I  should  not  have  made  any 
question  of  her.  and  siioidd  Imve  allowed  her  t(»  s;iil  (puetly.  (as  loni;-  iis 
she  must  sail,)  had  1  not  supposed  sjie  was  laden  with  ■;uns  for  the 
Hornet. 

Paulding-,  Kend>le  »S:  Co.  had  not  m)tirn'd  nm  that  the  ^uns  were  yoin^' 
in  her,  and  I  at  lirst  suspected  tiu-y  were  for  the  Cubans. 

1  have  just  sent  the  revenue  cutler  Sewartl  to  look  up  the  Ffonu't, 
with  instruelioiis  that  if  she  is  found  an\  where  within  three  mih's  ol' 
onr  coast,  that  she  shall  1m'  detained  if  she  is  or  hti.s  hccii  enjiimcd  in 
receivinji'  from  .Vnu'rican  ])orts  arms,  men,  .nuns,  stores,  or  snp|>lies. 

Jf  she  has  received  ani/  ixirt  of  her  '■\l'iin\ishhui  or  /iltiiif/  tuif'  in  our 
waters,  I  think  she  is  linlde  to  seizure  under  section  thi'ci^  of  tlu'  neu- 
trality act,  even  thou;;h  you  do  not  lind  her  within  our  v.at«M's  ;  hut  the 
distrii't  attorney  thinks  she  had  better  not  be  touchetl,  unless  wo  lind 
her  within  a  mariiu'  leauin',  and  therefore  1  have  so  ordered. 
\'erv  resix'clfullv. 

FKAXCI8  C.  r.AlfLOW, 

r lilted  iSUttcs  MarxhaL 

H(m.  K.  1{.  Ho  A  I?, 

AHonici/(f<ii<:ri(L  ]V<hsIii)i(ffo)i. 


'1- 


E-'  ,'l  ~i  --^ 


\\m] 


Wtirr(()i(  for  (he  <(rri;st  of  (he  Unmet. 


%^' 


I 

lii: 

ill' 


r>"iri^i)  States  of  Amhkica, 

State  of  Xorfli  Carolina  : 

To  the  United  States  marshal  for  the  district  of  Xorth  Carolina,  or  his 

lawful  (h'lmty  : 

A\'hereas  information,  upon  «>ath,  has  Immmi  made  by  Denard  Ifumley 
to  nu'.  Allen  IJuthertbrd.  I'nited  States  commissituier,  that  the  steanu'r 
Lady  Sterling,  <(///f,s  Ilorui't  and  Cuba,  or  by  whatever  nanu'  called,  has 
been  litte«l  out  an«l  armed  within  the  Hunts  of  the  [Juited  States,  and 
is  now  en^iajicd  in  takinji  in  coal  and  supplies  in  the  Ca|)e  I'ear  IMxcr. 
at  or  near  SndtliN  ille,  Xoith  Caiolina,  for  the  ])urpose  and  with  intent 
to  (;(uumit  hostilities  against  the  subjects  and  property  of  Spain,  with 
whom  the  Cnited  States  are  at  jieace,  and  partii-ularly  that  the  said 
stciimer,  Uov  otUcers  and  crew,  are  lifted  out.armeil.  and  ory;ani/-.'d  v/ith 
intent  to  «*omnnt  hostilities  a;;ainst  the  people  and  property  of  the 
island  of  Cuba  in  said  ishuul  and  upon  the  hi.uh  seas,  as  a  privat.cr ; 

These  are,  therefore,  to  conumind  you,  in  the  name  of  the  I'resitU'Ut 
ol'the  United  States,  to  summon  sucli  force  as  may  be  necessary,  and  to 
seize,  arrest,  and  detain  in  youi'  custody  the  steatiier  Lady  Sterliuu', 
alias  Iloinet  and  Cuba,  or  by  whatever  imnu»  t'alled,  s(»  that  you  have 
it,  and  there  before  nu;  to  answer  the  <*harjj[e  of  violatinji;  section  .»  of 
the  neutrality  laws  of  the  United  States  ai>proveil  April  20,  1S18,  within 
tlu'  time  prescribed  by  at  Wibninf^ton,  in  the  State  of  North  Carolina. 
Herein  fail  not. 

Given  under  my  hand  and  seal  the  4th  <lav  of  October,  l.S(5U. 

ALLEN  KUTHEUFOIH), 
United  IStatett  Commissioner,  District  of  Morth  Carolina. 


IPANYING 

;Iisli  i)()rfs  wlioll.s 

-iiiiniKMit  iiiid  sup- 

•I. 

ot  liiivc  iiKidc  niiv 

iiictly,  (lis  loiiji'  iis 

litli   i^nns  lor   the 

('  u'liiis  wcro  yoiiiii 

MS. 

lie  lip  tli«'  Hornet, 
till  tlucc  miles  ot 
s  hirii  (Miji;iu(Ml  in 
s,  or  supplies. 
fitfinfi  out"'  ill  our 
three  of  llie  iieii 
V  v.iitei's  ;  1ml  the 
>(1,  unless  we  liml 
rdeied. 

HAlfLOW, 

iStates  Mm-shaL 


' 


CinlJM'KR    CASE    OF    TilH    I'MrKj)    STATES. 


-S41 


li  Carolina,  or  his 

y  Denard  I'uinley 
',  that  the  steamer 
r  name  ealh'd,  has 
'nited  States,  and 
■  Cape  Fear  llixcr. 
s(i  and  with  intent 
rty  of  Sp.iin,  with 
iiiiy  that  the  said 
lid  or^Miii/>('d  with 
I  property  of  the 
as  a  privat.  er  ; 
e,  of  the  President 
'  lUM'essary,  and  to 
er  Lady  rtterlinu', 
so  that  you  have 
latiiifj:  seetion  ',i  of 
ril  LM>,  181H,  within 
[)f  North  Carolina. 

>l)er,  \m\). 
iUFOlU), 
North  Carolina. 


1 10 1 1     *Mr.  llartlni,  Avthui  Smrtari/ of  the  Trrnsury,  to  Gnieral  Sher- 
man, Act i It;/  Sccrcfarti  of'  Way. 

Till;  ;sii;v  DiiPAiriAiEXT, 

\Va.sliin()ton,  (h-lolxr  i,  l^V>\). 
Sii;:  1  have  the  Ik. nor  to  {laiismit  herewith,  lor  vonr  information,  eopv 
ol  a  tele-ram  n-eeived  at  tnis  Department  from  1).  Jfnmiev,  <'olleetor  of 
enstoms  :ii  W  ilnnn-ton,  North  Carolina,  under  date  of  ;;d  instant,  re- 
porting'iirrival  of  steamer  Lady  Sterliii-,  a/m-  Hornet,  at  Smithville, 
mouth  ol  (ape  Fear  Kiver,  for  the  purpose  of  ohtainiiu'- coal  and  pro- 
visions: also,  copy  of  a  telegram  from  this  Department  to  that  otlieer, 
under  same  date.  ' 

I  am,  vei-y  respectfully, 

J.  F.  IfAUTLFY, 

Actinrj  Srcrctari/  of  the  Treiusurn. 
Hon.  William  T.  SiiKiniAN,  "^ 

Arthaj  Secrefarii  of  War. 


[lll('l((Mll<'.] 

Mr.  J^nmlei/,  eoJlecfor,  to  Mr.  BontweU,  Secretary  of  Treasury. 

[TfloM-niiM.] 

Wilmington,  Nouth  Carolina,  Oetofn'r  ;},  1800. 

To  Hon.  ClEOlKiE  S.  lioITWELL, 

Secretary  of  the  Treasury: 
The  steamer  Lady  Sterlin-\  alias  Hornet,  with  one  liundred  and  sixty 
men  and  ollieers,  and  ei<>ht  .uiins,  is  at  Smithville,  mouth  of  tlie 
[UmJ    Cape  Fear  KM vor,  touehin;^- there  for  eoal  *aiid  provisions.    Ollicer 
of  enstctms  boarded  for  i)a|)ers  and  they  jtroduced  only  commis 
sion  of  Cuban  .uovernment.     She  is  lyin«4' under  Fort  Caswell,"  and,  witl 
the  aid  of  the  /garrison  at  Fort  Johnson,  she  can  be  stopped. 


th 


I  await  Vonr  instructions. 


D.  IJUMLFY, 

Collector. 


Mr.  Hartley,  Aetiny  Secretary  of  the  Treasury,  to  General  Sherman,  Acting 

Secretary  of  War. 

Tmixavny  Department, 

Washinyton,  October  4,  1800. 
Sir:  I  have  the  honor  to  ti'ansmit  herewitli  a  copy  of  telegram  re- 
ceived from  Collect(U'  liumley.  at  Wilminuton.  North  Carolina,  oiving 
additional  information  re<4ardinj;'  steamer  J^ady  Sterlin,u',  and  requesting- 
that  the  recpiisite  authority  be  <>iven  the  marshal  for  obtaining-  co- 
operation of  the  military  in  the  case. 

I  have  to  request  that  this  authority  be  granted,  or  such  order  issued 
aw  may  be  deemed  necessary  to  secure  the  deteutiou  of  the  vessel  la 
question. 

I  am,  very  respectfully, 

J.  F.  HARTLEY, 
Acting  Secretary  of  the  Treasury. 
Hon.  W.  T.  Sherman, 

Acting  Secretary  of  War. 


iX, 


ft 


lu 


U 


84-2 


TUKATY    OF    \VASiriN(iT(^N I'AI'KKS    .\<'(  •()M1'ANYIN( ; 


[KKi]  •[luclu.Hiir.'  No.  I.J 

Mr.  fiinnli'!/.,  cDllvcdtr^  to  }[r.  lioitfircll,  Sccrctdri/  of  (he  Trciisnrj/. 

[T»'lo-i:mi.] 

WiLMiN(iT()N,  North  Carolina,  (ktoher  1,  ISO!). 

To  Hon.  (Jkokoe  S.  Uoitwkli., 

Sccrctiiri/  of  tlir   Trcitsury  : 

A.s.sistant  A<ljiitiiiit(!<'iH'r;il  .1.  \N'.  Taylor,  at  Atlanta,  tch'^^raplis  to 
Lii'iircu  iiit-C  )lo!ii'l  li.  T.  I'^raiik,  ill  (' )iii  II  iml  ol'  troops  a'  Smithvillc, 
that  the  iiiaislial  iiiiist  apply  t(»  tlic  authorities  at  \Vasliiii;;t(m  bcforo 
luM'an  assi.st  him  in  (l«'lainiiij;'  the  Lady  8t«Miiii<;-.  Marshal,  with  pi>i't 
ciistoins  lorco,  left  rally  this  inorniiijL;'  tor  Siiiithvillc.  The  riMpiisitc 
aiUhorilv,  on  Ix'halt'  of  the  marshal,  is  ri's[U'(*tlullv  rcMiucstcd. 

J).  la'MI.KY, 

Collrrtoi: 


^[y.  Bin((ircll,  Sccrctari/  of  tlic  TirasKri/,  to  General  Shcrm(fHj  Avthuj  See- 

retanj  of  Wdr. 

TUEASriJY    DkI'ARTMKNT, 

]VnNlti)i(jton,  iktohcr  \,  ISfiO. 

SiK  :  I  ;4('t  inCormatioji  from  the  colhnttor  of  cnstoms  at  \Vilmin;>ton, 
North  Carolina,  that  thi'ie  i.s  danger  that  the  Hornet  may  j;'o  to  sea  in 
delian<'e  t)f  our  authority. 

1  have  directed  tlu'  enlleetor  to  take  i)reeantions  to  i)revent  this,  and 
I  have  the  honor  to  icquest  you  to  issue  further  orders,  if  you  deem  iL 
ne"essary,   to   the   military   otlicers,  to    a.ssist    in    preventin-;-   her  es- 

ea|)e. 
[1()7|        *Verv  resi)eetfullv, 

CIEO.  .S.  BOUTWKLL, 

ISeeretnry. 
General  W.  T.  SiiKinrAN, 

Aet'nuj  Seeretary  of   War. 


-! 


General  Sherman,  Aetlny  Seeretary  of  War,  to  commamUmj  officer. 

Washington,  October  i,  1809. 

To  Commanding  Officer, 

Fort  Johnson,  via  Wihnlnyton,  North  Carolina: 

Use  your  entire  force  to  detain  the  steanuu-  Lady  Sterling,  alias  Hor- 
net, till  «he  is  furniisUed  a  regular  clearance  by  the  colU^ctor  of  the 
port. 

\V.  T.  SHEUMAX, 
General,  and  Acting  /Secretary  of  War. 


irANVINO 


'  flir  Trc((snr!/. 


Ocfohcr  I,  1S()!). 


til,  tclc^i'raplis  to 
)s  a'  Siiiitlivillc, 
rusliin^^toM  lu'lorc 
tliirsliiil,  with  part 
('.  Tlic  it'(iiii.sitr 
qiu'strd, 

ColUrtnr. 


vrman,  Acdnfj  iSVc- 


(Mohrr  4,  mm. 

IS  at  \Viliiiiii<^toii, 
may  .i;*)  to  .sea  in 

l)r«'v»'Mt  tiiis,  and 
'IS,  it'  yoii  (Ummu  it 
eventing'   her  es- 


ut\vi-:ll, 

tSecri'Uiry. 


nanditKj  ojjit'er. 
October  4,  18G9. 

na : 

terlins',  ((Jian  IIoi- 

•d  collector  of  the 

lIEltMAX, 

eretary  of  War. 


COl'XTKK    CASK    OF    Tfli;    INITKD    STATK.S.  S43 

(Inicnd  SlirniHOt,  ActitKj  Srrrefon/  of  War.  to  Mr.  Ramtn/,  collector. 

['ri-lcnr;iiii.] 

\VASiriN(iT';x,  Odolnr  4, 18()!>. 
I).  IvliMT.FA',  Collector.,  WHmiiititoH.  Xorfli  Carolina  : 

Notify  coiiiiiiandiiij;'  onicer  at  Fort  dohiison  that  he  is  ordered,  by 
tele;;rai»Ii,  to  detain  tiie  Hornet  till  she  receives  from  von  a  re<>ulaV 
ck'iuance.  '  '^ 

W.  T.  SIIKIJMAN, 

(leiieral,  (Oid  Acting  (Secretary  of  War. 


lOSI 


Adjutant-Geiwral  A'elton  to  General  Terry. 
LTi'l.'mjim.J 


AiJ.iuTANT  (Jeneual's  OiTrrE, 

Wa-shinyto)!,  October  ."»,  LSOO. 
Urevet  Major  (Jeneral  A.  II.  Tekiiv, 

Coinmaiiflin/f  Department  of  the  South,  Atlanta,  Oeoryia  : 
The  Secretary  of  War  directs   that  yon  instnu't,  by  teleii'rapii,  the 
(•omnminlin;^- oflleers  of  the  tr(»ops  altont  the    month  of  the  ("ape  Fear 
Jliver  to  aid   tiie    Ciiited  States  marshal  to  detain  the  steann'r  Lady 
Sterlin}4',  alia.s  Hornet, 

,1.  C.   KICLTON, 
Aii.si.stant  Adjutant-General.' 


^[r.  liouln-eli,  Sei-ret((ry  of  the  Treasury,  to  Mr.  Ilumley.  collector. 

[Tck-<friini.] 

Treasury  I)epartme>^t, 

Washinyton.  Octolxr  ~>,  18G9. 
D.  KuMLi^Y,  Collector  of  Customs^  Wihniuyfon.  Xorth  Carolina  : 

Yonr  conrs(»  in  the  ease  of  the  Hornet  is  approved.  Who  is  retained 
as  eoinist'l .'  \'on  will  hold  the  Hornet,  niider  the  eleventh  section  of 
the  act  <d"  ISIS,  nntil  directed  bv  the  President  to  release  her. 

GEO.  S.  B0UTWI':LL, 

Secret 'try,  dr. 


[lODJ    *Mr.  Houfu'cll,  Secretary  of  the  'Treasury,  to  Mr.  liuinley,  collector. 

Treasury  Depaiit3ient, 

Washinyton,  Cctoher  5,  1860. 

Sir:  [  tele<i'i-aplie<l  yon  to-day  that  yonr  conduct  in  the  case  of  the 
Latly  Sterliii}>',  alian  Hornet,  was  api)r()ve(l  by  the  Department.  1 
also  diieeted  yon  to  hold  the  steamer,  under  tlie  eleventh  section  of 
the  act  of  ISIS,  nntil  yon  are  dire«'ted  by  the  President  to  release 
her.  This  yon  will  do  without  reterenco  to  the  action  of  the  com- 
missiouer  in  the  case  now  pending'. 


■? 


I 

Hi' 


*   ■ 


la  Hi. 


,.1*  ■'  - 

.-If  ''' 


N44  TK-KATV    nr    \VAsHIK«iTO\ I'M'KKS    ACCOMPANVI  \(  J 

Tin-  Atl«»nn'v  (ItMU'i;)!  will  ioiiiiiiiiiiii':ttt>  wirh  tlir  disliirt  Mltuniry. 
ami  als4i  witli  tin*  siu'cial  roniiscl.  w  ln»  lias  Immii  niijiloycl  by  voii,  as 
I  mul.THtantl  fVnm  y«nir  dispatrli  oi  tli«'  ttli  i!i«itant,  ;«M't'iv«'(l  to-day. 

The  l«*;^al  jdoccrdiii^is  tor  t lie  pin  |».»>i«  ui"  ,i<i'»m  tiiiiiiii^- tin- clhir^ictcr 
of  the  v»'ss*l  will  lu-  j»rol)alily  rniMlurtrd  l»y  tlir  An.»ni('\  (icinr.il, 
thrini;;h  xhv  district  attorney  ainl  roiiiisi'l  asstwiatcd  willi  liliii. 

I  •li'siir  yuii.  lio\v»'v«'f.   to  k('(|>  nil'  a«lvis»Ml.  i-itlu-r  hy  It'ttfi-  or  Id 
<'.:in»iih.  of  tlir  ini»;ii('ss  of  it!o(M'«Mliiitrs.  ami  of  any  facts  wliicli   \oii 
iiirtv  U»HMn  ijiii»oitaiit  to  a    prop.-r    amlcrstainliiij;  «>V    ilic  can-  hy  the 
l*re>ithitt- 

Vfiy  rt'spcct fully. 

Strrctdn/. 
D.  llTMLr.v,  Ks<|.. 

I'nllt (■(,„•  o/  Ciistonix,  Wihuimjtnii.  ynrth  Coroliua. 


» 


[170]      *Mr.   liarhur,  I'nittd  States  mttrshaly  to  Mr.  Fish,  Strrrtan/    <>/' 

folate. 

[  IVli'jjraiii.] 

Ni:\v  Voj:k.  Orfnh,r  7,  l.'^O".). 
SErnKTAin   mf  St a  IK: 

I  iivt  riiiM  •!■  that   H«»ni('t   will  run  out  of  Wilinin^ton,  in  .Icliaiicc  <if 
the  L'uitcil  States  autlioiitii's. 

F1{AN(IS  ('.  r,  \KIA>\V. 


-  ♦ 

4 


Mr.  Jfonr.  Attornei/nenerul,  to  Mr.  Sfarhnck^  lUstrict  attoniri/. 

Washington,  Ocfnl,rr  «»,  lS(i«>. 
Sii: :  The  steamer  Hornet,  which  is  iu»w  «letaineil  at  the  poit  of 
Wilininu^toii.  ]»res<'ntsa  case  to  which  I  wish  to  luiiifj:  your  attention.  I 
nnder<tan»l  that  some  i»ro«'ecdin;:;s  have  heeii  comni'Miccd  hcfore  a 
I'nite«I  States  c(tnii!;issioner.  and  litat  .Iiulj^es  I'arson  and  French  have 
apiH-anMl  on  behalf  of  tlie  (iovernm«'Ut. 

From  what  is  reported  of  the  <msi'.  it  wojiUl  seem  to  me  that  e\  i- 

deiioe  >iillieient  to  convict  the  ollicers  of  tlie  vessel  and  a  <*(nisidera- 

ble  part  of  the  men,  under  the  lourtli  section  of  the  .ict  of  April  LM), 

LSIS,  iiii^ht  Ik*  tound,  and  probably  ajrainst  some  of  them  under  the 

sixth  MnthMi  of  the  same  statuti*.  and  that  i'vid«-nce  for  the  purpose 

inijrht    Im-    obtained    by   proper   exertion    fiom    jjcrsons  on  board  the 

vessel.     It  is  desirable  that  you  simuld  atteml  to  the  case,  and  take 

all  proper  measures,  upon  such  fa«ts  as  you  can  ascertain,  to  prc- 

[171]    Vent  the  dejMrture  of  the  •vessel  upiui  a  hostile  exp('«lition  by 

lilieliu*;  the  vessel,  i)r  proseeutin;;  the  otlicers  and  men  beloiifiinj: 

to  her.  or  iMJth.  as  the  facts,  when  investipited.  may  seem  to  warrant. 

Verv  res|)ectfully, 

E.  K.  IIOAK, 

Attorney- General 
Daeiu.s  II.  Starbuck,  Es(j., 

United  iStatcn  Attorney,  SaU-m,  Xorth  Carolina. 


iivvNvixi; 

>l(»Vr>l  hy  \<»(1,  its 
*n'i\('(|  to  <l;iy. 
liiiU'  the  cliiiriictcr 
Vl!<M'ii('\  (ii'iK  r.il, 
I  will)  him. 
•  by  Icttfi-  or  tcl- 
fwi'ts  wliicli   \oii 

lllf   Cil.-C    l»v    llu' 


Sec  ret  a  r  I/, 
linn. 


Fl.sli,  Sccrrlnn/    nf' 


(h-iohn-  7,  ISO!). 
o!i,  ill  ilcliiincc  of 

('.  15  \i;i/>\v. 


irt  (ittniili jl. 

(hiiihcr  «;,  1S(;!>. 

m1  iit  the  i»ort  of 

y»»ur  atttMition.    I 

niiiMiccd   Itcfort'  a 

ami  l-'rciicli  lja\<' 

I  to  nit'  tliat  ('\  i- 
aiid  a  considcra- 
•  art  of  April  L'(». 
f  llu'iii  under  tlif 
'  for  the  purpose 
(IIS  «»ii  hoaril  thr 
le  case,  and  take 
ascertain,  to  pre- 
tile  ex[U'dition  by 
lid  nieii  l>eKMif;in,u' 
LHMU  to  wainuit. 

lOAK, 

ttoinvy- General. 

oUna. 


o.rxTKi:  <  A>K  «»r  the  imtki»  statks.  K4.j 

Mr.  VorUr.  /.,t  .^^rtUrrif  •/  the  Xart/,  to  Mr.  FUh,  Strvrttary  uf  .Stale, 

N.w  V  Dki'mitmkxt, 

Waxit  tuff  tint.  Orfohcr  ',  18<H». 
Siu:  I  havi' tli«'lioiior  to  .ukno\vh'd;:e  tlie  re«eij»r  of  your  three  let- 
ters, two  nf  the  Ith.  a:;il  the  4)tlier  of  th.-  ."th  iii>taiir.  inrhK^ii:-  «•  ipies  of 
eoinmiiiiieatioiis  tn.iK  Genera)  J",  r.  Harlow,  I'liited  .States  inaishal  at 
New  \nrk.  relative  i«»  the  iiiuveiueiits  of  iiostile  exiH-ditioiis. 
\'»  ly  resiiecifJilly. 

I'AVID  I>.  rollTKH. 

For  Secretary  ni  tlu  yaru. 
Hon.  ilAMii^Tox  Fish. 

Sf-rttarg  uf  State,  • 


Mr.  Uiimhy,  etAltrfor.  to  Mr.  UnuticdU  Secretary  of  the  Trea.'sury. 

[T^-l^-jfraiii.] 

W1I.MIXGTON,  NuliTIl  Cak.»li>a. 

tAtulnr  7. 1S09. 
Jlon.  (Iko.  ."<.  r.ourWELL.  Secretary  of  Treaxuni : 

.  Should  I  fail  t.»  make  -<mmI  rlie  a;ie;:atioi!  :ij.'aiijst  the  Lady 
[172]    Sterliii;;  on  M.tmlay  n.-xt.  I  iVar  an  attempt  will  *l»e  made  tu  e>- 

ca|M-  and  |»iit  ti»  st-a.  The  eaptain  is  miwillinjj  tor  nie  tophue  an 
ollieer  o!i  lioar*!.  ami  the  furee  at  iii\  •  uuunaTid  is  entirely  inade^piate  to 
til  wart  any  niuveuicut  ut  that  kind.  Tan  you  tarnish  nie  with  an  armed 
cutter  at  onee  J 

D.  KTMLKV. 

t\tlUxtor. 


Mr.  DotifirflL  fkeretffry  of  the  Treattury.  to  .!/#•.  KoUk  CftUeetor. 

[Tt-legrani.j 

TreASIIIV    I)EPAllT>n:NT. 

WH-sliiiliftint.  J K  C.  Oetnbfrl.  l^ij[K 

Tih>:ma.s  p.  KikCB.  CMtrtor of  ('ujttomx.  Saranwih.  Oeirrffia  ■ 

Send  >r*rnlIoch  t«»  \V'ilaiin;u^on,  North  Carolina.  iiuuietliatt-Iy.     Let 
('ai)taiii  Mt'iTyman  ;f«». 

i;e{>ort  to  Collector  Huuilev.     >'aii<eniond  left  vesterdav. 

(iEU.  .S.  liOrfWKLL, 

Secretary  of  Trteiiury. 


[173 


Mr.  lioHtfffL Set-rHcfy of  the  Treaxttry.  to  Mr.  UnmJeh.  'yJU'tor. 

rT**l**gTsm.] 

Teeasi-kv  Departmext. 

Wn^hhi</ton,  iK  ('.,  Oftohir':,  1869. 
D.Rl~»tLEV.  CoUeHor  0/  Cmtomn.  WUmhujton. Xorth  Carolina: 

I  liave  or»Iere<l  the  steam  revt  iiue-eiitter  ^leCnlhx-h.  at  *Sa- 
vanuali,  to  i»niT«iee«J  to  Wiluiiii^toii.  and  report  to  voji  tor  orders. 

GEO.  8.  BortWKLL. 

Secretary  of  Treasury. 


* 


■11' 


840  TK'KATV    «»r    \VAMII.\(;r«»\ — I'AI'|:|{s    A<  (  nMI'ANVivc; 

Ml.  lion  fin  II,  Sfcrrfiiri/ of  'he  Tmisiiri/,  fn  Mr.  Ikidulry,  mlhrtitr. 

I  'I'tlt';,'!!!!!!.] 

TuKAsriM    IM;i'Ai;t\ii-\  r. 

W'tlshiiDltnn.  Ortitliif  ~,  1S«J:I. 
I>.  IJiMl.rv,  Wilinlmifon,  Xmtli  Citrolina  : 

Will'  I>r|»  iitllicllt  li;is  issued  oitlcrs  to  Army  olVlfci-s  ;if  til."  foif  to  :is 
sist  Soil.   ISiiii.;  lilt*  lIoriM't  iimliT  ;:iiiis  of  foil.    Take  sin-li  |i,»-is,.>sioii  ot' 
hvv,  ami.  ir  m'ccssaiy,  no  far  ilisiii.inlli'  lin  as  to  make  it  imimssildc  tor 
Imt  to  Ljo  to  sea.  until  \oii  !ia\r  okIcis  to  iclcasc  Ikt. 

CKO.  S.   lIOI'TWi:!,!,, 

Stcivlaiij  of'  'J'lvasHry. 


'-    Uti 


1//".  Porttr,   VUr  Athniral.    to  thv   Prishhiit. 

>AVV    Dl'.I'AIMMHM'. 

Wiisliiiiiitiiti,  (ti-tnhirl.  |S|)!>. 

Sill:  Tlu'  imlosi'd  tdr^irams  liavc  lici'ii  sent  in  dillcrtMit  diii'rtioiis. 
I  have  Hie  lioiioi-  t(»  lie.  \t'r\   irspcct lullv. 

DAVID  D.  I'OUlKi:. 

\'in-Ailininil. 
TIm'  lM;i:sii»r,NT. 


«  ly 


[174]  •(■liirlosinvN...  1.] 

Vice-Admital  Portir  to  h'ror  Ailmirol  l^tr'nujhum. 

tTrl.-iai.i.] 

Nav\    Di:PAin':\ii:M. 

Wnshintjfon,  October  7.  ISi'i!!. 
Kear  Admiral  S.  11.  Stijinciiaai. 

]i)\*  Ilirlcs  .stnH,  Hrool,li)ii,  \fir  York: 

The  tollowin;;  lias  bocii  scat  t(»  Admiial  (iodoii.     iJcitt'iate  tlio  ih<Uts, 
and  «'\]»'dit«'  tlic  vessel. 

Throw  lit'tv  mrn  on  l»oai<l  the  l-'idlic  wiilioiit  delay.  Send  yonr  lM»>t 
tujjs  to  tow  Imm'  out  while  she  is  ;;('tliM;.j  up  steam.  Order  the  eomman- 
der  to  proeeed  to  Smithtield,  Cape  |"\'ar  JJivei",  or  wherever  the  Cnhan 
steamer  <'!ii»a  is  Iyin^%  tak<'  his  posiiisai  al()n,i;side  of  her,  and  sink  h«'r 
if  she  attempts  to  leave.  Also  keep  up  steam,  prepared  to  follow  Ium-. 
The  Frolic  must  leave  tonight.  Put  (Ui  hoard  charts  and  instru 
inents  when  you  ]Mit  the  men.  Don't  tail.  If  she  wants  ammunition. 
l)Ut  it  on  hoard  to  nij^ht.  See  if  the  vessel  can't  j^ct  of!'  iiefore-S  o*clo!-k. 
If  the  Frolic  has  snOicieiit  number  of  men  on  board,  there  is  no  necessity 
for  inereasin;;:  the  <Tew. 

Men  can  be  taken  temporarily  fiom  the  Severn. 

liv  order  of  the  I'resident. 

D.  D.  rOKTKR, 

VUeAdttiifdl. 


ll'ANVrNC 
'/</'//,  (olltvtur. 


n.(„hrr  7.  1S«;;). 

'  lit  llif  tort  to  iis 
.iii'Ii  possi'ssioii  of 
I'  it  iiiij»o.ssili!i«  t<»i- 

iT\vi:i.h, 

">'.'/ ';/  Tiinsury. 


frfif. 

ii'iif  (lirniioiis. 

i'(>Ki!:i:, 

I  ir(  Aihiiinil, 


itfliam. 


LMober  7,  18(JI>. 


i(«'rat<>  tlio  i>i«U*is. 

StMiil  yonr  best 
rdtT  iIm*  •■orimiijii- 
I'lcvcr  t!u'  ('iil);in 
Imt,  and  sink  Ii«m- 
i«'il  to  follow  Imm-. 
aits  and  instiii 
ants  anininnition. 
f  lu'fon'  H  o'<*lo!-k. 
•re  is  no  iiecussitv 


roiiTi:R, 

Vice  Aibniftil. 


(<>|  NrilK    cam;    <»!'    JIIK    IMTi;i>    STATI'.S.  847 

(  ImiIosiiii-  No.  -J.] 

ViirAflinhal  J'ortir  to  <(iiiunini(lliuf  nlfh-n-  at  Knj  W'lHi. 

[Tclcjililili.] 

Navv  Dr.PAinMKXT. 

*  Wosiniifftoii,  Ortohri,  i.sr»r>. 

Dispatcli  tlii'  fasti'st  vessel  yon  lia\<  witiioni  delay  toCipc  Fear 
l{iv«T.  Nmtli  i'ar<»lina,  to  iticvent  the  steamer  < 'nl>a  from  ;;oin;;  to  sea. 
."^iiik  her  if  the  ea|»tain  refnses  to  oIk'n  voni  orders. 

I).  I).  iMnnr.n. 

I  ill-  A>lin'nnl. 
rOAIAIAMUM;  Oil  l(l-,K 

L'uitid  St((frs  Xni-dl  Foi'cvs,  Kvij  ^Y^st,  lloriihi. 


I7ol 


[IncloHiiii' No.  :'i. — Tflciiiiiiii.  ] 

Na\  \    DKrAIMMKNT. 

Wash'nititou.  ifrtohri'  7.  ISHO. 
Hear  Adiniral  S.   W  .  <i(»i)nN'. 

f't)iiiiii<niiliii;f  Xori/-  )<(ril,  Xrir   toiic. 

Tlin)\v  tifty  men  on  Itoard  the  Frolic  ^vitl"ont  (kday.  Send  yonr  best 
tJi;:s  to  tow  jh'r  ont  while  she  is  ;;»  ttih;;  np  sleani.  Order  the  i-omman- 
diT  to  jtruecrd  to  Sinitlix  ille,  ( "ape  i'ear  U'iver,  or  wlierev«-r  the  Tnhan 
st«'iimer  ( "nl>a  is  lyin-i',  take  his  position  alon.i;side  of  hi.  and  sink  her 
if  slie  attempts  to  leave:  also  keep  steam  n|».  prepaied  to  t«>llow  jjer. 

The  I'rolie  mnst  leave  to  ni.ulit.  I'nt  on  Itoard  charts  aud  instrnments, 
\\  hen  \  on  1  tilt  the  men;  don't  fail.  If  she  wants  iimmiiditini!.  put  if  on  tncird 
told^iht.  .See  if  the  ves.sel  enn't  j^ct  olf  before  S  o'clock.  If  tin-  I'roiie 
has  sntlicient  niiMd>ei'  o!'  men  on  Itoaid.  tht-ri'  is  no  iieeessiry  for  iin-reas- 
in;i  tile  »-i«'W.  Men  can  be  taken  tem[»itrari!y  from  the  t5e\  ern. 
Jiv  order  of  the  President. 

I).  1>.  POIITEH. 

Vn>  -Adui'md. 


170! 


Vlcc-Atlmlnd  Vorii  r  to  fJn-  Presitleitf. 


XaVY    Dr.lVMITMEXT. 
Wdnlii lit/ton.  (tcttilnr  ^,  iNoO. 
Silt:  1  have  the  honor  to  semi  herewith  a  copy  of  a  telegram  received 
tliis  a.  m.  iVom  IJear-Admiral  (lo(h)n,  comman  lant  of  navy  yard.  Xew 
York,  dated  7th  instant,  ami  copies  of  two  telegrams  from  Commander 
(^iieen,  .senior  otVieer  at  Key  AVest. 

Verv  resi)eetfullv,  your  obedie^.t  servant, 

DAVJD  D.  rOlJTFIJ. 

McC'Adiniial. 
The  PUESlDEXf. 


1 


•11 

ii 
'■j 

15 


!t-;« 

) 

h'\ 

(  : 

■■    >; 

( 

H.* 

k:-\ 

t  » 

''    -J 

t^^!'- 

^.s 

['■ 

■c 


S48        TREATY  OF  WA?tiiiN'GTnx — rAPKRs  ArcoxrrANYiNr; 

rino!««sHre  X<».  1.] 
li.'ar-A'liuirul  (iodou  to  Vice  Ad  mi  r«  I  rot'icr,  Acting  Sccn'tdri/  of  Xattf 

[Telejjr.'tni.] 

i;i:«»uKLVN,  New  Yokiv,  Ociohir  7,  isivj. 

To  Secretary  of  the  N'avy: 

Telo^^Tiim  iTcrivt'd,     The  Fnilif  will  sail  l»v  S  o'clock, 

S.  W.  (iODOX. 

L'carAilniirnl. 


[_lnfh*<nrv  No.  '2.] 
Comnmnder  Qneen  to  Mr.  JtolHson^  Scorfary  of  the  Xarif. 

[T«-lf<ri;iiii.] 

Umtkd  States  Ste a:\iek  TrsfAuoiiA, 

A>v  Wist,  Flori<l<(,  October  1,  ISii'J. 

[177]  *Hon.  (iEo.  M.  lioBESi>X: 

Tclcirnuii  received.  X'>  ves.s(cl  to  seinl.  TiiKcarora  ami  Sanf^ns  only 
vessels  lieic.  Tuscarora  eaiiiiot  move  before  Monday  on  account  of 
bursting  of  main  »;team-i>ij»«'. 

W.  AV.  QUKKX. 
Coni)iian<lcr  <i)t(l  IScnlor  OtUccr. 


Vic^Admiral  Porter  to  the  President. 

Navy  DErAin  :ment, 

Washin<iton,  Octoher  s,  ISGt). 

Sir  :  I  have  tiu'  honor  to  st-m}  >on  a  copy  of  a  telcijram  just  received 
l.L'O  p.  m.)  from    Rear- Admiral  4;«m1..ii,  stating  tliat  the  Frolic  left  the 
llatterv,  Nt'W  York,  at  s  p.  m.  yesterday. 

Veiv  respeetfuliv,  vour  uix-dient  servant, 

DAVID  D.  rOliTlUI, 

ViceAdminil. 
The  Ti:  ESI  DENT. 


fluclctsure.] 

liCiir-Adniirul  GoAou  to  Mr.  liuheson^  Sccrddvy  of  the  Xni^y. 

£Tel«*j.'iaui.] 

BR<r»OKLY>",  New  York,  October  <S,  1809. 

To  l?ON.  (lEo.  'SI.  RonEsoX.  Secrct'Ciry  Xary: 

Frolic  left  tl*e  Batter>-  l;ij*t  uigbt  at  8  oVloek  \).  m, 

S.  VV.  GODOX, 

Cornmandftnt. 


H'ANYIXd 

Secretin/  of'  yac'i 
Odohir  7,  ISIJIJ. 


.  (lOl)OX. 

licur- Admiral. 


the  Xav}/. 


rsrviJoiiA, 
October  7,  18«J'J. 


niul  Sanfjiis  only 
ly  on  jo'couiit  ot' 

r/  ISoiior  Otficcr. 


I'A1jt:mi:nt, 
(h'tulnr  s,  1.SG;». 

ram  just  r»'»HMW<l 
tlie  Frolic  loft  th*- 


rOIiTliR. 
Mce-Athnirnl. 


.       COITNTKK'    CASE    OF    TIIK    IMTKIt    STATES.  840 

[17SJ    *Me,ssrs.  IMrson   and   French,  afl„ritn/s  for  Unlhil  States,  to  Mr. 

Jloar,  Atturnei/GineraL 

[Tfle<;iiun.] 

W.LMlNdTON,  XoUTlI  CVKOLINA,  October  11.  ISiiO. 
II(»\.  1-:.  IJ.  IIoAlj,  Attnrneifdencntl: 

Case  ])ostiK.iu'(l  until  luvxt  Saturday.  ITavo  witnossos  i„.ro  the  day 
before  to  |»iov<'  the  nciM-ssary  facts,  .'spi-cially  the  intent.  We  wish  to 
know  and  prove  who  wen»  on  i>oanl  ar  Philadelphia,  the  then  condition 
ol  the  vesstd  wiien  she  sailed,  for  what  p.>rt.  and  her  (■'ari^^o,  if  anv:  tin* 
procccdin-s  at  Halifax  and  In'r  history  there:  how  and  when  armed. 
when  ami  whence  (iordon  deserted— they  say  the  ni;:ht  the  Cuba  came 
in.  He  can't  he  I'oiind.  Send  all  pajters.  as" well  as  witnesses,  nmterial 
to  sustain  the  particular  cliarge  or  any  otiier  breach  of  tiie  neutrality 
laws.     Keep  us  advised. 

TAIISOX  &  FIJHNlir, 

Attorneys  for  i'nited  States. 


^fr.  Starbnel-jdistricf  atlorneij,  to  Mr.  Hoar.  Attorneyfleneral. 

Office  of  rxiTED  States  Attorney. 

Salem.  Xortlt  Carolina.  October  11,  ISOO. 

SiiJ :  T  have  the  hom^r  to  ackiinwlediie  the  receipt  of  your  letter  con- 

i-erninu'  the  steamer  Hornet.  detain«'«l  in  the  ])ort  of  W'ihninirton, 

[17l>j    *aiid   the  case   will    soon    niideij^o  an   investigation    btdore   the 

I'nited   States  commissioner,  whnh  [  trust  will  develop  the  true 

character  ol  the  vessel ;  then  such  proceedings  will  be  instituted  as  the 

I'acts  may  warrant. 

1  aiu,  sir,  very  respectfullv, 

D.  TT.  STAKlUTIv, 
i'nited  ,states  Attorney. 
Hon.  K.  K.  IIoAR, 

Attorney-General. 


f  the  Xavy. 
October  8,  1801». 


\  GODOX. 
Coinmandant. 


^Iesli^^s.  Parson  d'  French,  attorneys  for  the  United  States,  to  Mr.  Hoar, 

Attorney  (ieneral. 

[TcU'jrrniii.] 

VfLMiNGTON,  North  Carolina,  October  0,  1869. 

Hon.  E.  li.  Hoar,  Attorney-General  : 

District  attorney  is  not  here.     There   is  no  telegraph.      Mr.  ITall 
shouhl  I"'  here,  we  think. 

PAliSON  &  FKENCU. 
54  A 


I 

I' 

■  V 


^i^ 


ft 


;i 


I? 


850  TREATY    OF    WAfNlllNCJTO.X I'AI'KIIS    AC'COMI'ANYINMJ 

Messrs.   ]*(ii-son  d-   Ftntcli,  (tttoruci/s  tor   f'nited  States,   to    Mr.    Hoar, 

Atlorii(i/(inicral. 

[Tcl.'jiiani.] 

WiLMiN(!T()N,  N.  C,  Ocfoher  12,  1801). 
IC.  II.  IloAU,  AftnrnriidcHt'ral : 

Ilavf  not  lilu'llt'd  the  IloiiiPt,  but  ;nv  lioldiiiji'  her  oniccrs  niuler  wiir- 
rant.     Shall  wo  tilo  libi'l  .' 
[I'^OJ  *PAl{vS()X&  FKKXCFI, 

Attornri/s/or  Unitnl  States. 


Mr.  Fish,  Seeretari/  of  State,  to  Mr.  Hoar,  AttorueydeneraJ. 

Dkpaim'ment  of  Statk, 

}Voshiii(ftoii,  Oetolter  12,  1801). 
Sill:  1  hav«»  liad  a  coiivorsation  with  tlu^  8p;!nisii  iniiiisfcr,  y\\:  Ifoh- 
(iTn,  to  day.  in  rcl'ricncH'  to  the  l<'j;al  pro('('t'diiij>s  wliicli  arc  to  take 
]»lac<'  on  I-'ridiiy  next,  at  ^VillninJi■ton,  in  the  cnse  of  tlic,  Ilonu't.  IIm 
tli!id<s  it  iinpoitant,  and  is  desirous  that  Mr.  IMu'lps,  tlic  iii'st  assistant 
ol'.Mi-.  I'iciTi'pout,  I'nitcd  States  district  attoriu'v  at  New  York,  sliould 
lie  present  on  the  occasion. 

1  submit  tlu'  nnitter  for  your  consid«'ration. 

I  have  the  honcu-  t(»  be.  sir,  your  y*  vv  obedient  s<M'yant. 

i!A:\iii;r(>x  fisft, 

Seeretarif  of  State. 
Hon.  K.  I{.  HoAi?.  "    ■ 

Attorni}!  ileueral. 


lid 


iB 
m 


m 


[181 J  *  .1//-.   I'lielps.   assistant   ttistriet  attorneii,   to   Mr.  Jfoar,  Attornei/- 

(fenertd. 

AVll.MLXGTON,  Oetoher  LM),  18(11). 
Sir:   A  libel  for  the  condemnation  of  the  steanu'r  lIo\net,   (therwisc 
called   tiie  Cuba,  was  tiled  in    tiie  district  couit   on   Monday,  the   ISth 
instant,  and  the  njonition  issiu'd  early  in  the  forenoiut  of  that  day  and 
plact'd  in  the  hands  of  the  deputy  nuirshal  for  seryice. 

I"(»r  reasons  of  his  own  he  did  not  attempt  the  e.\"«'cuti(>n  of  this  pro 
cess  until  ycsti-rday,  when,  in  com|»any  with  the  collector  ol'  this  pcut, 
he  boarded  the  steamer,  and  the  connnander,  Mr.  lli^^yins,  bciiij>^  sent 
for.  the  marshal  demanded  possession  of  the  yessel,  exilutinj;"  his  moni- 
tion. Ili^iiiins  lefused  to  tleliyer  his  \ ess«'l  to  any  other  authority  than 
that  of  the  Pr.'sident  of  the  ITnitcd  States,  in  the  person  i>f  a  niilitar\ 
or  naval  olliter.  The  «leputy  marshal  thereui>on  called  on  the  com 
mander  of  the  rnited  States  steamer  Frolic,  who  sent  hi.s  executive 
othcer  on  boar<i,  to  whom  Air.  Ili};<,dns  suirendered  his  ship,  whicli  was 
then  turned  oyer  to  thed«'puty  nuirshal,  who  has  sincu'  retained  custody 
of  the  same.     Ini.  .ediately  thereaftt'r  Captain  llijj^ins  called  on  me  and 

re(pu'stc(l  lue  to  instruct  the  inarHhal  to  allow  tiie  men  to  w 
[182]    main  on  IkkihI,  assiffinuH:  as  a  reason  therefor,  *that  if  they  were 

jHit  ashore  they  would  disp«»rse.  and  tiu-n,  in  the  eyent  of  the 
release  of  the  vessel,  of  which  he  felt  •  mtldent,  it  would  be  imp(»ssible 
for  him  to  ship  am)ther  crew  here  without  violating  tlie  law,  and  thus 
the  vessel  would  be  lost  to  Cuba. 


|'ANY1N(J 

s',   /*)    Mr.    Hoar, 

k-toher  1-2,  18(5'>. 
iViccrs  undor  wai- 

r  UniUif  >fUih's. 

uey-iicncru}. 

S'l'A'l  I'i, 

[Molnr  VI,  ISfiO. 

ininistcr,  Mr.  K<>1>- 

,lii«h    iU*'  to  t;iU<' 

tlu>.  lIoriH't.     11<' 

the  first  assistant 

New  York,  slioiiltl 


servant. 
roN   FISH, 

Icoctdrij  of  IStatc. 


COl'NTEl?    CA^sE    OF    THK    I'MTKIt    STATES. 


851 


r.  7A)^o-,  AttoniiH- 

Orfohn-  LM),  ISOO. 
Hornet,   )ther\vise 
Monday,  tlio   I'^th 

)ii  of  tliat  »lay  and 

(•uti<»n  of  tins  i»ro 
ector  of  this  port, 
|iH<.ins,  heinji'  sent 
t-xiUitin^-  his  inoin- 
lier  authority  tlnin 

.son  of  a  military 
aUed  on   the  einn 
sent  his  eveeiitive 
lis  ship,  whieh  was 
(•e  retained  enstody 
iscaUed  on  nieand 
(»\v  the  men  to  re 
,  ♦  that  if  they  were 
n  the  event  of  the 
onhl  1h'  imi><>^**'i'''' 

the  UiW,  and  thus 


Mr.  Ponrs(Mi  and  niysolf,  after  consultation,  replied  to  ('nptain  Hifj- 
<;ins,  throu<>h  his  counsel  Mr.  Davis.  -decliiiiiiL;-  to  a<;cede  to  his  re- 
quest, and  inforiuin'4'  him  frankly  at  the  saine  time  that  it  was  the  in- 
tention <»f  the  (Jovernment  that  his  vessel  should  not  iio  to  sea  in  the 
servici^  of  Cuba.  Tiu^  nuMi  were,  therefore,  put  ashore,  ami  are  still 
here  in  the  city.  One  of  them  was  unfortunately  killed  last  nij-ht  by 
falliu}.;"  from  a  window. 

There  are    no  lu'w  developments  in   the  matter  of  the  prosecution 
aj^ainst  the  ollieers,  which  wiU  proceed  to-morrow  unless  some  further 
postponeuu'ut  is  obtained  by  the  defense. 
Verv  resi»ectfullv,  vonrs,  «S:c,, 

IJENJ.  K.  PJIELPS. 

Hon  K.  H.  liOAM,  AtfonK'!j(i(ne)((I. 


Mr.  Tloar,  Atfomri/GcncntJ,  to  Mr.  Phelps.  (is.s>>i(iiiit  district  attorn 


iis;j| 


Wasiiin<;ton.  (k-tohcr 'M).  isr.<.>. 
Sir  :  Your  lett<M-s  and  tolearanHhavc  been  ii'ccived  to  rliisdafc. 
*I  do  not  nndci'stand  liow  Captain  Hij,^,u'i!is  lias  mana.^n'cd  to 
escape,  but  shall  ))robabIy  learn,  and  lin\c  no  doubts  that  it  w;;s 
without  any  responsibility  on  your  part.  I  wrote  you  to  continue  to 
altend  to  the  prosecuticm  of  the  lilnd  a.^ainst  the  Hornet,  until  you  arc 
satislied  that  the  projiiess  of  the  case  is  siu-h  that  it  <'an  1»c  lett  safely 
to  the  eliar^c  of  tin*  distiict  attorney.  I  wisli  you  to  impress  upon  him, 
when  he  conies  to  \Vi!niini;ton,  tin'  importance  that  tlu'  (iov(>rnmc'it 
attaches  to  thi'  case  and  the  necessity  foi-  active  and  faithftd  attcnti  >a 
to  it  on  his  part. 

His  onnssion  to  ;^ive  such  attention  thus  far  has  Ik'cii  a  source  of 
sonu"  anxiety  ami  rcj^rct.  ^Vhethcr  there  has  bccu  sutlicicnt  reason  ibr 
it  I  do  not  now  attempt  to  decide. 

I  also  wish  the  marshal  to  understand,  and  I  wisIi  you  would  impress 
upon  him.  that  we  c\i)cct  him,  citlu'r  jicrsonally  or  by  a  competent  de- 
puty, to  have  whatever  is  ne«'essary  done  in  re.uard  to  the  custody  of 
the  luisonci's  and  the  holding-  of  the  vessel:  that  no  such  nonscMise  as 
the  newspapei-s  state  was  sulfcred  by  his  deputy  to  take  place  in  regard 
t()  the  suri'einlcr  of  Captain  Hi;.i,';4ins  is  to  be  repeated.  an«l  that  repre- 
sentations have  Ik'cu  made  to  me  in  re,uai<l  to  the  relations  of  his  de- 
puty to  the  crew  of  the  Hornet,  which  I  was  vcj-y  soriw  to  receive. 
,IS1|        *|  trust  that  your  nccessiu'y  detention  at  W'ilmin^^tou  will  not 
be  a  source  of  persomd  iiiconveideuce. 
Verv  resi)ectfullv.  yours, 

E.  K.  HOAi;. 

Attoriiri/Ooural. 
T5EX.T.  K.  PiiEi.i'S,  7<^sq., 

Assistant  I'nitcil  States  Attorneii,  WHmintiton.,  Xorth  Carolina. 


Mr.  Carron,  United  States  marshal,  to  Mr.  Hoar,  AttorneyGencrah 

Wilmington,  North  Carolina,  yorcmberb,  1809. 
SlU  :  Yonr  telejjjrani  dated  October  IS  ultimo,  recpu'stin;;-  my  personal 
attention  in  the  case  of  the  Cuban  mau-of-war  at  this  city,  was  received 


.^™^,yr  ^' 


I 

hi 


852 


riCKATY    OF    WASillNiJTON I'AI'HK'S    ACCOMPANYING 


by  iiic  wliilc  I  wjis  in  ;itt«'ii(liuu'«'  upon  llic  I'liitcd  Stntos  district  ('Oiiit 
tluMi  in  session  iit  l^lcnton,  Noitli  ('iiioliMii.  'Fiu'  t«'l('j>rjini  was  tbr- 
wanU'd  to  ino  )).v  niiiii  from  New  IJrrne,  North  Carolina,  Oi-tohcr  L'l.  I 
-went  iniMMMliatcIv  1(»  W'iliiiinuton,  travcrnji'  nioic  than  one  hundred 
inih's  befor«'  I  eoidd  reach  the  raih(>ad.  Passinj^'  (loldshoion;nh  on  tlie 
L'L'd.  1  ]'«'itiied  to  ><mrs  of  tlie  ISth,  and  on  reachiiiii'  Wihnin.uton  called 
on  Mr,  r».  K.  riulps  for  instructions,  as  yon  directed.  Tpon  my  arrival 
1  fouml  tlu'  steamer  1\  iny'  near  the  wharf  and  in  charge  of  my  deputy, 
Joseph  U.  Netf,  who  had  dismantled  her,  and  lendered  he:-  unable  to 
<io  to  s«'a.     1   pi'oceeded  to  discharue  tlu^  vessel,  and  took   from  her  a 

considerable  (juantity  of  material,  and  on  arrivin^i'  with  them,  1 
[185]    t'xpected  to  meet  Colh'ctor  K'uiidey  itr  his  de])uty  to  *take  chars>e 

of  them  in  the  custom  house  warehouse,  but  to  my  astonish- 
ment I  found  neither.  I  deposited,  however,  this  carp)  in  the  ware- 
liouse  without  beinj;-  al»le  to  p't  any  receipt  for  them.  1  then  detrlined 
Xo  discharge  any  more  j^oods  from  the  vessel,  as  I  consi<lered  them  safe 
-where  they  were  with  sliii>  keepers  on  board.  Mr.  l*heli>s  also  thouj;ht 
this  the  lu'st  course. 

The  collector,  Ivumley,  comi>lained  that  the  men  Deputy  Nelf  had  on 
board  were  not  trustworthy.  I  asked  him  tlion  to  put  an  honest  man 
on  boaril  as  watchman  of  the  vessel,  lie  did  .so,  and  a  few  ni;;lits 
theieatter  this  same  man  was  d»'tected  in  abstract  in  j»'  the  stores  to  the 
amount  of  several  humh-ed  dollars"  worth,  which  were  all  cai>tured  by 
Deputy  Nelfs  detect i\cs  ami  are  in  safe  Keepinji'. 

From  a  lull  investigation  of  the  whole  matter  it  is  my  opinion  that, 
with  the  exception  (»f  tin*  theft  nu'ntioned,  the  complaints  in  regar*l  to 
the  nnnia};«'m<'nt  of  the  case  are  without  just  foumlation. 

So  far  as  my  attion  or  that  of  my  subordinates  is  concerned,  we  shun 
not  the  strictest  scrutiny. 

To  conclude,  if  I  may  be  allowed  to  exi)ress  the  opinion,  wouhl  state 
that  the  sei/un^  of  the  vessel  and  trial  of  the  ollicers  iiave  Ix'en  con 

ducted  as  well  as  coidd  be  under  the  circumstaiu'es,  little  petty 
[1S(J|    mis*representati('ns  tt>  the  contrary  notwithstandiii};'. 

Instructions  IVom  your  oHice  to  nu'  shall  always  receive  pronii)t 
attenti«)n.  and  it  will  atVoid  me  pleasure  to  hear  from  you  at  any  time. 

1  remain  yours,  «S:c.,  &.c.^ 

s.  r.  (LVKuox, 

i'nitfd  States  ^farshal. 
1I(M1.  E.  K.  UoAK, 

United  Stati'ti  Attorney  (J aieral. 


w 

i 


^i 


Mr.  Phelps,  assistant  difitrict  attorney,  to  Mr.  Hoar.  Attornci/General. 

Office  of  tiif.  District  Attorney  of  the  United  Sjates 
FOR  THE  Southern  District  of  New  York, 

^'ew  Ycrk,  November  22,  18«0. 

Sir:  I  hav(^  re<;eived  to-day  from  the  counsel  of  the  collector  iit  Wil 
miii^ton  the  letter  and  notice,  of  wliiirh  copies  arc  inclosed. 

Jt  seems  to  me  that  the  motion  to  bond  should  be  opposed.  But  1 
deem  it  still  more  important  thsit,  if  the  claim  shall  be  filed  in  the  name 
of  t'-.e  »'  republic  of  Cuba,-'  a  motion  shouKl  be  nmde  at  once  to  strike 
it  out. 

1  am  engaged  iu  the  preparation  of  some  amendments  to  the  libel 


II'ANYING 

iitos  <listri('t  i'owvt 
t«'l(',i»r;im  was  I'or- 
la,  October  L'l.  I 
liiin  on«>  liiuKii'cd 
ilshoioiijuli  oil  tlic 
Viliniii.uroii  called 

Upon  my  a  nival 
«»o  of  my  (le|mty, 
■ed   lie:'  unable  to 

took  iVoin  her  a 
^in^'  with  them,  1 
y  to  *take.  charge 
t  to  my  astonish- 
iWfXo  in  the  \var<'- 
I  then  de(!lined 
siilered  them  sale 
iel[»s  also  thonj^ht 

'jmty  Netr  liad  on 
it  an  honest  man 
md  a  few  nights 
••  the  stores  to  the 
e  all  cai>ture<l  by 

my  opinion  that, 
aints  in  regard  to 
on. 
meerned,  we  shun 

nion,  would  state 

•s  have  Ix'cn  con- 

aiices,  little  petty 

iidiii<4-. 

ys  receive  pronii)t 

I  you  at  any  time. 

U)X, 

States  ^fat•,sJlaL 


ttonieyOencral. 

nitkd  s'j'ates 
'ew  Youk, 
vcmber22,  1809. 
e,  collector  in  Wil 
ilo.sed. 

>  opposed.    But  1 

>  filed  ill  the  name 
at  ouce  to  strike 

iients  to  the  libel 


COUNTER    CASE    OF    THE    IXITED    STATES. 


85.3 


against  the  ITorm^f,  wliich  will  include  counts  under  the  niracv  act  of 
August  5,  1S«;[. 

If  the  district  attorney  of  North  Carolina  is  intrusted  with  the 
[187]  cliarjix^  of  this  matter,  *permit  me  to  su;i;,ucst  that  his  nnfamiliar- 
ity  with  tlu'  jnoceediiims  of  this  nature  will  render  it  necessary 
to  send  him  very  explicit  iiistritctioMs  as  to  the  law  and  the  piac- 
tice.  Tht>  court  should  not  be  permitted,  1  think,  to  entertain  a  i)lea 
tiled  by  the  "  republic  of  Cuba,"  which  can  have  no  staiidino-  in  our 
courts  until  recogni/ed  by  the  (lovernmeiit.  Certainly  the  Covernment 
should  oppose  vigorously  the  assertion  of  any  sm-h  claim. 

If  the  (iovernment  desire  any  turther  information  or  service  IVom  me 
in  rej^ard  to  this  motion  to  bond  or  the  tilinji'  of  the  claim,  both  of  which, 
as  y»Mi  will  i)erceive,  will  (tome  up  on  :\londay,  the  i'!>rh  instant,  nuiy  1 
ask  to  be  ad\  iscil  as  early  as  practicable. 

If  there  is  a  trial  it  will  be,  1  am  informed,  on  the  I'Oth  of  December' 
at  Ivaleigli. 

If  a  claim  is  made  in  the  name  of  the  ••re|)ublic  (»f  Cuba,"'  aiul  is 
juoperly  opposed,  it  seems  (piite  i)ossible  that  the  expenses  of  a  trial 
may  be  avoided. 

With  great  respect,  vdurs,  &c., 

IJKN.T.  K.  I'HKLPS. 

lion.  K.  11.  lIOAil,  Att<n-iir!i<iciicnil. 


Mr.    Fichl^   AssiHt<(nf  Attorn<\i/-(h'iicr/i!,  to  Mr.  Phelps,  usslxtitnt  diHtrict 

((ttonui/. 


riH«] 


Depaut:ment  of  JisTirE, 

Vi'as/iiiiijtoii,  yorcmhcr  1*3,  ISli!), 

*[  Telegram.] 


Ben.i.  K.  Piiei.vs, 

Assi.stKiif  United  S(<(tes  Attornei/.  Xeir  York  Citi/ : 

(lO  to  Raleigh;  ()i)post>  bonding  i>f  steamer  Hornet  and  all  recogni- 
tion bv  the  court  of  anv  "republic  of  Cuba." 

W.  A.  FlKLl), 
Assistant  A  tfoniei/- (lenernl. 


u,... .  Phelps,  assistant  dlsfrlet  attornci/,  to  Mr.  Hoar.  Attornet/General. 

liALEicil,  yoremher  iM),  18(i!). 

Sru:  T  have  the  honor  to  report  that,  iiixui  the  return  of  the  ]>rocess 
this  day  in  the  Cnited  States  district  court  in  tlu'  case  of  the  rnite<l 
States  vs.  the  st«>amshi))  Hornet,  iSrc,  Messrs.  Davis  and  Mears  ap- 
ix'ared  and  tiled  a  claim,  alleging  owm'rship  of  the  ves.sel  in  the  republic 
of  Cuba,  the  claim  being  made  and  verified  by  J.  Morales  Lemus.  as 
agent  for  mud  r«'])ubli<'.  V  moved,  on  behalf  of  the  Cnited  States,  to 
strike  out  this  claim  upon  the  ground  that  the  repul>li«'  of  Cuba,  not 
having  been  recognized  by  the  political  departments  of  the  (iovernment 
or  either  of  them,  had  no  standing  in  any  of  the  courts  of  the  Inited 
States,  citing  in  support  of  that  position  the  tollowing  authorities: 


854  TREATY    OF    WASHINGTON rAl'EUS    ACCO.MrANYlNU 


(Stli    Diiiins)   K(l.    Wliojilon,   Int«Mn:jt.  Tiiiw,  i»|t,  :>;),  ;5(;,  11,  iiiul 
[IS!)]    «)tli('is;   riiifcd  StiJtt's  fs.  PiiliiuT,  ;'.  \Nli.,  (;i(>:  iIm'  *I)iviiiii.  P;is 
toiii.  4  Wli.,  .">L*;   I'liitt'd  Sliitt's  i-N.  Ihitilii'ios,  L'  Wlicoln's  Ci iiii. 
<':is«'s,  :.i;{:   InittMl  Statrs  is.  IJnkcr.  T.   HlutcliC.  Cir.  Ct.  I{.     The  iii<;ii 
iiiciit  Wiis  coiicliMlcd   by  <  Icoiiio   Dax  is,  «'S(i.,  lor  tlu'  ('liiiiiiiiiits,  and  Ity 
iii\s«'lt'  loi'  the  I'liitrd  States. 

Tlu'  loiMU'r  ciU'd  tSion.iiliton  r,s.  Ta.vlor,  "J  Paine  (".  (\  !{.,  !mL' ;  Sri- 
snri  rs.  ('lenient,  1*  Carr  and  I'ayne,  I'L'.".:  also,  (lelsr<»n  rs.  lloyt. 

The  ai'unnient  eontinned  the  whole  day.  ami  the  ji  id  ye  announced  that 
lie  would  render  Ids  decision  as  soon  as  he  couhl  conii>lote  his  examina- 
tion of  the  case. 

J  am,  sir,  vcrv  respectl'ullv,  V(uirs,  «S:c., 

BKN.J.  K.  PI  IK  LPS. 
lion.  K.  If.  lIoAil,  Attornnj(ienrral. 


Mr.  StarhKckj  (listrirt  dtinrmij,  to  Mr.  Hoar,  Atfornci/dnu'ral. 

Office  of  the  United  States  Attokney, 

Sdlfni,  Xorth  C(t  roll  nil,  Ihevmhcr  ."50,  l<S('>i>. 

Sir:  The  rnired  States  ciicnit  court  at  Haleiji'h  has  just  chised  its 
session  ot  a'Dout  tour  weeks.  I  tiled  a  i>etition  and  obtained  thereon  an 
order  lor  tlu'  sale  of  tlu'  i>eris]iable  ])ortion  of  tlu'  property  found  on 
board  the  steamship  Hornet,  nl'mx  Cuba,  consistinj^'  of  ship-stores,  the 
furniture  of  the  vessel,  and  a  larye  (|uanity  (»f  uunpowcU'r.  This  became 
necessary  to  save  tlu'  j)roperty  fnuu  the  (himaji'c  which  must 
(  P.MIJ  ensue  by  next  June  *term.  to  which  the  case  of  the  Ihuiu't  «'omes 
up  by  appeal,  as  you  hav*'  d«uibtless  ere  this  been  informed  l>y 
Mr.  I'helps.  the  assistant  district  attoriu'v  in  this  case. 

This  pr<»perty  will  be  sold  and  the  jiroceeds  held  by  the  marshal  sub- 
ject to  tlie  final  decision  of  the  case,  which  will  [uobably  be  made  at 
tFaiie  term,  ISTO.  of  this  court. 

1  am,  sir,  very  respectfuUv,  vours,  ^:c., 

1).   n.  STAHP.rCK, 
United  Statin  Attornei/. 
Hon.  K.  ]t.  Hoar,  Attorneii-Gonerat. 


Mr.  Macias  to  the  Prrniilent. 

New  York  City,  'hnir  1,  1S70. 

Sir:  The  undersi<fned,  Mr.  I'ernando  Macias,  merchant,  resident  in 
New  Y(»ik,  and  a  naturalized  citi/en  of  the  rnited  States,  resi)ecttull> 
callsyourattentiiMitothe  eastM)f  the  steamship  ('uba,commoidy  known  as 
tli«'  liornet.nowpendin;;'  in  tlu>  IJidtetl  Statesdistrict  court  for  the  distii<'t 
of  Noith  ('arolina,  and  re  piests  the  discontinuance  of  pioceetlinjis 
ujiainst  the  vessel,  and  her  c  irj^o,  tackle,  and  apparid,  and  her  delivery 
U>  the  nndersijuiied. 

Th(^  Ilorm't  was  ])urcliased  by  the  undersij;ned  in  July,  1S(!!>. 
[PUJ  of  the  IJinted  States  Navy  l)epart*ment  for  the  suni  of  about 
$.'i,'3,tM!(»,and  is  now  iinderseizure,  toj,'ether  with  the  car^o,  apparel, 
and  tackle,  at  Wilnnnp[t<)n,a.d  libelled  for  forfeiture  of  the  alle/j;ed  viola- 
tion of  the  neutrality  lawsof  the  United  States  for  the  puriH)se  of  cominit- 
injjfhostilitiesajjainst  Spain.  The  fa(!ts  in  the  case  are  well  known.  What- 
ever may  be  its  legal  merits,  the  undersigned  has  tUe  contideuee  to  be- 


PANYING 

.   .'!.'5,  .".(►,   11,   siihI 
lu'  *l)i\ili:i    Pus 
W'lu't'lci's  Criiii. 
't.  I{.     TIm'  iii-u 
:iiliiiiiits,  iiiid   li.v 

r.  If.,  T;r,i>:  sii- 

I  rs.  Iloyt. 

('  illlll()llll('(Ml    tllilt 

k'ti'  liis  «'\;miiii;i 


K.  IMIKLPS. 


Attoknky, 
riiihcr  ;»0,  l.S(»!>. 

IIS  just  closed  its 
lined  tlicicoii  an 

lopcit.v  found  on 
f  ship-stores,  tlie 

ler.    This  hecnnie 

\:\'j;o  wliich  iinist 
he  Moinet  comes 

)cen  inloiined    l>y 

the  ntiushid  siil)- 
)al)Iv  be  niade  at 


AKP.rCK, 

St(((<-N  Attornfji. 


V,  'fnHv  1,  1S7<>. 

'hant,  resident  in 
ates,  respect tnil\ 
nnnonly  i<iio\vn  as 
Hit  t()rthedistii<t 
>  of  proceedin;;s 
and  her  delivery 

ed  in  Jidy,  ISd!), 
[he  Slim  of  about 
hecarjjo,  apparel. 
tlM>  alleged  viola- 
iirpos(M)f  comIllit- 
;ll  known.  What- 
contitleuce  to  be- 


COUNTER    CASE    OF    THE    UNITED    STATES. 


855 


lievetliat  it  is  only  the  desire  of  the  Gavennnent  of  tiie  United  States 
to  enforce'  the.  laws,  prevent  their  violation,  and  not  to  enrich  the  public 
trea«iry  by  harsh  lorfcMtures.  The  voyajic  of  the  Cuba  has  been  broken 
up,  and  all  p(»ssibility  of  its  Ix  iii^  lenewed  has  passed.  The  undersiyned 
ilesires  to  i'e;;ain  possession  of  the  vessel  and  to  dispose  of  her  for  coni- 
mercial  purposes,  lie  is  williiifj;'  to  enter  into  any  ein>ajreinent  that  may 
be  accejitable  to  the  (roveriiinent  that  t.ie  vessel  shall  not  be  used  to 
coniinit  hostilities  a<;ainst  Spain,  nor  to  \  it)late  in  anv  manner  the  laws 
of  the  United  States. 

Trust  in;;-  that  the  (Jovernment   will  magnanimously  discontinue  the 
|>roceedin}4S  against  the  \'essel  and  ear^o,  and  order  the  delivery  of  the 
property  libelled  to  the  uiulersigned  as  re(iuested, 
1  have  the  honor  to  be,  yours,  »Scc., 

Ki':iLNAXl)0  MACIAS. 

(IJU'I  *  Hv  his  attorney  in  fact, 

WM.  ]<]'.  (JM.ANDLKH. 

The    IMtESIDENT. 


^ ^fy.  Hoar,  Attorney- (Heueral,  to  Mr.  Fish,  ISevretarf/  of  State. 

A'IT()UNEY-(iENEUAL*S   OFFICE, 

Washhtfitoi),  June  11,  1870. 
SiU:  1  have  the  honor  to  iiudose  a  copy  of  the  instructions  uiiiith 
have  to-jlay  been  sent  to  the  district  attorni'y  of  North  Carolina,  in  rela- 
tion to  the  settlement  of  tlu^  case  of  the  Uornet,  or  Cuba,  and  which 
are,  I  believe,  in  conformity  with  the  wishes  of  the  President,  a.s  com- 
munii'aled  by  you  to  me.  I  in(!iose  with  them  the  bond  which  has  been 
<;i\i'n  Ity  tlKMiiaimant  of  the  vessel  as  a  condition  of  the  settlement,  and 
ii  check  tor  twenty-tive  huinlred  <loll:irs  paid  by  the  claimant  in  settle- 
ment of  such  of  the  expenses  incurred  by  the  United  States  in  relation 
to  tlie  witnesses,  &c.,  as  it  has  been  a,nreed  he  should  pay. 
Vi'i'V  respectfullv, 

1'].  R.  HOAR, 

Attorney-Oencral. 
Hon.  Hamilton  Fish, 

Secret  a  nj  of  State. 


[im\ 


Mr.  Hoar,  Attornn/freiU'ral,  to  Mr.  Starliuek,  ilititricf  attorney. 

[.riu'loHiirc.  I 

Attohney-CiEneiial's  Office, 

Washington,  June  11,  1870. 
*J)A1MUS   11.   StAUBUCK,  Es(1., 

United  States  Attorney^  Raleiyh,  Xorth  Carolina: 
Sir:  ]\Ir.  l^'ernando  Macias  has  ajjplied  for  the  release  of  the  Hornet, 
otherwise  called  the  Cuba,  now  in  the  possession  of  the  United  States 
marshal,  and  has  j>iveu  bond,  with  sutticient  sureties,  in  the  sum  of 
ijir)(),O()0,  that  such  steamer  shall  not  be  used  in  any  manner  in  vio- 
lation of  the  neutrality  laws  of  the  United  States.  It  has  thereupon 
been  agreed  that  the  I*)endin,^  proceeding?  shall  be  dispose!  of  in  the 
following  manner:  The  ai)peal  taken  from  the  district  to  the  circuit 
court  by  counsel  re))re8enting  what  they  call  the  "republic  of  Cuba," 
or  Mr.  Lemus  shall  waive  and  withdraw  that  appeal  and  consent  to  an 


^1 


f, 


r. 


u: 


m 


M 


856 


TREATY    OF    WASHINGTON — PAPERS    ACCOMPANYING 


order  in  tbe  circuit  court  dismiNHlri};  the  Hnuie,  ami  nIuiII  witlnlraw  their 
claim  and  appearance  in  the  district  court;  and  the  Haid  Macias  may 
appear  as  claimant  in  his  own  ri{?ht  of  the  vessel,  tackle,  apparel,  and 
carf?o;  that  he  shall  thereiii)on  tile  a  certiftiMte  oi"  i)robable  cause  of 
seizure,  and  thereupon  you  are  to  discontinue  all  furtli«»r  prov'eedinj»s 
against  the  saitl  vessel  under  the  lihel  in  the  district  court,  and  consent 
to  an  order  deliverin«j  the  siune  t«)  the  said  Macrias,  the  claimant,  and  for 

payment  to  him  of  all  moneys  received  by  the  marshal  for  sales 
[104]    of  any  part  o(  the  property  *lieretofore  made  by  order  or  license  of 

court.  The  marshal  is  to  pay  over  the  whole  proceeds  of  sales, 
and  will  settle  his  account  for  fees  and  disbursements  in  the  ordinary 
manner,  where  the  libel  is  <lisndssed  and  the  ])roperty  discharjjed. 

You  are  instructed  to  carry  this  arrangement  into  immediate  elfect 
without  delay,  if  possible,  on  the  <lay  on  which  you  receive  this  letter, 
and  papers  suitable  for  execution  to  carry  into  effect  these  instructions 
are  inclosed  herewith. 

V'erv  respectfuUv, 

i:.  R.  HOAR, 
A  ttormif-  General. 


Mr.  Fixh,  kSecrefanf  of  State,  to  Mr.  Darls,  district  attorneii. 

rTi'Icgraiu.] 

Department  of  IState, 

Washinfiton,  October  0,  1870. 

Noah  Davis,  United  Stufrs  Attorney,  Xeic  Vork  : 

The  Spanish  minister  alleges  that  the  steamer  ll<unet  is  about  to  sail 
from  New  York  on  an  unlawful  and  jjiratical  cjuise  with  intent  to  make 
war  against  Spain,  and  in  violation  of  the  neutrality  laws.  You  will 
plea.se  take  immediate  steps  to  investigate  tlie  case,  and  will  s-.o,  that 

no  violation  of  the  neutrality  laws  of  the  United  States  be  per 
[1U5]    mitted,  and  that  the  ves.sel  *be  not  allowed  to  depart  on  any  un 

lawful  crui.se. 

ir a:\iilton  fish. 


Memoranda. 

After  the  receipt  of  the  above  telegiam,  the  Horm^t  was  detained  and 
an  examination  made  of  the  facts  in  (;onnection  with  her  alleged  voyage. 
It  was  tinally  decided  that  the  evidence  was  not  suHicient  to  hold  het, 
and  she  was  relea.sed.  She  afterward,  in  December,  1870,  sailed  from 
New  York  "  for  Saint  Thomas  siiid  a  market,  tlu'u  to  a  port  or  ports 
that  the  captain  may  direct,  and  back  to  a  port  of  the  United  States, 
not  exceeding  six  months." 

She  went  to  Nassau,  afterward  \o  Port  au  Prince ;  then  to  A-spinwall, 
where  it  is  alleged  that  a  tilibustering  expedition  against  Cuba  went  on 
board  of  her,  which  expedition  was  afterward  landed  on  the  coast  of 
Cuba.  She  then  weut  to  Port  au  Prince,  where  she  was,  as  it  were, 
blockaded  by  the  Spanish  gunboats  for  several  mouths.  ^ 

In  January  last  the  Government  of  the  United  States  Sent  a  man-of- 
war  to  Port  au  Prince  to  briug  her  back  to  the  United  States,  where, 
apon  her  arrival,  proceedings  were  taken  for  punishing  any  violation  of 
the* neutrality  laws  of  the  Uniied  States. 


h'ANYING 

ill  witlulraw  their 
said  Macias  may 
kle,  upinuol,  and 
r(il)al)l(i  o,an.se  of 
tliof  proceeding's 
)urt,  and  conHent 
clainiant,  and  for 
narslial  for  sales 
)rder  or  license  of 
roceeds  of  sales, 
s  in  the  ordinary 
discharged, 
ininiediate  elfect 
sceive  this  letter, 
hese  instructions 


a.  HOAR, 
'torneif-  General. 


jt  attorneif. 


State, 
Ictobcr  ().  1870. 

't  is  about  to  sail 
li  intent  to  make 
laws.  You  will 
nd  will  ^.'«  that 
d  States  b(^  per- 
lepart  on  any  nn- 

rLTON  FISH. 


ivas  detained  and 
r  alle<;ed  voyage, 
eut  to  hold  her, 
1870,  sailed  from 
>  a  port  or  |)orts 
I*  United  States, 


leu  to  A-Spinwall, 

ist  Cuba  went  on 

on  the  coast  of 

was,  as  it  were, 

38  sent  a  nian-of- 
d  States,  where, 
:  any  violation  of 


